Case Details

Citation(s)
2015 SLG 1490 2015 SLD 1490 2015 CLD 562
Securities and Exchange Commission of Pakistan
Appeal No. 17 of 2012, decision dated: 29-11-2013, hearing DATE : 6-11-2013
TAHIR MAHMOOD, CHAIRMAN AND ZAFAR ABDULLAH, COMMISSIONER (SMD)
Javed Gulzar and Khushnood Ahmed for Appellants. Hasnat Ahmad, Director (ICW) and Tahir Mehmood Kayani, Deputy Director (ICW) for
Respondents

Securities and Exchange Commission of Pakistan KHALID JAVED SECURITIES PRIVATE LIMITED and 3 others

VS

AKIF SAEED and 8 others

Law:

Section:

Companies Ordinance (XLVII of 1984)-------Ss. 305 & 309---Securities and Exchange Commission of Pakistan Act (XLII of 1997), S.33---Securities and Exchange Ordinance (XVII of 1969), Ss.18, 21 & 22---Winding up of company and closing its offices without prior permission---Failure of company and its Directors to co-operate and assist the Enquiry Officers in conducting and completing the enquiry---Stock Exchange, informed the Commission that company, which had filed a winding up petition before High Court, had closed its offices registered with Stock Exchange without any prior intimation, in violation of Regln.10 of Regulation Governing Lahore Stock Exchange Members/Branch Offices for conducting the business; and trading of shares and securities within/outside the Exchange---Stock Exchange switched off all trading terminals of the company---Company vide letter was advised to settle all outstanding complaints before winding up of the company; and was further advised to attend a meeting through video conferencing, but company failed to provide any concrete arrangement for settlement of claims/complaints---Stock Exchange informed that the company had been expelled from the membership of the Exchange---Subsequently Central Depository Company also suspended admission of the company to the Central Depository System---Initial scrutiny of documents, record and contents of the winding up petition, had revealed several discrepancies, violations, non-compliances and pending investors' claims against the company---Commission appointed Enquiry Commission to enquire into the matter to outstanding investors claims against the company---Company and Directors were directed to fully co-operate with and assist the Enquiry Officers in conducting and completing the enquiry---Interim report submitted by Enquiry Officers had revealed that company and its Directors had submitted false and incorrect information/statements; and also failed to provide the relevant record and information as directed by the Enquiry Officers, despite repeated directive---Company having failed to comply with requirements of S.21 of Securities and Exchange Ordinance, 1969, Rules and Regulations made…
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