Case Details

Citation(s)
2003 SLG 3094 2003 SLD 3094 2003 CLD 1764
Lahore High Court
Intra Court Appeal No.4 L of 2002, decided December, 2002.
MIAN HAMID FAROOQ AND PERVAIZ AHMAD, JJ
Mian Muzzafar Hussain for Appellants. Shamas Mahmood Mirza for
Respondent No. 3. Haider Zaman Qureshi for
Respondent No. 8.

Lahore High Court DEVELOPMENT AUTHORITY, Lahore High Court through its Director General, L.D.A. and another --Appellants

VS

. INVESTMENT CORPORATION OF PAKISTAN, Karachi High Court and others --Respondents

Law:

Section:

Companies Ordinance (XLVII of 1984) --Ss.10, 314 & 333 Law Reforms Ordinance (XII of 1972), S.3 Winding up proceedings Plot allotted to company was cancelled by Authority (LDA) after its sale by Official Liquidator Direction of Company Judge to Authority to give effect in its record to sale deed to be executed, by official liquidator in favour of auction purchaser Intra Court Appeal against such order by Authority (LDA) ¬ Maintainability Company Judge had passed impugned order after passing of winding up order Intra Court Appeal was incompetent in circumstances. I.C.A. No.14 L of 2001; C.P.L.A. No.765 L of 2002; Agha Fakhruddin Khan v. Messrs Ruby Rice and General Mills Ltd. and others 2001 YLR 1797 and M. Suleman & Co. through Managing Partner v. Joint Official Liquidators and another 1997 CLC 260 rel. ORDER MIAN HAMID FAROOQ, J. Lahore Development Authority etc., through the filing of the present appeal, have, called in question order dated 6 12 2001, whereby the learned Company Judge of this Court directed the appellants to revive the allotment of plot in favour of Messrs Leatherite (respondent No.7) and thereafter as and when the official liquidators execute the sale deed, effect shall be given to the same in the L.D.A. record by way of entry of transfer in favour of the purchaser. 2. Precisely stated the facts, relevant for the decision of the present appeal, are that respondents Nos.2 to 6 filed a winding up petition (C.O: No.2 of. 1990), against respondent No.7, invoking the companies jurisdiction, of this Court and thereupon the learned Company Judge, vide judgment dated 12 3 1998, passed a winding up order and two joint official liquidators were appointed. During the subsequent proceedings, the, official liquidators disposed of the factory premises of the Company, situated at Township Industrial Area, Kot Lakhpat, Lahore, for a sum of Rs.20.500 million, which bid was approved by the learned Company Judge, vide order dated 3 5 2001. The said total consideration price was paid to the official liquidators, the possession of the factory was delivered to the purchaser and the official liquidators were directed to execute the sale deed in favour of…
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