Company court execution can proceed on a certified copy alone without prior CPC transfer, under the special statutory scheme.

A company court order made executable as a decree under the special statutory scheme may be enforced by the executing court on production of a certified copy alone. The court treated the company court execution mechanism as distinct from the general transfer procedure under the Civil Procedure Code, so a prior formal transfer order was not required. On that basis, the objection to maintainability failed and the executing court was recognised as having jurisdiction to proceed on the certified copy of the company court order.

---

---

Issues: Whether an order passed by the company court could be executed by the executing court on production of a certified copy alone, without formal transfer under the Civil Procedure Code.

Analysis: The order of the company court was to be enforced in the same manner as a decree, but it was not a decree in the strict sense. The statutory scheme governing execution of company court orders was treated as special procedure distinct from the general transfer mechanism under the Civil Procedure Code. On that footing, a certified copy of the order was sufficient for execution and insistence on prior transfer under the Civil Procedure Code was unnecessary.

Conclusion: The objection to maintainability was rejected, and the executing court was held to have jurisdiction to proceed on the basis of the certified copy of the company court order.

Ratio Decidendi: Where a company court order is made executable as a decree by statute, execution may be initiated by producing a certified copy of the order without first obtaining a transfer order under the general civil procedure provisions.

---