| Citation(s) |
|---|
| 2010 SLG 2569 2010 SLD 2569 2010 CLC 770 |
Lahore High Court
IJAZ AHMED CHAUDHRY, J
Malik Noor Muhammad Awan, Naveed Shehryar Sheikh and Farooq Qureshi Chishti for Petitioners. Kh. Saeed-ul-Zafar for Petitioner (in Petition No. 56-C of 2006) and for
Respondent No. 2 (in Petition No. 61-C of 2006). Salah-ud-Din Shehryar Babar for Petiti
IJAZ AHMED CHAUDHRY, J
Malik Noor Muhammad Awan, Naveed Shehryar Sheikh and Farooq Qureshi Chishti for Petitioners. Kh. Saeed-ul-Zafar for Petitioner (in Petition No. 56-C of 2006) and for
Respondent No. 2 (in Petition No. 61-C of 2006). Salah-ud-Din Shehryar Babar for Petiti
RIAZULHAQ SHEIKH through L.Rs.
VS
ZULFIQAR HUSSAIN and 4 others
Law:
Section:
(a) Punjab Undesirable Cooperative Societies (Dissolution) Act (I of 1993)--- ----Ss. 7(c)(e) & 11---Assets and liabilities---Determination---Jurisdiction---Respondents/vendees purchased land from the defunct Cooperative Society through registered sale-deed---Punjab Cooperative Board for Liquidation cancelled the sale-deed on the ground that an outstanding amount was still unpaid by the respondents---Respondents asserted that Punjab Cooperative Board for Liquidation was not competent to give finding about the sale-deed which had been finalized at much earlier time when no litigation was pending and that Punjab Cooperative Board of Liquidation or the Cooperative Judge had no jurisdiction to decide the matter as it was dispute between the private parties---Respondents claimed to have purchased the land from the Society which was declared undesirable society---Validity---All assets and liabilities of the undesirable cooperative society were to be determined under S.7 of the Punjab Undesirable Cooperative Societies (Dissolution) Act, 1993 and according to S.7(c) the Liquidation Board was competent to determine the assets and liabilities of the undesirable society and under S.7(e) of the same Act, the Liquidation Board could cancel all agreements entered into by undesirable cooperative society or its previous management or Director/Officer which, in the opinion of the Cooperative Board, were against the interest of such society---Respondents had themselves invoked the jurisdiction of the Liquidation Board and after its decision filed an application under S.11 of the Punjab Undesirable Cooperative Societies (Dissolution) Act, 1993 before the Cooperative Judge whereupon the case was remanded---Respondents again had submitted to the jurisdiction of the Liquidation Board and after decision of the Liquidation Board, respondents could not object to the jurisdiction of the Liquidation Board---Cooperative Judge dismissed the petition. PLD 2003 SC 31; 2004 MLD 875; PLD 2003 SC 676; PLD 2005 SC 490; PLD 2005 SC 418; PLD 2006 Lah. 223 and 2007 SCMR 729 ref. 2001 SCMR 1959; 2004 CLC 60 and 2006 SCMR 1630=2006 PLC (C.S.) 1173 rel. (b) Punjab Undesirable Cooperative Societies…
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