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2026 Supreme(Online)(Bom) 395

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V. MARNE, J
Elis Jane Quinlan and Ors. – Appellant
Versus
Naveen Kumar Seth, Director of Candica Industries – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Shrey Fatterpekar with Mr. Aakash Shinaa i/b M/s. Juris Corp
For the Respondent: Mr. Rohan Kelkar with Ms. Smruti Kanade i/b M/s. Negandhi Shah & Himayatullah

JUDGMENT

1) Rule. Rule made returnable forthwith. Since the pleadings in the Petition are complete, the parties have requested for final hearing of the Petition. Accordingly, with the consent of the learned counsel appearing for the parties, the Petition is taken up for hearing and final disposal.

2) By this Petition, Petitioners have challenged Order dated 3rd November 2022 passed by the District Judge, Pune allowing application at Exhibit 20 filed by the Respondent-Judgment Debtor and framing issues with further liberty to the parties to lead evidence thereon.

3) Petitioner is a foreign Decree Holder and has filed execution proceedings for execution of the decree passed by Fujairah Civil Court, United Arab Emirates (UAE). According to the Petitioner, Fujairah Civil Court, UAE is notified by Government of India as reciprocating territory within the meaning of Section 44A of the Code of Civil Procedure, 1908 (Code) and that therefore the decree can be executed as if it is a domestic decree under Section 47 of the Code. Petitioners are accordingly aggrieved by the Court’s directions for framing of issues and for liberty to the parties to lead evidence.

4) Facts of the case as pleaded

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