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

....s is an appeal under the Letters Patent against 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 th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....or the converse proposition that the holder 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....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ies Act, must be regarded as equivalent to a decree 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 ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ion has automatically passed to the High Court. The decree-holder has not obtained satisfaction thereof and therefore the executing Court, the High Court, has under section 73 to distribute the assets rateably. It does not appear to us to matter whether the order is or is not a decree and the discussion on that point appears to us to be purely academic section 199, as was pointed out in Tarya Ram'....