| Case ID |
38b29823-07a3-4b57-89d9-b8af61b593db |
| Body |
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| Case Number |
Civil Appeal No.650 of 1997 and Civil Petition No. |
| Decision Date |
Apr 02, 2002 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan allowed the appeal, set aside the impugned order dated 4th April, 1997, and the orders dated 5th May, 1997 and 22nd September, 1998. The case was remanded to the learned Company Judge of Lahore High Court for a fresh decision within 90 days. The court highlighted the importance of due process and the necessity of proper notice to the appellants at their changed address. The judgment emphasized that decisions on merits should be encouraged over technical dismissals, ensuring justice is served. |
| Summary |
In the Supreme Court of Pakistan, the case of Mehr Textile Mills Ltd. vs. Investment Corporation of Pakistan involved significant issues around the service of notice for winding up a company under the Companies Ordinance, 1984. The appellants contended that they were not properly served at the changed address of their registered office, while respondents claimed that notice was served through publication and direct notices. The Supreme Court ruled in favor of the appellants, emphasizing the need for fair legal processes and the right to defend against winding up proceedings. This case highlights the critical nature of proper notice in legal proceedings, affirming the principles of justice and due process. The court's decision to remand the case for a fresh hearing underscores the judiciary's commitment to ensuring that litigants receive a fair opportunity to present their case, free from procedural injustices. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
|
| Judges |
IFTIKHAR MUHAMMAD CHAUDHRY,
RANA BHAGWANDAS,
SARDAR MUHAMMAD RAZA KHAN
|
| Lawyers |
Ch. Afrasiab Khan,
Ch. Akhtar Ali,
Ashtar Ausaf Ali,
M.A. Zaidi,
Hamid Farooq Durrani
|
| Petitioners |
MEHR TEXTILE MILLS LTD.
|
| Respondents |
INVESTMENT CORPORATION OF PAKISTAN AND OTHERS
|
| Citations |
2005 SLD 370,
2005 CLD 1026
|
| Other Citations |
Not available
|
| Laws Involved |
Companies Ordinance, 1984
|
| Sections |
305
|