Case Details

Citation(s)
2010 SLG 531 2010 SLD 531 2010 YLR 3294

Miscellaneous No. 25 and C.M.A. No.1090 of 2009, decision dated: 30-08-2010

Aziz A. Munshi and Abdullah Munshi for Petitioner No. 1. Arshad Tayabali and Muhammad Shahid for Petitioner No. 2. Khalid Anwar for
Respondents Nos. 1 to 4. Makhdoom Ali Khan for
Respondent No. 5. Kh. Shoaib Memon for
Respondent. Ejaz Ahmed for
Respondent No. 9.

SIRAJ KASSAM TELI AND 3 OTHERS

VS

BASHIR ALI MUHAMMAD AND 8 OTHERS

Law:

Section:

(a) Constitution of Pakistan (1973)---Art. 204--- Contempt jurisdiction, exercise of---Scope stated. Contempt jurisdiction ought to be sparingly exercised and should not be allowed to be used for settling private scores. It is of the utmost importance that a committal for contempt should not be made unless the disobedience shown is of such a serious nature as to indicate that the alleged contemnor is deliberately out of flout. C.P. No.D-42 of 1999 fol. (b) Contempt of Court Act (LXIV of 1976)--S.3---Companies Ordinance (XLVII of 1984), Ss. 290, 233 & 305---Constitution of Pakistan (1973), Art. 204---Pendency of petition for appointment of Investigative Auditor---Interim order of court directing respondents-directors not to hold General Body Meeting without its clear order and restraining both parties and their counsel from publicizing such pending proceedings---Issuance of Annual Report by company to its shareholders and stock exchanges containing opinion of counsel of respondents-directors that company had a strong case, and that there was every likelihood that petitioner would not be found entitled to relief prayed for---Contempt application--- Plea that respondents by publishing such Report had pre judged adjudication, which amounted to interference with course of justice---Maintainability---Respondents had neither done any act with intention to obstruct administration of justice nor scandalized a Judge of High Court---Respondents had not disobeyed or disregarded or committed wilful breach of a valid undertaking given to High Court while passing such restraint order---No proceedings pending in High Court had been published---Opinion/advice of a counsel to his client could not be said to be pre- ---Such opinion/advice of respondents' counsel was not certain and definite---Respondents had obtained services of very senior counsel of the country in such petition and one could expect from them to give an opinion/advice regarding a strong case or likelihood of success or defeat in any case---Main petition, wherein such restraint order was passed, had already been dismissed---Issuance of such report was requirement of S. 233 of Companies Ordinance, 1984 and…
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