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KARACHI, Feb 4: The Sindh High Court restrained a builder and developer on Friday from cancelling allotment of an apartment booked by a plaintiff in a Defence Phase V housing project.
Plaintiff Fouzia Suhail alleged through Advocate Abid S. Zuberi that she booked an apartment in the Beach Developers' project Silver Stands, Phase V (extension), Khyaban-i-Shamsher, Defence Housing Authority, in August 2001 for a total consideration of Rs 4.5 million and paid Rs 3.2 million in instalments from time to time.
The last three instalments of Rs 100,000 each were not acknowledged by the builder despite en cashment of cheques through which they were made. The construction was stopped midway and she was asked to surrender her flat as 'the price of the property has greatly appreciated'.
The court issued notices to the builder and the DHA for Feb 23 and asked the builder not to cancel the allotment or create third party interest in the property in the meanwhile.
The SHC nazir was asked to inspect the site to ascertain the state of construction and examine the record and documents. The inspection fee of Rs 5,000 is payable by the plaintiff subject to adjustment towards the cost, if any, awarded against the defendant.
APPEAL DISMISSED: A division bench, comprising Justices Sarmad Jalal Osmany and M. Mujibullah Siddiqui, dismissed an appeal moved by a former assistant director of the (defunct) Karachi Development Authority for Qasba Town, Tariq Siddiqui, through Advocate Azizullah K.Shaikh.
He was jailed for five years and fined Rs 7.5 million or, in default, undergo rigorous imprisonment for 30 months more for making 27 allotments, including those of amenity plots, to encroachers on payment of illegal gratification.
He was found guilty of causing a big loss to the public exchequer. Advocate Naimat Ali Randhawa appeared for the prosecution. The bench granted bail to another cyber crime accused in the sum of Rs 355,000, the amount of loss he is alleged to have caused to Union Bank, the complainant.
Chaudhry Azmat Saeed was booked under Sections 420,468,471 and 34 of the Pakistan Penal Code for using skimmed counterfeit credit cards on the bank's electronic machines kept at petrol pumps and other outlets. Three co-accused had already been admitted to bail.
