KARACHI, May 18: The Sindh High Court has issued notices for Aug 7 to a company which manages a five-star hotel, in a suit filed by a shopowner who has claimed damages worth Rs9,85,00,000 with 15 per cent mark-up in compensation for theft in his shop due to alleged security lapse.

The suit has been instituted by Abdul Ghani Usman, proprietor of M/s Slavix Jewellers & Gemmologist, located in Karachi Sheraton Hotel Shopping Arcade. M/s Arabian Sea Enterprises Limited is the defendant.

The defendant is owner of Karachi Sheraton Hotel where the plaintiff had a jewellery shop in its shopping arcade. All the shops in the said arcade were under the supervision and control of the defendant, who was also responsible for the security and management of the said shops, particularly while the shops were entrusted to the security staff of the defendant.

It is the case of the plaintiff, represented by Nasir Maqsood, that on August 4, 2000, before leaving for home he had properly locked the shop and after checking it the same was entrusted to the security staff of the defendant.

But to his utter surprise he was informed the next day (on Aug 5) around 7:30am by the security staff of the defendant that a robbery had been committed in his shop which had been detected around 1am by them.

The plaintiff and his father rushed to the spot and informed police immediately as by that time the defendant had not done so. The plaintiff entered the shop with police officials and security staff of the defendant, and to their utter shock and dismay they found the entire shop empty and the entire stock of diamonds and other jewellery items, which had been displayed for sale, were found to be stolen.

Not only that, the entire cash lying in the safe/locker was also taken away, not even a single ornament or jewellery had been left, and the plaintiff was deprived of the entire jewellery, valuable articles and cash lying over there. The loss was evaluated at Rs2,85,00,000.

On the alleged refusal of the defendant to lodge an FIR, the incident was reported to Civil Lines police station by the plaintiff and the FIR was lodged by police under section 379 of PPC vide FIR No 75/2000 dated 5. 8. 2000, but the police authorities did not investigate the matter on scientific lines.

It is the case of the plaintiff that this ugly incident led to huge pecuniary and non-pecuniary losses to him.

The incident occurred as a direct result of negligence on the part of the defendant as the intruders had entered by the door which must have been unlocked under the nose of their security staff and resulted in removal of the valuable goods of the plaintiff.

It is the case of the plaintiff that he has suffered the loss of goodwill and trust among the customers and the market as the confidence of customers and market brokers has shaken, and no body is ready to carry on transaction with him as they are insisting on first reimbursement of their valuables which he is unable to compensate.

The plaintiff has assessed a sum of Rs50 million as the past and prospective loss of business under this head. Besides, the incident has also resulted in causing enormous shock, undue embarrassment and harassment and misery which have affected his efficiency and personality. The plaintiff also claims a sum of Rs20m for such losses.