Law:

Section:

Companies Ordinance (XLVII of 1984) S. 10 Constitution of Pakistan (1973), Art.185(3) Winding up of company Intra Court appeal Maintainability Property offered for sale to petitioner by, Official Liquidator Failure of petitioner to make payment within stipulated time Company Judge directed Official Liquidator to take control and management of property Intra Court Appeal filed by petitioner was dismissed by High Court being non¬ maintainable as appeal against such order would lie before Supreme Count Supreme Court granted leave to appeal to examine the contentions that the High Court had erred in holding that the appeal against the of the Company Judge was not competent before the Intra Court Bench and instead petition for leave to appeal to Supreme Court should have been filed. Muhammad Bux v. Pakistan Industrial Credit Investment Corporation Limited and others 1999 SCMR 25 and Industrial Development Bank of Pakistan v. Messrs Valibhai Kainaruddin and others 2002 SCMR 415 ref. M. Abdul Qadir Khan, Advocate Supreme Court for Petitioner, Nemo for Respondents Nos. 1 and 2. Rizwan Ahmad Siddiqui, Advocate Supreme Court for Respondent No.3. Date of hearing: 15th March, 2004. ORDER MIAN MUHAMMAD AJMAL, J. Leave to appeal is sought against the judgment of a learned Division Bench of the High Court of Sindh, Karachi dated 23 9 2001 whereby H.C.A. No.73 of 1994 of the petitioner was dismissed by holding that the appeal against the order of the learned Company Judge would lie before the Supreme Court and Intra Court Appeal was not maintainable. Brief facts are that Dastgir Investment and Management Limited/respondent No.1 was wound up by the learned Company Judge of the High Court of Sindh Karachi vide his order dated 18 1 1987, Official Assignee/Liquidator was appointed who offered the property for sale. The petitioner submitted his offer on 20 8 1989 but could not make payment within the stipulated time i.e. on or before 22 12 1989 as agreed, as such, on the references of the Official Assignee/Liquidator, a learned Judge of the Sindh High Court vide his Order dated 8 1 1990 directed the petitioner to make payment of…

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