Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: Syed ARSHAD ALI and 55 others VS Respondent: PAKISTAN TELECOMMUNICATION COMPANY LTD. through President and 8 others
Court Name: Sindh High Court Judge(s): Sabihuddin Ahmed, Faisal Arab Title:Syed ARSHAD ALI and 55 others vs PAKISTAN TELECOMMUNICATION
COMPANY LTD. through President and 8 others Case No.: Constitutional Petition No.D-2086 and Misc. No.8139 of 2006 Date of Judgment:2006-12-13 Reported As: PLD 2007 Karachi 214 Result: Order accordingly Judgment ORDER ' A preliminary objection as to the maintainability of this petition was raised by Mr. Sakhiullah Chandio on the ground that respondent No.1 Company has been privatized and, therefore, a petition under Article 199 of the Constitution against the aforesaid respondent is not maintainable. Upon information sought learned counsel stated that 62% shares in the company continued to remain with the Federal Government (respondent No.8) but 26% were transferred to the proposed buyer' of controlling shares i.e. Respondent No.3. However, the managerial control was effectually transferred to the proposed buyer to the extent or 58.43% shares. We are prima facie inclined to take the view that the proposed buyer under the present state of affairs is only exercising A managerial control on behalf of the owner which is the Federal Government and, therefore, the petition under Article 199 is maintainable. ' The questions raised in the petition require consideration and we would accordingly admit it and fix it for regular hearing on 16-2-2007 at 11.00 a.m. However, the questions of its maintainability may not be treated fore-closed and also be raised at the final hearing.