In the said suit, the appellant defendant filed an application challenging the jurisdiction of the English Court.
When the respondents filed a petition for execution in India, the appellant opposed it in an application on the ground that the order of English Court is number executable.
Nothing further was required to be done insofar as companysideration of the application of the appellant challenging the jurisdiction of the English Court is companycerned.
The appellant made following submissions assailing the Judgment of the Courts below An interlocutory Order of English Court with respect to its own jurisdiction with or without a direction for payment of companyts does number amount to a judgment on merits of the case and is therefore number companyclusive under Section 13 b of the Civil Procedure Code CPC for short .
Hence the appellant is before us by way of this appeal.
The facts in nutshell are that the respondents herein filed a Suit against the appellant before the English Court for infringement of patent vested in the respondents besides other reliefs.
Thereafter it appears that the appellant agreed to pay the companyts and sought for some time.
Without prejudice to the aforesaid, the part of the order of the English Court relating to the payment of interest on companyts should number be executed in view of the deletion of the erstwhile Section 35 3 of the CPC.
The Respondents have responded in the following manner.
In that application, the reliefs sought by the appellant include the relief that the respondentsoriginal claimants have to pay the companyts to the appellant occasioned by filing the application to be summarily assessed.
The executing Court dismissed the same which was companyfirmed by the High Court.
1 Admittedly the English Court passed an order dated 19th October, 2006 dismissing the application passed by the appellant questioning the jurisdiction of the Court.
The English Court by its Order dated 19th October, 2006 dismissed the claim of the appellant and further directed it to pay the companyts of application to the respondentsoriginal claimants set at 12,229.75.
In the alternative, the Order of the English Court in the present case does number amount to decree under Explanation 2 to Section 44A of the CPC.
V. RAMANA, J. In this appeal by special leave, the appellantjudgment debtor assails the impugned judgment dated 8th April, 2013 passed by the High Court of Bombay in Civil Revision Application No.
680 of 2011, whereby the High Court has dismissed the application filed by the appellant seeking declaration that the Judgment and Order dated 19th October, 2006 passed by the High Court of Justice, Chancery Division, Patents Court, England hereinafter referred to as the English Court is number executable before the District Court at Nasik, by companyfirming the order dated 15th April, 2011 passed by the District Judge 2, Nasik.
