JUDGMENT :

R.I. Chagla, J.

This Chamber Summons has been taken out in the Execution Application for leave to be granted to the Defendant / Decree Holder to execute execution proceedings against the original Plaintiff / Judgment Debtor for recovery of the sum due to the Defendant from the Plaintiff as set out in the Execution Application under a judgment dated 22nd January, 1999 of the High Court of Justice of United Kingdom, Queen's Bench Division passed in Case No.1990 K 528 and final costs certificate dated 11th November, 2004 and additional certificate dated 17th January, 2005 issued by the Queen's Bench of the High Court of Justice (United Kingdom) in case No. 1990 K 528 and Certificate under Section 10 of the Foreign Judgments (Reciprocal Enforcement) Act, 1993. The Applicant has further sought dispensation of notices under Order XXI Rule 22(1) (b) of the Code of Civil Procedure, 1908 (for short "CPC").

A brief background of facts is necessary:-

2. The Original Plaintiff had filed Case No.1990 K 528 against the Defendant in the Queen's Bench Division of the High Court of Justice (United Kingdom) seeking an order to release to the original Plaintiff a fund held in the joint names o