2011 (12) TMI 417

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....d the official liquidator attached to this court has been appointed as liquidator of the company (in liquidation). In the process of recovery of debts due to the company (in liquidation), the official liquidator filed C. A. No. 519 of 2006 against Sri Ravuri Udaya Bhaskar; C. A. No. 523 of 2006 against Smt. Vangala Vijaya Kumari and 3 others; and C. A. No. 1171 of 2006 against Smt. Koneti Indira and others for recovery of Rs. 55,000 ; Rs. 54,000 and Rs. 45,000 respectively. The said applications came to be allowed on July 31, 2006 and November 9, 2006, respectively. Despite the company applications being allowed granting a decree against the above referred persons, they did not choose to satisfy the decretal amount. Hence, the official liqu....

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....e Act, any order made by a court for, or in the course of, winding up a company shall be enforceable at any place in India, other than that over which such court has jurisdiction, by the court which would have had jurisdiction in respect of the company if its registered office had been situate at such other place, and in the same manner in all respects as if the order had been made by that court. This section provides for the mode of enforcing orders in winding up in any place in India, outside the jurisdiction of the court, which passed them. Any such order made by one court, may be enforced in any place in India by any other court which would have had jurisdiction in respect of the company, if its registered office were situated within th....

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....execute its order, a certified copy of the order sought to be executed. It is not necessary to comply with the procedure laid down in section 39 and Order 21, rules 4 and 5 of the Code of Civil Procedure and get the order first transferred by the court which made it to the court which is to enforce it and then make an application to execute it. Similar view on this aspect has been taken by the Karnataka High Court in Sindhu Chits & Trading (P.) Ltd. v. Khayirunnissa [1993] 76 Comp Cas 878, wherein it has been held as hereunder (page 879) : "The provision of section 635 makes it clear that it is sufficient to produce to the court, which is required to execute its order, a certified copy of the order sought to be executed. The procedure to b....