Lawyers Directory Listing
Unlock direct contact details for up to 10 lawyers so you can call or WhatsApp the right legal professional and move your matter forward with confidence.
Judicial Miscellaneous Application No.5 of 1985, decided on 28th September, 1986.
‑‑‑ S. 76‑‑Annual general meeting of company‑ ‑Petition for direction to hold such meeting‑ ‑Petitioner praying for issuance of directions to company to hold annual general meeting for respective year, alleging that company did not hold any general meeting in that year and record showing such meeting was fabricated and bogus which should be so declared by Court‑‑Such allegation, held, could not appropriately be decided in proceedings under S. 76 of the Act‑‑Petition was dismissed leaving petitioner at liberty to seek any other remedy which might be available to him under law.
Abid Hussain for Petitioner.
Nemo for Respondents.
Date of hearing: 28th September, 1986.
This petition under section 76 of the old Companies Act (now section 158 of the Companies Ordinance, 1984) is filed by the applicant petitioner with a prayer that the respondent company be directed to hold the annual general meeting in accordance with law for the year 1982. It appears that prior to the filing of this petition the petitioner had moved the High Court of Quetta but the petition was dismissed on the ground of jurisdiction as the registered office of the Company was shifted to Karachi. The grievance of the petitioner appears to be that no annual general meeting was held in the year 1982 although such meeting was held for the subsequent year on 19th March, 1983. It also appears to be the case of the applicant that since no annual general meeting was held in the year 1982 the Registrar refused to accept the "E" form submitted in respect of the meeting held on 19th March, 1983 whereupon the respondent allegedly fabricated the record with regard to the alleged meeting of 29th June, 198W and submitted "E" form. Be that as it may, the record placed before me shows that "E" form filed in respect of the meetings held on 29th June, 1982 as well as 19th March, 1983 were accepted by the Registrar which prima facie establishes holding of such meeting by the company. The allegations of petitioner that the record relating to the annual meeting of the 29‑6‑1982 is fabricated and bogus cannot appropriately be decided in the present proceeding. This petition is accordingly dismissed but the petitioner will be at liberty to seek such other remedy as may be available to him in this regard under the law. There will be no order as to costs.
H . B : T . /A‑100/ K Petition dismissed
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer