HYDERABAD CHAMBER OF COMMERCE AND INDUSTRY (HCCI) vs MINISTRY OF COMMERCE GOVERNMENT OF PAKISTAN Ss

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HYDERABAD CHAMBER OF COMMERCE AND INDUSTRY (HCCI) VS MINISTRY OF COMMERCE GOVERNMENT OF PAKISTAN Ss. 3, 6 (2), 7 (2), 9(1) & 21(4)---Trade Organizations Rules, 2013, Schedule-B---Constitution of Pakistan, Art.199---Constitutional petition---Trade organization license---Renewal---Principle---Appellant/ petitioner was old Hyderabad Chamber of Commerce and Industry (Old-HCCI) and aggrieved of order passed by Committee of the Federal Cabinet dismissing its appeal against order passed by Directorate General of Trade Organizations (DGTO), cancelling the license issued to it---Appellant/petitioner also assailed grant of license to New-HCCI---Validity---Application of appellant/petitioner for renewal of its license was not filed within the period prescribed by S. 6(2) of Trade Organizations Act, 2013---Appellant/petitioner was entitled to extension of thirty days for filing of such application, which period was to be reckoned from the date "ninety days prior to the expiry of the license"---Law entitled appellant/petitioner to an extension in time for filing an application for renewal of its license up to 06-03-2013 only---Respondent/DGTO was not vested with the power to entertain application for renewal of license or an application for extension in time for filing such application beyond time limits prescribed in S. 6(2) of Trade Organizations Act, 2013---Respondent/DGTO acted in transgression of S. 6(2) of Trade Organizations Act, 2013 by not just entertaining appellant's/petitioner's application filed on 02.07.2013 for renewal of its license but also by keeping it pending for years and requiring the appellant/petitioner through letters to clear deficiencies in its application---This had the consequence of appellant/ petitioner functioning without valid license since 06-05-2011 when its license had expired---New-HCCI submitted application for grant of license as trade organization to respondent/DGTO on 26-04-2019---By that time, license granted to appellant/petitioner had not been cancelled by Federal Government---During subsistence of appellant/petitioner's license, New-HCCI could not have applied to respondent/DGTO for issuance of license in its favour---More than one trade organization with same name and object could not be granted licenses under the provisions of Trade Organizations Act, 2013 and Trade Organizations Rules, 2013---Respondent/DGTO granted license to New-HCCI after cancelling appellant's/petitioner's license and dismissal of appeal by Federal Government---High Court set aside orders against appellant/ petitioner passed by respondent/DGTO and Federal Government---High Court also set-aside license granted by authorities to New-HCCI as the same had been granted in violation of requirements of S. 9(1) of Trade Organizations Act, 2013---High Court remanded the matter to respondent/DGTO to amend show cause notice and thereafter decide whether or not to cancel appellant's/petitioner's license after affording opportunity of hearing as required by S. 7(2) of Trade Organizations Act, 2013---Constitutional petition was allowed accordingly.

HYDERABAD CHAMBER OF COMMERCE AND INDUSTRY (HCCI) vs MINISTRY OF COMMERCE GOVERNMENT OF PAKISTAN Ss — 2024 PLD 350 ISLAMABAD

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