JAMHEX COMPANY (PRIVATE) LIMITED vs APPELLATE BENCH REGISTRY Ss — 2024 CLD 383 SECURITIES-AND-EXCHANGE-COMMISS

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JAMHEX COMPANY (PRIVATE) LIMITED VS APPELLATE BENCH REGISTRY Ss. 40-a & 33---Securities and Exchange Commission of Pakistan (appellate Bench Procedure) Rules 2003, R. 8---audi altrem partem, principle of---Proper and necessary party, non-impleading of---Scope---a party, to the proceedings culminating in an order-in-original, was not impleaded by the appellant while preferring appeal to the appellate Forum; deficiency letter was issued by the appellate Bench Registry to the appellant directing to implead said party as respondent being necessary party---Objection application was moved by the appellant assailing said directions/letter contenting that grievances of the party/ respondent had already been addressed through order-in-original---Validity---Principle of audi altrem partem meaning that "hear the other side" or " let the other side be heard " is a fundamental tenet of the procedural fairness ensuring that individuals be given fair opportunity to present their case, challenge evidence and respond to the arguments; it upholds the principles of justice, due process, and the protection of individual's rights---In the present case denying to implead respondent as a necessary party to the appeal would undermine the principle of dispensing justice---Furthermore, to avoid multiplicity and delay of proceedings respondent shall be impleaded as a party to the appeal---Respondent earlier remained part of the proceedings and to ensure the continuity of the proceedings warranted to make the same as a party to the appeal---If the decision of the appeal filed by the applicant was made without hearing respondent then rights of the later shall be infringed---Therefore, respondent was a necessary party to the appeal in the light of the said facts and principles---appellate Bench directed the applicant to implead respondent as a party in its appeal and to file amended memorandum of appeal within fifteen days, failing with which, appeal would not be registered---Bench further directed the respondent that upon submission of amended documents by the applicant/appellant and satisfaction of the respondents thereof, appeal of the applicant against the order-in-original shall be duly registered---Objection application filed by the appellant was disposed of accordingly.

JAMHEX COMPANY (PRIVATE) LIMITED vs APPELLATE BENCH REGISTRY Ss — 2024 CLD 383 SECURITIES-AND-EXCHANGE-COMMISSION-OF-PAKISTAN

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