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1987 CLC 2351

Mullick AGHA SAFDAR vs Messrs Mullick WILAYAT HUSSAIN COMPANY and

Citation1987 CLC 2351
CourtSindh High Court
Judge(s)Saeeduzzaman Siddiqui
ResultPetition dismissed

1. ' 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, 1982 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.

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