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Indian Company (having office abroad) cheated me outside India


02-May-2023 (In Criminal Law)
A couple of years I was working abroad. An Indian company registered with ROC/Ministry of Corporate Affairs had a office at my place of work in Abroad. The office was typically a branch office of the Indian Company, marketing their Indian Products. They made false promises of good returns and made me invest a large amount of money in the company in the foreign currency at abroad. After that they failed to oblige with their terms and conditions. They have issued me cheques in the local currency abroad which bounced back. After that I initiated legal action against the company abroad ,so fearing complications they winded up from there. Now I am back in India. They still continue to operate from their Indian office successfully. I already have court Judgments issued against them ( imprisonment and fine) from the country where all these things happened. Is it possible that I take action against them in India to recover my debt which was basically formulated abroad.
Answers (3)

Answer #1
564 votes
If you have a money decree then you can execute it here but for criminal punishment you do not have remedy here.If you claim is within three years then you can go for recovery. Or file winding up in India.
Answer #2
638 votes
Judgment/Decree passed in foreign country can be executed in India.

There are two ways:

1. By filing an execution petition ( If the Decree / judgment has been passed by a reciprocating country)

2. By filing a Suit, wherein, the Decree / judgment has been passed by a non- reciprocating country.

The process in India has to be initiated within 3 years from the date of the Decree / judgment

Please get in touch with all papers
Answer #3
717 votes
The issue seems to be a complex one having jurisdictional dilemma. One can really answer your query only after going through the record of proceedings in the foreign country. Much also depends upon bilateral ties between the two countries also. Given the set of facts and circumstances we have before us, it is not possible to give a straight answer.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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