SHAHID MAHMOOD & COMPANY (PVT.) LIMITED vs ZAHID MAHMOOD Ss — 2025 CLD 408 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 CLD 408 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: CLD
Parties: SHAHID MAHMOOD & COMPANY (PVT.) LIMITED vs ZAHID MAHMOOD Ss
Subject matter: Criminal
Provisions referred to: S. 197; S. 55; 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

SHAHID MAHMOOD & COMPANY (PVT.) LIMITED VS ZAHID MAHMOOD Ss.55, 136, proviso, 160 & 197 (3)---General Meeting and election of directors---Proof---Limitation to assail such meeting---Petitioners assailed extra ordinary general meeting (EOGM) and change of directors made pursuant to such meeting---Respondents contended that period to assail such meeting was thirty days---Validity---Respondents should have first persuaded or at least demonstrated with some certainty the EOGM had actually taken place and then to seek shelter of period provided by law to make their challenge---Respondents failed to file return or forms for such a long time period, and even return in terms of S. 197(3) of Companies Act, 2017 for change claimed in pursuance to so-called EOGM in question did not exist and this position was confirmed by SECP---Respondents instead of explaining reasons for non-compliance of several provisions of Companies Act, 2017 were simply seeking to escape on the basis of period to make challenge---Respondents could not even produce copy of notice, the mode adopted under S. 55 of Companies Act, 2017 or any affidavit to show date of issuance of notice of EGOM inviting all entitled to notice, attend and vote in EOGM---High Court directed the parties to hold EOGM afresh as proceedings in question were invalid---Petition was allowed in said terms, in circumstances.

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