MIDDLE EAST BANK LTD Vs. RAJENDRA SINGH SETHIA

JUDGEMENT

(1.) This is an application under Order 21, Rule 41 of the Code of Civil Procedure for examination of judgmentdebtor Rajendra Singh Sethia as to his property in a proceeding for execution of a foreign decree passed by the High Court of Justice, Queens Bench Division of England.

(2.) Sometime in January, 1984 the plaintiff-decree-holder, Middle East Bank Ltd., filed a suit in the Queen's Bench Division in the High Court of Justice in London against amongst others the respondent/judgmentdebtor, Rajendra Singh Sethia. The suit was filed against the respondent/judgment-debtor along with four others. The writ of summons was served on the respondent/judgment-debtor and the other defendants in the suit. The said writ of summons was accepted by the Solicitors of the third defendant (the judgment-debtor by the name of Messrs. Iringhans). A certificate of such service was issued by the Master of Queens Bench Division of the Supreme Court of England and Wales.

(3.) On 8/02/1985 the plaintiff/decree-holder obtained a judgment against the five defendants including the respondent/judgment-debtor in the Commercial Court of Queen's Bench Division in the High Court of England for payment of a sum of Rs. US $23,547,972.16c inclusive of interest until judgment together with the cost on a solicitor and own client basic. The said judgment and decree also allowed interest at the rate of 15% per annum on and from 16/04/1985.