Fa Impex (Pvt) Ltd vs. Adani Exports Ltd – SC APPEAL NO. 91/2014-2023

In the case between Fa Impex (Pvt) Ltd (Appellant-Petitioner) and Adani Exports Ltd, Seylan Bank Ltd, and Rahamatulla Abdul Rahuman (Respondents), the court addressed the issue of whether an order for winding up under section 307 of the Companies Act 1982 remains appealable following the enactment of the Companies Act 2007. The court held that the right of appeal persists, as a winding up order constitutes a final judgment for the purposes of appeal under the Civil Procedure Code. The principle reaffirmed is that substantive and procedural rights subsisting at the time of commencement of proceedings are preserved unless explicitly taken away by new legislative provisions. This decision relied on the Companies Act 1982, Companies Act 2007, the Interpretation Ordinance, and established prece