Attachment of foreign comany property from Indian courts-reg
R.K.MURARKA
(Querist) 15 August 2009
This query is : Resolved
I have got a decree against two persons.One is Indian company and another is foreign company and their directors are residing at Ahemdabad. Can a court can issue arrest warrant against the foreign company in India.Whether we can arrest the director of the company and bring to India. What is the procedure to be adopted. The Indian company had got the stay in first appeal and hence canot take any actin.Await your guidance
Y V Vishweshwar Rao
(Expert) 16 August 2009
The Proerties /assets of Foreign Comapny situated in India and its direcotors residign in India can be attached& Arrested by indian Courts
If he Proerties are situated in Other Country & Direcotrs are residing in other Country ;-
Under C P C -
Sec 77 Letter of Request ;-
Sec 78 (C) Commissions / orders issued by Foreign Courts will be executed by Indian courts - in the same Way the other Country , if entered in to an Agreement with Union of India , shall comply with the Indian Court orders for attachemtn and sale of the Proerties of that Company situated in their country , and examine & arrest the direcotors who are residign in their Country , for recovey under Indian Court Decree
Kamal Grover
(Expert) 16 August 2009
First of all you have to findout whether there is a treaty of that country with our country or not.
If yes then you can serve your any notice under section 293 of CPC alongwith section 77 and 78(c) of CPC.
Your further clarification is welcome at nominal fee at;
adv.kamal.grover@gmail.com
Advocate
M:09814110005
PB. & HRY. HIGH COURT CHANDIGARH (INDIA)
With Regards
