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    <title>2026 (4) TMI 535 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL PRINCIPAL BENCH, NEW DELHI</title>
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    <description>Section 2(42) of the Companies Act, 2013 treats a company incorporated outside India as a foreign company if it has a place of business in India, including through electronic mode, or conducts business activity in India in any other manner. The Tribunal noted that the materials raised disputed questions of fact on whether the appellants had such a presence or activity, and those documents had not been fully examined by the NCLT. The maintainability and jurisdiction issue was therefore remanded for fresh determination, with both sides permitted to file and rebut documentary evidence.</description>
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      <description>Section 2(42) of the Companies Act, 2013 treats a company incorporated outside India as a foreign company if it has a place of business in India, including through electronic mode, or conducts business activity in India in any other manner. The Tribunal noted that the materials raised disputed questions of fact on whether the appellants had such a presence or activity, and those documents had not been fully examined by the NCLT. The maintainability and jurisdiction issue was therefore remanded for fresh determination, with both sides permitted to file and rebut documentary evidence.</description>
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