Hearing a chamber summons filed by Messrs Dallah Albaraka Investment Co Ltd, a corporate body existing under the laws of United Kingdom, Justice FI Rebello, in July last, had allowed the execution of the decree against Bachchan brothers under Section 13 read with Section 44A of civil procedure code.

The firm had also annexed a certificate from the Master of Queen's bench division of the Supreme Court of England and Wales which stated that a decree for $14,57,230 plus interest remained outstanding from Amitabh and Ajitabh who had borrowed a sum of $16,09,135 for business purpose. Being aggreived, the appellants moved a division bench of the high court comprising Chief Justice YK Sabrahwal and Justice Ranjana Desai which dismissed their plea at the admission stage itself after hearing the parties at length.

Counsel for appellants, GL Sanghi, opposed the firm's claim saying that the consent given (on the basis of which the decree was passed) was not a free consent. Besides, he argued, that the decree was not on merits and violated Foreign Exchange Regulation Act (Fera).

The court disagreed with the Bachchans that the decree was not based on free consent and that it was not binding on them because it violated the principles of natural justice.

The bench also refused to stay its order to enable the Bachchans move the Supreme Court in appeal. The bench upheld the order of Justice Rebello who had observed, "If the consent was not a free one it could not be said that the judgement was obtained by fraud.

The very fact that the judgement debtors did not challenge the verdict and on the contrary made partial payments towards satisfaction of the decree, must negate this contention of the free consent."

The court also rejected the plea of Bachchans that the permission of the Reserve Bank of India was needed to execute the decree. The decree holders had produced a letter wherein the apex bank had informed that that plea for the remittance would be considered after the orders were received from an Indian court for execution of the decree.