| Citation(s) |
|---|
| 2009 SLG 190 2009 SLD 190 2009 CLD 784 |
Supreme Court of Pakistan
Civil Appeals Nos.1045, 1221 of 1999 and 378 of 2003, 320 of 2004 and Civil Petition No.2450 of 2001, decision dated: 10-02-2009, hearing DATE : 24-10-2008
MIAN SHAKIRULLAH, JAN, JUSTICE ZIA PERWEZ, JUSTICE SARMAD, JALAL OSMANY, JUSTICE
Anwar Hussain Advocate Supreme Court for Appellants (in C.As. Nos.1045 and 1221 of 1999) Haq Nawaz Chatta, Supreme Court for Appellants (in C.A. No. 378 of 2003) Appellants in Person (in C.A. No. 320 of 2004) Rai Muhammad Nawaz Kharral, Advocate Suprem
Civil Appeals Nos.1045, 1221 of 1999 and 378 of 2003, 320 of 2004 and Civil Petition No.2450 of 2001, decision dated: 10-02-2009, hearing DATE : 24-10-2008
MIAN SHAKIRULLAH, JAN, JUSTICE ZIA PERWEZ, JUSTICE SARMAD, JALAL OSMANY, JUSTICE
Anwar Hussain Advocate Supreme Court for Appellants (in C.As. Nos.1045 and 1221 of 1999) Haq Nawaz Chatta, Supreme Court for Appellants (in C.A. No. 378 of 2003) Appellants in Person (in C.A. No. 320 of 2004) Rai Muhammad Nawaz Kharral, Advocate Suprem
KAMALUDDIN QURESHI
VS
ALI INTERNATIONAL CO. CIVIL APPEAL NO.1221 OF 1999 MESSRS ATARA TARPAULIN AND TEXTILE INDUSTRIES VS HABIB BANK LTD. AND OTHERS CIVIL APPEAL NO.378 OF 2003 FIRST ELITE CAPITAL MODARABA VS RAVI ENTERPRISES (PVT.) LTD. AND OTH
Law: Companies Ordinance, 1984
Section: 10,10(2)(1)
Law: Constitution of Pakistan, 1973
Section: 185(3)
(a) Companies Ordinance (XLVII of 1984)--S. 10(2)(1)---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted by Supreme Court to examine the scope of maintainability of an appeal against the order of the Company Judge exercising jurisdiction under S.10(2)(1) of the Companies Ordinance, 1984. (b) Companies Ordinance (XLVII of 1984)--- ----S. 10(2)---Appeal against Court's order---Scope and maintainability---Provisions of S.10(2) are attracted to appeals preferred in cases except the appeals against an order of winding up, which is distinct and has multidimensional effects with far reaching consequences---Principles elaborated. An order of winding up of a company encompasses activities in different spheres of economic activity and affects interests of divergent nature. The investment of share-holders and investors are at stake. The various contracts with those supplying or providing services to the company and their economic activities are affected. In case, the company is engaged in providing goods or services of essential or of daily requirements of the community, such order may cause abrupt withdrawal of all such products or services being provided by the company under liquidation. The various works undertaken by the company or under different contracts are brought to a stand still. The recovery of taxes, duties and levies resulting from the activities is discontinued, last but not the least. The entire range of creditors, suppliers, bankers, financers and employees entitled to their respective dues are also exposed to difficulties and uncertainties. No order passed under the Company Law has consequences of such diversity and magnitude. Thus, the order of winding-up being entirely distinguishable stands out on a different pedestal than any other order relating to any specific subject-matter or dispute. No order passed either before the order of winding-up or afterwards can, therefore, be equated with an order of winding up with respect to its consequence. It has been repeatedly held that the right to appeal is a substantial right. The remedy of an appeal is available only where expressly provided and in the manner it is provided. Subsection…
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