Execution jurisdiction for company court orders attaches to the transferee civil court once the certified order is produced.

A civil court to which a company court's order is transmitted for execution has jurisdiction to proceed under the execution framework in Sections 38 and 39 of the Code of Civil Procedure, 1908. Once the certified copy of the winding-up court's certificate or order is produced, the transferee court may execute the decree, and it need not itself be a company court. A separate transfer order is not required where the statutory procedure is otherwise satisfied. The jurisdictional objection was rejected, and execution was allowed to continue before the civil court.

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Issues: Whether the executing court lacked jurisdiction to proceed with execution of the decree on the ground that it was not a company court and that no separate order of transfer had been made.

Analysis: The Court relied on the relevant provisions governing execution of orders of a company court and the principles under Sections 38 and 39 of the Code of Civil Procedure, 1908. It held that once the certified copy of the winding-up court's certificate or order is produced, the transferee civil court can execute the decree. The Court also accepted the view that for execution purposes the transferee court need not itself be a company court, and that a separate transfer order is not required where the statutory procedure is otherwise satisfied.

Conclusion: The objection to jurisdiction was rejected and the executing court was held competent to proceed with execution.

Final Conclusion: The revision failed, and the execution proceedings were allowed to continue before the civil court.

Ratio Decidendi: A civil court to which a company court's order is sent for execution has jurisdiction to execute it under the statutory execution framework, and the transferee court need not itself be a company court.

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