Case Law Details
Oshiaki Aiba as the Bankruptcy Trustee of the Estate of Vipan Kumar Sharma Vs. Vipan Kumar Sharma & Anr. (Delhi High Court)
Judgments passed by the foreign courts have to be respected by the Indian Courts, unless the same are shown to be falling under the limited exceptions provided in Section 13 of the CPC. The Plaintiff, being the Bankruptcy Trustee appointed by the Japanese court, is seeking the assistance of the courts in India, to administer assets of defendant no. 1 in India. There is no reason why a person who has been declared bankrupt by a foreign court in terms of the law applicable to that jurisdiction, should be afforded protection by the Indian Courts on technical objections being raised with regard to the validity of the foreign judgment. In the modern times of globalization, foreign creditors cannot be treated differently from domestic creditors.
FULL TEXT OF THE JUDGMENT/ORDER OF DELHI HIGH COURT
1. The present application has been filed on behalf of the applicant/defendant no.2 under Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC) seeking rejection of the plaint.
2. Notice was issued in this application on 29th July, 2020. Pursuant thereto, reply has been filed on behalf of the non-applicant/plaintiff.
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