EMIRATES BANK INTERNATIONAL PJSC Vs. VIJAY TALWAR

JUDGEMENT

(1.) Refusal to enforce foreign decree and judgment is under challenge in this Appeal. Appellant "â„¢s suit for recovery of UAE DHS 1,813,801.74 has been held to be not maintainable by the learned Single Judge, who has invoked Order VII Rule 11 of the Code of Civil Procedure at the instance of Respondent herein.

(2.) Impugned Order of May 14, 2008, takes note of the factual matrix of this case, in the following words:-

(3.) The suit of the Appellant was resisted by the Respondent by filing an application under Order VII Rule 11 (d) of the CPC, being barred by law i.e. by the provision of Section 13 of the Code of Civil Procedure, 1908, which spells out six eventualities when foreign judgment is not conclusive. Out of these six, i.e. (a) to (f) of Section 13 of the CPC, the two which have been invoked are (b) and (d) of Section 13 of the CPC. The second and fourth eventualities are (b) where it (Foreign Judgment) has not been given on merits of the case and (d) where the proceedings, in which the Foreign Judgment was obtained, are opposed to natural justice.