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PART II -
JURISDICTION OF COURTS
7. Jurisdiction of the Courts.-- (1)
The Court having jurisdiction under this Ordinance shall be the High Court having
jurisdiction in the place at which the registered office of the company is situate;
Provided that the Federal Government may, by notification in the official Gazette and
subject to such restrictions and conditions as it thinks fit, empower any Civil Court to
exercise all or any of the jurisdictions by this Ordinance conferred upon the Court, and
in that ease such Court shall, as regards jurisdiction so conferred, be the Court in
respect of companies having their registered office within the territorial jurisdiction of
such Court.
(2) For purposes of jurisdiction to wind up companies, the expression "registered
office" means the place which has longest been the registered office of the company
during the six months immediately preceding the presentation of the petition for winding
up.
(3) Nothing in this section shall invalidate a proceeding by reason of its being taken in
a Court other than the High Court or a Court empowered under subsection (1).
8. Constitution of Company Benches.-- There shall in each High
Court be one or more Benches, each to be known as the Company Bench, to be constituted by
the Chief Justice of the High Court to exercise the jurisdiction vested in the High Court
under section 7.
9. Procedure of the Court.-- (1) Notwithstanding anything
contained in any other law, all matters coming before the Court under this Ordinance shall
be disposed of, and the judgment pronounced, as expeditiously as possible but not later
than ninety days from the date of presentation of the petition or application to the Court
and, except in extraordinary, circumstances and on grounds to be recorded. the Court shall
hear the case from day to day.
Explanation.-- In this subsection, "judgment" means a final judgment
recorded in writing.
(2) The hearing of the matters referred to in subsection (I) shall not be adjourned except
for sufficient cause to be recorded or for more than fourteen days at any one time or for
more than thirty days in all.
(3) In the exercise of its jurisdiction as aforesaid, the Court shall, in all matters
before it, follow the summary procedure.
10. Appeals against Court orders.-- (1) Notwithstanding anything
contained in any other law, an appeal against any order, decision or judgment of the Court
under this Ordinance shall lie to the supreme Court where the company ordered to be wound
up has a paid-up share capital of not less than one million rupees; and, where the company
ordered to be wound up has a paid-up capital of less than one million rupees, or has no
share capital, such appeal shall lie only if the Supreme Court grants leave to appeal.
(2) Save as provided in subsection (l), an appeal from any order made or decision given by
the Court shall lie in the same manner in which and subject to the same conditions under
which appeals lie from any order or decision of the Court.
(3) An appeal preferred under subsection (2) shall be finally disposed of by the Court
hearing the appeal within ninety, days of the submission of the appeal.
