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(b) where it has not been given on the merits of the case;
(c) where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognise the law of India in cases in which such law is applicable;
(d) where the proceedings in which the judgment was obtained are opposed to natural justice;
(e) where it has been obtained by fraud;
(f) where it sustains a claim founded on a breach of any law in force in India.

9. It has been contended by the learned Counsel for the plaintiffs that under Section 13(b) where judgment is not delivered on merits of the case then the said judgment is not enforceable in this country and therefore in fact the suit itself must fail. In support of the aforesaid contention the learned Counsel for the defendants has contended that admittedly judgment is a default judgment. It has been contended that under settlement agreement the said Silverline Technologies Ltd. was required to carry out certain acts on or before the closing date and on failure to do so judgment will be been entered by the District Judge, Southern District of New York in United States. It has been thus contended that such default judgment is not a judgment on merits and therefore this Court must refuse to grant any relief in the present application because the suit itself is not maintainable. On the basis of such foreign judgment he submitted that no decree can be passed. In support of the aforesaid contention, the learned Counsel for defendants has drawn my attention to the Judgment of the Apex Court in the case of International Woollen Mills v. Standard Wool (U.K.) Ltd. . He has also drawn my attention to my own judgment in the case of Islamic Investment Company for the Gulf (Bahamas) Ltd. v. Symphony Gems N. V. and others and Vijay K. Mehta and it has been contended that in the light of the judgment of the Apex Court in the case of International Woollen Mills v. Standard Wool (UK) Ltd. (supra) this Court cannot pass a decree in respect of judgment which is entered without going into the trial and leading evidence between the parties. It has been contended that a default judgment is not judgment on merits. Even if it is by consent of the parties and thus, this Court cannot enforce such a judgment. He has brought to my notice my own judgment in the case of Islamic Investment Company (supra) which has been referred to the Division Bench by me in respect of an issue i.e. whether a summary judgment is one on merits and thus enforceable or not? It has been contended in the light of the aforesaid position in law this Court should not pass any decree and notice of motion should be dismissed.