1996 (7) TMI 464

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..... decree-holder is a company known as Sudarsan Chits (India) Limited, now under liquidation as per proceedings of the High Court of Kerala, at Ernakulam. When the execution petition was filed before the District Munsif's Court, Dharmapuri, the revision petitioner filed objections stating that the court has no jurisdiction to entertain the execution petition. He also contended that the executing co .....

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..... isdiction of courts. I do not think any of these provisions has any relevancy since the very decision which learned counsel is relying on, is an answer to all his contentions. The case that is cited is one coming under the Indian Companies Act, 1913. Section 3 of that Act corresponds to section 10 of the present Act. Section 200 corresponds to section 634 and section 201 corresponds to section 635 .....

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..... ourt is not a company court, it cannot execute the order sent to it by this court. It is not possible to accept this contention. It is true that the District Court has not been made a company court by any notification under section 3. Section 164 is not quite relevant for this purpose. What section 164 concerns itself with is the subsequent winding up proceedings and not enforcement of any order p .....

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..... by this court and it is under this provision that sections 38 and 39 of the Civil Procedure Code, 1908, get attracted under which this court would be competent to transfer the order for execution to a competent subordinate court. It will thus be plain that while initially the certified copy must be produced before a court within the meaning of section 3, i.e., to say a company court, when once .....

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..... therein may be enforced. The word 'manner', in my opinion, is comprehensive enough to include a subordinate court which can execute the order if such an order is transferred for enforcement by this court in its jurisdiction as company court." No other contention was raised. In view of my finding that the court below has got jurisdiction to proceed with the execution, the civil revision petition .....

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