MOQBUL AHMED Vs. AHMED IMPEX (PVT.) LTD.

JUDGEMENT

(1.) This appeal by leave raises a point of law of public importance, namely, whether a decision of a Single Company Judge under section 38 of the Companies Act, 1913 (rectification of share register) is appealable to a Division Bench of the High Court Division. The appellants filed an application under section 38 of the Companies Act for rectification of share register which was allowed by the learned Company Judge of the High Court Division in Matter No. 34 of 1989 by judgment and order dated 13-8-92. The respondents preferred an appeal, Company Appeal No. 1 of 1993, before a Division Bench of the High Court Division which, by judgment and order dated 12-7-94, allowed the appeal and set aside the judgment and order of the learned Company Judge.

(2.) Leave was granted to the petitioner appellants, inter alia, to consider the appellants submission that the appeal before the Division Bench was incompetent.

(3.) On this all important question o elaborate arguments were advanced by Dr. M. Zahir, learned Counsel for the appellants and by Mr. M. Nurullah, learned Counsel for the respondents. Mr. Rafique-ul-Huq, learned Counsel, appeared as Amicus Curiae and made elaborate submissions on this point.