2000 PLP 708 (CLC)
through Chief Executive‑‑‑Petitioner Versus PUNJAB COOPERATIVE BOARD FOR LIQUIDATION
| Citation | 2000 PLP 708 (CLC) |
| Forum / Court | |
| Bench Members | Malik Muhammad, J |
| Parties | through Chief Executive‑‑‑Petitioner Versus PUNJAB COOPERATIVE BOARD FOR LIQUIDATION |
| Primary Law | Punjab Undesirable Cooperative Societies (Dissolution) Act (I of 1993)‑‑‑ |
Q1: What are the key laws and sections cited in 2000 PLP 708 (CLC)?
This judgment primarily cites: Punjab Undesirable Cooperative Societies (Dissolution) Act (I of 1993)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2000 PLP 708 (CLC)?
The case was heard and decided by the bench comprising: Malik Muhammad, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2000 PLP 708 (CLC) (through Chief Executive‑‑‑Petitioner Versus PUNJAB COOPERATIVE BOARD FOR LIQUIDATION). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Zahid Malik for Petitioner.
- Kh. Muhammad Saeed for Respondents. "
Headnotes / Summary
‑‑‑‑S. 11‑‑‑Auction of property‑‑‑Refund of earnest money‑‑‑Petitioner was a successful bidder of an immovable property for which offers were invited by the Punjab Cooperative Board for liquidation‑‑‑Earnest money was deposited by the petitioner, neither the offer was accepted by the Liquidation Board nor the earnest money was refunded‑‑‑Contention raised by the Board was that petitioner failed to fulfil his commitment‑‑‑Validity‑‑‑No details of default committed by the petitioner were furnished to the Court‑‑‑Receipt of earnest money was not denied and there was nothing on record to show that offer made by petitioner had even been accepted and the same was communicated to the petitioner‑‑‑Board had no right to retain such money of the petitioner and as such was directed to refund the earnest money in circumstances.
Judgment & Decree
According to the facts stated in this petition Punjab Cooperative Board for Liquidation had invited offers for sale of immovable property measuring 167 Kanals and 18 Marlas situate at Shahkot, District Sheikhupura. In response thereto the petitioner gave an offer of Rs.1,40,000 and deposited a sum of Rs.5 lacs as earnest money in the form of a pay order. That offer was, however, not accepted nor has the money deposited by the applicant been returned to him.
2. In the written reply filed by the respondent none of the pleas has been denied. On the other hand it has been admitted that the petitioner has deposited Rs.5 lacs as earnest money. It has been stated in para.7 of the reply that the petitioner has not fulfilled his offer, therefore, he is not entitled to any relief. However, details of default, committed by the petitioner, have not been furnished. There is nothing on the record to show that the offer made by the petitioner had even been accepted and the acceptance communicated to the petitioner. In these circumstances, it is quite obvious that the respondents have no right to retain the earnest money. It is accordingly directed that the earnest money shall be refunded to the petitioner forthwith. The claim for interest/mark‑up is, however, denied. Q.M.H./M.A.K./N‑3/L Petition allowed.