( 1 ) THE Official Liquidator has filed an application under Section 446 of the Companies Act, 1956. In this application, it is stated that Anand Finance Company was wound up by an order of this court dated 3rd February, 1982 passed in Company petition no. 34 of 1976. The Official Liquidator attached to this Court was appointed as a liquidator of the said company.

( 2 ) THE said company (in liquidation) gave loan to respondent no. 1 as hirer and respondent no. 2 as guarantor in respect of purchase of a vehicle. The respondents had undertaken to repay the loan amount in 24 instalments. Some instalments were paid and thereafter the respondents stopped paying the instalments. The demand notice was sent to the respondents even then they did not pay the remaining amount Therefore, the Official Liquidator had to approach this court for passing a decreee or payment order against the respondent in the sum of Rs. 52,263. 65, This court vide its order dated 19. 5. 1994 passed a payment order against respondent no. 1 in the sum of Rs. 3,7093. 65 with interest at the rate of 12 per cent per annum from the date of petition till realization and also passed an order for recovery of possession of the vehicle in favour of the petitioner.

( 3 ) THE Official Liquidator has moved C. A. 833/95 in which he has mentioned that the judgment debtor resides and carries on business and works for gain within the local limits and jurisdiction of Bombay High Court and prayed that the decree passed by this court be transferred to the court at Maharashtra for execution. The Assistant Registrar, attached to the Company Branch of this court, declined to register the application as transfer application and returned the application to the Official Liquidator for filing an execution application in accordance with the legislative intention of Section 635 of the Companies Act 1956.

( 4 ) THE short controversy which arises in this petition is whether in the facts and circumstances of this case, the Official Liquidator should file transfer application or execution petition? Section 635 of the Companies Act reads as under:

"635. (1) Where any order made by one Court is required to be enforced by another Court, a certified copy of the order shall be produced to the proper officer of the Court required to enforce the order. (2) The production of such certified copy shall be sufficient evidence of the order; (3) Upon the production of such certified copy, the Court shall take the requisite steps for enforcing the order, in the same manner as if it had been made by itself. (4) Where any order made by the Company Law Board is required to be enforced by a Court, a certified copy of the order shall be produced to the proper officer of the Court required to enforce the order and the provisions of sub-sections (2) and (3) shall, as far as may be, apply to every such order in the same manner and to the same extent as they apply to an order made by a Court. "

( 5 ) SIMILAR controversy arose before the Division Bench of Sind High Court and their Lordships had resolved the controversy by ascertaining the true intention of the Legislature in the case of Official Liquidator of Golden Provident Fund Society Ltd. Karachi vs. Narain Deomal AIR (30) 1943 Sind 89. The facts of the said case have direct bearing on the facts of the case in hand. Therefore, it would be appropriate, to briefly summarise the facts of that case in order to properly appreciate the controversy in issue.

( 6 ) AN appeal under S. 202 of the companies Act, against an order of the Assistant Judge, Hyderabad dismissing an application made by the Official Liquidator of the Golden Provident Funds Society Ltd. , to the court to enforce an order passed by a Judge of that court under Section 185, Companies Act directing M/s Thadani and Sons to pay the amount with interest at six per cent on account of a debt due from them to the said society. The Official Liquidator applied to execute this order as if it were