G.S. Patel, J.

1. Is an ex-parte default summary judgment obtained in a non-reciprocating foreign country against an Indian company a ‘debt’ due and payable by it within the meaning of Section 433(e) of the Companies Act, 1956? This is the issue in this winding up petition.

2. The petitioner, Marine Geotechnics LLC (“Marine Geotechnics”) is an American company. It has its headquarters in Houston, Texas. It brought suit against the respondent-Company, Coastal Marine Construction & Engineering Ltd. (“Coastal Marine”) in the United State District Court, Southern District of Texas, Houston Division. Marine Geotechnics filed a Motion for Entry of Default Judgment against Coastal Marine and three others. On 18 January 2011, the US District Court granted Marine Geotechnics’ motion and entered default judgment against Coastal Marine and one of the other defendants. A copy of that opinion/judgment is annexed to the affidavit in rejoinder. The order is composite. Against two other defendants it obtained a summary default judgment. Against Coastal Marine and one other defendant it obtained a default judgment. The total amount decreed is in the aggregate sum of US$ 432,731.28.

3. Marine