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    <title>2019 (1) TMI 454 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI</title>
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    <description>In insolvency proceedings under the Insolvency and Bankruptcy Code, the Adjudicating Authority cannot examine the legality, enforceability, or propriety of a foreign judgment or decree, as that question lies beyond its jurisdiction. The document also states that a money claim based on a foreign decree and related commercial arrangements does not become an operational debt unless it arises from the supply of goods or services. On that basis, the claimants were not operational creditors and a Section 9 application was not maintainable. The stated result is that the jurisdictional objection succeeded, but the maintainability challenge on operational debt was rejected.</description>
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    <pubDate>Fri, 30 Nov 2018 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=373289</link>
      <description>In insolvency proceedings under the Insolvency and Bankruptcy Code, the Adjudicating Authority cannot examine the legality, enforceability, or propriety of a foreign judgment or decree, as that question lies beyond its jurisdiction. The document also states that a money claim based on a foreign decree and related commercial arrangements does not become an operational debt unless it arises from the supply of goods or services. On that basis, the claimants were not operational creditors and a Section 9 application was not maintainable. The stated result is that the jurisdictional objection succeeded, but the maintainability challenge on operational debt was rejected.</description>
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