ARVIND JERAM KOTECHA Vs. PRABHUDAS DAMODAR KOTECHA

JUDGEMENT

(1.) This Chamber Summons has been taken out in the Execution Application for leave to be granted to the Defendant / Decree Holder to execute execution proceedings against the original Plaintiff / Judgment Debtor for recovery of the sum due to the Defendant from the Plaintiff as set out in the Execution Application under a judgment dated 22nd January, 1999 of the High Court of Justice of United Kingdom, Queen's Bench Division passed in Case No.1990 K 528 and final costs certificate dated 11th November, 2004 and additional certificate dated 17th January, 2005 issued by the Queen's Bench of the High Court of Justice (United Kingdom) in case No. 1990 K 528 and Certificate under Section 10 of the Foreign Judgments (Reciprocal Enforcement) Act, 1993. The Applicant has further sought dispensation of notices under Order XXI Rule 22(1) (b) of the Code of Civil Procedure, 1908 (for short "CPC").

(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 (United Kingdom) seeking an order to release to the original Plaintiff a fund held in the joint names of the Original Plaintiff and the Defendant and for damages. On 25th February, 1993, a consent order came to be passed by the Queen's Bench Division of High Court of Justice (United Kingdom). By the said consent order judgment was entered against the Defendant on the ground that no defense had been served by the Defendant pursuant to the order of Deputy Master Rose dated 3rd August, 1992 and it was adjudged that the Defendant shall pay the original Plaintiff damages as assessed. The Defendant was further ordered to make and deliver an account of the fund held in account of 13044718 at the Standard Chartered Bank Ltd., 37, Gracechurch Street, London EC3V OBX together with all dealings therewith within 28 days of this order. The Defendant was ordered to pay the Original Plaintiff all sums found due to the Original Plaintiff within 28 days upon taking of such account. The Defendant was forthwith to cause his name to be removed from the said account and give and all necessary directions to the bank for release of the fund to the Original Plaintiff absolutely. The interest was to be assessed with damages and the Defendant to pay the Original Plaintiff cost of this action, to be taxed, if not agreed.

(3.) The Original Plaintiff applied in the Suit pursuant to the said consent order dated 25th February, 1993 for damages and interest to be assessed. Pursuant to the said application, the case for assessment of damages was tried and a judgment and order was passed by the Queen's Bench Division High Court of Justice (United Kingdom) (Judge Rich QC) dated 22nd January, 1999. By the said judgment, the damages were assessed at Nil. The Judge directed that:-