GOPIKA NINA PILLAI Vs. MADHUBHAI Z PATEL

JUDGEMENT

(1.) THESE appeals are against the common order and judgment of a learned Single Judge dated 13.08.2013 in Chamber Summons No.888 of 2010, Execution Application No.206 of 1997, Chamber Summons No.922 of 2010 and Chamber Summons No.923 of 2010. The issues, legal and on merits, are common. The appeals are therefore, disposed of by a common judgment.

(2.) THESE proceedings require the determination of the date on which the amount decreed in foreign currency by a Superior Court of a reciprocating territory is to be converted to Indian currency. The learned Judge determined the date to be 10.06.2008, which was the first time when the respondents were entitled to execute the foreign costs certificates / decrees on account of certain orders passed in the execution applications filed by respondent Nos.3 and 4. We have however, held that the relevant date is the date of the foreign decree.

(3.) (A). In 1993, appellant No.1 and her late husband - Janardhan Mohandas Rajan Pillai had filed a suit for damages in the High Court of England, Queen's Bench Division for defamation against respondent Nos.3 and 4 - Ananda Bazar Patrika Limited and one Aveek Sarkar. The defamation was said to be contained in an article that appeared in the third respondent's magazine "Sunday".