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Kadheeja Kalladi Puthanpurayil, Represented by Power of Attorney holder K.P. Mayan & Another v/s Mohammed Nazir Abdul Aziz


Company & Directors' Information:- U. P. POWER CORPORATION LIMITED [Active] CIN = U32201UP1999SGC024928

Company & Directors' Information:- D B POWER LIMITED [Active] CIN = U40109MP2006PLC019008

Company & Directors' Information:- INDIA POWER CORPORATION LIMITED [Active] CIN = L40105WB1919PLC003263

Company & Directors' Information:- INDIA POWER CORPORATION LIMITED [Amalgamated] CIN = U40101WB2003PLC097340

Company & Directors' Information:- B L A POWER PRIVATE LIMITED [Active] CIN = U40102MH2006PTC165430

Company & Directors' Information:- L V S POWER PRIVATE LIMITED [Active] CIN = U40100TG1996PTC023552

Company & Directors' Information:- S L S POWER CORPORATION LIMITED [Active] CIN = U40109AP2005PLC047008

Company & Directors' Information:- S L V POWER PRIVATE LIMITED [Active] CIN = U40102KA2002PTC030448

Company & Directors' Information:- S. E. POWER LIMITED [Active] CIN = L40106GJ2010PLC091880

Company & Directors' Information:- E O S POWER INDIA PRIVATE LIMITED [Active] CIN = U32109MH1985PTC037094

Company & Directors' Information:- D C POWER LIMITED [Strike Off] CIN = U40109TG1996PLC025996

Company & Directors' Information:- POWER CORPORATION OF INDIA LIMITED [Amalgamated] CIN = U50101WB1997PLC084060

Company & Directors' Information:- B V POWER PRIVATE LIMITED [Active] CIN = U40106DL2011PTC213428

Company & Directors' Information:- R AND H POWER COMPANY PRIVATE LIMITED [Active] CIN = U51109UP1965PTC003067

Company & Directors' Information:- B R POWER LTD [Active] CIN = U40106WB1995PLC073567

Company & Directors' Information:- N M S POWER PRIVATE LIMITED [Active] CIN = U51109WB1999PTC089747

Company & Directors' Information:- P R B POWER PRIVATE LIMITED [Strike Off] CIN = U40101TG1995PTC020647

Company & Directors' Information:- S V G POWER PRIVATE LIMITED [Active] CIN = U40300AP2012PTC084435

Company & Directors' Information:- INDIA POWER PRIVATE LIMITED [Active] CIN = U31900DL1995PTC070096

Company & Directors' Information:- M POWER INDIA PRIVATE LIMITED [Active] CIN = U31908MH2012PTC234343

Company & Directors' Information:- A N S INDIA POWER PRIVATE LIMITED [Active] CIN = U51101DL2014PTC266873

Company & Directors' Information:- M M K POWER PRIVATE LIMITED [Strike Off] CIN = U40106AP1998PTC030796

Company & Directors' Information:- C R E M POWER PRIVATE LIMITED [Strike Off] CIN = U40101DL2001PTC111631

Company & Directors' Information:- D T POWER PRIVATE LIMITED [Strike Off] CIN = U40300AP2015PTC097226

Company & Directors' Information:- O L G POWER P LTD [Active] CIN = U30007TN1991PTC020898

Company & Directors' Information:- G S POWER LIMITED [Strike Off] CIN = U40102KA2010PLC054033

Company & Directors' Information:- POWER AND POWER PVT LTD [Active] CIN = U31300AS1989PTC003282

Company & Directors' Information:- P D M POWER PRIVATE LIMITED [Active] CIN = U40104AS2014PTC011780

Company & Directors' Information:- S B S POWER PRIVATE LIMITED [Strike Off] CIN = U40100AP2012PTC083965

Company & Directors' Information:- B & G POWER LIMITED [Active] CIN = U40105PB2010PLC033765

Company & Directors' Information:- S POWER PRIVATE LIMITED [Active] CIN = U19202DL1986PTC026505

Company & Directors' Information:- G M POWER PRIVATE LIMITED [Strike Off] CIN = U40105PN2003PTC017857

Company & Directors' Information:- POWER INDIA PVT LTD [Strike Off] CIN = U31102WB1983PTC036315

Company & Directors' Information:- S AND S POWER PRIVATE LIMITED [Active] CIN = U40109PY2004PTC001824

Company & Directors' Information:- U S POWER PRIVATE LIMITED [Under Process of Striking Off] CIN = U40103MH2009PTC189364

Company & Directors' Information:- K P M POWER PRIVATE LIMITED [Strike Off] CIN = U40102KA2008PTC046804

Company & Directors' Information:- AZIZ COMPANY PRIVATE LIMITED [Liquidated] CIN = U93090TN1955PTC000061

Company & Directors' Information:- POWER-X PRIVATE LIMITED [Strike Off] CIN = U99999DL1970PTC005331

Company & Directors' Information:- S K POWER INDIA PRIVATE LIMITED [Strike Off] CIN = U31101KA2006PTC039172

Company & Directors' Information:- R G D POWER PRIVATE LIMITED [Strike Off] CIN = U41000TG1996PTC023809

Company & Directors' Information:- M M R POWER PRIVATE LIMITED [Active] CIN = U31104DL2008PTC174079

Company & Directors' Information:- S J POWER PRIVATE LIMITED [Strike Off] CIN = U45207HR2012PTC045937

Company & Directors' Information:- T C POWER PRIVATE LIMITED [Strike Off] CIN = U40101PB2009PTC033405

Company & Directors' Information:- H. & T. POWER PRIVATE LIMITED [Active] CIN = U40106MH2016PTC287646

Company & Directors' Information:- S & O POWER PRIVATE LIMITED [Active] CIN = U40107MH2010PTC206447

Company & Directors' Information:- V D M-POWER PRIVATE LIMITED [Active] CIN = U74999MH2015PTC262999

Company & Directors' Information:- A C R POWER PRIVATE LIMITED [Strike Off] CIN = U74900UP2010PTC040987

Company & Directors' Information:- W N POWER PRIVATE LIMITED [Strike Off] CIN = U40101JK2013PTC004009

Company & Directors' Information:- C K S POWER PRIVATE LIMITED [Strike Off] CIN = U40101KA2010PTC052199

Company & Directors' Information:- G C I POWER PRIVATE LIMITED [Active] CIN = U40107KA2010PTC053656

Company & Directors' Information:- R. C. POWER PRIVATE LIMITED [Strike Off] CIN = U40100GJ2009PTC058005

Company & Directors' Information:- J R J POWER PRIVATE LIMITED [Active] CIN = U40300GJ2015PTC082396

Company & Directors' Information:- D V N POWER PRIVATE LIMITED [Strike Off] CIN = U40101TG2007PTC053069

Company & Directors' Information:- A. R. POWER PRIVATE LIMITED [Strike Off] CIN = U74999DL2007PTC161616

    OP (FC). No. 140 of 2021

    Decided On, 31 March 2021

    At, High Court of Kerala

    By, THE HONOURABLE MR. JUSTICE A. MUHAMED MUSTAQUE & THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

    For the Petitioners: K.B. Gangesh, Smitha Chathanarambath, Athira A. Menon, Amal S. Kumar, Advocates. For the Respondent: -----



Judgment Text

A. Muhamed Mustaque, J.1. The petitioners are the decree holders of a decree passed by the Court in UAE. The decree was obtained on 19.09.2018. The Central Government issued a notification on 17.01.2020 in exercise of the power conferred by Explanation 1 to Section 44A of the Code of Civil Procedure, 1908. By virtue of this notification, the decree obtained from UAE has become executable in India.2. The petitioners filed execution petition before the Family Court, Thrissur. The Family Court placing reliance on the judgment of the learned Single Judge of this Court in Manoj Moolekkudi Subramanyan v. Rajesh Palliparambil Ravi [2020 (6) KHC 87] dismissed the execution petition holding that it is not maintainable. The learned Single Judge in Manoj Moolekkudi Subramanyan's case (supra) held that notification dated 17.01.2020 is having only prospective application and it has no retrospective effect. The decree of the UAE Court in this case admittedly was prior to the date of notification and therefore, the Family Court was of the view that no execution petition would lie to execute a decree of UAE Court passed prior to the notification.3. India and UAE entered into a bilateral agreement on 25.10.1999 for judicial co-operation. It is pursuant to such agreement, the Central Government issued notification dated 17.01.2020. This agreement recognizes the execution of the decree of both the countries as though it is a domestic decree.4. The notification issued by the Central Government dated 17.01.2020 is a declaratory notification. It is the settled principle of law that the declaratory statute or notification would operate retrospectively unless the contrary is expressed in the statute or notification. Craies on Statute Law (Seventh Edition) states as follows:“For modern purposes a declaratory Act may be defined as an Act to remove doubts existing as to the common law, or the meaning or effect of any statute. Such Acts are usually held to be retrospective.”In Maxwell Interpretation of Statutes (Eight Edition), page 196, it is stated as follows:“...If a statute is in its nature a declaratory Act, the argument that it must not be construed so as to take away previous rights is not applicable...”5. In Fazal Begum v. Hakim Ali [AIR 1941 Lah 22] the High Court of Lahore opined, after referring to Craies on Statute Law and Maxwell Interpretation of Statutes, that the declaratory statute has retrospective effect. The Apex Court in Zile Singh v. State of Haryana and Others [(2004) SCC 1] held that presumption against retrospective operation is not applicable to declarative statute. The similar view was followed by the Apex Court in Commissioner of Income Tax 1, Ahmedabad v. Gold Coin Health Food Private Limited [(2008) 9 SCC 622] and in State of Bihar and Others v. Ramesh Prasad Verma (Dead) through Legal Representatives [(2017) 5 SCC 665].6. The notification issued by the Central Government is in the nature of declaration that UAE is a reciprocating territory for the purpose of Section 44A of the Code of Civil Procedure. Such a declaration is issued in the light of the power conferred under explanation 1 to Section 44A. The reciprocity is relatable to the bilateral agreement entered into between India and UAE on 25.10.1999. The declaration as above is a matter that is covered by the agreement. The declaration always need to be construed with reference to something in existence. That be so, it must be related to the agreement. We are in such circumstances of the view that the decree of UAE court covered by notification issued on or after 2

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5.10.1999 can be executed in Indian Courts. We hold that contrary view taken by the learned Single Judge of this Court in Manoj Moolekkudi Subramanyan's case (supra) is not a correct finding of law. Accordingly, the impugned order is set aside. The execution petition is restored to the file. The parties are directed to appear before the Family Court on 20.05.2021.The original petition is allowed.
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