1. ' NADEEM AZHAR SIDDIQI, J.---An adjournment has been sought on behalf of Khawaja Shamsul Islam, Advocate for the plaintiffs, on the ground that he is busy before another bench.
2. 'Mr. Arshad Tayebaly, learned counsel for defendant No.1, states that learned counsel for the plaintiffs after obtaining the injunction order is avoiding to proceed with this matter. He further submits that in the year, 2006 when this suit was filed the maintenance charges were Rs.2 per Sq.
3. Ft. Which were increased to Rs.3.50 per Sq. Ft. From January, 2006 and the present rate is Rs.5 per Sq. Ft. He submits that by taking advantage of the injunction order the plaintiff is not paying the maintenance charges at the prevalent rate and is availing all facilities.
4. ' By order, dated 16-1-2006 the defendants were restrained from disconnecting any amenity/facility enjoyed.By the plaintiffs. In the prayer clause of the plaint the plaintiffs have challenged the maintenance agreement, dated 17-2-2004.
5. ' It is an admitted position that the defendant No.1 is providing certain amenities to the plaintiffs against payment of charges in terms of maintenance agreement, dated 17-2-2004 which has been challenged in this Court.
6. ' From the perusal of the order sheet it appears that the learned counsel for the plaintiffs is obtaining adjournments from time to time and the' request of learned counsel for defendant No.1 for deposit of difference before the Nazir Appears to be reasonable.
7. ' In view of the above to protect the interest of both the parties the plaintiffs are directed to deposit the difference of maintenance charges at the rate of Rs.1.50 per Sq. Ft. With the Nazir of this Court from January, 2006 till date within four weeks. After the deposit of the amount the injunction application and other applications will be heard and decided on merits.
8. ' At this moment Khawaja Shamsul Islam, learned counsel for the plaintiffs, has appeared and requested for time to argue the matter. He has been informed that order has already been passed he started misbehaving with the. Court and shouted in the Court and made allegations that the Court is showing indulgence to other counsel and there is something against him in the mind of the Court. Thrice he was asked to behave properly and to maintain the decorum of Court but to no avail. The conduct of learned counsel is unbecoming of an officer of the Court and is clearly amounted to contempt of Court. For any contempt which has been made in the face of the Court no notice is required to be issued and action can be taken. However, keeping in view that Khawaja Shamsul Islam is an advocate of this Court I issue show-cause notice to him to explain his position as to why action under Contempt of Court Ordinance, 2003, may not be initiated against him. Till such time this contempt notice is decided Khawaja Shamsul Islam, Adveoate, is restrained from appearing in any case in the High Court. Office is directed to circulate copy of this order to the all learned Judges of this Court.