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Both the parties are given liberty to file written submissions on all issues not exceeding five pages. Let written submissions be filed within ten days.

List in the category of 'Final Matters' in the week commencing 1st July 2013 amongst first five items. Interim order to continue."

19. The first objection of the JD pertains to the jurisdiction of this Court to entertain the present execution petition. The submission of the JD is that Section 44A CPC mandatorily requires presentation before the District Court of the execution petition by the DH of a foreign judgment and that this Court cannot for that purpose be considered to be a 'District Court'. Reliance is placed on the judgment in Shamarao V. Parulekar v. District Magistrate, Thana, Bombay AIR 1952 SC 324 to urge that the decree passed by the foreign court would be deemed to be passed by the District Court. It is further submitted that unlike Section 39 CPC, Section 44A does not speak about the competence of the transferee court executing a decree to itself pass a decree. Thus, it is argued that there is a distinction between the law governing execution of domestic decrees and that governing the execution of foreign decrees. Reference is made to the judgment of the Supreme Court in MV Al Quamar v. Tsavliris Salvage (International) Ltd. AIR 2000 SC 2826 (hereafter the 'Al Quamar case').