Ex-adviser, secy appeal against Tk 25cr compensation
Former shipping adviser Maj Gen (retd) MA Matin and former secretary Sheikh AK Motahar Hossain yesterday appealed to the same court to set aside its November 3 judgment that directed them to pay Tk 25 crore as compensation.
Advocate Anwar Zahid Bhuiyan, counsel of the duo, submitted the petition on grounds that the judge did not follow the rules and provisions of the Civil Procedure Code (CPC) in giving the judgment.
Judge Mohammad Mohsinul Haque of the Second Joint District Judge's Court of Dhaka on November 3 delivered the judgment against the duo for ignoring the lowest bidder relating to a container handling job at Chittagong port in 2008 in violation of rules.
The judgment was issued on a lawsuit filed by Everest Enterprise in 2009 for compensation.
In the petition, Zahid mentioned that the lawsuit was dismissed on March 21 this year, as the plaintiff was absent from the court on several consecutive dates.
But later the judge revived the suit again on May 5 upon an appeal submitted by the plaintiff without serving any notice upon the defendants.
After the hearing, the judge did not pass any order on the petition.
According to provisions of the CPC, the parties should be served notices before reviving any dismissal suit. But in this case, the judge ignored the rules and provisions of the CPC, said Zahid Bhuiyan.
Mohammad Shahadat Hossain, proprietor of the enterprise, filed the lawsuit against the two on September 1, 2009 after the Tender Evaluation Committee dropped his company, the lowest bidder, from the bidding process on November 20, 2008.
Shahadat alleged that the two dropped his company, the lowest bidder for container handling job at Chittagong port, from the bidding without showing any cogent reasons and caused a loss of Tk 25 crore to his firm.
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