| Case ID |
43b74475-6dfa-4737-88ee-ed4098abfb1a |
| Body |
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| Case Number |
Appeals Nos. 59 to 83 of 2016 |
| Decision Date |
May 18, 2017 |
| Hearing Date |
Apr 13, 2017 |
| Decision |
The case was remanded to the Assistant Registrar of Companies, SECP, for reconsideration, as important aspects necessary for a just adjudication had not been considered. The competent authority directed the companies involved to change their names within 30 days due to the close resemblance with the name of already registered Popular Group of Companies. The Appellants' argument regarding jurisdiction was noted, but the Appeals were upheld, and the matter was sent back for fresh evaluation with all relevant parties present. |
| Summary |
This case revolves around the rectification of company names that were inadvertently registered with similarities to an already established entity, Popular Group of Companies. The Appeals Nos. 59 to 83 of 2016 highlight the importance of proper company registration practices under the Companies Ordinance, 1984, and the SECP Act. The decision emphasizes the need for thorough evaluation of cases involving potential trademark similarities and company names to avoid confusion in the market. The court's directive for a fresh hearing underscores the legal principle of ensuring all parties have the opportunity to present their claims to achieve justice. This case is significant for businesses and legal practitioners navigating company registration and trademark issues. |
| Court |
Securities and Exchange Commission of Pakistan
|
| Entities Involved |
Securities and Exchange Commission of Pakistan,
Popular Group of Companies
|
| Judges |
ZAFAR ABDULLAH, COMMISSIONER (SCD),
FIDA HUSSAIN, COMMISSIONER (INSURANCE)
|
| Lawyers |
Asad Manzoor Butt,
M. Wasim,
Mubasher Saeed, CCD,
Ms. Beenish Waqas, CCD,
Idrees Ashraf,
Kamran Mughal
|
| Petitioners |
24 OTHERS,
POPULAR SPORTS LTD.
|
| Respondents |
ANOTHER,
ASSISTANT REGISTRAR OF COMPANIES, SECP LAHORE
|
| Citations |
2018 SLD 269,
2018 CLD 268
|
| Other Citations |
Sialkot International Container Terminal Limited through Company Secretary v. Ms. Sidra Mansur, Joint Registrar, Company Registration, Appeal No. 34 of 2015
|
| Laws Involved |
Companies Ordinance, 1984,
Securities and Exchange Commission of Pakistan Act, (XLII of 1997)
|
| Sections |
38,
33
|