Section 634A in The Companies Act, 1956
634A. [Enforcement of orders of Company Law Board
Any order made by the Company Law Board ... business or personally works for gain:] [Provided that the provisions of this section shall not apply on and after the commencement of the Companies (Second
would clearly fall under Section 402(b) of the Companies Act and are enforceable under Section 634A of the Companies Act. Counsel submitted, Company ... orders which fall under Section 402(b) of the Companies Act and therefore, are not enforceable under Section 634A of the Companies Act. Counsel submitted
said applications were filed pursuant to the provisions of Section 634A of the said Act which inter alia contemplates enforcement of the order passed ... Section 10E of the Act, the said order is without jurisdiction and thus unenforceable in law and, therefore, also an application made under Section 634A
Board) in company petition No. 97 of 1997 under Section 634A of the Act.
2. The brief facts relevant for the decision of the present ... Chaudhary, is that in view of the provisions of Section 634A of the Act the application under Section 634A to enforce the order dated 28th
before this Court by virtue of Section 634 and not before the Company Law Board under Section 634A of the Companies Act. The said submission ... passed by the Company Law Board under Sections 397 and 398 in the context of Section 634A of the Companies Act, in the decision reported
Section 124 in The Companies (Second Amendment) Act, 2002
124. Amendment of section 634A.- In section 634A of the principal Act, the following proviso shall
February, 2000 the MMS Group filed an
application under Section 634A of the Companies Act 1956
praying for a decision as to whether the notice ... Section 402 are residuary in nature
and in addition to the powers available to the Company Law
Board under Sections 397 (2) and Section
When an application under Section 634A of the Companies Act, 1956 was
moved by the present appellant before the CLB, the Board, by speaking
order ... applicant, it may be
observed that this Section is explicit which runs as follows:
Sec. 634A: Any order made by the Company Law Board
Shri Vilas Gupta, thereafter, filed CA 42/2008
under Section 634A(2) of the Companies Act, 1956, before the CLB,
for enforcement of the aforesaid ... seek
enforcement of u/s 634-A of the Companies Act, 1956. I,
therefore, decline to exercise jurisdiction u/s 634A of the
Companies
Company Law Board dated December 19, 1995, passed under Section 634A
of the Companies Act, 1956.
2. The brief facts of the case are that ... lakhs within the stipulated time and made an application under Section 634A on April 28, 1995, for enforcement of the order dated October
