Case Details

Citation(s)
2019 SLG 765 2019 SLD 765 2019 CLD 267
Islamabad High Court
Miscellaneous Civil Appeal No. 2 of 2018, decision Dated: 25-01-2019. Hearing Dated: 17-01-2019.
MIANGUL HASSAN AURANGZEB, JUSTICE
Petitioner(s) by: Ajmal Ghaffar Toor and Ali Nawaz Kharal
Respondent(s) by: Shumayl Aziz, Assistant Attorney-General

MIAN NASSER HAYAT MAGGO THROUGH ATTORNEY

VS

FEDERATION OF PAKISTAN THROUGH SECRETARY, MINISTRY OF COMMERCE AND OTHERS

Law: Trade Organization Act, 2013

Section: 3,6,6(1)(2),7(2),13,21,21(4)

Trade Organizations Act (II of 2013)--- ----Ss. 6, 13 & 21---Trade organization---Renewal of licence---Delay in filing of application for renewal of licence--- Adjudication of application for renewal of licence---Duty and obligation of Regulator and Appellate Authority under the Trade Organizations Act, 2013---Scope---Application for renewal of licence of a trade organization must be filed ninety days prior to expiry of such licence and delay in the same could be condoned by the Regulator for a maximum period of thirty days on sufficient cause being shown by an order in writing---Regulator under the Trade Organizations Act, 2013 could not be expected to extend the time period for filing of application for renewal of licence without mentioning "sufficient cause" for such extension via an order in writing and where an applicant does not come up with any sufficient cause, Regulator on its own could not condone delay in filing of such application---Trade organization licensed under the Trade Originations Act, 2013 was expected to strictly comply with the provisions of the said Act and the Regulator and Appellate Authority under the same were also under obligation to pass orders in conformity with the said Act. THIS JUDGMENT DELIVERED BY: MIANGUL HASSAN AURANGZEB, J.--- Through the instant appeal under section 21(4) of the Trade Organizations Act, 2013 ("the 2013 Act"), the appellant, Mian Nasser Hayat Maggo, impugns the order dated 11.05.2018, passed by the Secretary, Ministry of Commerce (respondent No.1), allowing the appeal filed by Halal Products and Services Association of Pakistan (respondent No.4) against the order dated 03.04.2018, passed by the Directorate General of Trade Organizations (respondent No.2). Vide the said order dated 03.04.2018, respondent No.2 dismissed respondent No.4's application dated 14.03.2018 for the renewal of its licence on the ground that the same had been filed with a delay of almost three months. 2. The facts essential for the disposal of the instant appeal are that on 18.03.2013, the Ministry of Commerce (Government of Pakistan) granted a licence to respondent No.4 in exercise of the powers conferred by Section 3 of the 2013…
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