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ARTICLE · 30 OCTOBER 2019

Ex-Parte Foreign Decree (Which Is Pending Execution In India) Does Not Constitute Debt Under IBC Unless Payable Under Indian Law

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The NCLAT, in its decision dated July 3, 2019,[1] has held that a foreign decree which was pending execution in India has not yet crystallized into "debt payable in law"

IndiaFinance and Banking

The NCLAT, in its decision dated July 3, 2019,1 has held that a foreign decree which was pending execution in India has not yet crystallized into "debt payable in law" and, therefore, the foreign decree holder could not rely on such a decree (which was passed ex-parte for default of appearance of the corporate debtor) for initiating proceedings under the IBC.

Footnote

1 Peter Johnson John v. KEC Industries Limited, Company Appeal (AT) (Insolvency) No. 188 of 2019 (NCLAT).

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