N.V.RAMANA,J. - (1.) In this appeal by special leave, the appellant--judgment 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 19 th October, 2006 passed by the High Court of Justice, Chancery Division, Patents Court, England (hereinafter referred to as 'the English Court') is not executable before the District Court at Nasik, by confirming the order dated 15 th April, 2011 passed by the District Judge-2, Nasik.
(2.) 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. In the said suit, the appellant-defendant filed an application challenging the jurisdiction of the English Court. In that application, the reliefs sought by the appellant include the relief that the respondents--original claimants have to pay the costs to the appellant occasioned by filing the application to be summarily assessed. The English Court by its Order dated 19 th October, 2006 dismissed the claim of the appellant and further directed it to pay the costs of application to the respondents--original claimants set at £ 12,229.75. Thereafter it appears that the appellant agreed to pay the costs and sought for some time. 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 not executable. The executing Court dismissed the same which was confirmed by the High Court. Hence the appellant is before us by way of this appeal.
(3.) The appellant made following submissions assailing the Judgment of the Courts below- a. An interlocutory Order of English Court with respect to its own jurisdiction (with or without a direction for payment of costs) does not amount to a judgment 'on merits of the case' and is therefore not conclusive under Section 13(b) of the Civil Procedure Code (CPC for short). b. In the alternative, the Order of the English Court in the present case does not amount to 'decree' under Explanation 2 to Section 44A of the CPC. c. Without prejudice to the aforesaid, the part of the order of the English Court relating to the payment of interest on costs should not be executed in view of the deletion of the erstwhile Section 35(3) of the CPC. ;