Hassan Abbas (Petitioner) VS Khalid Abbas and Ors (Respondent)

ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C. P. No. D – 3164 of 2018

Date Order with signature of Judge

For Directions

For orders on MIT-II Report dated 06.04.2022 Ms. Syeda Riffat Bano, advocate for the petitioner.

Mr. Muhammad Safdar, advocate for respondent No. 4.

Mr. Jawwad Dero, Additional A. G. Sindh.

Pursuant to Court’s order dated 02.03.2022 passed by a Divisional Bench of this Court, the matter was remanded to Minister for Cooperation Department, Government of Sindh to decide the same afresh after due notice to all concerned and to submit compliance through MIT-II of this Court within 30 days, learned MIT-II of this Court has furnished Report dated 06.04.2022 alongwith annexures, including letter dated 31.03.2022 by the Section Officer (Tech) on behalf of the Secretary to Government of Sindh [Cooperative Department], wherein, it has been stated that in view of repeal of Cooperative Societies Act, 1925 and promulgation of the Cooperative Societies Act, 2020, Section 64 and 64-A of the Cooperative Societies Act, 1925, no longer exist anymore, whereas, in terms of Section 117 of the Cooperative Societies Act, 2020, the sub-section (1), all the pending cases shall be transferred to the Special Court for trial.

Learned counsel for the parties as well as the learned Additional Advocate General present in Court, submit that since the original order passed in the instant matter has already been set-aside, therefore, the matter may now refer to the Appellate

Court i.e. learned District Judge, Karachi West in terms of Section 105 of the Act.

Accordingly, concerned office is directed to do the needful and parties may approach the relevant forum for redressal of their grievance in accordance with law.

It is expected that the relevant file may be transferred to the concerned District Judge, who may pass appropriate order in accordance with law, after hearing the parties, preferably, within a period of two months.

JUDGE

JUDGE

A.S.