1410/2013 Suit Toyoshima & Co. limited (Plaintiff) V/S Shadman Cotton mills limited (Defendant)

Sindh High Court2016

Bench: Hon'ble Mr. Justice Muhammad Faisal Kamal Alam

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1410/2013 Suit Toyoshima & Co. limited (Plaintiff) V/S Shadman Cotton mills limited (Defendant) Sindh High Court Bench: Hon'ble Mr. Justice Muhammad Faisal Kamal Alam Order Date: 30-MAR-16 Territorial jurisdiction of Sindh High Court was questioned by Defendant, primarily on the ground that Defendant-Company has been shifted from Karachi to Lahore, therefore, a foreign company / Plaintiff cannot enforce an International Arbitral Award by filing a suit in Sindh High Court. The crucial documentary evidence shows that when the suit proceeding was filed for enforcement of the Award under Section 6 of the Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act, 2011, the Defendant had its registered office in Karachi and even Annual Report of the Company also shows that the Management notice for convening the Annual General Meeting was also to be held at Karachi. Consequently, it has been held, that Sindh High Court has jurisdiction in the matter.
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