| Citation(s) |
|---|
| 2024 SLG 5471 2024 SLD 5471 2024 CLD 1266 |
Islamabad High Court
Writ Petition No.445 of 2024, decided on 19th April, 2024.
Before Miangul Hassan Aurangzeb, J
Tariq Bilal along with Muzamil Aftab, Secretary General PPA for Petitioner. Ms. Asia Batool, Assistant Attorney General for
Respondent. Misbah-ul-Mustafa Safir for
Respondent No.2. Malik Ghulam Sabir and Ali Nawaz Kharral, Amici curiae. Date of hearing: 2nd April, 2024.
Writ Petition No.445 of 2024, decided on 19th April, 2024.
Before Miangul Hassan Aurangzeb, J
Tariq Bilal along with Muzamil Aftab, Secretary General PPA for Petitioner. Ms. Asia Batool, Assistant Attorney General for
Respondent. Misbah-ul-Mustafa Safir for
Respondent No.2. Malik Ghulam Sabir and Ali Nawaz Kharral, Amici curiae. Date of hearing: 2nd April, 2024.
PAKISTAN POULTRY ASSOCIATION through Secretary General--- Petitioner
VERSUS
REGULATOR OF TRADE ORGANIZATIONS and another---Respondents
Law: Companies Act, 2017
Section: 135(1)
Law: Trade Organization Act, 2013
Section: 14(1) & 14(3)(g), 7(1)(c), 7(1)(g) & 8
Law: Trade Organization Rules, 2013.
Section: R.6(1)(h)
(a) Companies Act (XIX of 2017)-------S.135(1)---Trade Organizations Act (II of 2013), Ss.14(1) & 14(3)(g)---Trade Organizations Rules, 2013, R.6(1)(h)---Pakistan Poultry Association---Annual General Meeting---Holding of adjourned Annual General Meeting (AGM) of Pakistan Poultry Association (PPA) on the same day without following the law and required quorum---Jurisdiction of Directorate General Trade Organization (DGTO) to issue direction to call AGM of PPA and to take cognizance of complaint filed by respondent---Scope---High Court ruled that DGTO had jurisdiction to take cognizance of respondent's complaint regarding non-compliance of the requirements of proviso to S.135(1) of the Companies Act by PPA---Provisions of Trade Organization Act, 2013 (2013 Act), give far-reaching powers to DGTO to oversee the activities and functions of a trade organization to ensure that they remain compliant with provisions of 2013 Act and 2013 Rules as well as the terms and conditions of their licences---Section 14(1) of 2013 Act provides inter alia that the affairs of a registered trade organization shall be managed and conducted in such manner as the Regulator may direct from time to time---Section 14(3)(g) of the 2013 Act empowers the Regulator to give directions to trade organizations in matters concerning 2013-Act or any rules or directives, made thereunder--Registered Trade Organization is required to conduct its affairs in accordance with and remain compliant with the requirements of the Companies Act, 2017--Directorate General Trade Organizations (DGTO) did not commit any illegality by requiring PPA to call an AGM in accordance with the law---Constitutional petition was dismissed accordingly.(b) Trade Organizations Act (II of 2013)-------Ss.7(1)(c), 7(1)(g) & 8---Trade Organizations Rules, 2013, R.6(1)(h)---Failure of a company to get itself registered under the Companies Act, 2017---Effect--Trade organization renders its licence liable to cancellation where it fails to get registration as a company under the provisions of the Companies Act, 2017, or where it does not discharge statutory obligations as a limited…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492