| Citation(s) |
|---|
| 2012 SLG 2199 2012 SLD 2199 2012 CLD 429 |
Lahore High Court
Cooperative Petition No.39 of 2011, decision dated: 4-11-2011.
IJAZ AHMAD CHAUDHRY, C, J
Muhammad Rasheed Bhatti for Petitioners Ch. Abdul Ghaffar for
Respondents
Cooperative Petition No.39 of 2011, decision dated: 4-11-2011.
IJAZ AHMAD CHAUDHRY, C, J
Muhammad Rasheed Bhatti for Petitioners Ch. Abdul Ghaffar for
Respondents
BASHIRAN BIBI and others
VS
PUNJAB COOPERATIVE BOARD FOR LIQUIDATION and others
Law:
Section:
Punjab Undesirable Cooperative Societies (Dissolution) Act (I of 1993)-------S. 11---Cooperative Societies Act (VII of 1925), S. 31---Bankers' Books Evidence Act (XVIII of 1891), S.4---Qanun-e-Shahadat (10 of 1984), Art. 48---Claim---Proof---Petitioners filed claim before Punjab Cooperative Board for Liquidation on the basis of Special Modarba Receipt duly issued by Finance Corporation in question---Punjab Cooperative Board for Liquidation declined to entertain the claim on the ground of its being forged---Validity---Despite lengthy cross examination on one petitioner as well as the other witnesses while appearing in witness box, the Board failed to shatter their veracity, who remained consistent on all material points---Punjab Cooperative Board for Liquidation instead of producing any evidence to prove their claim, opted to produce documents through Law Officer which were wrongly relied upon by the Judicial Officer while passing order against petitioners---Claim of petitioners was established from the documents produced by them before Judicial Officer who wrongly confined his findings to one Special Modarba Receipt inasmuch as the petitioners filed their claim under different Special Modarba Receipt---Findings of Judicial Officer on all issues were not confidence inspiring rather ran contrary to the record---High Court directed Punjab Cooperative Board for Liquidation to pay the amount to petitioners as claimed by them and set aside the order passed by Judicial Officer---Petition was allowed accordingly. ORDER IJAZ AHMAD CHAUDHRY, CJ.---By virtue of this Cooperative Petition under section 11 of the Punjab Undesirable Cooperative Societies (Dissolution) Act, 1993, the petitioner has called in question the vires of order dated 2-2-3010 passed by the learned Judicial Officer Punjab Cooperative Board for Liquidation whereby the claim filed by the petitioners for payment of Rs.20,50,000 was rejected. 2. Shorn of unnecessary details, the facts, forming background of the instant petition, are that Muhammad Hanif, predecessor in interest of the petitioners deposited an amount of Rs.26,65,000 with the National Industrial Cooperative Finance Corporation (NICFC) Limited,…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492