| Citation(s) |
|---|
| 2005 SLG 358 2005 SLD 358 2005 CLD 747 |
Sindh High Court
J. Miscellaneous Nos. 48 of 2000, 3 and 23 of 2001, 1 of 2002 and C.M. No.1587 of 2003, decision dated: 10-08-2004
ATA-UR-REHMAN, JUSTICE
Naraindas Motiani for Petitioner (in J. Miscellaneous No. 3 of 2001). Nadeem Azher Siddiqui for
Respondent (in J. Miscellaneous No. 3 of 2001). Badar-ud-Din Vellani Amicus Curaie (in J. Miscellaneous No. 3 of 2001). Anwar Mansoor Khan for Petitioner (i
J. Miscellaneous Nos. 48 of 2000, 3 and 23 of 2001, 1 of 2002 and C.M. No.1587 of 2003, decision dated: 10-08-2004
ATA-UR-REHMAN, JUSTICE
Naraindas Motiani for Petitioner (in J. Miscellaneous No. 3 of 2001). Nadeem Azher Siddiqui for
Respondent (in J. Miscellaneous No. 3 of 2001). Badar-ud-Din Vellani Amicus Curaie (in J. Miscellaneous No. 3 of 2001). Anwar Mansoor Khan for Petitioner (i
RAUF BAKSH KADRI AND OTHERS
VS
M/S. NATIONAL TECHNOLOGY DEVELOPMENT CORPORATION LTD. AND OTHERS
Law: Companies Ordinance, 1984
Section: 9
(a) Companies Ordinance (XLVII of 1984)--Ss. 9, 290, 291, 292, 305, 309, 152, 161 & 233--¬Companies (Court) Rules, 1997, R.7---Civil Procedure Code (V of 1908), O.I, R.1---Five different petitions/applications were filed before the High Court one under Ss. 290, 291 & 292, Companies Ordinance, 1984 for rendition of accounts/division of assets and properties of the company praying therein for directions to respondent to make payment of dividends declared in past as well as payment of future dividends to the petitioner, and not to restrain them from entering the factory premises and inspect its accounts and operations etc; second petition under S. 309 read with S.305, Companies Ordinance, 1984 was filed for winding up of Company, inter alia, praying therein for appointment of a Liquidator to take over the assets and accounts of the company including alt assets of the respondents that had been secured and made from the funds of the Company; third application was moved under O.I, R.1, C.P.C. by the first petitioner on similar grounds praying to be joined in as an intervener; fourth petition was filed under S.152, Companies Ordinance, 1984 by a Company for rectification of the Register of the Members and for entering their names as Member claiming to be the holder of 1,800,000 shares having purchased the same and fifth petition was filed under Ss. 161 & 152 read with Ss. 290 & 233, Companies Ordinance, 1984 praying therein for directions to convene an Extraordinary General Meeting of the Members for holding election of the Directors on the basis of their share holding, and for rectification of the Register of Members in line with last filed Form A by the respondent based on the transactions recorded in the petition---Respondents raised a common plea that the disputes involved in the present cases were intricate questions of facts which could only be decided in a full-fledged inquiry in a civil suit and not through such petitions and applications which were to be adjudicated in a summary procedure under S.9(3), Companies Ordinance, 1984; that S.9 of the Ordinance provided that all proceedings were taken to be in summary manner and as a result the…
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