1. ABDUL HAYEE KURESHI, ACTG. CJ.-Petitioner Mohammad Hafeez Azmat has filed this Constitutional petition against the Trustees of Port of Karachi (hereinafter to be referred as respondents) praying that the respondents be restrained from proceeding with the case against the petitioner for recovery of dues of K. P. T. Against World Marine Services Ltd. Before Martial Law Authorities. Shortly stated the case of the petitioner is that he was Chairman of Messrs World Marine Services Ltd. a company incorporated/limited .By shares and registered under the Companies Act, 1913, which Ras doing business but subsequently the company, was wound up and such petition No. J. M. 13/81 was filed in the High Court. Respondents instead of filing objections or making claim for recovery of their dues in the High Court, approached Martial Law Authorities and consequently Lt. Commander M. A- M. Bukhari working with Martial Law Authorities called the petitioner in his office and pressed for payment of outstanding dues to K. P. T. Comments were called for from the respondents which are on the record and Mr. Zahiruddin Khan, Advocate put in appearance for respondents. In the comments the whole story has been unfolded. Admittedly, the petitioner was Chairman of Messrs World Marine Services Ltd. Which worked as authorised/licensed shipping agents under the Customs Act and as such agents were under legal obligation to clear port dries and Customs dues in respect of their foreign visiting vessels. The said Company neglected to clear port dues which accumulated to the extent of Rs. 7,83,351.14. Respondents demanded clearance of -dues failing which they threatened legal action. The said Company requested for 15 days time vide letter dated 14th January, 1980 to arrange for funds. Time was granted and several reminders were issued for payment with no result. Meanwile arrears rose up to Rs. 8,32,798.90 and for recovery demand was made vide letter dated 17th November, 1980. This registered notice was returned undelivered. In the meantime respondents came to know that the petitioner has closed down business of the said Company in order to evade payment of outstanding dues and started another business in-the name and style of `Azmatullah Limited'. Respondents sent another notice to the petitioner on his new address which was refused by the petitioner and was returned undelivered. In such circumstances respondents approached Martial Law Authorities for recovery of dues from the petitioner.
2. It is further. The case of the respondents that the petitioner has made the payment of all outstanding dues by way of cheques, which have been encashed with the exception of one cheque bearing No. 198552 dated 2nd March, 1982 for a sum of Rs. 1,00,000 which could not be drawn as dates were changed in it several times by the petitioner and ultimately, the same was sent back by the bank with reason. "account closed". According to Mr. Zahiruddin Khan the, respondents have been able to recover all the arrears with the exception of Rs. 1,00,000 as stated- above.
3. Petitioner has not stated anything in the Memo of petition about his making payment to the respondents in respect of dues. The only thing alleged in the petition is that Martial Law Authorities are intervening in the, matter on behalf of the respondents and are pressing him for making payment of public dues. No where in the petition it is admitted that any payment was made to the respondents due to the efforts of the Martial .Law Authorities. Only legal objections have been taken in the petition that Martial Law Authorities were not competent to intervene in the matter. It is interesting to note that in one of the annexures appended with the petition there is a letter dated 8th February, '1982 written by the petitioner addressed to the Deputy Martial Law Administrator, Karachi, the contents whereof are reproduced as under :- Further to our letter No. A. K./D. M. L: A./H., A. S./82/17. Dated 6th February, 1982 in response to your calling notice dated 1 February, 1982 and reference to the visit of the undersigned with the Advocate Mr. A. Rauf to your esteemed. Office on 7th February, 1982 and request to inform you that the Company referred in under reference letter has winded up and the matter is in the High Court of Sind at Karachi-for appointment of Liquidator and we there--fore request you to please keep the matter pending till the decision is taken by the High Court.
4. Meantime, I am enclosing herewith photocopy of Gazette of Pakistan dated 18th November, 1981 together with an opinion letter dated. 7th February, 1982 by my Advocate for your kind perusal."
5. What really transpires from the comments and the letter of the peti--tioner reproduced above is the fact that the petitioner has appeared before the Martial Law Authorities and the payment has been made by the peti--tioner to the respondents of outstanding dues. It is also indisputable that the petitioner has surrendered to the jurisdiction of Martial Law Authorities and did make the payment. In any case, it is now beyond dispute that the claim of the respondents stands satisfied and outstanding dues against the petitioner have been paid up except Rs. 1,00,000. So far this petition is concerned, it is pertinent to note that in the memo other person or authority has been impleaded as the respondent except K:' P. T. Even full facts that payments have. Been made to the K. P. T have not been given in the petition.
6. An argument was raised by Mr. A. Rauf that the cheques were issued by the petitioner under threat or coercion. This is hardly plausible as the petitioners have raised this plea at a later stage when all but one cheque have been cashed. In any case threat or coercion is attributed to the Martial Law Authorities who have not been impleaded as respondents. In any case we are not inclined to enter into determination of such question in the instant case, when such determination would necessarily involve recording of evidence. st