Question 1

I have a court decree — how do I actually collect the money?

Accepted Answer

A court decree is a legal entitlement to be paid — but it is not self-executing. To collect, you must file an Execution Petition in the same court that passed the decree (or transfer it to the court where the debtor's assets are located). JCA then applies for: (1) attachment of the debtor's bank accounts — the most effective first step, as it freezes funds immediately; (2) attachment of immoveable property (land/buildings) — followed by court sale; (3) attachment of moveable property (vehicles, stocks, equipment). JCA begins with asset tracing to identify which method is most effective for your specific debtor.

Question 2

What is the difference between executing a court decree and enforcing an arbitral award?

Accepted Answer

A court decree is directly executable under the Civil Procedure Code (CPC) through an Execution Petition. An arbitral award must first be filed as a decree under Section 36 of the Arbitration & Conciliation Act — only then can standard CPC execution proceedings begin. During the 3-month window when the losing party can challenge the award under Section 34, the award-holder can apply for interim protection (security for the award amount) to prevent asset dissipation during the challenge period.

Question 3

What is a garnishee order and how does it work?

Accepted Answer

A garnishee order (Order XXI, Rule 46 CPC) is directed at a third party who owes money to the judgment debtor — typically a bank or a trade debtor. The court orders the garnishee (e.g., the bank) to pay the amount directly to the decree-holder instead of to the debtor. For bank accounts, this effectively freezes and redirects funds without requiring the physical attachment of property. It is the fastest and most efficient enforcement tool for liquid assets.

Question 4

Can I enforce an arbitral award from another country in India?

Accepted Answer

Yes — India is a signatory to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Foreign awards from New York Convention countries can be enforced in India by filing an application before the relevant High Court under Part II, Chapter I of the Arbitration & Conciliation Act 1996. The court examines limited grounds for refusal — primarily procedural defects and public policy. Once recognised, the award is enforced as a court decree. JCA handles foreign award enforcement through the Madras High Court for awards from Southeast Asian, UK, and US-seated arbitrations.

Enforcement of Decrees & Awards

Enforcement Services

Decree Execution

Arbitral Award Enforcement

Injunction Compliance

NCLT Award Enforcement

Asset Tracing

Attachment Before Judgment

What JCA Enforcement Delivers

Bank Attachment First

Proactive Asset Tracing

Maximum Recovery

Foreign Award Expertise

Contempt as Leverage

Tamil Nadu Courts

Enforcement — Frequently Asked Questions

Related Services

Have a Decree to Enforce?