Law: Companies Ordinance, 1984

Section: 10

(a) Companies Ordinance (XLVII of 1984)---Ss. 10 & 309---Civil Procedure Code (V of 1908), O.IX, R.13---Application under O.IX, R. 13, C.P.C., for setting aside ex parte winding up order---Maintainability---Civil Procedure Code would not apply to companies matters for being related to special jurisdiction, but only provisions of Companies Ordinance, 1984 would apply thereto---High Court dismissed such application in circumstances. Muhammad Swaleh and another v. Messrs United Grain and Fodder Agencies PLD 1964 SC 97; Malik Muhammad Nazir v. Mian Abdur Rahim and another PLD 1968 Lah. 792; Maj. Pervez Shakoor and 4 others v. Muhammad Usman 1991 MLD 536; State Life Insurance Corporation of Pakistan v. Nasim-e-Sahar 1992 CLC 563; Feroz Khan v. Muhammad Shuaib 1994 CLC 1462; Noorul Amin and another v. Muhammad Hashim and 27 others 1992 SCMR 1744; Mansoor Textile Mills Limited Shorkot v. Jamail Akhtar Naseeb, Textile Consultant, Faisalabad 2001 CLC 1065; PLD 1986 SC 14; PLD 1976 SC 572; PLD 1976 Lah. 611 and PLD 1987 SC 512 ref. (b) Companies Ordinance (XLVII of 1984)----S. 309---Winding-up petition---Non-impleadment of all directors or shareholders as party in such petition---Effect---­Mere impleadment of company would be sufficient as same covered all directors or shareholders. ORDER SYED HASAN AZHAR RIZVI, J.---This order will dispose of the above mentioned two C.M.As. which have been filed by the respondent in this case. C.M.A. No.186 of 2011 listed at Serial No.1 is for suspension of the operation of the impugned order till final disposal of the application and C.M.A. No.187 of 2011 listed at Serial No.2 is for setting aside the order dated 13-5-2011 passed ex­ parte against the respondent as the summonses were not duly served upon the respondent and its two Directors who had no knowledge of the captioned petition to appear before this Court and answer the claim and allow the respondent and its two directors to file objections/written statement in the captioned matter. Both these applications are duly supported by affidavits of the Sheikh Kashif Imtiaz. 2. Mr. Khalid Mehmood Siddiqui, learned counsel for the respondent contended that the entire shares of the…

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