| Case ID |
43f6474c-59bd-43f7-8060-3a986b069a75 |
| Body |
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| Case Number |
Suit No. 1228 of 2015 |
| Decision Date |
Oct 15, 2015 |
| Hearing Date |
Oct 13, 2015 |
| Decision |
The court dismissed the applications for temporary injunction, concluding that the plaintiffs did not demonstrate a prima facie case nor show that they would suffer irreparable harm if the injunction was not granted. The court emphasized the need for deeper appreciation of evidence and determination of merits through a trial. The plaintiffs' claims regarding the induction of defendants as parent members were found to lack sufficient evidence at this stage, and the balance of convenience favored the defendants, as permitting the injunction would disrupt the Association's functions. |
| Summary |
In the case of Sarwar Ali and others vs. Registrar of Joint Stock Companies, the Sindh High Court dealt with a dispute regarding the membership of the Pak Moharram Association. The plaintiffs challenged the induction of several defendants as parent members, claiming it was against the constitution of the Association. The court examined the requirements for granting a temporary injunction, which include the existence of a prima facie case, the potential for irreparable loss, and the balance of convenience. The court ultimately found that the plaintiffs failed to meet these criteria. This case highlights the complexities involved in civil procedure, particularly concerning membership disputes in organizations. Keywords such as 'temporary injunction,' 'civil procedure,' 'membership dispute,' and 'Sindh High Court' are relevant for search optimization. |
| Court |
Sindh High Court
|
| Entities Involved |
Pak Moharram Association (Regd.)
|
| Judges |
ABDUL RASOOL MEMON
|
| Lawyers |
Moulvi Iqbal Haider,
Yahya Khan,
S. Kazim Raza,
S. Hasan M. Abidi
|
| Petitioners |
SARWAR ALI and 8 others
|
| Respondents |
REGISTRAR OF JOINT STOCK COMPANIES and 11 others
|
| Citations |
2016 SLD 1057,
2016 CLC 1090
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O. XXXIX, Rr. 1 & 2
|