LAWS(BOM)-2013-8-44

JANARDHAN MOHANDAS RAJAN PILLAI Vs. MADHUBHAI Z. PATEL

Decided On August 13, 2013
Janardhan Mohandas Rajan Pillai Appellant
V/S
Madhubhai Z. Patel Respondents

JUDGEMENT

(1.) By consent of parties, all the three chamber summons were heard together and are being disposed of by this common order.

(2.) Chamber Summons No. 888 of 2010 is taken out by Anand Bazar Patrika Limited (hereinafter referred to as judgment creditor no.3) and Aveek Sarkar (hereinafter referred to as the judgment creditor no.4.) interalia praying for arrest and detention of Gopika Nina Pillai (hereinafter referred to as judgment debtor no.2) in civil prison. Chamber Summons No. 922 of 2010 has been filed by judgment debtor no.2 inter alia praying that this court shall determine/ascertain the decreetal amount in Indian rupees payable by judgment debtor no.2 to the judgment creditor no.4 under two costs certificates both dated 28th June, 1996 issued by the Taxing Master/Officer of the English Court, which costs certificates were the subject matter of Notice Nos. 1772 of 1997 and 1775/97 alleged to be allowed by this court in Execution Application No. 205 of 1997 and also seeks stay of the said execution application. Chamber Summons No. 923 of 2010 is taken out by judgment debtor no.2 inter alia praying that this court be pleased to determine/ascertain the decreetal amount in Indian Rupees payable to the judgment creditor no.3 under the two costs certificates both dated 28th June, 1996 issued by the Taxing Master/Officer of the English Court which were the subject matter of Notice Nos. 1773 of 1997 and 1774 of 1997 allowed by this court in Execution Application No. 204 of 1997. Judgment debtor no.2 also seeks recall of the order dated 26th February, 2009 passed by this court in Chamber Summons No. 892 of 2008.

(3.) Judgment debtor no.2 alongwith her husband, now deceased Janardhan Mohandas Rajan Pillai were the original plaintiffs in proceedings filed before English Court. Judgment creditor nos.3 and 4 were original defendant nos. 3 and 4 in the said proceedings.