2011 (12) TMI 417 - HC - Companies Law

Winding up - Enforcement of orders of one Court by other Courts Held that - Provision of section 635 makes it clear that it is sufficient to produce to the court, which is required to execute its order, a certified copy of the order sought to be executed - it is not necessary to comply with the procedure laid down in section 39 of the Civil Procedure Code, and Order 21, rules 4 and 5 of the Civil Procedure Code and get the order first transferred by the court which made it to the court which is to enforce it and then make an application to execute it - any order of winding up of a company may be enforced in any place in India by any other Court which would have had jurisdiction in respect of company, if its registered office were situated within that other Court s jurisdiction

Summary

Issues:
Enforcement of orders of the company court under the Companies Act, 1956 through execution petitions.

Analysis:
The Company Petition No. 189 of 2004 was filed under sections 433(e), (f) and 434(1)(c) of the Companies Act, 1956, seeking winding up of M/s. Samvidha Chit Funds P. Ltd. The official liquidator was appointed as the liquidator of the company in liquidation. Subsequently, the official liquidator initiated execution proceedings against individuals who did not satisfy the decretal amounts granted by the court. The I Additional Junior Civil Judge, Vijayawada, returned the execution petitions, questioning their maintainability. The company application sought a direction for the I Additional Junior Civil Judge to entertain the execution petitions.

The key contention was whether the official liquidator should file a transfer application or an execution petition for enforcing the decree passed by the company court. Sections 482, 634, and 635 of the Act were crucial in this regard. Section 482 allows orders made by a court in winding up a company to be enforceable at any place in India. Section 634 states that orders made by the company court can be enforced in the same manner as a decree made by a court in a suit pending therein. Section 635 outlines the procedure for enforcing orders of one court by other courts, emphasizing the production of a certified copy of the order for enforcement.

The judgment highlighted that the procedure for executing orders of the company court differs from that in the Code of Civil Procedure. It was emphasized that producing a certified copy of the order sought to be executed is sufficient under section 635 of the Act. The court referred to a Karnataka High Court decision, emphasizing that orders of the company court, though not decrees in the strict sense, can be enforced similarly to a decree. The court clarified that compliance with the Civil Procedure Code's transfer procedure is not necessary for enforcing orders of the company court.

In conclusion, the court held that based on the provisions of sections 482, 634, and 635 of the Act, the objection raised by the I Additional Junior Civil Judge regarding the maintainability of the execution petitions was not valid. The court ordered the I Additional Junior Civil Judge to entertain the execution petitions for realizing the decretal amounts and proceed with the execution in accordance with the law.