https://www.taxtmi.com/caselaws?id=245267 A foreign default judgment from a non-reciprocating territory does not, by itself, create a legally recoverable debt in India. It must satisfy Section 13 of the Code of Civil Procedure, 1908, and may need to be enforced through a suit on the foreign judgment or on the underlying cause of action. A winding up petition cannot be used to bypass that requirement, because an untested ex parte decree without adjudication on the merits is not conclusive for the purpose of Sections 433 and 434 of the Companies Act, 1956. The creditor may still proceed on the original cause of action, but not on the foreign decree alone. en-us Wed, 05 Mar 2014 00:00:00 +0530 Tue, 25 Mar 2014 08:53:21 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=245267 A foreign default judgment from a non-reciprocating territory does not, by itself, create a legally recoverable debt in India. It must satisfy Section 13 of the Code of Civil Procedure, 1908, and may need to be enforced through a suit on the foreign judgment or on the underlying cause of action. A winding up petition cannot be used to bypass that requirement, because an untested ex parte decree without adjudication on the merits is not conclusive for the purpose of Sections 433 and 434 of the Companies Act, 1956. The creditor may still proceed on the original cause of action, but not on the foreign decree alone. Case-Laws Companies Law Wed, 05 Mar 2014 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=245267