DIRECTOR GENERAL OF FOOD Vs. AL-FALAH SHIPPING LINES LIMITED
SUPREME COURT OF BANGLADESH
Director General Of Food
Al-Falah Shipping Lines Limited
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MD.ABDUL MATIN,J. -
(1.) The delay is condoned.
(2.) This petition for leave to appeal is directed against an order dated 27.08.2008 passed by the High Court Division in Execution Case No. 05 of 2004.
(3.) The facts, in short, are that M/S. Al Falah Shipping Lines Ltd. made an agreement on 23.10.1984 with Food Department as a Private Major carrier. The coaster Al Falah-I sunk on 25.01.1985 near Gazaria of Munshigonj District with 800.00 metric tons of government wheat. The coaster took look the wheat from Chittagong Silo on 23.01.1985 and was bound from Narayanganj Silo while a Tanker of BIWTC dashed it near Gazaria and the accident occurred. Food Department held the carrier responsible and filed Suit No.48 of 1994 in the 3rd Commercial and Artha Rin Sub-Judge Chittagong demanding Tk. 66,39,572.70. The suit was decreed and the carrier was directed by the Court to make payment within 90 days. Food Department filed Money Execution Case No. 16 of 1996 in the said Court. On the other hand M/S. Al Falah Shipping Lines Ltd. filed Admiralty Suit No.06 of 1986 in the High Court Division against BIWTC and the concerned Master of the Tanker demanding Tk. 2,01,62,716.70 and the Court was pleased to pass an order on 11.01.1991 against BIWTC to make payment of Tk. 1,58,66,151.00 which included Tk.66,39,572.30 as the cost of the wheat of the Food Department. Money Execution Case No. 16 of 1996 filed by the Food Department was stayed consequent upon the decree of the High Court Division.;
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