MESSRS K. B. CHISTI AND 2 Others vs THE DEPUTY REGISTRAR, CO OPERATIVE — 1970 SCMR 301

Citation: 1970 SCMR 301

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-10-06

Parties: MESSRS K. B. CHISTI AND 2 Others vs THE DEPUTY REGISTRAR, CO OPERATIVE SOCIETIES, LAHORE AND ANOTHER

Headnotes

Case cited as 1970 SCMR 301

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Mujibur Rahman Khan, Muhammad Yaqub Ali Khan Title:MESSRS K. B. CHISTI AND 2 Others vs THE DEPUTY REGISTRAR, CO OPERATIVE SOCIETIES, LAHORE AND ANOTHER Case No.:Civil Petition for Special Leave to Appeal No. 158 of 1969 Writ Petition No. 1977 of 1968 Date of Judgment:1969-10-06 Reported As: 1970 SCMR 301 Result: Leave refused Judgment ORDER MUHAMMAD YAQUB ALI, J.-The petitioner-firm seeks leave to appeal from the order of a Division Bench of the High Court declining to interfere with the determination of the Registrar, Co-operative Societies, under section 5 (1) of the West Pakistan Co-operative Societies and Co-operative Banks (Repayment of Loans) Ordinance XIV of 1966, hereinafter referred to as the Ordinance, that a sum of Rs. 2,30,533.19 is owing from them to the respondent-bank on the basis of an over draft account and directing its recovery as arrears of land revenue. It was contended before the High Court :- (i) As the civil suit filed by the respondent-bank for the recovery of the said amount was withdrawn the claim had become barred in law ; (ii) the Registrar had no jurisdiction to determine the liability of the petitioner-firm as the suit instituted by them for rendition of accounts against the respondent-bank was pending before a Court of competent jurisdiction and a preliminary decree had since been passed in the suit ; and (i.e) the Registrar had illegally delegated his power to hold an inquiry under section 6 of…

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