Document Fragment View

Matching Fragments

17. In order to support the contention that an order of the Company Court does not have the force of a decree, the learned counsel for the respondent relied on Section 634A of the Companies Act which provides for the enforcement of orders of the Company Law Board. The learned counsel submitted that for the purpose of enforcing an order made by the Company Law Board, Section 634A provides that such orders may be enforced by that Board "in the same manner as if it were a decree made by a Court in a suit pending therein......." There is no doubt that the phraseology used in the two Sections is similar. We however, find that there are two important distinctions. Firstly, Section 634 provides that the orders may be enforced "by that Court" and Section 634A provides for enforcement by the Board thereby referring to the Board which does not have any inherent power to pass a decree. Significantly, therefore, that Section further provides that if the Board is unable to execute its order, then it may send its order for execution to the Court within the local limits of whose jurisdiction the registered office of the company situates or the person concerned voluntarily resides or carries on business, etc. Section 634 deals with orders passed by a Court which has jurisdiction to pass decrees vide Section 10 of the Companies Act. It would, therefore, not be permissible to treat the two provisions as identical.