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May 15, 2008 Thursday Jamadi-ul-Awwal 9, 1429



KARACHI: SHC seeks explanation in loan recovery case



By Our Staff Reporter


KARACHI, May 14: Justice Munib Ahmed Khan of the Sindh High Court summoned a State Bank official on Wednesday to appear in person and explain why a businessman was being allegedly pressured to pay off the loans obtained by his brother.

Plaintiff Muhammad Asid Jangda, managing partner, Mobile Zone, submitted through Advocate Arshad Tayebali that his firm had taken loans which were all in order. However, certain amounts were said to be outstanding against his brother, Abdul Qadir Jangda, who had nothing to do with his firm or business. He knew nothing about his brother’s business or banking transactions but was being harassed in respect of the loans taken by Qadir Jangda.

The plaintiff alleged that Syed Safdar Shahzad Zaidi, director in-charge, adjudication department, SBP, called him to his office and ‘threatened’ him. The SBP also issued a circular to the various commercial banks warning them of his alleged default. The court issued notices to the SBP and its director and asked the latter to appear personally on May 29. The defendants were told to refrain from taking any step contrary to law in the meantime.

Lawyer restrained

Justice Nadeem Azhar Siddiqui, meanwhile, barred Advocate Khwaja Shamsul Islam from appearing in any case in the high court pending contempt proceedings against him for misbehaving in the courtroom.

The judge was hearing a shop owner’s case against the management of a commercial complex at Khayaban-i-Jami, Defence. Questioning the provisions of the maintenance agreement, the plaintiff obtained a stay order restraining the management from disconnecting any facility or amenity enjoyed by him in January 2006. The management’s counsel, Arshad Tayebali, said on Tuesday that the plaintiff and his counsel, Khwaja Shamsul Islam, were seeking adjournments from time to time after securing interim relief. Meanwhile, the maintenance charges being paid by all other owners of the business premises in the complex had gone up from Rs2 per square foot to Rs3.5 per square foot.

The plaintiff’s counsel was busy before another bench and the judge ordered that the plaintiff should deposit the differential amount with the nazir of the court in view of the inordinate delay in the proceedings. The plaintiff’s counsel appeared immediately after the passing of the order and started shouting and misbehaving. “Thrice he was asked to behave and maintain the decorum of the court but to no avail,” Justice Siddiqui said in his order.

For any contempt committed in the face of the court, the order said, no notice was warranted but in view of the accused being an officer of the court, he is being issued a show-cause notice. Let the advocate explain why he should not be proceeded against under the Contempt of Court Ordinance, 2003, the order said, barring the lawyer from appearing in the high court pending the contempt proceedings.

Bail for banker

A division bench consisting of Justices Azizullah M. Memon and Khalid Ali Z. Qazi, meanwhile, granted bail to Hasan Ahmedullah, former manager of the Allied Bank’s Dastgir branch, in the sum of Rs1 million. The applicant is being tried by the special court for banking offences in a criminal case wherein Rs9.2 million were transferred from the ABL branch to another bank through forged advice.

Appearing for the applicant, Advocate Faiz H. Shah argued that he was himself victim of a criminal conspiracy. The applicant has been implicated on mere suspicion and there was no evidence to connect him with the commission of the offence, the lawyer further contended.

NAB arrest

The National Accountability Bureau (Sindh) on Wednesday arrested Mohammed Afaq Shamsi of the Quice Food Industries with his nine associates.

NAB said that they had obtained a loan of Rs80 million from a private bank and paid back only Rs27 million and did not want to pay the remaining amount.

A NAB official said the arrest was made as the State Bank via a letter asked the NAB authorities to take action against the said persons under the NAB Ordinance 1999. The accused would be produced before the administrative judge of the accountability courts for a remand on Thursday, he added.







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