January 29, 2006	Sunday	Zilhaj 28, 1426

KARACHI, Jan 28: Sindh High Court Chief Justice Sabihuddin Ahmed has constituted a three-member bench to consider a contempt reference against a lawyer on Monday. The matter was referred to the CJ by a division bench, comprising Justices Ghulam Rabbani and Muneeb Ahmed Khan, in November 2005 following objectionable remarks made by Advocate Khwaja Shamsul Islam about the senior member of the bench.

Constituting a full bench, comprising himself and Justices Anwar Zaheer Jamali and Mushir Alam, the CJ said: “The order dated 25.11.2005 passed by the division bench prima facie shows that the advocate has committed contempt of court in terms of Clauses (a) and (b) of Article 204 (2) of the Constitution. Let notice issue to him for appearance in court on 30.1.2006 to show why appropriate action under the law and the Constitution should not be taken. Let notice also issue to the advocate-general and the president of the Sindh High Court Bar Association to assist the court’.

Bank restrained: The Sindh High Court restrained a bank on Friday from encashing cheques disputed in a lawsuit and issued notices to all defendants for Feb 7.

Plaintiff Arshad Ali Khan submitted that he entered partnership with Syed Mohammad Ismail and his son, Junaid Ismail. Differences arose among the partners and they mutually agreed to dissolve both partnerships by two separate agreements.

A third tripartite agreement, he claimed, was executed under which he agreed to transfer his share in the partnerships to Haroon Majid. He executed the transfer deed but Haroon Majid could not comply with his covenants as his former partners made certain interpolation in the tripartite agreement unilaterally and in their own hand.

The ex-partners, according to the plaintiff, got a case registered against him at Islamabad in which he was granted bail. They, however, subsequently forced him to sign another agreement and issue cheques to them.

The plaintiff’s counsel, Kamaluddin Azfar, submitted that the cheques were obtained by coercion and duress and were not liable to be encashed. The cheques were drawn on Standard Chartered Bank, Karachi, which has been joined as a defendant. He sought an injunction against encashment of the cheques yet to be presented.

Justice Gulzar Ahmed, who heard the application for injunction filed in the suit, issued notices to the defendants for Feb 7 and asked all the parties to maintain status quo in the meanwhile. The suit seeks damages exceeding the total amount comprised in the cheques.