1. ' Learned Assistant Advocate-General has placed a copy of letter dated 26-9-1997 indicating that the cheque in question dated 15-9-1997 for Rs,2,00,000 (Rupees two lacs only) stands en cashed in favour of the plaintiff. Let this letter be placed on record. In view of such fact, this application has become infructuous and is accordingly dismissed.
2. ' This matter does not end here. On the last date of hearing, I had ordered issuance of notices to the Treasury Office in view of the allegations levelled in this application that despite issuance of a cheque bearing No,505164 dated 15-5-1997, the same was not en cashed as there was a ban imposed by the Provincial Government. The amount against which the aforesaid cheque was issued was deposited with the Nazir of this Court as a result of compromise entered into between the parties on 13-2-1997 which is reflected in the order of this Court of even date. Now, the representative of Treasury Office has placed a copy of letter bearing No,B1/2(3)/1996-97, dated 2nd June, 1997 issued by Government of Sindh, Finance Department, in order to show that there was a ban on "all expenditure" imposed on the said date till further order. For the sake of convenience, the said letter is reproduced as follows:- "To ' The Accountant General Sindh, Tariq Centre, Tariq Road, Karachi.
3. ' SUBJECT: BAN ON EXPENDITURE (NON-DEVELOPMENT AND DEVELOPMENT 1996-97)
4. ' I am directed to refer to the subject noted above and to say that Government of Sindh has decided to impose ban on all expenditure except the following items with immediate effect and till further orders:
(i) Salary (excluding creation of new posts, leave vacancy and contract appointment).
(ii) Pension, Commutation and Gratuity. ' any deviation will be taken serious note of. This issues with the approval of competent authority.
5. (IQBAL AHMED M. SHAIKH), BUDGET OFFICER - I FOR SECRETARY TO GOVERNMENT OF SINDH."
6. This is not the first case where cheque issued on the orders of this Court was dishonoured, but I, face such situation particularly during the period May to July every year. In the instant case, the amount of Rs,2 lacs was deposited as a result of compromise entered between the parties and the Treasury Office. In my opinion, this amount had been retained as 'Amalie. In no manner does it fall within the definition of "expenditure" as mentioned in the said letter. According to this letter, ban is imposed only on expenditure and not on such amount which the Treasury has received and are liable to refund to the parties as a result of Court proceedings. It is pertinent to note here that the ban on expenditure was imposed on 2nd June, 1997 while the cheque under reference was issued on the 15th of May, 1997. The ban did not have a retrospective effect. Hence, the Treasury was bound to honour the said cheque, so long as it was presented within its period of validity.
7. Misinterpretation of this letter by the Treasury Office is in fact, causing serious hardship and inconvenience to the innocent litigants who want to withdraw their amount deposited in any proceedings by the order of this Court and for which they are entitled. Such legal proceedings include succession matters and suits for administration, therefore, any delay in payment may cause further hardships to the minors, orphans and widows. With This clarification, notice issued to the Treasury Officer stands discharged.
8. ' Before parting with this order, I would like to refer another letter of the same Department bearing No,B-1/2/(3)/1996-97 dated 13th June, 1997, which reads as follows:-- "To ' The Accountant General Sindh, Tariq Road, Karachi.
9. ' SUBJECT: LIFTING OF BAN OF UTILIZATION OF BUDGET 1996-97 OF THE HIGH COURT OF SINDH AND THE DISTRICT AND SUBORDINATE COURTS IN SINDH ' I am directed to refer to the subject noted above and with reference to the correspondence resting with this Department's letter of even number dated 2nd June, 1997, the Sindh High Court and District and Subordinate Courts of Sindh are hereby exempted from the ban, but within the Budget Allocation for the current financial year 1996-97.
10. ' The bills of above-referred offices are also exempted from ban for submitting to the office of the A.-G., 'Sindh/Treasury Office, Karachi and the State Bank of Pakistan, Karachi, for pass and payments etc. Up to 22nd June, 1997.
11. (IQBAL AHMED M. SHAIKH), BUDGET OFFICER-I FOR SECRETARY TO GOVERNMENT OF SINDH."
12. It is regrettable to note that despite above letter, the cheques issued as a result of this Court's order were not en cashed. For future, all the Government functionaries are advised to be more careful and vigilant while dealing with matters pertaining to the Court proceedings.
13. ' Office is directed to forward copies of this order to the Chief Secretary and Secretary, Finance Department, Government of Sindh as well as to the Nazir of this Court and that of all District Courts.