04 June 2004	Friday	15 Rabi-us-Saani 1425

KARACHI, June 3: The Pakistan Post Office has started to refund the deposits made by lawyers and other account holders with its City Courts savings centre, the Sindh High Court was informed on Thursday.

PPO counsel Nasir JR Shaikh submitted that the profit accruing from the deposits would also be paid in due course after calculating the exact amounts. New passbooks would be issued for the purpose, he said, adding that a few payments had already been made, while the remaining were in the pipeline.

Sindh Bar Council Vice-Chairman Abrar Hasan stated that the SBC had received about Rs5.5 million of its stuck-up deposits, while another amount to the tune of Rs4 million was due by way of profits.

The amount constituted part of the SBC benevolent fund, meant for aged lawyers and the legal heirs of the deceased advocates, he added. Deputy Attorney-General Syed Zaki Mohammad said refunding of the deposits was at top priority but the repayment of entire amount would take some time.

A division bench comprising Justices Shabbir Ahmed and Khilji Arif Hussain adjourned the case to a date in office.

NOTICE TO CANADIAN: A division bench comprising Justices Sarmad Jalal Osmany and Amir Hani Muslim, meanwhile, issued notice to Mrs Isobelle, a member of the Canadian consulate staff in the city, in an appeal moved by a vehicle owner against payment of dues.

Appearing for appellant Ghulam Qadir, Advocate Abrar Hasan submitted that his client purchased a Toyota land cruiser from Mohammad Javed, after payment of full price and other dues, as required by the law.

He was hauled up by the Customs staff all of a sudden months after the purchase for non-payment of dues. The appellant was told by the Customs that the vehicle bought by him had been imported by a member of the Canadian diplomatic staff, who enjoyed exemption from the Customs duty, sales tax, income tax, VAT and other dues.

The staffer was not allowed to sell the vehicle with in five years of its import, without paying all the exempted duties. Claiming that he was an innocent purchaser, Ghulam Qadir approached the Customs' tribunal against the recovery of dues.

He said he was not liable to pay the duties, which should have been cleared by the first purchaser, Mohammad Javed, from whom he bought the vehicle. The tribunal said a transaction involving a vehicle imported by a member of diplomatic or consular staff required a no-objection certificate (NOC) from the ministry of foreign affairs.

The SHC bench ordered that notices be issued to all the respondents as the diplomatic immunity did not extend to such matters.

NOTICE TO AG: A bench comprising Justices Sarmad Jalal Osmany and Khilji Arif Hussain issued notices to the attorney-general, the Central Board of Revenue chairman and the Customs collector for appraisement in a writ petition moved by the National Highway Authority through Advocate Nisar A Mujahid.

The petitioner said its contractor for the Islamabad-Peshawar motorway (M-I) imported, on NHA's behalf, expansion joints for an under-construction bridge. The consignment was not only withheld following the termination of the contractor, but was also auctioned.

It is relevant to mention that the construction material imported by the NHA is exempted from duties and taxes. Disposing of an earlier petition moved by the NHA, an SHC division bench had asked the Customs authorities to release the consignment and refund the auction price deposited by the NHA with the court nazir as security.

The Customs authorities did nothing to arrange the refund and the NHA had to file another petition. The bench issued notices to the advocate-general and the respondents for Friday. The NHA's general manager for Sindh and M-I will also be present.

RESTRAINT ORDER: M/s ADT Pakistan (Pvt) and its directors and promoters were on Thursday restrained from using the name or goodwill of or claiming any right or interest in 'the trademark ADT, along with its logo, design, label, colour scheme and get-up' till the date of hearing of a suit instituted by M/s ADT Services Limited AG, Switzerland.

The plaintiff, a Swiss company, submitted through Advocate Raja Qasit Nawaz Khan that the defendants were appointed its authorized dealers in January 2002. Promotional material and equipment were supplied to them but the dealership was cancelled in August 2002. The dealers, however, continued to use the trademark 'ADT,' along with its logo, etc.

CONTRACTOR'S RELEASE: The court ordered the National Accountability Bureau to release a contractor's son, Abdul Razzak Shaikh, after recovering Rs858,021 claimed by it.

The detainee submitted through Advocate M Nawaz Shaikh that his late father had carried out electrification of the Shah Abdul Latif University's new campus at Khairpur. He only received Rs390,000 on account of the work done by his father's firm.

The work was found defective after his death and he was being saddled by the NAB with criminal liability. He said he was ready to repay the amount received by the firm.

A division bench asked the NAB authorities to calculate the exact sum payable by the detainee and release him if he was prepared to pay it by way of plea bargain. The authorities failed to comply with the order and the detainee moved a contempt plea.

The NAB authorities submitted in response to the court notice that Razzak Shaikh was liable to pay Rs858,021. The detainee expressed his willingness to pay off the amount and the court ordered his release on such payment.