PESHAWAR: PHC disposes of PTV petition - Encashment of bank guarantees
By Bureau Report
PESHAWAR, Sept 15: The Peshawar High Court disposed of on Wednesday a civil review petition of the Pakistan Television Corporation (PTV) filed in connection with encashment of bank guarantees furnished by a private firm to the tune of Rs111.5 million.
A two-member bench, comprising Justice Tariq Pervez and Justice Ijaz Afzal, directed the PTV and the private firm, Inter Construct Limited, to appear before the concerned trial court where Sept 18 was fixed for hearing the case.
The PTV had filed the petition for setting aside an order of the civil court whereby interim injunctions were issued in favour of the firm and the PTV was restrained from encashing the bank guarantees. The firm had been awarded a contract by the PTV for collection of the TV licence fee in the country except in Fata, Pata and Azad Kashmir.
The PTV claimed that the contractor could not achieve the target mentioned in the contract following which the PTV was entitled to encash the bank guarantees furnished to the Bank of Khyber and the Askari Commercial Bank.
The bench observed that the petitioner (PTV) could raise the same points before the trial court which was fully competent to recall the interim injunctions earlier issued on Sept 22, 2003. The bench directed the civil court to decide the matter as soon as possible not later than 10 days.
Appearing for the Inter Construct Limited, Barrister Chaudhry Aitzaz Ahsan stated that in none of the 47 cantonments across the country the station commanders had permitted them to collect TV licence fee.
He contended that on numerous occasions they had informed the PTV about the hindrances before them in collection of the TV licence fee, but no step was taken by the PTV for removing those hurdles.
Mr Ahsan argued that they had employed about 30,000 to 40,000 persons across the country for visiting each and every residence and they tried to convince people to pay the fee and get their TV licence.
He added that in seven of the districts stay orders were obtained by the people as they claimed that they were only possessing TV sets and had been using cable or VCR and not any facility of the PTV.
Advocate M.R. Sheikh, appearing for the PTV contended that the civil court had issued the interim injunctions on Sept 22, 2003, and under Order 39 Rule 2(B) of the CPC the injunction could be granted only for six months when the public revenue was involved.
He said that the firm was awarded contract for the year 2000-2001 and the target set was collection of fee from 2.14 million TV set holders. He added that in case of shortfall in the achievement of the target the PTV was entitled to encash the bank guarantee to the tune of Rs100 million furnished by the contractor.
Mr Sheikh contended that the firm collected licences from 2.18 persons and keeping in view its performance the contract was renewed for the year 2001-02, but the target was set for that year as 2.18 million licences. He said that the firm could not achieve the target and fee was collected from 1.93 million TV set holders.
