Law:

Section:

(a) Companies Ordinance (XLVII of 1984)-------Ss. 290 & 291---Company's affairs---Prevention of oppression and mismanagement---Application to court under S. 290 of Companies Ordinance, 1984---Purpose and scope---Section 290 of Companies Ordinance, 1984 was invoked for prevention of oppression or mismanagement---Application under the said section was made where the members of the company were of the opinion that the affairs of the company were being conducted, or were likely to be conducted, in an unlawful or fraudulent manner, or in a manner, which was contrary to its Memorandum and Articles of Association, or in a manner oppressive to the members or any of the members or the creditors, or in a manner prejudicial to the public interest---Court may with a view to brining an end to matters complained of, make such orders which it deemed fit for regulating the conduct of the company's affairs---However a court under Ss. 290 & 291 of the Companies Ordinance, 1984 could not look into a dispute inter se the parties (i.e., shareholders). (b) Companies Ordinance (XLVII of 1984)--- ----Ss. 290 & 291---Petition to court under S. 290 of Companies Ordinance, 1984--- Maintainability---Oppression and mismanagement in a company---Scope---Inter se dispute between shareholders of a company---Such dispute was not adjudicable under S. 290 of Companies Ordinance, 1984---Petitioner and respondent were the only two shareholders in a private company which provided Hajj and Umra services---Petitioner alleged that respondent, without his consent added another shareholder in the company; that respondent and new shareholder forged certain documents and also forged his signatures on company documents and bank accounts and that respondent and new shareholder also did not follow the guidelines with respect to providing Hajj services and illegally used the Hajj quota---Such allegations of petitioner could not be adjudicated under S.290 of Companies Ordinance, 1984, as they did not relate to matters of the company, which ought to be regulated by the Court---Present dispute was in fact a dispute inter se the petitioner, respondent and the new shareholder---Court under Ss. 290 &…

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