BEFORE THE REGISTERAR COOPERATIVES PUNJAB

LAHORE
Subject:- Application under section 54 of cooperative societies act 1925for allotment /
refund on Market Rates

1-Tariq Mahmood S/O Atta Muhammad House No B-V-372, NISHTAR Street, Muslim Town
Rawalpindi.

VS

1- Major ® Iftikhar Ahmed Ch. S/O Ghulam Rabbani, Ex-Secretary Abad Cooperative Housing
Society Rawalpindi(Year 1992-2000), R/O of House No 57 Street No 45, Sector II Gulshan
Abad Adyala Road Rawalpindi.
2- Asif Rabbani S/O Major ®Iftikhar Ahmed CH, Ex-Secretary Abad Cooperative Housing
Society Rawalpindi(Year 2003-2006), R/O of House No 57 Street No 45, Sector II Gulshan
Abad Adyala Road Rawalpindi.
3- Raja Masroor Jamal Secretary Abad Cooperative Housing Society Rawalpindi (Year 2006-
2009 and 2012 to date), Managing Committee Gulshan Abad Cooperative Housing Society
Adyala Road Rawalpindi.
4- Sher Zaman Khan, Ex-Secretary Abad Cooperative Housing Society Rawalpindi(Year 2009-
2011), R/O of House No 1219 Street No 58, Sector II Gulshan Abad Adyala Road Rawalpindi.
5- Tufail Ahmed Ch., Ex-Secretary Abad Cooperative Housing Society Rawalpindi (Year 2012-
2013), R/O of House No 115 Street No 2, Sector I Gulshan Abad Adyala Road Rawalpindi.
Supplementary submissions/ request in continuation of my earlier application dated
December 14, 2015.

1- The petitioner filled petition under section 54, vide application placed at (Annexure-A). in

this connection notice to the respondents was issued for hearing on March 16, 2016 vide No

RCS/JUDL/246-15/331-85 dated December 12, 2015. However the name of respondent

No-4 was missed from the notice. Nobody appeared, except written reply from the

respondent No-3. However, the legitimacy of the reply is questionable, because the

signatures on the reply are not matching with signatures of respondent on earlier

correspondence with petitioner. The reply was sent through Ch Sajjad Afzal Advocate High
 Court. However no “Vakalat Nama” was enclosed with the reply. Comments on the reply

are annexed herewith.

2- The respondent No-3, has promised that the petitioner will get plot in six months.

Regretfully I would say that this promise was made by him in 2008 vide his letter bearing

No ACHS/131373 dated January 5, 2008, which never matured. Therefore his promise is

not more that time passing tactics.

3- All other respondent did not pay any heed to the court notices. The second hearing was

issued vide No RCS/JUDL/246-15/1172-76 date May 5, 2016 for hearing on May 11, 2016,

however this time neither anybody submitted the reply nor anyone bothered to attend the

hearing.

4- From the attitude of the respondents during last five months, it seems that they are

intentionally lingering on the case, because they don’t have any justification to the

allegations by the petitioner.

5- The respondents have committed default of the society bylaws, business rules and the

cooperative societies act 1925 and caused financial loss to the petitioner. Copy of allotments

made by respondent No-2 is placed at Annexure-B. Hundreds of such cases can be

uncovered if the record is submitted by the respondents. The cooperative societies act 1925

declares the members of the management committee as “Public servants”, Therefore they

are liable to fine equal to the “Wrongful Loss” to the petitioners as defined in Pakistan

Penal Code 1860.

It is therefore prayed that;

a) Summons be issued to all the respondents giving them the last chance to defend.
b) In case they fail to respond, Ex-Parte decision may announced in favor of petitioner

ordering the respondents to;

i. Either allot me plot in developed sector or pay the market price already demanded

vide my original application.

ii. Orders be issued to the respondents to collectively compensate me against the losses

caused by them to the petitioner.

iii. The respondents be disqualified for participation in the future elections of the society.

iv. Audit of the society accounts be arranged under the supervisions of the person

nominated by the Registrar Cooperatives Punjab Lahore.

Petitioner

(Tariq Mahmood)

Dated May 31, 2016