Law:

Section:

Companies Act (VII of 1913)-- Ss. 153 & 153-A read with Ss. 2(2), (3) & 3, Constitution of Pakistan (1973), Art. 175 and Province of West Pakistan (Dissolution) Order (P. O. 1 of 1970), Art. 14(3), (5)-Merger of Company-Application for confirmation of scheme of arrangement-Territorial jurisdiction of High Court-Company sought to be merged within jurisdiction of Sind High Court--Order of merger of such Company with another Company falling within jurisdiction of Lahore High Court amounting to winding up of former Company -Held, cannot be passed by Lahore High Court.-[ Travancore National and Quilon Bank A I R 1939 Mad. ' 318 ; Prem's Civil Practica (Second Edn.), Vol. 11 ; Indian Companies Act VII of 1913 & Traders Bank's case Ltd., In re : A 1 R 1949 Lah. 48 and Easter Commercial Bank (1949) 53 C W N 1 held not applicable].­[Jurisdiction]. Travancore National and Quilon Bank A I R 1939 Mad. 318 ; Prem's Civil Practice (Second Edn.), Vol. II ; Indian Companies Act VII of 1913 and Traders Bank's case Ltd. In re : A I R 1949 Lah. 48 and Easter Commercial Bank (1949) 53 C W N 1 held net applicable. Kekri Press Co. Ltd. (1926) 24 A L J 768 and K. Raghbir Singh etc. v. Indian Mutual Provident Fund Insurance Co. Ltd. A I R 1942 Lah. 74 ref. ORDER This is an application under sections 153 and 153 _A of the Companies Act, praying that the scheme of arrangement proposing to merge petitioner No. 2 in petitioner No. 1 be confirmed. The prop~,3al had been made in a joint meeting of the directors of the two companies. 2. The registered office of petitioner No. 2, which is to merge in petitioner No. 1, is situate in the Province of Sind. It is thus the petitioner No. 2 which will lose its entity if the request of the petitioners is allowed and the order is acted upon. The petitioner No. 2, on the other hand, will in no gray be affected, as being a wholly holding company, it will only receive back its investment. 3. The first question arising for consideration, therefore, is whether it is the Sind High Court or `this Court which can entertain this petition. The contention of the learned counsel is that as section 153-A, added to the Companies Act, 1913, in 1936, on…

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