Law: Constitution of Pakistan, 1973

Section: 199,199(5)

Law: Companies Ordinance, 1984

Section: 7,10(2)

Law: Transfer of Property Act, 1882

Section: 111(g),112

Companies Ordinance (XLVII of 1984)--- ----Preamble---Constitution of Pakistan, Art. 199(5)--- Constitutional jurisdiction of High Court---"Person" in Art. 199(5) of the Constitution---Definition, scope and effect---Exclusion of High Court from definition of "person" in Art. 199(5) of the Constitution---High Court acting under special jurisdiction---Scope---Question before the High Court was whether the High Court was not to be treated as "High Court" for purpose of Art. 199(5) of the Constitution when the same acted under special jurisdiction as a Company Court under the Companies Ordinance, 1984---Held, that even conferment of special jurisdiction upon High Court did not open it to a writ under Art. 199 of the Constitution and where High Court acted as a Court under the Companies Ordinance, 1984, even then a writ could not be issued upon it in terms of exercise Constitutional jurisdiction under Art. 199 of the Constitution. Kamaluddin Qureshi v. Ali International Co. PLD 2009 SC 367 and Muhammad Shafi v. Attaullah 1984 SCMR 1124 ref. Tank Steel and Re-rolling Mills (Pvt.) Ltd. v. Federation of Pakistan PLD 1996 SC 77 rel. THIS JUDGMENT DELIVERED BY: ADNAN IQBAL CHAUDHRY, J.--- The Federal Government (the Petitioner) in its capacity as lessor of the subject land seeks to set-aside the auction and sale thereof made to the Respondent No.2 in winding-up proceedings relating to the lessee, Pakistan Fertilizer Company Ltd. 2. Pakistan Fertilizer Company Ltd. [PFCL] was incorporated on 09-10-1968 under the erstwhile Companies Act, 1913. Vide an indenture of lease dated 15-07-1969, the Federation of Pakistan (the Petitioner) leased 70 acres land at Mauripur, Karachi (the Subject Land) to PFCL for establishing a fertilizer factory. However, the fertilizer factory could not be established and in the year 1982 PFCL filed for winding-up in the High Court of Sindh at Karachi vide J.M. No. 24 of 1982 under section 166 of the erstwhile Companies Act, 1913. Per the winding-up petition, the management and shareholding of PFCL was acquired by the Federal Government pursuant to Articles 4 and 7-B respectively of the Economic Reforms Order, 1972; and thereafter under Article 7E…

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