Prof. Dr. Amir Bux Channa & Another (Appellant) VS Isra Islamic Foundation (Guarantee) Ltd & Others (Respondent)

ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

HCA NO. 426 / 2022

Date Order with signature of Judge

For Direction.

For orders on office objection No.1 as flagged “A” a/w reply as flagged “B” regarding maintainability of this Appeal (if office objection is overruled or differed then fix for other purpose.

M/s. Khawaja Shamsul Islam & Imtiaz Ali Shah, Advocates for Appellants.

M/s. Hussain Ali Almani, Sameen Hayat & Sami-ur-Rehman Khan, Advocates for Respondent No.1.

M/s. Abid S. Zuberi & Ayan Mustafa Memon, Advocates for Respondent No.2.

Mr. Rashid Anwar, Advocate for Respondent.

Office has raised an objection regarding maintainability of this Appeal on the ground that in view of Section 6(14) of the Companies Act, 2017, the remedy lies before the Hon’ble Supreme Court by way of a petition for leave to appeal, and after hearing the learned Counsel, in our considered view, the objection ought to be sustained; however, before passing any order, we have offered the Appellants Counsel not to press this Appeal failing which cost(s) may be imposed. To this learned Counsel has not agreed.

Heard. For reasons to be recorded later on, this Appeal is dismissed in limine as being incompetent and not maintainable with cost of Rs. 100,000/- to be deposited by the Appellants within four weeks from today in the account of Sindh High Court Clinic.

JUDGE

JUDGE

Arshad/