OAKWELL ENGINEERING LTD Vs. ENERNORTH INDUSTRIES INC

JUDGEMENT

(1.) The IA No.385/2005 is filed by the judgment debtor claiming several reliefs. However, at the time of arguments the only prayer pressed is dismissal of the execution petition.

(2.) The basic facts relevant for the disposal of the application are as follows. The decree holder obtained a decree on 16.10.2003 from the High Court of the Republic of Singapore in Suit No.997/2002/V titled Oakwell Engineering Limited Vs. Energy Power Systems Limited (now known as Ener North Industries Inc. judgment debtor). The decretal amount, in terms of Indian Rupees, is Rs.27,85,84,825/- (Rs.Twenty seven crores eighty five lacs eighty four thousand eight hundred twenty five only). In the execution petition he seeks execution of the decree of Singapore Court under Section 44A of the Civil Procedure Code. It is alleged by the decree holder that no amount has been received towards the satisfaction of the decree under execution. The appeal filed against the decree under execution has been dismissed by the Court of Appeal of the Republic of Singapore. The decree is sought to be executed by issuance of warrants of attachment against the movable and immovable properties of the judgment debtor situated in India as per details given in Annexure-'A'. The decree holder has disclosed that it is also seeking execution of the decree in Canada where the judgment debtor has assets. The judgment debtor has also raised objections to the execution petition filed in the court of Canada.

(3.) The judgment debtor has raised three objections to the maintainability of the execution petition namely (1) The execution petition is not maintainable; (2) The Court has no jurisdiction to entertain the execution petition; and (3) The execution petition is an abuse of the process of the Court.