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    <title>2003 (11) TMI 348 - HIGH COURT OF GAUHATI</title>
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    <description>A foreign decree may be treated as a debt capable of supporting a winding up petition where the decretal liability is not genuinely disputed and execution is not the creditor&#039;s only remedy. The decree was regarded as conclusive under section 13 of the Code of Civil Procedure because the foreign court had jurisdiction and adjudicated the claim on consideration of the evidence, even though the defendant did not fully participate. The decree was also not impeached as contrary to section 73 of the Indian Contract Act, since the damages were treated as flowing from direct and proximate loss. On that basis, the objections failed and the winding up petition was admitted for advertisement.</description>
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    <pubDate>Tue, 18 Nov 2003 00:00:00 +0530</pubDate>
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      <title>2003 (11) TMI 348 - HIGH COURT OF GAUHATI</title>
      <link>https://www.taxtmi.com/caselaws?id=109494</link>
      <description>A foreign decree may be treated as a debt capable of supporting a winding up petition where the decretal liability is not genuinely disputed and execution is not the creditor&#039;s only remedy. The decree was regarded as conclusive under section 13 of the Code of Civil Procedure because the foreign court had jurisdiction and adjudicated the claim on consideration of the evidence, even though the defendant did not fully participate. The decree was also not impeached as contrary to section 73 of the Indian Contract Act, since the damages were treated as flowing from direct and proximate loss. On that basis, the objections failed and the winding up petition was admitted for advertisement.</description>
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      <pubDate>Tue, 18 Nov 2003 00:00:00 +0530</pubDate>
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