KALAGARA RAMA TULASAMMA Vs. SUBHADAYA PUBLICATIONS LIMITED

JUDGEMENT

(1.) This is an appeal directed against the order of the Additional District judge, West Godavari passed on 4-7-1964. It arises in the following circumstances.

(2.) In O. P. No. 195 of 1964, the High Court of Madras brought the Subhadaya Publications limited in liquidation. In pursuance of the liquidation, an order to collect the call money from the appellant was made by the said High Court. The High Court of Madras transmitted that order for the purpose transmitted that order for the purpose of enforcement to the High Court of Andhra Pradesh. The high Court of Andhra Pradesh in its turn transferred the said order passed in O. P. No. 195 of 1964 to the District Court, Eluru under R. O. C. No. 4296/63-C2 for execution. An execution petition was filed by the Official Liquidator before the District Court for the execution of the said order. The prayer in the said execution petition was that the said execution petition was that the moveable property of the judgment-debtor should be attached.

(3.) The judgment-debtor appeared and filed a counter. His principal contention, with which I am concerned, was that the District Court has no jurisdiction to execute the order as it is not a company Court with in the meaning of Section 3 of the Indian Companies Act (7 of 1913), hereinafter called "the Act." The District Court rejected this contention and directed execution of the order. It is this view that is now question in this appeal.