2005 PLP 49 (CLD)
SABIR AHMAD and another — Petitioners Versus Messrs NAJMA SUGAR MILLS LIMITED — Respondent
| Citation | 2005 PLP 49 (CLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | SABIR AHMAD and another — Petitioners Versus Messrs NAJMA SUGAR MILLS LIMITED — Respondent |
Q1: What are the key laws and sections cited in 2005 PLP 49 (CLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2005 PLP 49 (CLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 49 (CLD) (SABIR AHMAD and another — Petitioners Versus Messrs NAJMA SUGAR MILLS LIMITED — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Dr. Parvez Hassan and Jawad Hassan for Petitioners.
- Zahoor Bashir Ansari for Respondent.
Headnotes / Summary
Ss.325, 306 & 309
Application for appointment of provisional manager
Inability of the company to meet its current demands having become commercially and technically insolvent and contention that substratum of the company had gone and that it was not meeting current demands, were relevant to the final disposal of the winding up proceedings and it was not appropriate for the Court to make a direction for appointment of provisional manager merely for the reason that a company was going in loss as all such aspects would be considered at the time of final arguments
Application for appointment of provisional manager of the company, in circumstances, was declined.
Judgment & Decree
Ss.325, 306 & 309
Application for appointment of provisional manager
Inability of the company to meet its current demands having become commercially and technically insolvent and contention that substratum of the company had gone and that it was not meeting current demands, were relevant to the final disposal of the winding up proceedings and it was not appropriate for the Court to make a direction for appointment of provisional manager merely for the reason that a company was going in loss as all such aspects would be considered at the time of final arguments
Application for appointment of provisional manager of the company, in circumstances, was declined. PICIC v. National Silk and Rayon Mills Limited PLD 1976 Lah. 1538; Maqbool Elahi v. Rasul & Co. Limited PLD 1970 Lah.539; United Bank Limited v. Pak Wheat Products Ltd. PLD 1970 Lah. 235; National Bank of Pakistan v. Punjab National Silk Mills Ltd. PLD 1969 Lah.194 and Muhammad Ismail Ali Charan v. Pak Por Creamic Limited PLD 1973 Kar. 491 ref. Dr. Parvez Hassan and Jawad Hassan for Petitioners. Zahoor Bashir Ansari for Respondent. Learned counsel for the petitioners in support of appointment of a provisional Manager relies upon re: PICIC v. National Silk and Rayon Mills Limited (PLD 1976 Lah. 1538), re: Maqbool Elahi v. Rasul & Co. Limited (PLD 1970 Lah.539), re: United Bank Limited v. Pak Wheat. Products Ltd. (PLD 1970 Lah. 235), re: National Bank of Pakistan v. Punjab National Silk Mills Ltd. (PLD 1969 Lahore 194) and re: Muhammad Ismail Ali Charan v. Pak Por Creamic Limited (PLD 1973 Kar. 491).
2. The submission made in that regard viz. inability of the respondent to meet its current demands, being commercially and technically insolvent, that substratum of the company has gone and that it is not meeting its current demands are relevant to the final disposal of the winding up. Therefore, it does not appear appropriate to make a direction at this stage merely for the reason that a company is going in loss. All these aspects will be considered at the time of final arguments. Therefore, for the moment this application cannot be granted. Dismissed. To come up for final arguments on 19-10-2004. M.B.A./S-239/L Application dismissed.