Law: Civil Procedure Code (V of 1908)

Section: 11

THIS ORDER PASSED BY: AAMER FAROOQ, JUSTICE:---.--- C.M. No. 584 of 2016 This is an application under Order VII, Rule 11, Code of Civil Procedure, 1908 (C.P.C.) through which the applicant i.e. respondent No. 1, seeks rejection of winding up petition filed by Trek, Technologies Limited primarily on the ground that the same has been filed on behalf of petitioner company without due authority, therefore, is barred by law. Learned counsel for the applicant, inter alia, submitted that the petition has not been filed by a person duly authorized and neither is instituted without due authorization, therefore; suffers from legal infirmity which cannot be cured nor ratified, hence petition is barred by law. In support of his contentions learned counsel placed reliance on cases titled "Khan Iftikhar Hussain Khan Mamdot v. Messrs Ghulam Nabi Corporation Ltd." (PLD 1971 SC 550), "GOP v. Premier Sugar Mills and others" (PLD 1991 Lahore 381), "Dr. S. M. Rab v. National Refinery, Limited "(PLD 2005 Karachi 478) and "Abdul Rahim and others v. UBL" (PLD 1997 Karachi 62) "Qamran Construction (Pvt.) Limited v. Saleem Ullah and others" (2008 CLD 239 Karachi), as well cases reported as 2015 YLR 1105, PLD 2012 Lah. 52, 2015 CLC 1 and 2005 CLD 1208. Learned counsel for the petitioner, inter alia, submitted that the instant application is not maintainable and is liable to be dismissed. It was further contended that bare reading of the petition shows that the same has been instituted by a duly authorized person. It was further contended that even otherwise the defect, if any, is curable. Reliance was placed on 2005 MLD 1165, 2000 CLC 866, 2011 CLD 1062, PLD 1971 SC 550, 1982 CLC 1275, PLD 1985 Lah. 491, 2000 MLD 587 and 2011 CLD 1062. The instant petition has been filed by the petitioner, i.e. Trek Technologies for winding up of respondent No. 1 Company/applicant. The application has been filed by respondent No. 1 under Order VII, Rule 11, C.P.C. For rejection of the petition. This court under section 9 of the Companies Ordinance, 1984 has the jurisdiction to entertain different kinds of petitions as provided in the referred law. Winding up petition can be instituted before this Court…

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