JUDGMENT :

N.V. Anjaria, J.

Heard learned advocate Mr. Vivek Gupta for the petitioner and learned advocate Mr. Aditya Krishnamurthy with learned advocate Mr. Harsh Parekh for the respondent, at length.

2. The challenge in the present Special Civil Application filed under Article 227 of the Constitution, is directed against order dated 4.8.2021 below application Exhibit 65 in Execution Application No.161 of 2019 passed by the Principal Senior Civil Judge, Jamnagar - the Commercial Court, whereby the prayer of the petitioner to hold that the said executing court did not have the jurisdiction to entertain and decide the execution proceedings, came to be negatived.

2.1 The respondent herein - Ultrabulk A/S is the execution petitioner and the decree-holder in whose favor the decree dated 9.11.2017 is passed by the High Court of Justice, Queen’s Bench Division of England and Wales – the Commercial Court, for a sum equivalent USD 42,59,395/- with interest.

3. The facts in the background stated in the nutshell are that the petitioner had executed irrecoverable personal guarantee on behalf of the Gujarat NRE Coke Limited. Since the said company failed to pay the dues, the suit came to be institu