Law: Companies Ordinance, 1984

Section: 468,484

Law: Constitution of Pakistan, 1973

Section: 199

Law: Securities and Exchange Commission of Pakistan Act, (XLII of 1997)

Section: 2(1)(31),33,34

(a) Companies Ordinance (XLVII of 1984)--- ----Ss. 468 & 484---Securities and Exchange Commission of Pakistan Act (XLII of 1997), Ss. 2(1)(31), 33 & 34---Constitution of Pakistan, Art. 199---Constitutional petition---Alternate efficacious remedy---Removal from Directorship---Respondent was Chief Executive Officer and Director of petitioner company who was removed from his position through a resolution passed in Extraordinary General Meeting---Decision of the Meeting was set aside by Registrar Securities and Exchange Commission of Pakistan on the ground that the same was in violation of injunctive order passed by Civil Court---Plea raised by respondent was that the petition was not maintainable as the petitioner had adequate alternate remedy available---Validity---Rule that High Court would not entertain a petition under Art. 199 of the Constitution when other appropriate remedy was available was not a rule of law barring jurisdiction of High Court---When law provided an adequate remedy, constitutional jurisdiction under Art. 199 of the Constitution could be exercised in exceptional circumstances---Exceptional circumstances which could justify invoking jurisdiction under Art.199 of the Constitution when adequate remedy was available, were when the order or action assailed was palpably without jurisdiction, mala fide, void or coram non judice---Tendency to bypass remedy provided under relevant statute by resorting to constitutional jurisdiction of High court was to be discouraged so that legislative intent was not defeated---Constitutional jurisdiction under Art. 199 could not be readily resorted to when matters amenable to jurisdiction of exclusive forum was mandated by the Constitution itself or when hierarchy provided under a statute ended up in appeal, revision or reference before High Court or directly before Supreme Court---High Court in exercising its jurisdiction would take into consideration whether the remedy provided under the statute was illusory or not---Adequate remedies having been provided under Companies Ordinance, 1984, in the context of orders in question, petitioner failed to make out a case that order in question suffered from…