The maintainability of the appeal stating that a direct appeal to the Supreme Court under Section 10(1) of the Ordinance lies only against a winding up order of the Company Judge, and that any order passed in the winding proceedings other than the winding up order–
Section 10(1) supra enables appeals to the Supreme Court against a winding up order as well as any order or decision made in the winding up proceedings after a company has been ordered to be wound up. Resultantly, a winding up order as well as any order passed or decision made by a Company Judge after the winding up of a company shall be appealable before the Supreme Court instead of the Division Bench of the High Court.
For Section 10(1) ibid to include not only an “order” for the winding up of a company but “any order” and not only “any order” but also “any decision or judgment” of the High Court suggests that the intention may have been to reach not only a winding up order but also post-winding up orders. Having decided the question of maintainability in favour of the appellant, all these matters are hereby referred to a regular Bench which shall decide the same on merit in accordance with law. ...Shoaib Ullah Cheema=VS=Addl. Registrar of Companies, (Civil), 2019 (1) [6 LM (SC) 154] ....View Full Judgment