KARACHI, Sept 22: Justice Anwar Zaheer Jamali of the Sindh High Court on Monday decreed against two Philippine-registered vessels C.V. Lamon Bay and C.V. Sinnar Padang and others in the sum of Rs1,747,845 and Rs467,107, respectively, on two identical suits filed for recovery of damages.
Plaintiff Sadaruddin & Company had filed two suits for damages of Rs4,650,322 and Rs1,316,635 respectively against C.V. Lamon Bay, C.V Sinnar Padang, the agent companies, and the Akil Industries of Sri Lanka.
It was submitted that the plaintiff had made an agreement with a Sri Lankan firm for the export of potatoes from Karachi. Six consignments worth $24,916 and two worth $8,649 were handed over to the agent companies for shipment.
The plaintiff stated it had instructed the agent companies to release the consignment against a bank guarantee and, through his bank, sent the shipping documents to the banker of consignee for collection.
The defendants allegedly in violation of the contract delivered the consignment to the consignee without bank guarantee. Due to the agent company’s act, it stated, the consignee did not retire the documents pertaining to the consignments on payment and the shipping documents were returned to the banker of the plaintiff at Karachi.
It stated that the defendants made deliberate breach of contract, caused him a loss of Rs4,650,322 and Rs1,316,635 for which they were liable to compensate.
The defendants filed written comments and submitted that the plaintiff was himself responsible for the loss as he instructed the release of bank guarantee in lieu of the original bill of lading. As the legal contractual obligations were performed, they were not responsible for the loss.
The court after hearing arguments of both sides decreed the plaintiff Rs1,747, Rs845 and Rs467,107 against the defendants.
CLUB CASE: Justice Mohammed Ashraf Leghari of the SHC on Monday disposed of two identical petitions filed by the Stadium Club Association Incorporated established inside the Hockey Club of Pakistan Stadium.
The bench taking up one petition filed a few days back and another filed in 1999 directed that “No harassment shall be caused to the petitioner.”
Earlier, Advocate Amin Lakhani appearing for the petitioner, Munawwar Ali, general secretary of the association, submitted that it was a membership club where facilities for indoor games had been provided for the entertainment of the members. The counsel alleging harassment by police to the members said that two mobiles parked at the main entrance to the stadium and club were driving away the members.
Ali Asghar Shah, SDPO, Clifton Town, Additional SHO of Artillery Maidan, Zia Ahmed, and Qamar-uz-Zaman, SHO of Frere, appearing before the court earlier submitted that no harassment was caused to the petitioner.
They also assured the bench that no action would be taken against the petitioner contrary to law. After this statement by the police officials, the bench disposed of the petitions.
CARNAGE CASE: The judicial magistrate who recorded the confessional statement of
Khawaja Saleemuddin, accused in the Mehfil-i-Murtaza carnage case, complied with all mandatory provisions of law.
This was submitted by Additional Advocate-General of Sindh Sarwar Khan appearing before an appellate bench of the SHC, comprising Justice Ghulam Nabi Soomro and Justice Sarmad Jalal Osmany, seized with the hearing of the carnage case, on Monday.
The magistrate gave a reflection time of more than an hour and a half to the accused and after recording the confession obtained signature, too, submitted the AAG.
Before the trial court the case of appellant was that a written statement was given to the magistrate, who incorporated it after which the accused was forced to sign the statement.
No question or suggestion was made to the magistrate or to the investigating officer in this respect, said the AAG.
He submitted that the accused themselves gave the motive and told the investigators that the carnage was carried out by them as earlier, armed persons from the other factions attacked the mosque of their sect at North Karachi and Liaquatabad.
The AAG was on his feet when the court put off further hearing till Tuesday.
According to prosecution accused Khawaja Saleemuddin, Mansoor Ali Baber and five other accused opened fire on the people offering Fajr prayers in Mehfil-i-Murtaza in PECHS killing 11 persons in 1995. The accused were tried and sentenced to death by a special court for suppression of terrorist activities against which the instant appeals were filed.
Advocates Azizullah K. Shaikh and Mohammed Ashraf Kazi are appearing for the appellants. — PPI/APP