2000 PLP 292 (MLD)
ANJUMAN COOPERATIVE SOCIETY through Riaz Ahmed ‑‑‑Petitioner Versus DEPUTY REGISTRAR,COOPERATIVE SOCIETIES, BAHAWALPUR and 2 others‑‑‑Respondents
| Citation | 2000 PLP 292 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Dr. Munir Ahmad Mughal, J |
| Parties | ANJUMAN COOPERATIVE SOCIETY through Riaz Ahmed ‑‑‑Petitioner Versus DEPUTY REGISTRAR,COOPERATIVE SOCIETIES, BAHAWALPUR and 2 others‑‑‑Respondents |
| Primary Law | Constitution of Pakistan (1973)‑‑‑ |
Q1: What are the key laws and sections cited in 2000 PLP 292 (MLD)?
This judgment primarily cites: Constitution of Pakistan (1973)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2000 PLP 292 (MLD)?
The case was heard and decided by the Lahore bench comprising: Dr. Munir Ahmad Mughal, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2000 PLP 292 (MLD) (ANJUMAN COOPERATIVE SOCIETY through Riaz Ahmed ‑‑‑Petitioner Versus DEPUTY REGISTRAR,COOPERATIVE SOCIETIES, BAHAWALPUR and 2 others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Khan Muhammad Hussain Azad for Petitioner.
- Qamar Hameed Hashmi for Respondents.
Headnotes / Summary
‑‑‑‑Art. 199‑‑‑Constitutional petition‑‑‑Creditor and debtor‑‑‑Discharge of loan liability‑‑‑Present inability of debtor to pay loan amount ‑‑‑Qur'anic Injunctions to meet such situation‑‑‑Petitioner‑Society obtained a loan from the respondent‑Bank which was agreed to be returned in specified instalments by fixed dates‑‑‑Petitioner failed to deposit the full amount of first instalment because of its weak financial position due to bad crop‑‑‑Creditor‑Bank threatened the debtor to deposit the total amount of loan in lump sum, otherwise it would be proceeded against according to law‑‑‑Such threat by creditor was challenged in Constitutional petition‑‑‑Considering the uncontroverted inability of the debtor to pay loan amount in lump sum due to its financial stringency and its serious efforts to return the loan amount, and following the Qur'anic injunction wherein it is commanded "And if the debtor is in straitened circumstances then (let there be) postponement to (the time of) ease", II: 280) High Court ordered that the loan amount be paid in specified instalments by the dates fixed by it.
Judgment & Decree
The admitted position on both sides is that the petitioner Anjuman Co‑operative Society, Mauza Gulpur Achrani, obtained a loan of ,Rs.3,10,401 in Kharif, 1992. On the request of the petitioner, the Assistant Registrar, Co‑operative Societies passed an order that in case the Society deposits Rs.25,000 on 10‑2‑1999 the remaining amount may be deposited in four instalments on 30‑6‑1999, 31‑12‑1999, 30‑6‑2000, 31‑12‑2000 respectively. It is also admitted position on both sides that the petitioner Rs.25,000 on 10‑2‑1999 and Rs.14,000 on 30‑6‑1999 in Account No.91 of the Society in Punjab Provincial Cooperative Bank Ltd., Khairpur Tamiwali Branch. In other words the petitioner was to deposit Rs‑73850/25 on 30‑6‑1999 but he has deposited Rs.14,000 only and the balance of Rs.59850/25 is still due and the next instalment of 31‑12‑1999 of Rs.73850/25 will also fall due, and the petitioner is to deposit Rs.1,33,700/50 till 31‑12‑1999. The petitioner is hard hit and is unable to deposit the whole amount in lump sum due to ruination of his crops but he is ready to pay this amount sincerely if an order is passed for easy instalments.
2. Learned counsel for the respondents admits the three deposits made by the petitioner and also could not controvert the financial straitened circumstances of the petitioner but he insists that the order of granting instalments shall be made subject to the condition that in case the instalments are not so deposited, the respondents shall have the right to recover them in lump sum in accordance with law.
3. In the present case I am convinced that the petitioner is really hard hit and is in straitened circumstances and his sincere efforts to pay back the amount is apparent from the three receipts (Annex. A/1, B and B/1). According to which he has deposited Rs.25,000 on 10‑2‑1999 and Rs.14,000/92 on 30‑6‑1999. The Holy Qur'an says: "And if the debtor is in straitened circumstances, then (let there be) postponement to (the time of) ease. (II: 280). " In the peculiar circumstances of this case in the ends of justice and following the injunctions of the Holy Qur'an the amount of Rs.1,33,700/50 is ordered to be paid by the petitioner in five equal instalments of Rs.26,740/10 per month. The first instalment shall be paid on 31‑8‑1999, the second instalment on 30‑9‑1999. The Third instalment on 30‑10‑1999, the fourth instalment on 30‑11‑1999 and the Last instalment shall be paid on or before 31‑12‑1999. The remaining two instalments of June, 2000 and December, 2000 shall be deposited as already agreed to and promised by the petitioner with the respondents Co‑operative Societies.
4. In view of the aforesaid terms, the writ petition stands disposed of. H.B.T./A‑155/L?????????? Order accordingly.