https://www.taxtmi.com/caselaws?id=443846 A foreign commercial decree based on a guarantee choosing English law and English courts was treated as enforceable in India because the foreign court applied its mind to the evidence, gave reasoned findings, and the objections raised did not bring the case within the exceptions to Section 13 CPC. The court also noted that a breach of FEMA does not by itself void the transaction and that post-facto approval may be obtained. On the insolvency issue, the interim moratorium plea was rejected because the party knew of the personal insolvency proceedings yet continued litigating without timely invoking the moratorium, and its inconsistent conduct amounted to waiver. en-us Fri, 22 Sep 2023 00:00:00 +0530 Wed, 04 Oct 2023 17:02:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=443846 A foreign commercial decree based on a guarantee choosing English law and English courts was treated as enforceable in India because the foreign court applied its mind to the evidence, gave reasoned findings, and the objections raised did not bring the case within the exceptions to Section 13 CPC. The court also noted that a breach of FEMA does not by itself void the transaction and that post-facto approval may be obtained. On the insolvency issue, the interim moratorium plea was rejected because the party knew of the personal insolvency proceedings yet continued litigating without timely invoking the moratorium, and its inconsistent conduct amounted to waiver. Case-Laws Insolvency and Bankruptcy Fri, 22 Sep 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=443846