KARACHI, Aug 22: Justice Anwar Zaheer Jamali of the Sindh High Court on Friday adjourned hearing of an admiralty suit against the Russian flag carrier M.V.Umka, a tug boat, till August 27.
The suit was filed on behalf of Esprit Engineering, Singapore versus M.V Umka, Sierra International Shipping Corporation SA, Port Loius, Mauritius, Murmansk Area Salvage and Towing Agency, Murmansk Russia, International Towing Services, Netherlands and Seaway International, Dubai, U.A.E.
The plaintiff suing the defendants for recovery of US $ 370,936 maintained that the plaintiff chartered the tug boat M.V Umka for towing plaintiffs barge Shin Yo at the port of Jebel Ali.
The crew of the defendant/arrested tug boat abandoned the towing on 1-9-2002 without passing any information to the plaintiff. As a result of this violation of terms of charter party, plaintiff had to arrange another replacement tug during which a delay of 29 days was caused.
When the suit was taken up on Friday, Sajid Zahid, counsel for the plaintiff submitted his arguments. Shaiq Usmani, a former judge of the SHC, appearing for the defendants also made some submissions. During arguments the court asked the counsel of the petitioner whether the plaintiff was ready to accept a security of US$140,436.
The counsel for the plaintiff sought time to seek instructions. The bench then put of further hearing till August 27. It is worth mentioning that M.V Umka has already been detained on the orders of a bench of SHC.
NOTICE ISSUED: A division bench of the High Court of Sindh, comprising Justice Ghulam Nabi Soomro and Justice Muhammed Afzal Soomro, on Thursday issued notice to deputy prosecutor general National Accountability Bureau (NAB) for August 29.
The bench was hearing a bail application filed by accused Shaikh Aejaz-ur-Rahman. Barrister Azizullah K. Shaikh and Shaista Shamim advocate, represented the applicant accused in the Alliance Motors and T.J. Ebrahim case.
When the bail plea came up for hearing, the counsel for the applicant prayed for bail submitting that no evidence was available against the accused. Raising the ground of statutory delay, the counsel maintained that the applicant had been arrested in 2002 and since then was behind bars.
The bench, after initial arguments by the counsel, issued notices to the DPG, NAB for August 29.
PLEA DISMISSED: Justice Muhammed Sadiq Leghari of the High Court of Sindh on Friday dismissed the bail application of one Muhammed Tariq, accused of committing a robbery at a bakery.
According to prosecution, Raja Abdul Waheed, owner of Mashallah Bakery, Geyanabad, Malir Extension, lodged an FIR at the Khokharapar police on 4-4-2003. According to the FIR two young boys came to his bakery and snatched Rs2055 from him and his friend Wahid Bakhsh at gunpoint. As the robbers were fleeing the complainant and his friend overpowered both the accused. They were identified as Muhammed Tariq, present applicant and Rahman Shah.
Police were called and accused were handed over to them. They were booked under section 392/34 P.P.C.
The applicant moved the trial court (ADJ, East VI) for bail. When the bail plea came up for hearing, state counsel Ms Akhtar Rehana opposed it. The bench dismissed the bail application.
The same bench also dismissed a criminal revision application filed by S.N. Abbas impugning an order passed by judicial magistrate East, allowing an acquittal application filed by respondent/accused Anis-ur-Rahman.
According to the applicant, he has a tenancy dispute over bungalow 28-C, Block II, PECHS. On 17-2-2003 Zafar, son of the landlord, accompanied by ten armed men entered the premises and tried to dispossess him and his family. A scuffle ensued during which police were called. They arrested some persons from the place while others managed to flee.
The complainant/ applicant alleged that Anis-ur-Rahman was one of the persons who barged into his premises.
The accused/ respondent Anis moved an application under section 497-A seeking acquittal from the case for want of evidence before the concerned JM. The JM, after hearing the counsel for accused/respondent, allowed the application against which the instant revision was filed.
Khawja Naveed Ahmed advocate, appearing for the applicant, prayed to the court to set aside the order of the JM.
State counsel Ms Akhtar Rehana opposed the plea and requested the court to uphold the order of the JM as prima facie no evidence was available against the respondent as observed by the JM, and no conviction could be awarded on the statement of the co-accused.
The bench, after hearing the sides, dismissed the revision application.—APP