ARUN KUMAR JAGATRAMKA Vs. ULTRABULK A/S

JUDGEMENT

(1.) Heard learned advocate Mr.Vivek Gupta for the petitioner and learned advocate Mr.Aditya Krishnamurthy with learned advocate Mr.Harsh Parekh for the respondent, at lengt

(2.) The challenge in the present Special Civil Application filed under Article 227 of the Constitution, is directed against order dtd. 4/8/2021 below application Exhibit 65 in Execution Application No.161 of 2019 passed by the Principal Senior Civil Judge, Jamnagar- the Commercial Court, whereby the prayer of the petitioner to hold that the said executing court did not have the jurisdiction to entertain and decide the execution proceedings, came to be negatived.

(3.) The facts in the background stated in the nutshell are that the petitioner had executed irrecoverable personal guarantee on behalf of the Gujarat NRE Coke Limited. Since the said company failed to pay the dues, the suit came to be instituted by the respondent in English Commercial Court, resulting into decree as aforesaid. It is under Sec. 44A of the Code of Civil Procedure,1908 (CPC) that the said decree is presented for execution before the Commercial Court at Jamnagar as the decree of reciprocating territory.