K MUTHUSAMY Vs. N SANKARANARAYANAN

JUDGEMENT

(1.) This appeal has been preferred by the appellant against the order dated 20.01.2017 passed by the National Company Law Tribunal Chennai in TCA No. 11 of 2016 in C.P. No. 64 of 2006 pursuant to an application for execution of the decree passed by Company Law Board. In the impugned order the Tribunal made observations and passed the following directions:

(2.) The aforesaid order was challenged before the Madras High Court in Company Appeal No. 6 of 2009 which vide order dated 21.2.2011 confirmed the order passed by the Company Law Board, relevant of which reads as follows:

(3.) As the order passed by the Company Law Board on 25.02.2009 as was affirmed by the Madras High Court was not executed, 1st Respondent who was 6th Respondent before the Company Law Board preferred an application under Section 634A of the Companies Act, 1956 before the erstwhile Company Law Board. The said petition under Section 634A remained pending and after constitution of the Tribunal, the petition was transferred and re-numbered as TCA No. 11/2016 for execution of the decree. Therein, the Tribunal passed the impugned order as quoted above.