Case Details

Citation(s)
2026 SLG 4267 = 2026 SLD 4267
Islamabad High Court
Writ Petition No.1903 of 2017
Presented By: (INAAM AMEEN MINHAS) JUDGE
07.04.2025 Syed Iqbal Hashmi, Advocate for the petitioner. Mr. Muhammad Saeed Raja, DAG. Hafiz Ejaz Mehboob, Special Prosecutor, NAB for respondent No.6.

Nabeela Shaukat

VERSUS

Federation of Pakistan and others

Law: Companies Act, 2017

Section: 310

Summary

The petitioner sought a direction for allotment of a 500 sq. yd. residential plot in Islamabad New City (INC) after claiming that she and her husband had deposited Rs.132,000/- with the respondent company. The housing scheme was a joint venture involving M/s MG Realtors (Pvt.) Ltd., which subsequently became subject to winding-up proceedings before the Lahore High Court.

The Court held that, because a provisional manager/official liquidators had been appointed and winding-up proceedings were pending, the High Court could not independently adjudicate the petitioner’s claim in the writ petition. Under Section 310 of the Companies Act, 2017, legal proceedings against a company under winding-up can proceed only with the leave of the Court conducting the winding-up, and that Court has jurisdiction over claims against the company.

Accordingly, the writ petition was dismissed as not maintainable, with liberty to the petitioner to approach the official liquidators appointed by the Lahore High Court for redressal of her grievance.

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