LAHORE: The Lahore High Court (LHC) has issued notices and sought a reply on a miscellaneous application filed by actor Meesha Shafi seeking permission to deposit Rs5 million in cash as surety.
A two-member bench headed by Justice Ahmad Nadeem Arshad heard the miscellaneous application.
The bench had earlier directed Meesha Shafi to deposit Rs2.5 million in cash and Rs2.5 million as surety. The actor subsequently filed a miscellaneous application requesting that she be permitted to deposit the entire Rs5 million in cash instead.
The distinction is procedural but not trivial. A cash deposit places the full amount with the court, while a surety requires a third party to stand as guarantor, backed by property or other security. Applicants frequently prefer a cash deposit where arranging an acceptable surety is difficult, or where the applicant would rather not involve a third party in the litigation.
A Lahore sessions court had ordered Meesha Shafi to pay Rs5 million in damages. The High Court has issued a stay order on her appeal against the trial court’s decision, meaning the sessions court decree is not enforceable while the appeal remains pending.
The Rs5 million security is the condition attached to that stay. Appellate courts in civil damages matters routinely require an appellant to secure the decretal amount before suspending its execution, so that the successful party at trial is not left without recourse if the appeal fails.
With notices issued, the opposing party will now file a response to the application before the bench decides whether to vary the form of the security it originally imposed. The court did not pass any order on the merits of the underlying appeal during the proceedings.
Miscellaneous applications of this kind are heard separately from the main appeal and do not affect its outcome. They deal with the conditions surrounding interim relief — deadlines for compliance, the form of security, extensions of time — rather than the substantive question before the court.
The main appeal against the sessions court’s damages decree remains pending before the Lahore High Court. No date for the substantive hearing was announced at the conclusion of Wednesday’s proceedings.
Leave a Reply