The Calcutta High Court considered the applicability of a ...

Applicability of U.S. Bankruptcy Court moratorium in India. High Court upholds principles of Comity of Nations.

Case Laws     Insolvency and Bankruptcy

June 3, 2024

The Calcutta High Court considered the applicability of a moratorium order from the U.S. Bankruptcy Court in India, focusing on principles of Comity of Nations and Courts. The Court held that while the inherent power of the Court was invoked for stay of the suit, the suit did not fall under insolvency categories covered by the U.S. Chapter 11 cases. Referring to a previous case, the Court emphasized that the suit could continue as it did not involve claims under Chapter 11. The Court recognized the principle of Comity of Nations and Courts but noted that the U.S. moratorium order did not supersede the management, allowing them to contest the suit. The revisional application was dismissed.

View Source