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2017 Supreme(Ker) 41

P.SOMARAJAN
Super General Company – Appellant
Versus
Suresh Thonikkadavu Veedu Proprietor of Al Sinam Electrical Devices Trading – Respondent


Advocates Appeared:
For the Petitioner: Sri. Saji Mathew, Sri. Denu Joseph, Smt. Neethu Reghukumar
For the Respondent: Sri. D. Krishna Prasad, Smt. S. Santhy, Smt. Mini V. Menon, Sri. P. Vishnu Prasad

ORDER :

P. Somarajan, J.

This revision by the petitioner is against the order dated 16.11.2016 in E.P.No.35 of 2014 passed by the District Court, Kasaragod. A foreign judgment alleged to have been passed by a three Judge Bench of Sharjah Federal Court of first instance in favour of the petitioner granting recovery of money against the respondent put in execution. The District Judge, on consideration of Ext.B1 passport and after hearing both the parties, found that the counter petitioner/judgment debtor was not in Sharjah at the time when the proceedings were initiated as well as at the time when the judgment was pronounced and that no opportunity was given to the counter petitioner to submit his case and no notice was also served on him regarding the proceedings initiated. Consequently, the execution petition was dismissed by virtue of the impugned order dated 16.11.2016.

2. Heard Sri. Saji Mathew, learned counsel appearing for the petitioner and Sri. D. Krishna Prasad, learned counsel appearing for the respondent.

3. The enforceability of a foreign judgment/decree within the territory of India and the Court established within its territory are governed by Sections 13, 14 and 44A of th














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