ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

J.M.Misc. No.13 of 2015

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Order with signature of Judge

1.For orders on CMA No.152/2015

2.For orders on CMA No.153/2015

3.For orders on Main Petition.

06.08.2015

Mr.Mikael Azmat Rahim, Advocate for the Petitioners.

….

1. Granted subject to all just exceptions.

2. This application has been moved for seeking direction under Section 284 of the Companies Ordinance, 1984 for holding meeting of the petitioners in terms of scheme of arrangement, available at page 211 of the court file. The petitioners have prayed in this application as under :-

“(a) That this Hon’ble Court be pleased to pass orders for calling of meetings under Section 284 of the Companies Ordinance, 1984 of:

(i) the members/shareholders and secured creditors of the petitioner No.1 within 60 days of the order for calling of the meeting at 5^th Floor, Dawood Centre, M. T. Khan Road, Karachi or any other appropriate place and not earlier than 30 days of the date of the order;

(ii) the members/shareholders of the petitioner No.2 within 60 days of the order for calling of the meeting at 5^th Floor, Dawood Centre, M. T. Khan Road, Karachi, or any other appropriate place and not earlier than 30 days of the date of the order; and

(iii) the members/shareholders of the petitioner No.3 within 60 days of the order for calling of the meeting at 5^th Floor, Dawood Centre, M. T Khan Road, Karachi, or any other appropriate place and not earlier than 30 days of the date of the order;

(b) That this Hon’ble Court may be pleased to pass an order that the mode of service of the notices of such meetings prayed for above shall be by way of notices sent to the registered addresses of the members/shareholders of the petitioners and the secured creditors of the petitioner No.1;

(c) That this Hon’ble Court may be pleased to pass an order appointing Mr. Ghias Uddin Khan, or, in his absence, Mr. Mir Muhammad Nasir or Mr. Isfandiyar Shaheen, the Directors of the petitioner No.1 to chair the meetings of the members/shareholders and secured creditors of the petitioner No.1 and file a report relating thereto with the Hon’ble High Court of Sindh;

(d) That this Hon’ble Court may be pleased to pass an order appointing Mr. Ghias Uddin Khan, or, in his absence Mr. Mir Muhammad Nasir or Mr. Hasan Raza Ur Rahim, the Directors of the petitioner No.2, to chair the meetings of the members/ shareholders of the petitioner No.2 and file a report relating thereto with the Hon’ble High Court of Sindh;

(e) That this Hon’ble Court may be pleased to pass an order appointing Mr. Ghias Uddin Khan, or, in his absence, Mr. Mir Muhammad Nasir or Mr. Hasan Raza Ur Rahim, the Directors of the petitioner No.3, to chair the meeting of the members/ shareholders of the petitioner No.3 and file a report relating thereto with the Hon’ble High Court of Sindh.”

Let meeting of the petitioners be arranged in terms of the request made by the petitioners in this application and submit the minutes of the meeting and report of the Chairman on the next date. In addition to what has been stated in clause (b) above, the notice of meeting shall also be published separately in the vernacular newspapers for the meeting of the petitioners for the approval of scheme of arrangement.

3. Let advertisement of main petition be published in terms of Rule 76 r/w Rule 19 of the Companies Ordinance, (Court) Rules, 1997 and issue notice to SECP for filing comments/report.

Application is deposed of.

JUDGE