ELIS JANE QUINLAN AND ORS vs NAVEEN KUMAR SETH, DIRECTOR F CANDICA INDUSTRIES

Judgment text excerpt

Neeta Sawant WP 14283 of 2023.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 14283 OF 2023 Elis Jane Quinlan and Ors. …..PETITIONERS : VERSUS : Naveen Kumar Seth, Director of Candica Industries ….RESPONDENT Mr. Shrey Fatterpekar with Mr. Aakash Shinaa i/b M/s. Juris Corp for Petitioners. Mr. Rohan Kelkar with Ms. Smruti Kanade i/b M/s. Negandhi Shah & Himayatullah for Respondent. CORAM : SANDEEP V. MARNE, J. JUDG. RESD. ON: 2 FEBRUARY 2026. JUDG. PRON. ON: 10 FEBRUARY 2026 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 _____________________________________________________________________________ PAGE NO. 1 of 32 TUESDAY, 10 FEBRUARY 2026 Neeta Sawant WP 14283 of 2023.docx appearing for the parties, the Petition is taken up for hearing and final disposal. 2) By this Petition, Petitioners have challenged Order dated 3 rd 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 iss