| Case ID |
02c4e714-ca48-40df-87b6-783242b576bd |
| Body |
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| Case Number |
C.M.A. No.7010 of 2012 in Suit No.1458 of 2011 |
| Decision Date |
Dec 07, 2012 |
| Hearing Date |
Oct 18, 2012 |
| Decision |
The High Court dismissed the application moved under Order VII, Rule 11 of the Civil Procedure Code by the defendants claiming that the suit was not maintainable under the Companies Ordinance, 1984. The court found that the plaintiff had raised multiple allegations that required evidence and could not be dismissed on technical grounds. The court emphasized that the rejection of the plaint on such grounds would deprive the plaintiff of their legitimate right to seek redress. The court ruled that the plaintiff's claims, including damages and the appointment of a receiver, were valid and could not be dismissed without a hearing on the merits. |
| Summary |
This case revolves around a dispute within Ahmed Foods Pvt. Ltd., where the plaintiffs, who are major shareholders and directors, alleged that other defendants were acting against the company's interests. The plaintiffs claimed that the defendants had shut down the factory, mismanaged resources, and transferred operations to a competing entity, A.Q. Enterprises. The plaintiffs sought a declaration, permanent injunction, damages, and the appointment of a receiver to safeguard the company's interests. The court analyzed the provisions of the Companies Ordinance, particularly sections 263 and 290, as well as relevant provisions of the Civil Procedure Code and Specific Relief Act. The ruling highlighted the necessity for a full examination of the facts and disputes raised, emphasizing that such matters should not be resolved through technical dismissals but rather through substantive hearings. This case underscores the importance of protecting minority shareholders' rights and ensuring fair management practices within companies. |
| Court |
Sindh High Court
|
| Entities Involved |
Ahmed Foods Pvt. Ltd.,
A.Q. Enterprises
|
| Judges |
MUHAMMAD ALI MAZHAR
|
| Lawyers |
Faisal Kamal,
Sami Ahsan,
Khalid Dawoodpota,
Salman Hamid Advocate
|
| Petitioners |
ANOTHER,
NAJAMUDDIN ZIA
|
| Respondents |
OTHERS,
MST. ASMA QAMAR
|
| Citations |
2013 SLD 1049 = 2013 CLD 1263
|
| Other Citations |
Jogesh Chandra Majumdar v. Durga Mohan Chakrabarty and others AIR 1932 Calcutta 714,
Karnal Distillery Co. v. Ladli Parshad AIR 1958 Punjab 190,
Brother Steel Mills Ltd. and others v. Mian Ilyas Miraj and others PLD 1996 SC 543,
Haroon Ayoob Abdul Karim v. Sulleman Ahmed and others 1983 CLC 162,
AIR 1941 Madras 354,
2003 SCMR 132,
Messrs Chalna Fibre Co. Ltd. Khulna and others v. Abdul Jabbar and others PLD 1968 SC 381,
Muhammad Yasin Fecto v. Muhammad Raza Fecto and others 1998 CLD 237,
Registrar of Companies v. Pakistan Industrial and Commercial Leasing Ltd. and others 2005 CLD 463,
Mst. Bano alias Gul Bano and others v. Begum Dilshad Alam and others 2011 CLC 88
|
| Laws Involved |
Companies Ordinance, 1984,
Civil Procedure Code, 1908,
Specific Relief Act, 1877
|
| Sections |
263,
290,
292,
O.VII, R.11,
42,
54
|