Law: Companies Ordinance, 1984

Section: 305

Companies Ordinance (XLVII of 1984)--Ss. 305 & 309 Companies (Court) Rules, 1997, R.76 ¬Winding up of company Notice, service of Change of address of registered office of company Administration of justice Grievance of appellants was that the notices for winding up of the company were not served on the changed address of registered office of the company Contention of the respondents was that the appellants were duly served through publication in two daily newspapers besides issuing direct notices to the company as per R.76 of Companies (Court) Rules, 1997 Validity As per changed address of the registered office of the company, notices were required to be sent to it at the company office by ordinary post and, thereafter publication in newspapers of the area where the appellants run their business ordinarily No such notice was served upon the appellants at the changed address Decisions of the cases on merits were encouraged by the Courts instead of granting or refusing relief to litigants on technical points Injustice had been caused to appellants by not affording them proper opportunity to defend proceedings of winding up against it Judgment passed by Companies Judge was set aside and the matter was remanded to Companies Judge for decision afresh Supreme Court specified a date on which the parties would appear before the Company Judge without issuance of fresh notice to them Appeal was allowed. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J. Petition being No. 1371 of 1998 has been filed against the judgment dated 22nd September, 1998 passed by Lahore High Court, Rawalpindi Bench whereby Writ Petition No. 1835 of 1998 filed by petitioner company has been dismissed. Whereas Civil Appeal No.650 of 1997) has been filed against the judgment dated 5th May, 1997 passed by the Lahore High Court, Lahore whereby C.M. No. 1186 L of 1997 filed by respondents has been dismissed. 2. We have heard the learned counsel appearing for parties at length. During course of arguments following points have arisen for consideration: (i) As to whether the appellant/petitioner was duly served with the notice, issued by the learned Company Judge and the publications were made in the Newspapers of…

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