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2004 Supreme(Del) 150

MUKUNDAKAM SHARMA
CHANCETEAM INVESTMENTS LTD. – Appellant
Versus
R. D. RAMANATH COMPANY – Respondent


Advocates Appeared:
A.R.LAL, A.S.CHANDHIOK, Anjula Chopra, MANMIT ARORA, RAJIV GEORGE

Mukundakam Sharma, J.

( 1 ) THE decree-holder herein obtained a foreign judgment from the Supreme Court of Hong Kong on September 8, 1994. Pursuant thereto the decree-holder filed an execution petition in this Court for execution of the aforesaid foreign judgment as provided for under section 44-A and Order XXI 11 of the Code of Civil Procedure. Along with the said execution petition a certified copy of the judgment dated August 12, 1994 was annexed as Annexure `a wherein it was recorded as follows:-

". . . . . . , IT IS THIS DAY ADJUDGED that the Defendants do pay the Plaintiff the sum of US$109,556. 37 or its equivalent in Hong Kong Dollars at the time of payment together with interest thereon at the rate of 9. 5% per annum from the 8th September, 1992 to the date hereof and thereafter at judgement rate until payment in full and HK$1,810. 00 as fixed costs. "

( 2 ) THE said petition was filed in this Court on May 28, 1997. On filing of the said application, this court by order dated July 7, 1997 directed for issuance of notice to the judgment debtors. The said notice was served on the judgment debtors and accordingly counsel for the judgment debtors entered appearance on the subse








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