TOTAL PARCO PAKISTAN LTD. AND TOTAL OIL PAKISTAN (PVT.) LTD. vs Ss — 2023 CLD 241 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 CLD 241 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: CLD
Parties: TOTAL PARCO PAKISTAN LTD. AND TOTAL OIL PAKISTAN (PVT.) LTD. vs Ss
Subject matter: Criminal
Provisions referred to: S. 151---S; S. 287; Civil Procedure Code (V of 1908); Companies Ordinance; Property Act; Registration Act; Stamp Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

TOTAL PARCO PAKISTAN LTD. AND TOTAL OIL PAKISTAN (PVT.) LTD. VS Ss. 284, 285, 286, 287 & 288---Sindh Chief Court Rules (O. S.), Rr. 777, 778, 779 & 780---Company (Court) Rules, 1997, Form 21---Civil Procedure Code (V of 1908), S. 151---Scheme of Arrangement---Implementation---Transfer fee of properties adjusted in Scheme of Arrangement---Petitioner company was aggrieved of demand of transfer fee raised by authorities with regard to properties received as a result of Scheme of Arrangement from "Transferor Company"---Validity---Form 21 of Companies (Court) Rules, 1997 provided that all liabilities and duties of transferor company were to be transferred without further act or deed to transferee company---Such was pursuant to S. 287(2) of Companies Ordinance, 1984 transferred to and became liabilities and duties of transferee company---Such was not a conveyance or sale deed under Transfer of Property Act, 1882, which required registration and stamping under Registration Act, 1908 and Stamp Act, 1899, before Sub-Registrar---Scheme of Arrangement was not required to be registered under enactments of Registration Act, 1908 and Stamp Act, 1899, before Sub-Registrar---Such was approved by a Court of law as an instrument confirming scheme and forwarded to any authority concern in the format as defined in Form "A"---Transfer under Scheme of Arrangement was not in pursuance of Land Grant Policy, therefore, charges as were claimed for transfer of plot were not applicable on such count also---High Court directed the Authority that claim of transfer fee from merged entity in respect of plot was unjustified and unlawful---Application was allowed in circumstances.

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