JOHN DSILVA Vs. NEOSONIC ELECTRONICS LTD

JUDGEMENT

(1.) The petitioners in the above Company Application seek to execute the order dated 8. 6. 2004 of the Company Law Board (CLB) under the provisions of section 634-A of the Companies Act, 1956 through this Court as the Executing Court since the Company against which the order is passed has its registered office within the jurisdiction of this Court and its life-time director, respondent No. 2 in the Company petition, resides within the jurisdiction of this court. The applicant-Company has taken out the above Chamber Summons being Chamber summons No. 1061 of 2006 for raising the attachment and staying the execution. The life-time Director being respondent No. 2 has taken out another Chamber Summons for setting aside the warrant of attachment and staying the execution.

(2.) It is the case of the applicant-Company (which is a Company other than respondent no. 1-Company in the Company petition) that it is the owner of the premises sought to be attached and that the 1 st respondent-Company in the Company Petition is not the owner and does not own the property and, therefore, the property of the applicant-Company cannot be attached in execution of the order/decree of the CLB in favour of respondent no. 1-Company in the above Company petition. It is the case of respondent No. 2 to the Company Petition, the life time Director of respondent No. 1-Company, that the order is passed only against the Company and not against him and hence, the warrant of attachment issued be set aside and the execution be stayed.

(3.) Certain events and dates that have transpired with regard to the flat which is attached as also with regard to the conduct of the Director of respondent No. 1-Company in the above Petition require to be considered.