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
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(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
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