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SALAHUDDIN KHAN versus FRONTIER SUGAR MILLS AND DISTILLERY LTD


Article 185 (3) The settlement of the appeal agreement was in the interest of the defendant company between the parties and the appeal was settled in terms of the agreement [appeal (civil) agreement].

1977 SCMR 223

Present : Muhammad Yaqub Ali, C. J., Anwarul Haq, Dorab Patel

and Muhammad Haleem, JJ

SALAHUDDIN KHAN‑Appellant

Versus

FRONTIER SUGAR MILLS AND DISTILLLERY LTD.

AND OTHERS Respondents

Civil Appeal No. 81 of 1976, decided on 24th November 1976.

(On appeal from the judgment and order of the Peshawar High Court, Peshawar, dated 16-7‑1976, in Writ Petition No. 109 of 1976).

Constitution of Pakistan (1973)‑--

---Art. 185(3)‑Appeal‑Compromise ‑ Compromise reached at bet ween parties in interest of respondent‑Company‑Accepted and appeal disposed of in terms of compromise.‑[ Appeal (Civil)‑Compromise].

Ihsanul Huq, Advocate and Merajuddin Chaudhary, Advocate‑on‑Record for Appellant.

S. M. Zafar, Senior Advocate. Zahoorul Haq. Advocate and Yaquh Hassan Zaidi, Advocate for Respondents.

Date of hearing : 24th November 1976.:

ORDER

MUHAMMAD YAQUB ALI, C. J.‑

In a spirit of accommodation the parties who represent both groups of shareholders and in the interest of smooth functioning of the Company, the parties have arrived at the following settlement and they agree to abide by it both in letter and spirit:‑

(1) Both the parties accept that the agreement dated 4th January, 1976 arrived at in a meeting held at the Governor's House, Peshawar, and later incorporated in the minutes of the Directors, meeting held on the 7th January, 1976, is binding on the parties.

(2) In accordance with the aforementioned agreement, the following shall continue as Directors of the respondent‑ Company:‑

(1) Taj Muhammad Khandzada.

(2) Salahuddin Khan.

(3) Sairab Hayat Khan.

(4) Dost Muhammad Khan.

(5) Sadullah Khan.

(6) Asad Kbanzada.

(7) Begum S. Khanzada.

(8) Abdul Hameed Khan.

(9) Muhammad Yaqoob Khan.

(10) Major‑Genl. (Retd.) Jahanzeb Khan.

These Directors shall hold office until 31st January 1978, unless they or any, of them is sooner removed or ceases to hold office in accordance with law.

(3) The respondents undertake to withdraw the orders dated 5.5‑1976 and 16-8‑1976 by which the appellant was suspended and later removed from the office of the Chief Executive of the respondent Company. A resolution to this effect will be passed within a week.

(4) The appellant shall continue to hold office of the Chief Executive of the respondent‑Company till 31st January, 1978, unless sooner removed or he ceases to hold office in accordance with law. He will perform his duties and functions as Chief Executive of the Company in accordance with law and the decisions taken by the Board of Directors' in accordance with law.

(5) The books of the Company shall be returned to the registered office of the Company by the appellant and they shall not be removed from there except in accordance with law.

As the compromise is in the interest of smooth functioning of the Company, we accept the same and dispose of the appeal in terms thereof leaving the parties to bear their own costs.

Order accordingly.

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