Full Judgment Text & Judicial Ruling

2002 C L D 1485

2002 C L D 1485

[Supreme Court of Pakistan]

Present: Iftikhar Muhammad Chaudhry and Rana Bhagwandas, JJ

INDUSTRIAL DEVELOPMENT BANK OF PAKISTAN‑‑‑Petitioner

versus

Messrs VALIBHAI KAMARUDDIN and others‑‑‑Respondents

Civil Petition for Leave to Appeal No. 17‑K of 2000, decided on 24th February, 2000.

(On appeal from the judgment dated 14‑10‑1999 passed by High Court of Sindh in H.C.A. No. 138 of 1990).

Companies Ordinance (XLVII of 1984)‑‑‑

‑‑‑‑S. 10(1)‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑ Appeal‑‑‑Maintainability‑‑‑Winding‑up of company‑‑‑High Court dismissed appeal of petitioner being not competent‑‑ Validity‑‑‑Leave to appeal was granted by Supreme Court to examine; whether appeal before Division Bench of High Court against order of Company Judge was competent or before Supreme Court.

Muhammad Bakhsh v. Pakistan Industrial Credit Investment Corporation Limited and others 1999 SCMR 25 ref.

A.I. Chundrigar, Advocate Supreme Court and Ali Akbar, Advocate‑on‑Record (absent) for Petitioner.

Afsar Abidi, Advocate Supreme Court and A. Aziz Khan, Advocate‑on‑Record (absent) for Respondents.

Date of hearing: 24th February, 2000.

ORDER

IFTIKHAR MUHAMMAD CHAUDHRY, J.‑‑‑In this petition, leave to appeal has been prayed against the order dated 14th October, 1999 passed by learned Division Bench of High Court of Sindh whereby appeal instituted by the petitioner under section 10 of the Companies Ordinance has been dismissed being not competent.

2. Mr. A.I. Chundrigar, learned counsel for petitioner contended that this Court has already granted leave to appeal in the case of Muhammad Bakhsh v. Pakistan Industrial Credit Investment Corporation Limited and others (1999 SCMR 25) to examine the question about maintainability of the appeal filed under section 10(1) of the Companies Ordinance either before this Court or an Intra‑Court Appeal before the same High Court.

3. Mr. Afsar Abidi learned counsel for caveator when confronted with the judgment relied upon by the petitioner's counsel consented for grant of leave because same question concerning interpretation of section 10(1) of the Companies Ordinance, 1984 regarding competency of appeal before the Supreme Court or an Intra‑Court Appeal in the High Court against an order passed by a Company Judge is involved in the case in hand as well.

Thus in view of the arguments put forth by the learned counsel for the petitioner and also following the leave granting order in the case of Muhammad Bakhsh (1999 SCMR 25) we are inclined to grant leave to the petitioner to examine as to whether the appeal before Division Bench of the High Court against order of the Company Judge was competent or before Supreme Court or otherwise.

Office may solicit approval of Hon'ble Chief Justice for enlisting instant case before the same Bench hearing appeal arising out of Civil Petition for Leave. to Appeal No.535‑K of 1998 to avoid possibility of contradictory decisions as identical question of interpretation of section 10(1) of the Companies Ordinance is involved in both these matters.

C. M. No.139 of 2000. Notice. Pending decision of the appeal operation of impugned order passed by High Court dated 14th October, 1999 in H.C.A. No.138 of 1990 is stayed.

S.M.H./M.A.K./I‑31/S

Leave granted.

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