ARVIND JERAM KOTECHA Vs. PRABHUDAS DAMODAR KOTECHA

JUDGEMENT

(1.) This appeal arises from an order passed by a learned Single Judge of this court on a chamber summons taken out in an execution application. The chamber summons was for leave to the decree holder (Respondent herein) for prosecution of execution proceedings against the judgment debtor (Appellant herein). The execution was sought of a decree passed by the High Court of Justice of U.K., Queen's Bench Division, in Case No.1990-K-528, read with (i) final costs certificate dated 11 November 2004 and (ii) additional certificate dated 17 January 2005. The decree holder also holds a certificate under Section 10 of the Foreign Judgment (Reciprocal Enforcement) Act.

(2.) The original plaintiff had filed Case No.1990-K-528 against the defendant in the Queen's Bench Division of the High Court of Justice (U.K.) for an order for release of a fund held in the joint names of the plaintiff and the defendant and for damages. On 25 February 1993, a consent order was passed in the case, under which a judgment was entered against the defendant on the ground that no defence had been served by the defendant pursuant to the order of Deputy Master Rose dated 3 August 1992 and adjudging that the defendant shall pay the original plaintiff damages as assessed. The original plaintiff accordingly proceeded to apply for damages. The case for assessment of damages was tried and a decree was passed by the Queen's Bench Division (Judge Reach QC) on 22 January 1999. The decree assessed the damages at nil, and was in the following terms :

(3.) Pursuant to this judgment, on 23 March 2000, the decree holder filed a bill of costs. A detailed hearing regarding assessment of costs took place wherein points of dispute were served and replies filed. On 11 November 2004, pursuant to the judgment dated 22 January 1999, a final costs certificate was issued by the Costs officer of the court directing the original plaintiff to pay to the defendant costs of 57,175.25 GBP within 14 days. The final costs certificate reads as under :