| Citation(s) |
|---|
| 1999 SLG 529 1999 SLD 529 1999 CLC 1989 |
Sindh High Court
Suit No.97 and Civil Miscell,incous A1)pfcations Nos.744 of 1995 and 4310 of 1996, decision dated: 5-09-1997
RASHEED A. RAZVI
Rasheed A. Akhund alongwith Khalilur Rehman for Plaintiff. Abdul Hafeez Pirzada alongwith Rana lkramullah and Abdul Monem Khan for Defendants Nos. 1 to 11. Choudhry Muhammad Jamil for Defendant No. 15.
Suit No.97 and Civil Miscell,incous A1)pfcations Nos.744 of 1995 and 4310 of 1996, decision dated: 5-09-1997
RASHEED A. RAZVI
Rasheed A. Akhund alongwith Khalilur Rehman for Plaintiff. Abdul Hafeez Pirzada alongwith Rana lkramullah and Abdul Monem Khan for Defendants Nos. 1 to 11. Choudhry Muhammad Jamil for Defendant No. 15.
NIZAM HASHWANI
VS
HASHWANI HOTELS LIMITED AND 14 OTHERS
Law: Companies Ordinance, 1984
Section: 50
Companies Ordinance (XLVII of 1984)---Ss. 50(2), 73, 159(7), 178, 179 & 187(41---Civil Procedure Code (V of 1908), O.XXXIX, Rr. 1 & 2---Specific Relief Act (I of 1877), Ss. 42 & 54---Suit for declaration and 'permanent injunction---Interim injunction ---Entitlement--Plaintiff/petitioner had prayed in his suit that election of Directors of defendant Company which was held in violation of provisions of Companies Ordinance, 1984, should be declared illegal---Plaintiff had also filed petition for grant of interim injunction to the effect that defendant/respondent be restrained from holding meeting of Board of Directors or to forth any Committee of Directors during pendency of suit---Evidence on record had established that non-compliance of statutory provisions as well as violation of Articles of Association of the Company existed in matter of .election of Directors as alleged by plaintiff/petitioner---Prima facie, function of Court was to ensure smooth and effective running of a company and at the same time not to permit any member, Director or even a shareholder to violate any provisions of Memorandum and Articles of Association or provisions of Companies Ordinance, 1984--Plaintiff/petitioner had successfully established a good prima facie case for grant of interim injunction---Other two ingredients namely suffering of irreparable loss and injury and balance of convenience were also present in plaintiff/petitioner's favour---Interim injunction was granted to plaintiff/petitioner, in circumstances, till final decision of the case. Messrs Chaina Fibre Company Limited, Khulna % . Abdul Jabbar and 4 others PLD 1968 SC 381; Secretary of State v. Mask & Company AIR 1940 PC 105; Sardar Gulab Singh v. Punjab Zamindar Bank Ltd. AIR 1940 Lah. 243; Parvaiz Aslam Mian v. Svnthetic Chemical Co. Ltd. PLD 1980 Kar. 401; Farrukh K. Captain v. Exxon Chemical Pak. Ltd. and others PLD 1991 Kar. 441; Karnal Distillery Company Limited, Karnal PLD 1956 (W.P.) Lah. 731; Railway Sleepers Supply Company's case (1885) 29 CH 204; Hector Shalling Limited's case (1936) 1 and Muhammad Ismail Ali Charan v. Pak Porko Ceramics Ltd..PLD 1973 Kar. 491 ref. ORDER The plaintiff…
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