Former caretaker government adviser Maj Gen (retd) MA Matin
Former caretaker government adviser Maj Gen (retd) MA Matin and ex-secretary Sheikh AK Motahar Hossain Monday appealed to a Dhaka court to set aside a judgment directing them to pay compensation of Tk 25 crore.
Advocate Anwar Zahid Bhuiyan, counsel for the duo, in the petition argued that the judge did not follow the rules and provisions of the Civil Procedure Code (CPC) in passing the verdict.
On November 3, Judge Mohammad Mohsinul Haque of the Second Joint District Judge’s Court delivered the judgment against the duo for breaching rules by ignoring the lowest bidder in a container-handling job at the Chittagong port in 2008.
The verdict was issued on a lawsuit filed by Everest Enterprise for compensation in 2009.
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 the judge revived the suit again on May 5 upon an appeal by the plaintiff, without serving any notice upon the defendants.
After Monday’s 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.
Plaintiff, Mohammad Shahadat Hossain, proprietor of the enterprise, alleged that the two accused dropped his company, the lowest bidder for container-handling jobs at Chittagong port, from the bidding without showing any cogent reasons, and caused a loss of Tk 25 crore to his firm.
Shahadat 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.
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