DALLAH ALBARAKA INVESTMENT COMPANY LIMITED Vs. AJITABH BACHCHAN

JUDGEMENT

(1.) THE Decree Holders have moved this Court for leave to execute the decree under section 13 r/w. section 44-A of the Code of Civil Procedure. The decree holders have annexed a certificate from the Master of Queens Bench Division of the Supreme Court of England and Wales, that the decree for a sum of US$ 1,609,135. 00 plus interest/liquidated damages to be assessed, remains outstanding in the sum of US$ 1,457,230. 30 with interest/liquidated damages to be assessed. The certificate is dated 5-10-1998. Exhibit "c" is the Statement of Claim by the decree holders.

(2.) JUDGMENT Debtors have filed their reply through the constituted attorney of judgment Debtor No. 2. The principle contentions as raised in the said reply is that a decree cannot be executed for the following reasons;

(3.) DECREE holders have filed a rejoinder, to which is annexed a letter dated March 9, 1998 written by the judgment Debtor No. 1 to Kearns and Company Decree Holders Solicitors alongwith the acknowledgment of service of writ of summons presented by the Asprey Finance Limited. Also letter dated March 14, 1998 by judgment Debtor No. 2 to Solicitors for Glade Securities Limited alongwith the acknowledgment of service of writ of summons. Also annexed is a letter dated 6-4-1999 by the Assistant General Manager, Reserve Bank of India to the Advocates of the decree holders that the application for remittance would be considered after orders are received from the Indian Court for execution of the decrees. The above facts have been narrated as they are essential for disposing of the issues that arise in this matter.