KARACHI, Jan 28: Justice Zahid Kurban Alavi of the Sindh High Court directed on Monday the KESC managing director, his chief controller of billing, and four other contemnors to appear in person on Wednesday in an application pertaining to non-compliance with an earlier court order.

The plaintiff, represented by Syed Sami Ahmed, advocate, is operating Sabzazar lawns. He had filed a suit about four years ago challenging alleged overbilling by the utility.

The plaintiff sought order of restraint with a direction that his meters be checked properly. The order of restraint was passed in favour of the plaintiff with a notice to him.

Justice Ataur Rahman of the SHC had, while considering the plaintiff’s application, passed an order directing the plaintiff to deposit Rs200,000 a month and, at the same time, he appointed Electric Inspector to check the meter and submit report.

While the plaintiff was paying regularly the amount ordered by the court, his electricity supply was cut off by allegedly sending inflated bills. These were challenged and the attention of the court was invited that since report of the Electric Inspector was awaited, the KESC was not competent to send such bills, unless report of the Electric Inspector was placed on the court record.

It was further argued on behalf of the plaintiff that there was an earlier order under which his supply line should not be disconnected till the disposal of the case, provided he had not defaulted on the payment of Rs200,000 a month.

In view of that the High Court ordered that the supply of electricity be restored forthwith. While numerous orders of the SHC were operative, still the KESC officers, with 12 armed commandos, arrived at the business place of the plaintiff on Jan 25 and cut off the supply and served a legal notice dated January 21, 2002, which had been received on Jan 25. Through this notice the KESC had demanded the plaintiff to deposit more money.

On Jan 26, the plaintiff moved an application in the High Court that in spite of order of restraint and despite he had been paying Rs200,000 a month, without committing any default, his supply had been cut off.

On Saturday, Jan 26, Justice Wahid Bux Brohi, keeping in view that order of the SHC had been violated, he ordered restoration of electricity without any delay. That order was served on the KESC officials the same day through bailiff. But the electricity had not been restored till Monday.

As a result, the plaintiff moved an application maintaining that the KESC had wilfully defied and disobeyed the court’s order. Therefore, contempt proceedings be initiated against them.

The application came up before Justice Zahid Kurban Alavi who ordered personal appearance of the six contemnors on Jan 30.