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CS Professional · Compliance Management, Audit and Due Diligence · Relief and Remedies

The Tribunal passes an order against Orchid Pharma Ltd., whose registered office is in Pune, while its plant manager Mr. Vikas Joshi, against whom a separate order is made, carries on business in Nagpur. Under section 424(3), to which courts may the Tribunal send these orders for execution?

The company's order goes to the court having jurisdiction over its registered office in Pune, while Mr. Joshi's order goes to the court where he voluntarily resides, carries on business or personally works for gain. Section 424(3) draws this distinction between companies and other persons.

  1. ABoth to the court in Pune, the company's registered office
  2. BThe company's order to the court at Pune; Mr. Joshi's order to the court within whose jurisdiction he voluntarily resides, carries on business or personally works for gainCorrect
  3. CBoth to the High Court at the Tribunal's own seat only
  4. DCompany's order to the court where its plant is located; Mr. Joshi's order to the court at Pune

Explanation

Section 424(3) treats Tribunal orders as decrees and lets the Tribunal send them for execution to the court within whose local limits, for an order against a company, its registered office is situated, and for an order against any other person, that person voluntarily resides, carries on business or personally works for gain. Hence Pune for the company and the relevant locality for Mr. Joshi, not Pune for both.

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