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2013 Supreme(Del) 1599

S.MURALIDHAR
Messer Griesheim Gmbh – Appellant
Versus
Goyal Mg Gases Pvt. Ltd. – Respondent


Advocate Appeared:
For the Petitioner:Amit Sibal with Ms. Mohana M. Lal, Amrinder Singh, Ms. Geetali Talukdar, Advocates.
For the Respondent:Maninder Singh, Senior Advocate with P.S. Bindra with Ms. Shweta Priyadarshini, Advocates.

Judgment :

EA No. 471 of 2009

1. For reasons stated therein, this application is allowed.

2. The application stands disposed of.

EA Nos. 32 of 2007, 152 of 2008 and 470 of 2009

1. Execution Petition No. 70 of 2006 has been filed by Messer Griesheim GMBH (presently called Air Liquide Deutschland GmbH) against Goyal MG Gases Pvt. Ltd (Judgement Debtor) under Section 44A of the Code of Civil Procedure, 1908 (‘CPC’) and Section 151 thereof for execution of a foreign judgment and decree dated 7th February 2006 passed by the High Court of Justice, Queen’s Bench Division, Commercial Court, Royal Court of Justice, U.K. By the said judgment and decree, the Decree Holder (‘DH’) has been awarded an aggregate sum of US$5824564.74 and Euro 31,364.74 comprising:

“a) US $4794762.98 plus

b) Interest up to the date of the Order in the sum of US $1019751.76 plus.

c) Costs and expenses in the sum of:-

i. Euro31364.74 and

ii US $ 10050.00 together with

d) Interest on the aforesaid sum of US $ 5824564.74 and Euro 31364.74 (Judgment sum) @ 8% p.a. from 7th February 2006 upto the date of payment.”

2. Accompanying the Execution Petition is a certified copy of the aforementioned judgment and decree tog













































































































































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