M/s.Sree Gayathri Benefit Fund Limited i.e., Company under Liquidation has been ordered to be wound up by this Court, vide Order on various dates, made in C.P.No.37 of 2007. Consequently, the Official Liquidator has taken over the possession of the assets of the Company in liquidation. 2 The learned Official Liquidator has filed separate applications under Section 446(2) of the Companies Act, 1956 against the debtors of the company under Liquidation. The debtors have been directed to pay the sums indicated against the name of each one of them, alongwith interest 25% p.a., from the date applicable to the respective debtors indicated in the relevant column, till the date of realization:-
3. The Learned Official Liquidator has taken steps to execute the Orders and when execution petitions were taken-up, they have been returned with a remark that the Provisions of Order XX1, Rules 5 and 6 of the Civil Procedure Code has to be complied with and that the decree has to be transmitted to the Coimbatore for execution of the orders.
4. Order 21 Rule 6 CPC deals with procedure where Court desires that its own decree shall be executed by another Court. A transfer of decree to another court for execution takes effect from the date of order of transfer.
5. In such circumstances, Learned Official Liquidator seeks permission of this Court for sending the decree for execution to Coimbatore District and also to issue certificate(s) of non-execution of decree at the transferrer court and for the purpose of transmission to and execution at the transferee court. The decrees passed in the respective Company Applications have been enclosed.
6. In view of the above, these applications are ordered as prayed for.
09.06.2017 Index:Yes/No Internet:Yes/No srk Dr.S.VIMALA, J., srk COMP. A. No.265 to 281 of 2017 in C.P. No.37 of 2007 09.06.2017