LAWS(BOM)-2015-4-17

KOLMAR GROUP AG Vs. TRAXPO ENTERPRISES PVT. LTD.

Decided On April 09, 2015
Kolmar Group Ag Appellant
V/S
Traxpo Enterprises Pvt. Ltd. Respondents

JUDGEMENT

(1.) The applicant / decree holder / judgment creditor (plaintiff) has obtained a judgment in the above suit from the Royal Courts of Justice, London, UK against the respondent / judgment debtor (defendant) herein on 1st February, 2010, which the plaintiff desires to execute. Consequently the above execution application is filed for execution of the above judgment. In the above execution the plaintiff has taken out the above Chamber Summons for depositing of decretal amount and failing which for disclosing the particulars of the assets and properties of the defendant, for issue of notices, precepts and warrant as may be required under Order 21 of the CPC, for an injunction against defendant from transferring, alienating and creating any third party rights of any of its properties, appointment of receiver, for detaining the defendant in civil prison upon non compliance of order of disclosure and other incidental reliefs and costs of the application.

(2.) The certified copy of the above judgment is filed. The plaintiff would contend that the foreign judgment is conclusive between the parties and can be executed by this Court. The Chamber Summons came to be served upon the defendant by post on 12th September, 2014 and by hand delivery of 9th September, 2014. The notice taken out in the above application also came to be served through personal service by bailiff of this Court upon the defendant on 23rd October, 2014. The defendant failed to file any reply. An adinterim injunction came to be granted on 3rd November, 2014. The respondent was represented and applied for time which was granted making the Chamber Summons returnable on 19th November, 2014.

(3.) On 19th November, 2014 the defendant absented itself. No affidavit in reply was filed. The Chamber Summons was granted in terms of prayer 'a' directing defendant to deposit the decretal amount of Rs.11.31 crores with interest as claimed in prayer 'a' of the Chamber Summons within four weeks from that day. If the defendant did not deposit the amount the defendant was directed to disclose its assets, means and properties within 8 weeks from that day. It was directed that if it was not disclosed further orders under Order 21 Rule 41 would have to be passed. The Chamber Summons came to be adjourned to 21st January, 2015.4