Law: Companies Ordinance, 1984

Section: 40

Civil Procedure Code (V of 1908)--S. 12(2) & O.V, Rr. 10, 12 & 13---Companies Ordinance (XLVII of 1984), S.40(3)---Decree, setting aside of---Misrepresentation---Service of process---Proof---Change of name of company---Effect---Decree passed against applicant-company was sought to be set aside on the ground that process was not served on it as it had changed its address and name---Validity---Summonses sent to applicant-company were received by its officials putting seal of the company---Applicant did not specifically deny that officials of the company, who received summonses, were not in its employment---In absence of such specific denial it could not be presumed that no summons was served upon applicant---Protection under S.40(3) of Companies Ordinance, 1984, to such legal proceedings were provided which had been continued or commenced against the company by its former name---Applicant ­company failed to demonstrate any fraud or misrepresentation in service of summonses upon applicant and thus decree was not set aside--Application was dismissed in circumstances. JUDGMENT NADEEM AZHAR SIDDIQI, J.---The applicant/petitioner by filing this judicial miscellaneous application has prayed for setting aside the ex parte judgment dated 13-5-2003 and the decree passed in Suit No.1180 of 2002. The brief facts necessary for disposal of this judicial miscellaneous application are that the applicant claims that the name of Thar Sugar Mills was changed on 15-11-2000 with the approval of Deputy Registrar of Companies and the applicant has shifted its office from previous premises to the present premises on 1-5-2003 and service of Ch. Jawad Afzal was terminated in 2001 and Bak Khattak was retired in 2002. The respondent No.1 has not filed the suit against the applicant but against Thar Sugar Mills and against the ex-employees of the applicant knowingly that they are not in service and that summonses were issued against Thar Sugar Mills which was never served upon the applicant while the applicant was aware about the change of name of applicant. It was stated in the application that on the basis of collusive reports the respondent No.1 has got ex parte decree against…

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