TRANSASIA PRIVATE CAPITAL LIMITED Vs. GAURAV DHAWAN

JUDGEMENT

(1.) Vide order dated 24.05.2021, this Court has issued the following directions against the Judgment Debtor:-

(2.) Aggrieved against the aforesaid directions issued by this Court, the present review petition has been filed by the judgment debtor under the provisions of Order XLVII Rule 1 r/w Section 151 CPC seeking review of order dated 24.05.2021. Pertinently, the aforesaid directions have been passed against the judgment debtor in the execution petition [EX.P. 37/2021], wherein execution of a foreign judgment and order dated 16.10.2020 passed by the High Court of Justice Business and Property Courts of England and Wales Commercial Court (QBD) in CL-2021-000257, is sought by the decree holder.

(3.) At the hearing, learned senior counsel for applicant/judgment debtor submitted that under the provisions of Sections 13 and 44A of the CPC, the judgment debtor is entitled to contest a foreign decree and for execution thereof, issuance of a show-cause notice under Order XXI Rule 22(1) CPC is mandatory. Learned senior counsel further submitted that the foreign Award/decree in question, has neither been passed by a Court of competent jurisdiction, nor is it a judgment on merits. It was pointed out that the order under review suffers from material errors, wherein powers under Order XXI Rule 22(2) of the CPC have been invoked, dispensing with requirement of issuance of Show Cause Notice.