MESSRS ADAGE ADVERTISING, LAHORE vs MESSRS SHEZAN INTERNATIONAL — 1970 SCMR 184

Citation: 1970 SCMR 184

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-10-20

Parties: MESSRS ADAGE ADVERTISING, LAHORE vs MESSRS SHEZAN INTERNATIONAL LTD., LAHORE

Headnotes

Case cited as 1970 SCMR 184

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Hamoodur Rahman Title:MESSRS ADAGE ADVERTISING, LAHORE vs MESSRS SHEZAN INTERNATIONAL LTD., LAHORE Case No.:Civil Petition for Special Leave to Appeal No. 46 of 1969 L. P. A. No. 356 of 1968 Date of Judgment:1969-10-20 Reported As: 1970 SCMR 184 Result: Leave refused Judgment ORDER WAHIDUDDIN AHMAD, J.-The petitioner-firm filed an appli--cation under section 162 of the Companies Act against the respondent-company for its winding-up. They alleged that they are dealing in advertisement business and undertook the publicity work on behalf of the respondent- company for advertising their products in the newspapers and through other media as their agents. In this connection they rendered service from April to September 1965, to the respondent and a sum of Rs. 58,933/72 had fallen due to them which was acknowledged by the respon--dent. But in spite of repeated demands and the notice served under the Companies Act, the respondent failed to pay the debt due from them. They, therefore, moved the West Pakistan High, Court that as the respondent-company was unable to pay its debts it may be wound up. By judgment dated the 21st November 1968, a learned Single Judge of the High Court dismissed the petition on the ground that there was a bona fide dispute between the parties about the payment of the debt. This view was also upheld by the Letters Patent Bench in Letters Patent Appeal No. 356 of 1968, decided on the 4th July…

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