| Citation(s) |
|---|
| 2002 SLG 674 2002 SLD 674 2002 CLD 575 |
Lahore High Court
C.O. No. 16 of 1999, decision dated: 30-01-2002
NASEEM SIKANDAR, JUSTICE
Muhammad Javaid Iqbal Jaffari for Petitioners. Jawwad Hassan for
Respondent No. 1
C.O. No. 16 of 1999, decision dated: 30-01-2002
NASEEM SIKANDAR, JUSTICE
Muhammad Javaid Iqbal Jaffari for Petitioners. Jawwad Hassan for
Respondent No. 1
IFTIKHAR HUSSAIN and others
VS
DADEX ENTERNIT and others
Law: Companies Ordinance, 1984
Section: 7,7(1)(2),305,307
Companies Ordinance (XLVII of 1984)---Ss. 7(1)(2), 305 & 307 Winding up of company Bifurcation of prayer clause and transferring the same to another Court ¬Application for Maintainability Jurisdiction of Court to entertain such petition at Lahore was objected to by the Company on the ground that its registered office was at Karachi Petitioner did not deny claim of company qua the location of its registered office, but contended that his prayer with regard to products being sold in Punjab be retained, while rest of his claim be bifurcated and referred to Sindh High Court ¬ Validity High Court hawing jurisdiction in the place at which registered office of the Company was situated, could entertain any matter under the Companies Ordinance, 1984 Neither prayer clause admitted of any such bifurcation as prayed for nor High Court could legally bifurcate any matter and refer a part of the same to another Court of equal jurisdiction Le. Sindh High Court Winding up petition was returned to the petitioner for its filing before Sindh High Court, if so advised. Muzaffar Ali Awan v. Messrs Pioneer Alliance (Pvt.) Limited PLD 1989 Lah. 106 and Muhammad Usman v. M/s. The Taj Company Limited 1992 CLC 1737 rel. ORDER In this petition under sections 297, 305 to 357 of the Companies Ordinance, 1984 for the winding up of the respondent No.1, Messrs Dadex Eternit Limited, the following prayer has been made: "Wherefore, it is prayed that in order to arrest plunder and fraud and to protect public interests this Company be ordered wound up and all necessary and related relief be generously granted including exemplary interim declaratory and injunctive relief plus indemnity and punitive costs. An honest to goodness Liquidator or Administrator (not related to Establishment progeny) should also be appointed. Other, different and additional relief be also granted as is regarded just and proper by the Hon'ble Court. Right to add parties and file Amended Applications is humbly reserved. Managing Director of Dadex Enternit gasim Dada is an influential billionaire with several politicians in his humble deep pockets, nonetheless he be ordered administered Lie Detection tests under Article…
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