Case Details

Citation(s)
2019 SLG 2455 2019 SLD 2455 2019 PLJ 126
Lahore High Court
FAO No. 85 of 2017, decision & hearing Dated: 11.06.2018
MUZAMIL AKHTAR SHABIR, JUSTICE
Petitioner(s) by: Syed Athar Hasan Shah Bukhari, Advocate
Respondent(s) by: Mr. Khalid Ashraf Khan, Advocate Nos. 2 and 3. Rana Muhammad Imran, Advocate (PEMRA).

SUNNY VISION CABLE NETWORK THROUGH CHIEF EXECUTIVE OFFICER

VS

DIRECTOR GENERAL (LICENSING), PAKISTAN ELECTRONIC MEDIA REGULATORY AUTHORITY AND 2 OTHERS

Law: Pakistan Electronic Media Regulatory Authority Ordinance (XIII of 2002)

Section: 30A

Pakistan Electronic Media Regulatory Authority Ordinance, 2002-- ----S. 30-A--Issuance of B.3 Category license--Application for upgradation of license and change of headend location--Pendency of application--Filling of writ petition--Disposed of with direction to decide application--Application was dismissed--Non-availability of authorization for filling of appeal--Maintainability--Appellant in absence of a resolution by Directors of company at most could claim that he had been authorized by Articles of Association of company to file instant appeal but perusal of said articles shows that no such authorization in available in same--It is settled by now that an appeal, suit or a petition cannot be filed on behalf of a company and would be incompetent and not maintainable without there being a resolution of Board of Directors authorizing person, who has instituted proceedings, to file same--In absence of any such authorization in favour of CEO Jabbar Ali by Board of Directors of appellant company to file an appeal for challenging order dated 05.10.2017 passed by respondent No.1/PEMRA, present appeal would be in competent--Appeal was dismissed. PLD 1971 SC 550, 2006 SCMR 437 & 2000 SCMR 472, ref. THIS ORDER PASSED BY: MUZAMIL AKHTAR SHABIR, JUSTICE----.---- Through this appeal under Section 30-A of Pakistan Electronic Media Regulatory Authority Ordinance, 2002, the appellant company has called in question the order dated 05.10.2017 passed by the Director General (Licensing) PEMRA, Islamabad/Respondent No. 1 whereby the application filed by the appellant regarding upgradation of its license and change of headend location was dismissed. 2. The brief facts of the case are that the appellant company was issued B-3 category license by respondent authority. The appellant filed an application addressed to the authority Regional General Manager, PEMRA, Multan regarding upgradation of its license and change of headend location but the Regional General Manager did not accede to the said request. Consequently, the appellant filed a constitutional petition (WP No. 12189 of 2017) whereby this Court vide order dated 11.09.2017 directed the Respondent No.1 to decide the…
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