Law:

Section:

(a) Companies Ordinance (XLVII of 1984)------- --------Ss. 391, 316, 333 & 317-------Companies (Court) Rules, 1997, R. 127-------Liquidation-------Liquidator, powers of-------Competence of liquidator to apply to court for implementation of his findings-------Scope-------Term "determine any question arising in the winding up of a company" used in S. 391 of Companies Ordinance, 1984-------Connotation-------Interpretation of S. 391 of the Companies Ordinance, 1984-------Official liquidator under S. 391 of the Companies Ordinance sought implementation of his findings with regard to the company's dispute with a third party-------Validity-------Liquidator did not have power to determine disputes involving a company under liquidation with third parties, and any such determination would be ultra vires and without lawful authority and could not be sought to be implemented by the High Court under jurisdiction conferred by S. 391 of the Companies Ordinance, 1984-------High Court observed that in the present case, the official liquidator had misconstrued power of the court and that where a dispute arose of the nature which required evidence to be recorded and proof to be adduced, the same could only be determined through a proper trial and there was no bar on the liquidator from filing a claim by way of proper proceedings and then applying to the court for its expeditious disposal-------High Court under the Companies Ordinance, 1984 was adequately equipped to order that matters brought by the official liquidator be decided with all deliberate speed or for expeditious disposal of the same, however, the route adopted by the official liquidator in the present case was not countenanced under the law-------Term "determine any question arising in the winding up of a company" used in S. 391 of the Companies Ordinance, 1984 did not include the questions related to disputed claims which the company had against third parties and such an interpretation would have the effect of making redundant the other provisions of the Companies Ordinance, 1984 relating to expeditious and summary disposal of suits and claims and the intention of the Legislature not to stultify the normal…

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