ENGRO CORPORATION LIMITED vs Ss — 2025 CLD 1211 ISLAMABAD

Case information

Citation: 2025 CLD 1211 ISLAMABAD
Court: Islamabad High Court
Year: 2025
Reporter: CLD
Parties: ENGRO CORPORATION LIMITED vs Ss
Subject matter: Civil
Provisions referred to: Civil Procedure Code (V of 1908); Civil Procedure Code; 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

ENGRO CORPORATION LIMITED VS Ss.279, 280, 281, 282, 283 & 285---Companies (Court) Rules, 1997, R. 29---Civil Procedure Code (V of 1908), O.I, R.10---Scheme of Arrangements---Impleading as party to proceedings---Pre-conditions---Applicant / Revenue authorities filed application under O. I, R. 10, C.P.C. to be impleaded in proceedings for Scheme of Arrangement filed by petitioners / companies---Validity---Application filed under the provisions of Civil Procedure Code, 1908 was not maintainable in a Company Original Petition instituted under Companies Act, 2017---Multiple prayers were not maintainable in an application for impleading as a party---Applicant could not seek to implead another person/official without being a party himself---Requirements of R. 29 of Companies (Court) Rules, 1997 were not fulfilled---Applicant failed to establish that it was a necessary and proper party for adjudication of the matter---Every person intending to appear at the hearing of a petition was required to send notice in Form No. 6 to Court and petitioners / companies or their advocates two days prior to the hearing pursuant to R. 29(1) and (2) of Companies (Court) Rules, 1997 and no such notice was sent by applicant to the Court or the petitioners / companies despite which no application for obtaining leave of the Court had been filed as per R. 29(3) of Companies (Court) Rules, 1997---High Court declined to implead revenue authorities / proposed interveners in the proceedings---Application was dismissed, in circumstances.

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