ORDER SHEET

HIGH COURT  OF SINDH, KARACHI

Admn. Appeal No. 2/2009

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Date                                        Order with signature of Judge

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1.      For katcha peshi.

2.      for hg.of CMA 673/09

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23.6.2009

Mr.Mazhar Imtiaz Lari, Advocate for appellant.

Mr.A.H.Mirza, Advocate for  respondents.

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The appellant filed this appeal to seek enhancement of the surety amount from US$ 1.35,804/- to US$ 3,54,501/-.

Counsel for the Respondents has opposed this enhancement. He submits that the same was enhanced without hearing the Respondents.

In any case, we heard both the counsel and after going through the Survey report and the fact that the weight  was not to be done  on the  basis of actual shipment through 50 Kgs bags but on draft survey basis. In order to protect the appellant to a reasonable  extent we enhance the surety from US$ 1,35,804/- ordered by the trial Court to US$ 2,75,000/-.

By consent it is also ordered  that for the present the Bank guarantee shall be furnished for US$ 1,35,804/- and for the balance amount respondent undertakes to furnish within two weeks undertaking of P & I Club and get the ship released. Within two weeks the undertaking shall be replaced with bank guarantee.

This appeal stands disposed of with the direction to dispose of the suit within one year.

JUDGE

JUDGE