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    <title>2023 (11) TMI 315 - MADRAS HIGH COURT</title>
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    <description>Inclusive definitions of &quot;creditor&quot;, &quot;debt&quot; and &quot;debtor&quot; in the Presidency Towns Insolvency Act, 1909 were held to extend beyond a narrow judgment-debt meaning, so an adjudication penalty under the Foreign Exchange Regulation Act, 1973 could constitute an enforceable debt. The expression &quot;decree or order&quot; in Section 9(2) was not confined to civil court orders and could include a competent statutory adjudication made after due process. However, an insolvency notice failed because the underlying penalty order had not attained finality when the notice was issued and the appeal was still pending. Recovery of the Central Government&#039;s dues through the Tamil Nadu Revenue Recovery Act, 1864 was also held not competent.</description>
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      <description>Inclusive definitions of &quot;creditor&quot;, &quot;debt&quot; and &quot;debtor&quot; in the Presidency Towns Insolvency Act, 1909 were held to extend beyond a narrow judgment-debt meaning, so an adjudication penalty under the Foreign Exchange Regulation Act, 1973 could constitute an enforceable debt. The expression &quot;decree or order&quot; in Section 9(2) was not confined to civil court orders and could include a competent statutory adjudication made after due process. However, an insolvency notice failed because the underlying penalty order had not attained finality when the notice was issued and the appeal was still pending. Recovery of the Central Government&#039;s dues through the Tamil Nadu Revenue Recovery Act, 1864 was also held not competent.</description>
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