GAURAV DHAWAN Vs. TRANSASIA PRIVATE CAPITAL LIMITED

JUDGEMENT

(1.) The present appeal has been filed on behalf of the Judgment Debtor against the impugned judgment dtd. 6/4/2023 passed by the learned Single Judge in EX.P. 37/2021. By way of the impugned judgment, the objections filed on behalf of the judgment debtor were dismissed and the judgment dtd. 16/10/2020, passed by the High Court of Justice Business and Property Courts of England and Wales Commercial Court (QBD) [hereinafter referred to as the 'UK Court'] was held to be conclusive and executable in India.

(2.) Brief facts which led to the filing of the present appeal are as follows:

(3.) The learned Single Judge, via the impugned judgment dtd. 6/4/2023, dismissed the aforesaid Objections holding that the UK Court had correctly exercised jurisdiction in the present case. The impugned judgment held that the agreement between the parties contained an asymmetrical jurisdictional clause which allowed the respondent to institute proceedings in any court of competent jurisdiction of its choice. It was noted that the appellant had provided a registered address in the United Kingdom (UK) and he was duly served at the said address in terms of Sec. 1140 of the [English] Companies Act. Therefore, the UK Court was a court of competent jurisdiction. Furthermore, the UK Court decided the dispute on merits after evaluating the evidence placed on record. Therefore, it was held that the judgment of the UK Court has to be considered as a judgment on merits and not an ex parte judgment.