BARNES INVESTMENT LIMITED Vs. RAJ KUMAR GUPTA

JUDGEMENT

(1.) EA No.343/97 has been filed by one M/s. United Towers India (P) Limited for impleadment as well as for recall, set aside and variation of the warrants of attachment issued by this Court on 4 May 1994, in respect of property no.22, Barakhamba lane, New Delhi (subsequently corrected as 20, Barakhamba Road, New Delhi). EA No.344/97 has been filed by Raj Kumar Gupta - Judgment debtor no.1, for recall of the said warrants of attachment. These arise under the following circumstances:

(2.) Notice in the execution petition was issued only to judgment debtor no.1 as it was stated before the Court that other defendants were only proforma parties. It appears that after service on judgment debtor no.1, the Court issued warrants of attachment of the aforenoted immovable property, returnable on 31 August 1994 and later on 3 January 1995. Meanwhile, on 23 September 1994, Raj Kumar Gupta filed two applications, being EA No.278/94 (under Order 21 Rule 58 Code of Civil Procedure) and a supplementary application, EA No.279/94 (under Section 151 Code of Civil Procedure) assailing the validity of the foreign decree sought to be executed on the pleas that: the foreign decree was made without service on him; s ex parte and not on merits; the foreign court ha no jurisdiction; the decree was fraudulent and the execution was not maintainable. It was prayed that the warrants issued be recalled/stayed, till the objections in EA No. 278/94 were finally decided.

(3.) On 16 January 1995, Raj Kumar Gupta filed a Suit, No.138/95, for declaration and permanent injunction on the self same pleas against the judgment and decree under execution, of its being a nullity, void ab initio and not conclusive. On IA No.419/95, moved therein, the execution proceedings, i.e. the present proceedings, were stayed. The said order is still in force.