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KARACHI, Sept 18: The Sindh High Court on Thursday issued notices in two Karachi Port Trust applications to allow it to discharge its obligation in respect of the Tasman Spirit shipwreck and join in the proceedings initiated by insurance companies.
A suit has been instituted by the Central, EFU, Adamjee, New Jubilee, Habib, and New Hampshire insurance companies against the Tasman Spirit, its auxiliary vessel MT Endeavour-II and owners, M/s Assimina Maritime and M/s Andros Maritime of Greece, in the high court’s admiralty jurisdiction for recovery of Rs883,296,000 on account of the defendants’ negligence in plying a ship that was not seaworthy.
Other vessels belonging to the defendants’ vessels were detained and berthed at the Karachi port in pursuance of an interim order passed by Justice Ataur Rahman, who is seized of the suit, on Sept 6. The notices in the new applications were ordered to be issued for Sept 23.
The KPT counsel submitted that under Section 89 of the KPT Act, the trust was obliged to keep the port clear for traffic. The oil tanker had broken into two parts and one of them was precariously balanced on a rock. It might break loose and block the channel which, in turn, would close the port.
The counsel submitted that the company engaged in salvage operation had to bring in equipment to remove the shipwreck. It was not willing to continue the operation due to congestion. The ultimate responsibility to remove the shipwreck would lie with the KPT. The auxiliary vessel was also subject to lien. He requested the court to allow the KPT to remove the shipwreck without shifting it outside the court’s jurisdiction.
PLEAS DISMISSED: The Sindh High Court dismissed on Thursday bail applications of two accused facing trial before an accountability court in the Alliance Motors case.
Accused Mohammad Yunus submitted that he was only a ‘working director’ of the Alliance Motors and T.J. Ebrahim and Company. His job was to run a car showroom of the company and he had nothing to do with the collection or deposit of funds fraudulently solicited by the company at exorbitant interest rates.
A division bench comprising Justices Ghulam Nabi Soomro and Mohammad Afzal Soomro, however, rejected the plea. The bench also dismissed the bail application of Ilyas Ameen, also a former company official allegedly in possession of its property.
The same bench allowed bail to Fareeda Begum, who was arrested with her husband, Mirza Ashfaq, for being in possession of the company property. She said she had been a housewife all her life and had nothing to do with any property owned or acquired by the company. She was admitted to bail in the sum of Rs1 million.
The defunct company owes about Rs3.57 billion to its depositors. A reference filed for part payment to depositors from funds recovered from the company, particularly by disposal of its assets, was approved by a judge of the high court but no refund has been made as yet.
The division bench, meanwhile, also granted bail to former excise and taxation director Iqbal Solangi. He is facing a reference involving issue of fake liquor permits with former excise minister Ismail Rahu and other E & T officials. He was directed to furnish two sureties of Rs1.5 million each.
He submitted before the court that other accused in the reference had either been enlarged on bail or discharged.
