https://www.taxtmi.com/caselaws?id=314343 The Delhi HC rejected an application under Order VII Rule 11 CPC seeking dismissal of a suit filed by a Japanese bankruptcy trustee to administer assets of a bankrupt defendant in India. The court held the suit was maintainable as a commercial dispute under the Commercial Courts Act, as it concerned administration of assets following loan default, regardless of properties being residential. The court found the Japanese bankruptcy judgment conclusive under Section 13 CPC, noting no exceptions applied and the trustee had proper locus standi. The court rejected arguments regarding non-reciprocating territory under Section 44A CPC, as this was not a decree execution case. Indian limitation law applied, making the suit timely filed. Additional Japanese documents were permitted to be filed on record. en-us Tue, 26 Apr 2022 00:00:00 +0530 Sat, 01 Jun 2024 15:28:27 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=314343 The Delhi HC rejected an application under Order VII Rule 11 CPC seeking dismissal of a suit filed by a Japanese bankruptcy trustee to administer assets of a bankrupt defendant in India. The court held the suit was maintainable as a commercial dispute under the Commercial Courts Act, as it concerned administration of assets following loan default, regardless of properties being residential. The court found the Japanese bankruptcy judgment conclusive under Section 13 CPC, noting no exceptions applied and the trustee had proper locus standi. The court rejected arguments regarding non-reciprocating territory under Section 44A CPC, as this was not a decree execution case. Indian limitation law applied, making the suit timely filed. Additional Japanese documents were permitted to be filed on record. Case-Laws Indian Laws Tue, 26 Apr 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=314343