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Judicial Miscellaneous Application No. 12 of 1984, decided on 27th May, 1985.

Companies Act (VII of 1913)--

---S.12(2)--Application for change of place of registered office of company from K to L--Notice of application published in newspapers and served on quarters concerned as per bailiff's report--No substantial objection filed from any quarter--Application granted.

Mansoor-ul-Arfin for Petitioner.

Date of hearing: 27th May, 1985.

This is an application under section 12 (2) of the Companies Act, 1913 for change of place of the registered office of Aizad Beverage Industries Limited (hereinafter called the Company) from Karachi (Sins) to Lahore (Punjab) as per Special Resolution, stated to have been passed by the share-holders of the Company at their meeting held on 7-2-1984.

2. The Deputy Registrar, Joint Stock Companies, Karachi in his statement dated 17-5-1984, has minted out that the registered office of the Cqmpany is situated at 4, Karachi Chambers, Hasrat Mohani Road, Karachi, and No.4, Qamar House, M.A. Jinnah Road, Karachi as stated in..-the application. He has further pointed out that the nominal capital fif the petitioner is Rs.20,00,000 divided into 20,000 shares of Rs.100 each and its paid-up capital is Rs.7,50,000 and that the Habib Bank Limited, Karachi and Dubai Bank Limited, Karachi are the creditors of the petitioner-Company.

3. Mr. Mansoor-ul-Arfin the learned counsel for the petitioner has placed on 7-6-1984, a statement on record of this case stating that in view of the statement submitted by the Deputy Registrar, Joint Stock Companies, Karachi, the petitioner-Company submitted therewith a "no-objection certificate' from the Habib Bank Limited, who are one of the creditors. Mr. Mansoor-ul-Arfin states that he forget to annexe the certificate which he has now, with the permission of the Court, placed on the record. The no-objection certificate reads as follows :-

Please refer to your request letter No. NIL dated 28-5-1984 addressed to our Circle Executive on the above subject.

In this connection we are pleased to inform that we have no objection in connection with transfer of your registered office from Karachi to 95-L, Faisal Town, Lahore."

4. Notice of the application was published in daily Morning News dated 20-4-1984. It was also issued to Dubai Bank Limited on 20-5-1985, persuant to the order of the Court dated 19-5-1985 and was served on them on 23-5-1985, as per Bailiff's report. No objections have been filed by them or anyone else.

5. As regards the discrepancy in nominal capital and paid-up capital of the company as pointed out by the Deputy Registrar, Joint Stock Companies, Karachi, it is submitted by Mr. Mansoor-ul-Arfin that he has mentioned the number of shares in paragraph 4 of the Petition from the Memorandum of Association, but the authorised capital was subsequently increased although the issued and paid-up capital remained the same i.e. Rs.7,50,000.

6. As regards mentioning of the Karachi address by the Deputy Registrar It is submitted that the discrepancy is of no material consequence so far as this petition is concerned. I agree with him.

7. Since there is no substantial objection from any quarter 1 grant the application and permit the petitioner to change the place of their registered office from Karachi (Sins) to Lahore (Punjab).

M. Y. H.

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