Law:

Section:

Companies Ordinance (XLVII of 1984)-------S.316(1)---Civil Procedure Code (V of 1908), S. 47---Execution of decree--­Application for---According to decree passed by Court all -debtors including individuals as well as company having been made responsible jointly and severally---Application for execution of such decree in which company, which already stood wound up, was impleaded as -debtor, was maintainable notwithstanding the fact that "Leave of Court" as contemplated by S. 316(1) of Companies Ordinance, 1984 had not been obtained because execution of decree would be applicable against individual -debtors as decree made them responsible jointly and severally. ORDER This is an application under section 316 of the Companies Ordinance, 1984 read with section 47, GYP.C. by Judgment-Debtor No.2. It is averred by the applicant that Judgment-Debtor No. 1 is a limited company which was under liquidation and was wound-up by the Order of this Court on 30-8-1983 in J.M. No.23 of 1983, whereas the execution application was filed on 11-12-1988, nearly four years after the winding up, and was, therefore, not maintainable under section 316(1) of the Companies Ordinance, 1984 because the requisite "leave of the Court" had not been obtained. In their counter-affidavit the Decree--­Holder states that all Judgment-Debtors are liable to pay decretal amount "jointly and severally" and, therefore, Judgment-Debtor No-2, who was the may behind the establishment of Judgment-Debtor No. 1, was personally liable…

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