Tag mediation
Justice Jawad Hassan Leads ADR Movement with Another Mediation Order
In another landmark step, Honourable Mr. Justice Jawad Hassan of the Lahore High Court, Rawalpindi Bench, has solidified his reputation as a trailblazer in Alternative Dispute Resolution (ADR). On January 15, 2025, he appointed Barrister Chaudhary Imran Hassan Ali, ASC, as the mediator in a high-profile corporate dispute involving shareholders of South Avenue (Private) Limited, a major real estate company.
Justice Jawad Hassan’s order reflects his unwavering commitment to promoting ADR as a cornerstone of modern justice. As a prominent advocate for integrating mediation into Pakistan’s legal framework, Justice Hassan continues to champion its potential to deliver cost-effective, timely, and amicable dispute resolutions, reducing the burden on courts and fostering collaboration among disputing parties.
The parties in the case have embraced the mediation process, signaling a collective shift toward cooperative resolution.
This case is a testament to Justice Jawad Hassan’s visionary leadership in driving ADR forward, ensuring that Pakistan’s judiciary aligns with global standards for accessible and efficient justice.
Stay tuned for updates as this mediation unfolds.
AJK High Court Dismisses Corporate Disputes Between Brothers; Refers Case to Commission for Investigation
In a recent judgment, the Company Bench of the Azad Jammu and Kashmir High Court dismissed three interconnected petitions involving allegations of fraud, mismanagement, and financial embezzlement between two brothers, Mansoor Ahmed Khan and Zulfiqar Abbasi. The cases revolved around disputes in two companies, Mangla Metals (Pvt.) Ltd. and Kohsar Hydropower (Pvt.) Ltd., both co-owned by the parties.
The petitions accused Mr. Abbasi, the CEO, of fraudulent activities, breach of fiduciary duties, and misuse of company funds. Mr. Khan alleged oppressive conduct, fraudulent audits, and illegal transfer of shares. Conversely, Mr. Abbasi denied the allegations and countered with claims of embezzlement and misconduct by Mr. Khan.
Justice Syed Shahid Bahar consolidated the petitions due to overlapping facts and issues. The court ruled that the matters required detailed investigation beyond its jurisdiction, referring them to the statutory Commission established under the Companies Act, 2017. It highlighted the need for alternative dispute resolution mechanisms like arbitration and mediation to avoid prolonged litigation.
The judgment emphasized that allegations of fraud and financial mismanagement require substantial evidence and proper investigation. It directed the petitioners to seek redress through the Commission, equipped with investigative powers under the Companies Act, urging swift resolution to safeguard corporate integrity.
This decision underscores the judiciary’s preference for specialized forums to handle complex corporate disputes efficiently while promoting alternative dispute resolution.