Point of Law: Power of review can be exercised for correction of a mistake but not to substitute a view. Such powers can be exercised within the limits of the statute dealing with the exercise of power.

ORDER :

1. Vide order dated 24.05.2021, this Court has issued the following directions against the Judgment Debtor:-

“6. This Court is satisfied that the decree holder has made out a case for invoking Order XXI Rule 22(2) of the Code of Civil Procedure. In that view of the matter, the judgment debtor is directed to file the affidavit of his assets on the date of cause of action, date of the judgment as well as today in Form 16A, Appendix E under Order XXI Rule 41(2) of the Code of Civil Procedure within 30 days of the receipt of the notice.

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8. The judgment debtor shall not transfer, alienate or create any third-party interest in respect of its assets to the tune of decreetal amount except in the ordinary course of its business such as payment of salary/statutory dues. However, the judgment shall not discharge any liability except the financial liability in respect of a bank/financial institution till the next date of hearing.

9. The judgment debtor shall remain present before this Court on the next date of hearing”

2. Aggrieved against the aforesaid directions issued by this Court, the present review petition has been filed by the judgment debtor under the provisions of Order XLVII Rule 1 r/w Section 151 CPC seeking review of order dated 24.05.2021. Pertinently, the aforesaid directions have been passed against the judgment debtor in the execution petition [EX.P. 37/2021], wherein execution of a foreign judgment and order dated 16.10.2020 passed by the High Court of Justice Business & Property Courts of England & Wales Commercial Court (QBD) in CL-2021-000257, is sought by the decree holder.

3. At the hearing, learned senior counsel for applicant/judgment debtor submitted that under the provisions of Sections 13 and 44A of the CPC, the judgment debtor is entitled to contest a foreign decree and for execution thereof, issuance of a show-cause notice under Order XXI Rule 22(1) CPC is mandatory. Learned senior counsel further submitted that the foreign Award/decree in question, has neither been passed by a Court of competent jurisdiction, nor is it a judgment on merits. It was pointed out that the order under review suffers from material errors, wherein powers under Order XXI Rule 22(2) of the CPC have been invoked, dispensing with requirement of issuance of Show Cause Notice.

4. Learned senior counsel next submitted that the execution petition was filed on 11.05.2021and purported advance service email is also dated 11.05.2021 and even if it is assumed that advance service was affected upon judgment debtor, still it could not have been before 11.05.2021, though the judgment debtor had resigned from the directorship of PCL Foods Pvt. Ltd. on 06.05.2021, which fact was placed on record by the decree holder by filing additional documents on 15.05.2021 i.e. the Company Master Data.

5. It has been pleaded on behalf of judgment debtors that the principles carved out in Bhandari Engineers & Builders Pvt. Ltd. Vs. Maharia Raj Joint Venture 2016 227 DLT 302, have been applied to the domestic decrees and not to foreign decrees, execution of which is sought under Section 44A CPC.

6. Lastly, learned senior counsel has submitted that ex parte directions issued by this Court vide order dated 24.05.2021 has caused great prejudice to the judgment debtor and thereby, this review petition deserves to be allowed and directions of this Court in Paras-6 & 8 of the impugned order dated 24.05.2021 deserve to be set aside.

7. To the contrary, learned senior counsel appearing on behalf of decree holder submitted that the grounds on which the preset review petition has been preferred is beyond the scope of Order XLVII Rule 1 CPC. Learned senior counsel submitted that this Court after examination of the facts, recorded its satisfaction to invoke Order XXI Rule 22(2) CPC and only thereafter, issued the directions in dispute.

8. Learned senior counsel submitted that the execution petition was filed on 11.05.2021 and advance copy thereof along with documents was se