Special enforcement under Companies Act excludes Civil Procedure decree transfer in execution of court orders

An order made under the Companies Act could be enforced in another court by producing a certified copy to the proper officer under section 201, and that court was then bound to take the steps necessary to enforce it as if it were its own order. Where a special statute prescribes a specific mode of enforcement, that procedure excludes the general transfer mechanism under section 39 of the Code of Civil Procedure. The text also notes that, because no transfer of the order was involved, treating the matter as one for decree transfer was unwarranted and enforcement had to proceed under the Companies Act procedure.

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Issues: Whether an order made under the Companies Act could be enforced in another court by production of a certified copy under the special procedure in section 201, and whether the general procedure for transfer of decrees under the Code of Civil Procedure applied.

Analysis: The special provision in section 201 of the Companies Act required a certified copy of the order to be produced to the proper officer of the court asked to enforce it, and on such production that court was bound to take the requisite steps for enforcement as if it were its own order. Where a special statute lays down a specific mode of enforcement, that special procedure excludes the operation of the general provision in section 39 of the Code of Civil Procedure. As no transfer of the order was involved, the attempt to treat the matter as one requiring transfer of a decree was unwarranted.

Conclusion: The order refusing enforcement could not be sustained, and the matter had to proceed under the special procedure prescribed by the Companies Act; the appeal succeeded and the case was sent back for disposal according to law.

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