Dr. MAQBOOL KHAN vs MIR ALAM JAN KHAN Ss — 2026 CLD 322 PESHAWAR-HIGH-COURT

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Dr. MAQBOOL KHAN VS MIR ALAM JAN KHAN Ss.5(2) & 6(15)---Civil Procedure Code (V of 1908), Ss.12(2) & 151---Company dispute concerning management and affairs---Earlier determination by the High Court directing recourse to civil court on account of disputed questions of fact---Subsequent promulgation of the Companies Act, 2017---Effect on forum and jurisdiction---Exclusive original company jurisdiction of the High Court---Civil court's jurisdiction in company matters expressly barred---Scope and implications---Briefly, the petitioner initially filed a company petition before the High Court in its company jurisdiction against the respondents, seeking reliefs concerning the management and affairs of the company---The petition was dismissed as non-maintainable on the ground that the matter involved disputed questions of fact, with liberty to approach the civil court---The petitioner thereafter instituted a civil suit against the respondents, which proceeded through trial and resulted in a decree in favour of the petitioner, followed by appeals and revision proceedings before the appellate courts and the High Court, respectively---Subsequently, the High Court set aside the judgments of lower courts on the ground that the proper forum was the High Court exercising original company jurisdiction, whereupon the petitioner filed the present application under S.12(2) of C.P.C. to challenge the earlier order dismissing the company petition---Held: It was clear that the company bench of the High Court was having jurisdiction---Said jurisdiction was also available to the applicant which they had availed in time and same was still available to him under Ss.5 & 6 of the Act, 2017---In the meanwhile, the law changed when Supreme Court subsequently declared that civil court did not have jurisdiction in company matters and that all such matters were to be decided by company benches of the High Court---Subsequently, under S.5 of the Act, 2017 jurisdiction of the civil court was totally excluded under subsection (2) of S.5 of the Act, 2017---Petitioner could not be left remediless nor their right of access to justice could be deemed abridged or otherwise affected by way of change of law---In the situation where the law had also changed by promulgation of the Act, 2017 the petitioner could be deemed to be able to approach the company bench of the High Court under new law---In the present petition under S.12(2), C.P.C. it was observed that the applicant was at liberty to move a fresh petition before the High Court under the provisions of the Act, 2017 and that such petition was to be deemed to be in pursuance of earlier order of the High Court dated 29.11.2010---Petition was disposed of, in circumstances.

Dr. MAQBOOL KHAN vs MIR ALAM JAN KHAN Ss — 2026 CLD 322 PESHAWAR-HIGH-COURT

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