Case Details

Citation(s)
1994 SLG 676 1994 SLD 676 1994 SCMR 811
Supreme Court of Pakistan
Civil Petitions Nos.2, 3, 4, 5, 6, and 7 of 1994, decision dated: 26-01-1994
AJMAL MIAN AND SALEEM AKHTAR, JJ

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THE ATTOCK OIL CO. LTD., RAWALPINDI and 5 others

Dr. GHAITH R. PHARAON and 2 others2

Law:

Section:

Civil Procedure Code (V of 1908)--Ss. 2 (6), 13 & 14---Constitution of Pakistan (1973), Art. 185 (3)---Foreign s---Leave to appeal was granted to consider the contention that as there was a valid and enforceable decree passed by the United Kingdom High Court, Courts is Pakistan could not exercise jurisdiction to set aside or refuse to enforce the decree. Mst. Razia Shafi v. Maj. S.M. Malik PLD 1971 SC 247; Gangumal Shewaram and others v. Nanikram Khubchand and another AIR 1932 Sindh 215 and Rehmatullah v. Ikramullah and another 1984 CLC 886 ref. ORDER SALEEM AKHTAR, J.---This order will dispose of all the above petitions for leave to appeal. By the impugned judgment the learned Judge in Chambers has granted application under section 24, C.P.C. tiled by the respondents. 2. The brief facts relevant to the present limited controversy are that Attock Oil Co. Ltd. was initially incorporated in the year 1913 in the United Kingdom. In the year 1977 its majority shares were acquired by Dr. Ghaith R. Pharaon, a Saudi National. Subsequently all the shares were purchased by him. Dr. Pharaon had advanced the initial four million dollars for the purchase from his own resources and the balance shares price was paid through loans advanced by International Credit and Investment Company (Overseas) Ltd. (ICIC). In 1979 Attock Oil Company Ltd (AOC) became a non-resident company as far as UX was concerned. It amended its Articles of Association and shifted its domicile from U.K. to Pakistan and is duly registered under the Companies Ordinance, 1984. As ICIC was under liquidation, on an application made by its liquidator the High Court Judge in U.K. passed an ex parte interim order dated 28-10-1992 appointing a receiver and some directors of British nationality of AOC. Earlier on 25-10-1992 the Board of Directors of AOC had elected Dr. Pharaon. S. Dilawar Abbas and Khalid Attique Ghazi as directors. It has been alleged that as the directors appointed by U.K. Court attempted to take over the corporate management of AOC and its subsidiary companies, following four civil suits were filed by various plaintiffs in the Court of Senior Civil Judge, Rawalpindi:---- (1) Attock Oil Co.…
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