Law: Companies Ordinance, 1984

Section: 305

(a) Companies Ordinance (XLVII of 1984)---Ss. 305 & 309---Petition for winding up of Company--­Requirements---Registrar was not entitled to present a petition for winding up of the company unless prior sanction of the Authority had been obtained in that behalf---No such sanction would be given by the Authority unless the company had first been afforded an opportunity of making a representation and being heard---Where it could not be said with certainty that the statutory show-cause notice issued by the Authority was actually served upon the company, in view of such lack of proof it could riot be concluded that the company was afforded a meaningful opportunity of being heard or to move a representation before necessary sanction was granted to the Registrar---Service of show-cause notice could not be ignored in the circumstances, where it attracted penal consequences on the analogy of the principle that penal provisions were to be construed strictly--­Authority vested with quasi judicial powers connected with adjudication or determination of entitlement of rights of citizens must be vigilant and conscious while exercising its powers--­Authority, in. the present case, seemed to have passed the order without ascertaining the fact of service of show-cause notice upon the company, order of Authority whereby sanction was accorded to the Registrar for filing petition for winding up of the company was therefore, void ab initio and a nullity---Petition for winding up as prayed thus could not be granted in view of said inherent infirmity. Obedulah and 2 others v. Inspector General Frontier Crops, Quetta 1997 SCMR 1833 fol. (b) Administration of justice--- ---- Authority vested with quasi judicial powers connected with adjudication or determination of entitlement of rights of citizens must be vigilant and conscious while exercising its powers. Obedulah and 2 others v. Inspector General Frontier Crops, Quetta 1997 SCMR 1833 fol. (c) Companies Ordinance (XLVII of 1984)--- ----Ss. 305 & 309---Petition for winding up of Company---Service of show-cause notice on the company---Purpose--- Company having participated in the proceedings before the company Judge, the acts of…

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