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TMI Blog2017 (5) TMI 219X X X X Extracts X X X X X X X X Extracts X X X X ..... pany Law Board was liable to enforce the order through the Court where the registered office of the company is situated. Now sub-section (3) of Section 424 of the Companies Act, 2013 empowers the Tribunal to get its order executed. The provision does not confine itself only to the beneficiary of the order. If any of the party to the Company Petition whether petitioner or the respondent brings it to the notice of the Company Law Board (now Tribunal) that the order passed by it has not been enforced, it is always open to the Company Law Board (now Tribunal) to get the same executed in the same manner as if it were a decree made by a court in a suit, and it is lawful for the Company Law Board or this Tribunal to send the order for execution ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o order as to costs. However, the applicant/R6 is at liberty to file the Company Application at the time when the order of the CLB dated 25.2.2009 is all set for execution. Thus, the Chartered Accountant Shri R. Aghoramurthy is directed to submit his report before this Bench in the light of the directions given by the CLB in its order dated 25.02.2009, within two months from the date the copy of order is received. The Registry is directed to send a copy of this order by speed post along with the order of the CLB dated 25.02.2009 to the Chartered Accountant Shri R. Aghoramurthy for compliance. 2. The brief facts of the case is that the Company Petition No.64 of 2006 under Sections 397, 398, 402 and 403 read with Sections 235, 237 and Sc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nts, expenses incurred on behalf of the company, together with the fund utilisation thereof and irregularities, if any, and serve copies of the report on all the parties, who are bound by the report of the chartered accountant. The whole process shall be completed by 30.04.2009. The Company will bear the Chartered Accountant's remuneration and towards this end, on initial amount of ₹ 50,000/ - may be paid by 31.03.2009. The matter will be heard on 15.05.2009 at 02.30 P.M. for issue of appropriate consequential directions, after hearing the parties concerned, to safeguard the interests of the company and its members. With the above directions, the Company Petition and all the connected applications stand disposed of, however, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and re-numbered as TCA No. 11/2016 for execution of the decree. Therein, the Tribunal passed the impugned order as quoted above. 5. Learned Counsel appearing on behalf of the appellant submitted that the applicant, who was 6th Respondent before the Company Law Board and 1st Respondent herein is not the beneficiary of the judgement and decree passed by the Company Law Board on 25.2.2009. Therefore, he cannot file an application under Section 634A of the Companies Act, 1956 (now sub- section (3) of Section 424 of Companies Act, 2013). This was opposed by Learned Counsel for the 1st Respondent/ applicant, who was 6th Respondent before the Company Law Board. 6. For determination of issue, it is desirable to notice the relevant provisions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... does not confine itself only to the beneficiary of the order. If any of the party to the Company Petition whether petitioner or the respondent brings it to the notice of the Company Law Board (now Tribunal) that the order passed by it has not been enforced, it is always open to the Company Law Board (now Tribunal) to get the same executed in the same manner as if it were a decree made by a court in a suit, and it is lawful for the Company Law Board or this Tribunal to send the order for execution to the competent court within the local limits of whose jurisdiction the registered office of the company is situated. 9. In view of the aforesaid provision of law, we hold that the Tribunal by the impugned order dated 20.1.2017 has rightly hel ..... X X X X Extracts X X X X X X X X Extracts X X X X
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