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2011 Supreme(Bom) 641

S.J.VAZIFDAR
Dhirajlal alias Dhirubhai Babaria – Appellant
Versus
Navinbhai C. Dave – Respondent


Advocates Appeared:
For the Petitioners:Mr. Fredun De’Vitre Rajnish Agarwal with Nishit Dhruva, Prakash Shinde & Ms. Swati Deshpande i/b M. Dhruva & Partners, Advocates.
For the Respondents:Virag Tulzapurkar, senior counsel with Zubin Behram-Kamdin, Vivek Vashi and Anush Rajan i/b M/s. Bharucha & Partners, Advocates.

Judgment :

1. The plaintiffs have filed the suit for an order that a foreign judgment dated 21st September, 2010, passed by the District Court, 14th Judicial District, Dallas County, Texas, United States of America, be deemed to be a decree of this Court and for a direction to enforce and execute the said judgment as a decree in favour of the plaintiffs and against the defendants. The plaintiffs have taken out the above Notice of Motion seeking interim reliefs in respect of the defendants properties to safeguard their rights under the said judgment.

2. The plaintiffs filed proceedings before the District Court to recover a sum of US $5,500,000/- together with interest thereon at 10% from April, 2009 till payment and for costs. The case in the petition is this.

The parties entered into a series of transactions commencing from 1989 in Dallas County, Texas. The transactions were referred to as the “Oil Rig of Peerless Drive Limited”. Defendant No.1, acting individually and as the Chairman of the Board of defendant No.2, Swan Mills Limited, requested the plaintiffs to secure a loan of approximately US $ 1 million for which the plaintiffs furnished personal guarantees. Further transact


















































































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