1. 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.
2. 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.
3. 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.