MANDVIWALLA BUILDERS AND DEVELOPERS vs M. AWAIS SHEIKH CEO MANGLA VIEW RESORT AND MANGLA GARRISON HOUSING (PVT — 2023 CLD 885 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 CLD 885 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: CLD
Parties: MANDVIWALLA BUILDERS AND DEVELOPERS vs M. AWAIS SHEIKH CEO MANGLA VIEW RESORT AND MANGLA GARRISON HOUSING (PVT
Subject matter: Civil
Provisions referred to: Civil Procedure Code (V of 1908); Companies 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

MANDVIWALLA BUILDERS AND DEVELOPERS VS M. AWAIS SHEIKH CEO MANGLA VIEW RESORT AND MANGLA GARRISON HOUSING (PVT.) LIMITED Ss. 5(1), 21 & 286---Civil Procedure Code (V of 1908), O. VII, R. 10---Petition for winding up of company---Return of plaint---Territorial jurisdiction of (Lahore) High Court---Scope---Registered office of a company---Section 5(1) of the Companies Act, 2017 ('the Act') unequivocally provides that the jurisdiction shall be determined on the basis of place of the "registered office" of the company situated in the territorial jurisdiction of the respective High Court---Thus, location of registered office of a company carries pivotal role and status while determining territorial jurisdiction of the Court dealing with company matters---Section 21 of the Act elucidates that the registered office will be the one where all communications and notices would be addressed to the company---All issues arising out of the "Act" are to be dealt with by the Company Judge of a Court having jurisdiction at the place where the registered office of the Company is situated, which in the present case was "Lahore High Court, Lahore (Principal Seat)", where admittedly the registered office of the petitioner-company is located---Since registered office of the petitioner-company is situated at Lahore, therefore, Rawalpindi Bench of the (Lahore) High Court lacks jurisdiction to entertain the present petition---Application was allowed and it was directed that the present petition be returned to the petitioners to be filed before the Company Judge at Principal Seat of the Lahore High Court, if so advised.

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