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2000 CLC 708

NAYYAR INDUSTRIES (PVT) LIMITED through Chief Executive vs through

Citation2000 CLC 708
CourtLahore High Court
Case No.Cooperative Petition No,193/C of 1999
Date2000-01-22
Judge(s)Malik Muhammad Qayyum
ResultPetition accepted

' 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. #EndJudgment revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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