PAKISTAN EXPRESS CO OPERATIVE BANK LIMITED vs REGISTRAR, CO OPERATIVE — 1970 SCMR 55

Citation: 1970 SCMR 55

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: PAKISTAN EXPRESS CO OPERATIVE BANK LIMITED vs REGISTRAR, CO OPERATIVE JUDGMENT

Headnotes

Case cited as 1970 SCMR 55

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Dr. Sheikh Abdul Rahman, Muhammad Yaqub Ali Khan Title:PAKISTAN EXPRESS CO OPERATIVE BANK LIMITED vs REGISTRAR, CO OPERATIVE JUDGMENT Reported As: 1970 SCMR 55 Result: Leave refused Judgment JUDGMENT S. A. RAHMAN, J.-In this case, the Registrar, Co-operative Societies, purporting to act under rule 48 of the Rules framed under section 71 of the Co-operative Societies Act, 1925, has superseded what he described as "the Board of Directors" of the petitioner Batik and replaced it by an Administrator. The petitioner challenged the validity of this order by a petition in the High Court for a writ but failed. This is a petition for Special Leave to Appeal from the order of the High Court. Dr. Nasim Hasan Shah contended firstly, that the notice to show cause was given to the Managing Committee of the Bank but the final order passed by the Registrar superseded the Board of Directors and therefore, this had no relevance to the original notice. He claimed that there was a Board of Directors separate from the Managing Committee. In support of this allegation however, the learned counsel has not been able to adduce any document, though an adjournment was granted for this very purpose. The bye-laws of the petitioner Bank mention only a Managing Committee. Learned counsel was unable to produce any resolution of the Bank by which a Board of Directors may have been constituted. There is also no evidence to show that there was…

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