9911796707
TMI Blog1990 (12) TMI 281X X X X Extracts X X X X X X X X Extracts X X X X ..... a decree on April 23, 1981, in O.S. No. 8 of 1980, Sub-Court, Kavarathi, Laccadives Island. The execution petition was filed in the City Civil Court, Madras, as the company address was given as No. 67, Village Road, Nungambakkam, Madras. The amount sought to be recovered in the execution petition is Rs. 6,872.75. The relief is prayed for under Order 21, rule 41, Civil Procedure Code, to orally examine the director of the company for means of satisfying the decree and also to make an affidavit stating the particulars of the assets of the company. As the notice in the execution petition could not be served because of the endorsement made by the bailiff that there was no such company in the address given by the petitioner herein, the execution ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the registered address of the company as No. 20/1, Taylors Road, Kilpauk, Madras-600 010, with effect from April 1, 1986. It is stated that there was a change in the original address of the company and the new address was given to the Registrar in Form No. 18 dated September 29, 1989, on January 12, 1990. Hence, it is open to the petitioner to take steps to execute the decree by giving the correct address of the judgment debtor which is now disclosed by the Registrar as No. 20/1, Taylors Road, Kilpauk, Madras-600 010. Learned counsel for the petitioner argued that the first respondent-company has violated the provisions of sections 146 and 147 of the Act and is, therefore, liable to be prosecuted. Under sub-section (1) of section 146, a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h document purports to relate, he may call on the company by a written order to furnish such information or explanation within such time as he may specify in the order. The section will not come into play, unless a document which is required to be submitted had been filed before the Registrar and the Registrar after perusing the same is of the opinion that further explanation or information is necessary. Hence, the petitioner cannot invoke section 234 and pray for a direction from this court to the Registrar to collect the decree amount on his behalf ; nor can he make any claim to the amount levied as fine by the Registrar on the company, in view of the default committed by the company. In the circumstances, the only remedy available to t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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