9911796707
TMI Blog1973 (2) TMI 132X X X X Extracts X X X X X X X X Extracts X X X X ..... udge, Devakottai, for execution. The appellants before us who are the judgment-debtors raised various objections to the above said application filed by the decree-holder. The learned District Judge Ramnad, overruled all the objections and ultimately by his order dated 11-7-1969 ordered transmission of the above said foreign decree to the Court of the Subordinate Judge, Devakottai. Now, the judgment-debtors in this civil miscellaneous appeal have raised various contentions. However, the learned counsel for the judgment-debtors-appellants raised only one contention before us and that is that the decree-holder was debarred in filing the application before the District Judge, Ramnad, under the provisions of the Foreign Exchange Regulation Act. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be taken for the purpose of enforcing any judgment or order for the payment of any sum to which the said provisions apply except as respects so much thereof as the Central Government or the Reserve Bank, as the case may be, may permit to be paid; and......... The contention of the learned counsel for the judgment-debtors-appellants is that reading Sections 5 and 21 of the Act, though a suit for money may be filed in any Court in India by a resident outside India without obtaining the previous permission of the Reserve Bank or the Central Government, as the case may be, no execution can be levied by such foreigner before obtaining such permission. On the contrary, the learned counsel for the decree-holder-respondent contends that the pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sum to which the said provisions apply. The learned counsel for the decree-holder contends that sub-clause (b) would apply only to cases where the decree holder prays for payment out and not to execution petitions themselves. The learned counsel is not right. The words 'any judgment or order for the payment of any sum' have to be read together. The words 'for the payment of any sum' qualify the words 'any judgment or order.' The sub-section specifically says that no steps shall be taken for the purpose of enforcing such judgment, viz., a judgment for the payment of any sum. Undoubtedly, the judgment in question is one for payment of money and the decree-holder is a resident outside India. No steps shall be taken for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion whether the decree-holder who is a resident outside India can enforce the judgment before obtaining the necessary permission of the Reserve Bank as per the provisions of the Act. As we said earlier, we are quite clear that though a resident outside India can file a suit for recovery of money without the prior permission of the Reserve Bank or the Central Government, as the case may be, he should necessarily obtain such permission before levying execution for the recovery of the money. 3. Even so, the judgment-debtor-appellants cannot get any relief as far as the present civil miscellaneous appeal is concerned. The order appealed against is one under Section 44-A, Civil P. C. for receiving the foreign judgment and transmitting the sam ..... X X X X Extracts X X X X X X X X Extracts X X X X
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