Case Details

Citation(s)
2009 SLG 1912 2009 SLD 1912 2009 CLD 1225
Sindh High Court
High Court Appeal No. 33 of 2007, decision dated: 1st April, 2009.
MRS. QAISER IQBAL AND ARSHAD SIRAJ MEMON, JJ
Abrar Hassan for Appellant. Sofia Saeed Shah for
Respondent No. 3. Shafi Muhammad for
Respondents.

Syed WAJAHAT HUSSAIN ZAIDI

VS

. Messrs T.J. IBRAHIM & CO. through Official Assignee and 2 others

Law:

Section:

(a) Companies Ordinance (XLVII of 1984)-------S.10---Appeal against interlocutory order---Maintainability---After order of company being wound up by Company Judge, appeal against interlocutory order lies before Division Bench of High Court---Where dispute is in respect of winding up proceedings, same lies within the terms of S.10 (1) of Companies Ordinance, 1984, before Supreme Court---Where company ordered to be wound up has paid up capital of not less than Rupees one million, direct appeal lies to Supreme Court and where company to be wound up has paid up capital of less than Rupees one million or having no share capital, such appeal lies only if Supreme Court grants leave to appeal. Ibrahim Shamshi v. Bashir Ahmed Memon 2005 SCMR 1450; Ch. Jamil Ahmed v. Nippon Bobbin Company (Pakistan) Ltd. PLD 1991 Lah. 467; Messrs Industrial Development Bank of Pakistan v. Messrs Kamal Enterprises PLD 1995 Quatta 41; Lahore Development Authority v. Investment Corporation of Pakistan 2003 CLD 1764; Zakauddin v. Dastgir Investment and Management Ltd. (Liquidation) 2004 CLC 1037; Muhammad Bux v. Pakistan Industrial Credit Investment Corporation Limited 1999 SCMR 25; Muhammad Farooq. V. T.J Ebrahim and Company and Alliance Motors PLD 1999 Kar. 246; Mehbood Industries v. PICIC 1988 CLC 866 and Multiline Associate v. Ardeshir Cowasjee 1995 SCMR 362 ref. Fakhruddin Khan v. Messrs Ruby Rice and General 2001 YLR 1997 and Kamaluddin Qureshi v. Ali International Co. and others Civil Appeals Nos. 1045 and 1221 of 1999, 378 of 2003, 320 of 2004 and Civil Petition No.2450 of 2001 rel. (b) Companies Ordinance (XLVII of 1984)--- ----S.10---Law Reforms Ordinance (XII of 1972), S.3---Intra-court Appeal---Auction of property---Improvement of bid---Appellant was the highest bidder but Official Assignee got the bid improved in proceedings conducted on the following day---Plea raised by appellant was that such proceedings conducted by Official Assignee were illegal as the same were conducted behind his back---Validity---Signatures of appellant on improvement memo appeared to be different from his signatures on initial offer of appellant and with signatures in supporting affidavit to…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492