MANSOOR AHMED KHAN, DIRECTOR OF MANGLA METALS (PVT.) LTD., ISLAMABAD vs KOHSAR HYDRO LTD

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MANSOOR AHMED KHAN, DIRECTOR OF MANGLA METALS (PVT.) LTD., ISLAMABAD VS KOHSAR HYDRO LTD. S. 286---affairs of company---Cognizance by High Court---Principle---High Court can take cognizance of the matter only when it is satisfied that affairs of company are being conducted or are likely to be conducted in an unlawful manner or for that matter fraudulent manner or a manner oppressive to any of the members. Citation Name: 2025 CLD 296 HIGH-COURT-AZAD-KASHMIRBookmark this Case MANSOOR AHMED KHAN, DIRECTOR OF MANGLA METALS (PVT.) LTD., ISLAMABAD VS KOHSAR HYDRO LTD. Ss. 256, 257, 258 & 286---Investigation into affairs of company---Alternate and efficacious remedy---Disputed questions of facts---Both the parties were levelling allegations of fraud and embezzlement against each other---Validity---Petitioners invoked jurisdiction of High Court under S. 286 of Companies Act, 2017---Bulk of documents produced by both the parties required deep deliberation and investigation---Vast powers have been given to the Commission under Ss. 236, 257 & 258 of Companies Act, 2017 to investigate and inquire into such allegations of fraud---Matter should have been agitated first before relevant Commission by way of preferring an application under S. 256 of Companies Act, 2017, as the Commission was fully equipped with all powers regarding fixing criminal as well as civil liability and could investigate all disputed questions of facts by either way---Lower fora was to expose its wisdom upon the matter as efficacious modus operandi had been provided in Companies Act, 2017 for investigation of such like matter by the Commission---High Court declined to investigate and dig out the matter regarding resolution of fraud and malpractices as alternate remedy was also provided by statute for investigation of such matter, that too in absence of cogent proof---Where a right or liability is created by a statute which gives a special remedy for enforcing it, the remedy provided by the statute must be availed---Although it was not a condition precedent to move the Commission prior to filing Company petitions before High Court yet an alternate fora was provided by law to get wisdom of the same upon disputed questions of facts requiring detailed investigation as per law---Petition was dismissed, in circumstances.

MANSOOR AHMED KHAN, DIRECTOR OF MANGLA METALS (PVT.) LTD., ISLAMABAD vs KOHSAR HYDRO LTD — 2025 CLD 296 HIGH-COURT-AZAD-KASHMIR

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