05 March 2005	Saturday	23 Muharram 1426

KARACHI, March 4: The Sindh High Court on Friday adjourned the hearing of a petition filed by the Jamia Ashraful Uloom Trust against Karachi Electric Supply Corporation on over-billing as KESC's counsel sought time to file reply.

Respondent's counsel Ashiq Anwar Rana assured the court that till next date of hearing, no coercive action shall be initiated against the petitioner. SHC's division bench, comprising Chief Justice Saiyed Saeed Ashhad and Justice Maqbool Baqar, granting the request, fixed the matter for March 16.

ORDER SET ASIDE: A division bench of the Sindh High Court, comprising Justice Ataur Rehman and Justice Zia Pervez, set aside the attachment order of moveable properties of an appellant Irshad Begum and allowed her appeal by observing that the "banking court, instead of making investigation or inquiry into assertions made by the appellant as required by the law, summarily dismissed the same on extraneous considerations and personal assumptions as to society's structure, which perhaps was not called for."

Advocate Saalim Salam Ansari, appearing for Arshad Begum contended that appellant was neither a borrower, nor a mortgagor, nor a guarantor, as well as she has no relationship with her husband for the last four years against whom a decree of Banking Court-II at Karachi is prevailing.

The Banking Court had attached her moveable property which were available at her residence which were gifted by her mother. He argued that the Banking Court had not provided an opportunity to establish the contention raised by her and if there been a full-fledged investigation or inquiry by the Banking Court No-II at Karachi, her grievance could have been removed.

The division bench, after hearing the counsel of parties, remanded back to Banking Court-II at Karachi for decision afresh on a petition under order XXI rules 58 and 60 which shall be deemed to be pending according to law. Saalim Salam Ansari appeared for appellant and Mahmood A Khan represented respondent Citi Bank, NA.

NOTICES ISSUED: The Sindh High Court on Friday issued pre-admission notice to the additional secretary of Chief Minister Sindh, Dr Arbab Ghulam Rahim, AG Sindh and others on a petition filed by a woman against harassment.

Amna, a resident of Gulshan-i-Faisal, Bath Island, alleged that Mohammad Younus, additional secretary to CM on the directives of their associates, was misusing his official authority and harassing her and other family members with regard to a monetary dispute.

The petitioner submitted that she made a transaction of US $121,700 with one Altaf Hussain, also cited as respondent, against payment of Rs7,100,000 and there was no outstanding between parties. But, she stated that the respondents, with an intention to extort money from her as being lady, were visiting her house and harassing her, asking her to pay more money to them.

She alleged that the respondents on Feb28 stopped her in a garden and obtained her signatures on a blank paper and threatened her of dire consequences if she did not pay their outstanding amount.

She said that the secretary to CM, misusing his official authority, called her and family members to visit the CM House and threatened to book them in false cases while he is not authorized to conduct an inquiry into any civil nature dispute.

The court was prayed that respondents be restrained from misusing their official position and harassing the petitioner. SHC's division bench, comprising Chief Justice Saiyed Saeed Ashhad and Justice Maqbool Baqar, after preliminary hearing of the petition, issued pre-admission notice to the respondents, as well as the AG for a date to be fixed by the office. -PPI