9911796707
TMI Blog2011 (12) TMI 417X X X X Extracts X X X X X X X X Extracts X X X X ..... t - 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 - CO. APPLICATION NO. 1746 OF 2011, CO. PETITION NO. 189 OF 2004 - - - Dated:- 13-12-2011 - B. SESHASAYANA REDDY, J. M. Anil Kumar for the Official Liquidator. JUDGMENT 1. Mr. G. Krishna Kumar and Smt. S. Aruna Kumari filed Company Petition No. 189 of 2004 under sections 433(e), (f) and 434(1)(c) of the Companies Act, 1956 (for short, "the Act") seeking an order for winding up of M/s. Samvidha Chit Funds P. Ltd. The said company petition came to be allowed on September 9, 2005, and the official ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as a decree made by the court in a suit pending therein. A further submission has been made that for execution of the decree passed by the company court, a certified copy of the order sought to be executed is required to be produced before the executing court and there is no need of getting the decree transferred in accordance with the procedure laid down in section 39 of the Code of Civil Procedure, 1908. 4. The short point, which arises in this application is, whether in the facts and circumstances of the case, the official liquidator should file a transfer application or execution petition ? 5. Few provisions of the Act are required to be noted before dealing with the point involved in this application. Under section 482 of the A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shall take the requisite steps for enforcing the order, in the same manner as if it had been made by itself. (4) Where any order made by the Company Law Board is required to be enforced by a court, a certified copy of the order shall be produced to the proper officer of the court required to enforce the order and the provisions of sub-sections (2) and (3) shall, as far as may be, apply to every such order in the same manner and to the same extent as they apply to an order made by a court." 7. The procedure to be followed in the matter of execution of the order made by the company court is different from that laid down in the Code of Civil Procedure. As per section 635 of the Act, it is sufficient to produce to the court which is requi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. Where the order made by the company court is required to be enforced by another court, a mere production of a certified copy of the order is sufficient without getting the order transferred by the court which is required to enforce the order by taking necessary steps in the same manner as if it has been made by itself." 8. What is contemplated for execution of the order passed by this court is a certified copy shall be produced to the proper officer of the court, which ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
