MANOJ MOOLEKKUDI SUBRAMANYAN Vs. RAJESH PALLIPARAMBIL RAVI

JUDGEMENT

(1.) Whether the notification dated 17.01.2020 issued by the Central Government, declaring United Arab Emirates to be a reciprocating territory for the purposes of Section 44A of the Code of Civil Procedure, 1908 (for short 'the Code'), is retrospective in operation? This is the core issue which falls for consideration in the instant case.

(2.) The petitioner is one of the judgment-debtors and the respondent is the decree-holder in Lawsuit No.1280/2011 on the file of the Preliminary Court at Dubai. On 16.09.2014, the Preliminary Court at Dubai passed a decree for realisation of money against the petitioner and the other defendants in the above suit. Appeal No.1486/2014 filed against the decree was dismissed on 24.12.2014 by the Appeal Court at Dubai. The O.P.(C) No.950/2020 further appeal filed as Appeal No.25/2015 was dismissed by the Supreme Court at Dubai on 06.12.2015.

(3.) In March, 2018, the respondent filed an application as E.P.No.815/2018 in the District Court, Ernakulam for execution of the above decree by attachment and sale of the properties of the petitioner. On 18.08.2018, the petitioner filed objection to the execution petition, raising various contentions. One among the contentions raised by him is that the decree is not executable in India under Section 44A of the Code since it is not a decree passed by a superior court of a reciprocating territory.