MUHAMMAD YOUNIS vs SHAHID SURGICAL (PVT — 2024 CLD 872 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2024 CLD 872 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2024
Reporter: CLD
Parties: MUHAMMAD YOUNIS vs SHAHID SURGICAL (PVT
Subject matter: Civil
Provisions referred to: S. 5; Limitation Act (IX of 1908); Limitation 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

MUHAMMAD YOUNIS VS SHAHID SURGICAL (PVT.) LTD. Ss. 126, 136 & 160---Limitation Act (IX of 1908), S. 5 & Art. 181---Petition for rectification of register of members and to declare invalid the proceedings of a general meeting as well as election of directors, filing of---Limitation---Application for condonation of delay---Sufficient / reasonable cause---Scope---Petitioner (director / shareholder of the company) moved petition in the year 2021 challenging proceedings held in the year 2003---Petitioner also filed an application for condonation of delay on the ground that he came to know about impugned proceedings during perusal of certified true copies issued by Securities and Exchange Commission of Pakistan in the year 2020---Validity---Ground, taken by the petitioner, did not furnish a reasonable cause to compel the Court to condone the delay---Such petitions, like the present one for rectification etc., where no period of limitation is provided would be governed by Art. 181 of the Limitation Act, 1908, for which a period of three years is provided---Present petition was clearly beyond that period and challenged the transfer of shares which took place in the year 2003---Each day's delay had to be explained by the petitioner which had not been done sufficiently---Present petition being beyond the period of three years provided by law is clearly barred by statutes, which was dismissed---Consequently, main petition for rectification etc. filed in the year 2021 by the director / shareholder was also dismissed.

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