Law: Companies Ordinance, 1984

Section: 10

Companies Ordinance (XLVII of 1984)--S. 10(1)---Law Reforms Ordinance (XII of 1972), S.3---Appeal against orders of company Judge---Forum---Expression "appeal against any order, decision or of the Court"-Connotation-Word "any"---Significance---'Appeal against art!: order, decision or of the Court" passed under the Companies Ordinance, 1984 shall lie to the Supreme Court--Where the company ordered to be wound up had a paid up share capital of not less than one million rupees; and, where the company ordered to be wound up had a paid up capital of less than one million rupees, or had no share capital, such appeal shall lie only if the Supreme Court granted leave to appeal---Intra¬-court appeal in such cases before the High Court was not competent---Word 'any' enlarged the scope and brought within its purview any order of Company Judge after the winding up---Use of multiples like 'order', 'decision' or ' against singular i.e. 'order' connoted that appeal provided in section 10(1) of Companies Ordinance, 1984 was not restricted to only to an order passed for winding up---Intent of Legislature became apparent when a specific phrase 'ordering the winding up of company' as against 'company sought to be wound up' had been used, to enlarge the scope of appeal to every decision, after the winding up of a company was ordered---Use of said word and phrase was meaningful to bring into the purview of appeal, all orders/decisions/ s passed by the Company Judge subsequent to winding up orders including the order for winding up---Impugned order in the present, was made in the course of winding up and appeal against such order did not lie before a Division Bench of High Court. Ibrahim Shamsi and 21 others v. Bashir Ahmad Memon/Official Liquidator and another PLD 2006 SC 584 = 2005 SCMR 1450; S. Muhammad Din & Sons and another v. Allied Bank of Pakistan and 5 others 1992 SCMR 1795; Mahboob Industries Ltd. v. PICIC 1998 CLC 806; Messrs Aeroflot Russian Industrial Airline v. Garry's International (Pvt.) Ltd. 2003 CLC 211; Brother Steels Mills Ltd. and others v. Mian Ilyas Miraj and 14 others PLD 1996 SC 543; Muhammad Farooq v. Messrs T.J. Ibrahim & Com. And alliance Motors…

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