1941 (3) TMI 13

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ainst the order of a learned Judge in Chambers granting an application for rateable distribution as between a decree holder and the Official Liquidator enforcing a payment order under section 186 Companies Act. It may be briefly stated in order to clarify the position that the execution of the decree was transferred to the Court of the District Judge by the Court of the Subordinate Judge which pas....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....of a payment order cannot get rateable distribution against the holder of a decree. But we have also found, if we may say so with due respect that the Bench which decided that case does not appear to have considered fully the bearing of section 199, Companies Act. In fact the finding is based entirely upon three judgments quoted therein; the first two of which appear to lay down nothing more than ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ecree and enforceable as such and that the provisions of the Civil Procedure Code relating to the execution of decrees are applicable to the execution of such orders. It is clear that section 36, Civil Procedure Code, lays down that the provisions of the Code relating to the execution of decrees shall, so far as they are applicable, be deemed to apply to the execution of orders. This section appea....