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2003 Supreme(Bom) 892

NISHITA MHATRE
Janardhan Mohandas Rajan Pillai & another – Appellant
Versus
Madhubhai Patel & others – Respondent


JUDGMENT - Smt. MHATRE NISHITA, J.:---The present Notices have been issued in Execution Applications filed by the defendants against the plaintiff for recovering the costs which have been awarded to them by the English Courts. The matter in dispute has arisen as follows :

An article was published in the issue of the "Sunday" dated 13/19-6-1993 concerning the plaintiffs and which they found to be defamatory. The plaintiffs, therefore, filed a suit for damages in the English Court in 1993 alleging that the article was defamatory. Defendant No. 3 was the publisher and defendant No. 4 was the Distributor of the magazine. On 13-8-1993, defendant No. 4 made an application before the Master Queens Bench Division for stay of the suit on the ground that the English Court had no jurisdiction to try the suit as the magazine was published from India and the proper Court would be the Indian Court. This application of defendant No. 4 was dismissed by the Master on 28-3-1994. An appeal was preferred by defendant No. 4 against he order of the Master to the learned Chamber Judge, French, J. On 9/10-6-1994, the appeal of defendant No. 4 was allowed on merits after hearing both sides on the issue as
























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