Tri Star Apperel Export (Pvt) Ltd v Hon. Attorney General – CA PHC 57/2014-2014

In the case between Tri Star Apparels Export (Pvt) Ltd (Petitioner/Appellant) and the Hon. Attorney General (Respondent), the court addressed whether a company subject to a winding-up order and appointment of a permanent liquidator may continue legal proceedings without requisite court permission under Section 279(1) of the Companies Act. It was held that, due to the absence of evidence that such permission was obtained, the application could not proceed. The principle reaffirmed is that legal proceedings by or against a company in liquidation require judicial authorization, as prescribed by the Companies Act. This decision underscores the necessity for strict compliance with statutory requirements when a company is in liquidation, ensuring that ongoing or new litigation is permitted only

REF: CA PHC 57/2014-2014 Category: Tag:
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