FRANK SHIPPING LTD. Vs. GOVERNMENT OF BANGLADESH
SUPREME COURT OF BANGLADESH
Frank Shipping Ltd.
Government Of Bangladesh
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MUSTAFA KAMAL,J. -
(1.) This petition for leave to appeal by the writ petitioner is from an interlocutory order dated 4-8-97 passed by a Division Bench of the High Court Division vacating the order of stay dated 14-7-97 when the Rule Nisi was issued, upon an application by the Government-respondents.
(2.) A tender was floated by respondent No. 3 for discharging 2500 to 3000 metric tons of wheat through vacuvators from the Chittagong Silo Jetty. The writ petitioners tender was the lowest amongst three bidders and the Minister-in-charge of Ministry of Food approved of the petitioners tender on 4-2-97, but in a meeting held in the Ministry of Food on 16-3-97 a contrary decision was taken to give the work to Bangladesh Shipping Corporation which had been doing the same work at a much higher rate. While issuing Rule Nisi on 14-7-97, the Division Bench issued an interim order in the following terms-
Let the operation relating to discharge of bulk wheat from the out-turn vessels berthed in Chittagong Silo Jetty under vacuvators be stayed for 3 (three) months from date.
(3.) The respondents filed an application for vacating the order of stay on 3-8-97. A different Division Bench which did not issue the Rule Nisi, upon hearing the respondents only vacated the order of stay by the impugned order accepting the contention of the respondents that serious complication has been created by the order of stay in discharging bulk wheat from the outturn vessels to the Silo.;
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