JURISDICTION OF COURTS
PART
II - JURISDICTION OF COURTS
7.
Jurisdiction of the Court.- (1) The Court having
jurisdiction under
this Ordinance shall
be the High Court having jurisdiction in the place at which the
registered office of
the company is situate:
Provided that the
Federal Government may, by notification in the official Gazette
and subject to such
restrictions and conditions as it thinks fit, empower any civil Court to
exercise all or any
of the jurisdiction by this Ordinance conferred upon the Court, and in
that case such Court
shall, as regards the jurisdiction so conferred, be the Court in
respect of companies
having their registered office within the territorial jurisdiction of
such Court.
(2) For the purposes
of jurisdiction to wind up companies, the expression
"registered
office" means the place which has longest been the registered office of
the
company during the
six months immediately preceding the presentation of the petition for
winding up.
(3) Nothing in this
section shall invalidate a proceeding by reason of its
being taken in a
Court other than the High Court or a Court empowered under subsection
(1).
8.
Constitution of Company Benches.- There shall in each High
Court
be one or more
benches, each to be known as the company Bench, to be constituted by
the Chief Justice of
the High Court to exercise the jurisdiction vested in the High Court
under section 7.
9.
Procedure of the Court.- (1) Notwithstanding anything contained
in any
other law, all
matters coming before the Court under this Ordinance shall be disposed of,
and the judgment
pronounced, as expeditiously as possible but not later than ninety days
from the date of
presentation of the petition or application to the Court and, except in
extraordinary
circumstances and on grounds to be recorded, the Court shall hear the case
from day-to-day.
Explanation:
In this sub-section, "judgment" means a final judgment
recorded in
writing.
(2) The hearing of
the matters referred to in sub-section (1) shall not be
adjourned except for
sufficient cause to be recorded, or for more than fourteen days at
any one time or for
more than thirty days in all.
Companies Ordinance,
1984
12
(3) In the exercise
of its jurisdiction as aforesaid, the Court shall, in all
matters before it,
follow the summary procedure.
10.
Appeals against Court orders.- (1) Notwithstanding anything
contained in any
other law, an appeal against any order, decision or judgment of the Court
under this Ordinance
shall lie to the Supreme Court where the company ordered to be
wound up has a
paid-up share capital of not less than one million rupees; and, where the
company ordered to be
wound up has paid-up capital of less than one million rupees, or
has no share capital,
such appeal shall lie only if the Supreme Court grants leave to
appeal.
(2) Save as provided
in sub-section (1), an appeal from any order made or
decision given by the
Court shall lie in the same manner in which and subject to the same
conditions under
which appeals lie from any order or decision of the Court.
(3) An appeal
preferred under sub-section (2) shall be finally disposed of by
the Court hearing the
appeal within ninety days of the submission of the appeal.
Companies Ordinance,
1984
13