Law: Companies (Court) Rules, 1997

Section: 3

Law: Exit from Pakistan (Control) Ordinance, 1981

Section: 2

Companies (Court) Rules, 1997--- ----R. 3---Exit from Pakistan (Control) Ordinance (XLVI of 1981), S. 2---Exit Control List---Application for removal of name---Application was Chief Executive of company during 1-9-2003 to 9-10-2006 who filed application for removal of his name from Exit Control List during pendency of application for winding-up company---Validity---High Court directed to put names on Exit Control List until directors and officials of company executed heavy amount of surety bonds to satisfaction of High Court with undertaking that whenever such persons were required, they would attend High Court---Petitioner was ready to submit heavy bond as well as undertaking to appear before High Court as and when required---Liberty of a citizen could not be curtailed by mere registration of criminal complaint wherein role attributed to petitioner was of abetment under S. 109, P.P.C.---Securities and Exchange Commission of Pakistan had sent names of 8 persons out of 14 and person who obtained financial facility from company under liquidation had repaid all amount with profit---High Court directed the authorities to remove name of petitioner from Exit Control List---Application was allowed accordingly. Wajid Shams-ul-Hassan v. Federation of Pakistan PLD 1997 SC 617; Federation of Pakistan through Secretary, M/O Interior v. General (R) Pervez Musharraf and others PLD 2016 SC 570 and Federal Government through Secretary Interior, Government of Pakistan v. Ms. Ayyan Ali and others 2017 SCMR 1179 rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD YOUNIS THAHEEM, JUSTICE:---.---Through this judgment this Court proposes to decide application filed by applicant for the following relief:- Application under the relevant Provisions of Companies Ordinance, 1984 read with the Rule-3 of the Companies (Court) Rules 1997 for:- i) Clarification of the position of the applicant vis-a-vis the so-called liabilities, if any, towards the respondent No.1. ii) Directing the respondents to the remove the name of the applicant from the Exit Control List (ECL); purportedly placed by respondents in pursuance of the order, dated 18.05.2009, passed by this Honourable Company Bench of Peshawar High…

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