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BOMBAY HIGH COURT
Judge, J
Algemene Bank Nederland NV v. Satish Dayalal Choksi
| Table of Content |
|---|
| 1. details of the decree against the defendant. (Para 1 , 2 , 3 , 4) |
| 2. contest over the enforcement of the decree under indian law. (Para 11 , 12 , 30) |
| 3. nature of judgment and its validity on merits. (Para 19 , 20 , 28) |
| 4. court's final ruling on the execution application. (Para 38 , 39) |
1. This is a notice under Order XXI R.22 of the Code of Civil Procedure for leave to execute against the defendant in Bombay a decree of the Supreme Court of Hong Kong obtained by the plaintiff - applicant against the defendant.
2. The plaintiff - Bank in Hong Kong had ,dealings with one M/s. Madhusudan and Co. Ltd. To secure the amounts advanced by the plaintiff - Bank to the Company, the brothers of the defendant who were directors of the Company, gave personal guarantees, in or about 7th April 1975, to the plaintiff - Bank at Hong Kong. According to the plaintiff - Bank, the defendant had also executed in favour of the plaintiff - Bank a personal guarantee for repayment of the Company's debts on or about 7th April 1975.
3. In November 1984, as Madhusudan and Co. Ltd. was unable to discharge its liabilities to the plaintiff - Bank, the plaintiff - Bank filed a suit against Mudhusu
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