KARACHI, Jan 30: As the KESC managing director, his chief controller of billing and other contemners did not turn up despite an order for personal appearance, Justice Wahid Bux Brohi of the Sindh High Court on Wednesday ordered repeating notices and also took notice of refusal to receive the notice by one of the contemners.
The directives was issued when a contempt application pertaining to non-compliance of an earlier order of the court came up for hearing.
The plaintiff, who is operating Sabzazar Lawns, was represented by Syed Sami Ahmed, advocate, who submitted that the order of restoration of electricity “forthwith” had not yet been complied with.
As per report of the bailiff, the managing director kept him waiting for 20 minutes when his private secretary came out and informed the bailiff that he was not in the city and as such the notice could not be served.
The bailiff also reported that the chief controller of billing, KESC, Anwar Ali Roomi, refused to accept the notice. However, a zonal controller was present in the court. Since his name was not among the contemners, the court ordered the plaintiff to submit his name and also the name of the KESC managing director.
Counsel Sohail Rana, representing KESC, was asked by the court as to why its orders were not complied with. He could not satisfy the court, and the court directed him to make a specific statement in writing which could be submitted on Feb 1.
The court also took special notice that Anwar Ali Roomi had refused to accept the notice.
However, the plaintiff was directed to repeat the notices against all contemners, with the exception of the one who was present in the court. However, the court will decide on Feb 1 as to what action should be taken for disobeying the order of the court.
The plaintiff had sought order of restraint with a direction that his meters be checked properly. The order of restraint was passed in favour of the plaintiff with a notice to the plaintiff.
Earlier, Justice Ataur Rahman of the SHC had, while considering the plaintiff’s application, passed an order directing the plaintiff to deposit Rs200,000 per month and at the same time he appointed electrical inspector to check the meter and submit a report.
While the plaintiff was paying regularly the amount ordered by the court, his electricity supply was cut off by allegedly sending exaggerated bills. These were challenged and attention of the court was drawn that since report of the electrical inspector was awaited, the KESC was not competent to send such bills, unless report of the inspector is placed on the court record.
It was further argued on behalf of the plaintiff that there was an earlier order under which his supply line shall not be disconnected till the disposal of the case, provided he has not defaulted in the payment of Rs200,000 per month.
In view of that the high court ordered that the supply of electricity be restored forthwith. While numerous orders of the HC were operative, still the KESC officers, with 12 armed commandos arrived at the business place of the plaintiff on Jan 25, 2002 and cut off the supply and served a legal notice dated Jan 21, 2002, which was received on Jan 25. Through this notice, the KESC had demanded the plaintiff to deposit more money.
On Jan 26, an application was moved in the high court stating that in spite an order of restraint and despite the fact that he was paying Rs200,000 per month, without committing any default, his supply was cut off.
On Jan 26, Justice Wahid Bux Brohi, keeping in view that order of the HC had been violated, ordered restoration of electricity without any delay. That order was served on the KESC officials the same day through bailiff. But the electricity was not restored till Wednesday.
As a result, the plaintiff moved an application maintaining that the KESC has wilfully defied and disobeyed the court’s order. Therefore, contempt proceedings be initiated against them.