KARACHI, Aug 6: After police denied custody of a brother of a declared absconder, Naveedul Hassan, who carries head money of two million rupees for complicity in the US consulate bomb blast, the Sindh High Court put on Tuesday Deputy Attorney-General on notice for Aug 13.

The court issued the order after the petitioner, Lt-Col Abdul Waheed Khawaja (retd), told the court that his son Zubair Waheed was taken by security men, including the paramilitary rangers, on June 27, following a raid on his house at 4:30am. The petitioner was represented by Khwaja Naveed, advocate.

In reply to the petition, police have submitted that the allegations are fabricated as the Investigation-II (Homicide) staff had never raided the house of the petitioner with rangers.

When the raiding party had got hold of his younger son, and when the security men were asked why they were taking him, according to the petitioner, a police official had told him that his son would come back in the morning after they had made some inquiries.

The family made several inquiries, the petitioner claimed, but his son was still missing and was in illegal custody of police. He had not been produced in any court of law.

It is the case of the petitioner that he and the detainee are entitled to know the grounds of detention and material against the detainee in the hands of the detaining authority.

Bank CASE: The Sindh High Court has admitted a recovery suit, filed by a borrower, for excess payment against Bank of Khyber as a banking suit, and issued notice to the bank for appearance and filing of application for leave to defend.

The case has been fixed on Aug 9.

Mr Nazimuddin, sole proprietor of M/s Ali Enterprises, having its office in North Karachi Industrial Area, has filed the recovery suit through his counsel, advocates Saalim Salam Ansari and Mukhtiar Ahmed Kuber, and has claimed the recovery of excess paid amount of 51,649,261 rupees and 209,850 US dollars with cost.

It is the case of the plaintiff that the bank has wrongfully deducted Rs49.36 million from his account. That during the course of the business, the plaintiff had adjusted/paid off all the finance’s facilities. The foreign currency account has been also wrongfully adjusted by the bank.

The Bank of Khyber has filed a suit of recovery of about Rs49 million before the Banking Court No III at Karachi in which the plaintiff, Nazimuddin, has filed a petition for leave to defend, which is pending for the adjudication.

The bank has also filed a criminal complaint against the plaintiff in respect of removal of hypothecated stock (s) before the banking court. The plaintiff filed an application under section 265-K of CrPC for the acquittal which is also pending for adjudication, as, according to the plaintiff, the hypothecation stock (s) is very much available on the premises/godown of his factory, and that the bank has filed the criminal complaint without any photographs or inventory of stocks.

The plaintiff has prayed to redeem the mortgage properties and to award a money decree of Rs51,649,261 in addition to US dollars 209,850 along with cost (s) of funds or mark-up at 18 per cent per annum and sought a declaration that the agreement (s) of finance (s), promissory note (s), letter (s) of hypothecation (s) be declared null and void as well as invalid as become infructuous.

The plaintiff has also prayed for appointment of “commissioner for taking accounts” in respect of the excess amount paid by the plaintiff or for rendition of account as well as cost (s) of suit.

A permanent injunction has also been prayed to restrain the bank from disposing of the mortgage properties as well as to restrain the bank from illegal demand and/or recovery of the unwarranted and/or socalled outstanding dues which has been already adjusted/paid, as the plaintiff is entitled to decree of the excess paid amount of Rs51,649,261 as well as US dollars 209,85 only with equalizer and cost (s).