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1999 Supreme(Bom) 358

F.I.REBELLO
Bank of Baroda – Appellant
Versus
Manubhai Jethabhai Patel and others – Respondent


JUDGMENT - F.I. REBELLO, J.:---The plaintiffs-decree holders have moved this Court by way of Judges' Order. On 19th March 1999 it was agreed between the parties that this should be treated as Notice of Motion under Order XXI, Rule 22 of the Code of Civil Procedure and order was passed accordingly.

2. The plaintiffs had filed a suit in the High Court of Justice, Queens' Bench Division bearing No. 1995-B. No. 2588. In the said suit judgment came to be pronounced on 3rd July 1996, against defendant No. 1. The plaintiffs, being unable to get the decree satisfied by execution in U.K., have applied for execution of the said decree before this Court. The plaintiffs have annexed a certified copy of the judgment along with a certificate issued by the High Court of Justice Queen's Bench Division dated 16th June 19997 that the decree remains wholly unsatisfied. It is contended that the judgment/decree is of a reciprocating country and consequently can be executed in this Court. Reliance for that purpose is placed on sections 13 and 44-A of the Code of Civil Procedure 1908.

To execute a foreign decree a decree holder must move this Court in Court in terms of Order XXI, Rule 10. Section 44-A of























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