128/2012 II.A. Hum Network Limited (Appellant) V/S Naveed Khan & Ors. (Respondent)

Sindh High CourtCompany Law2017

Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)

128/2012 II.A. Hum Network Limited (Appellant) V/S Naveed Khan & Ors. (Respondent) Sindh High Court

Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author) Order Date: 18-DEC-17

The requirement of passing a resolution is set at par with the powers of directors under section 183(1) of the Companies Act, 2017 which is parametria to Section 196 (1) of the Companies Ordinance, 1984. Since the Board is vested with the powers of management which has delegated all such rights through a Power of Attorney to the Chief Executive with further powers to delegate such powers therefore, such strict action in terms of under Order VII Rule 11 CPC for rejection of the plaint is uncalled for. This delegation of power further gets support in terms of Articles of Association which reiterate the aforesaid authority as statutory delegation of powers which was vested with the Board of Directors. Advocates: Ijaz Ahmed Zahid(ADVO-11135-SBC-KHI),Mohammad Ali Hakro(ADVO-9073-SBC-KHI)

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