Case No: Civil Petition for Leave to Appeal No. 504 of 2009
Judge: Md. Abdul Matin,
Court: Appellate Division ,,
Advocate: Enayatur Rahim,Mohammad Golam Kibria,,
Citation: VII (ADC) (2010) 189
Case Year: 2010
Appellant: Director General of Food
Respondent: Al-Falah Shipping Lines Limited and others
Delivery Date: 2009-5-10
MM Ruhul Amin CJ
Md. Tafazzul Islam J
Md. Abdul Matin J
Md. Abdul Aziz J
Director General of Food, 16 Abdul Goni Road, Dhaka-1000
Al-Falah Shipping Lines Limited and others
May 10, 2009.
It appears that the High Court Division correctly found that the order of this Division in Civil Appeal No. 23 of 1994 is a self contained order. It appears that this Court ordered that the plaintiff decree holder will satisfy the decree of Money Suit No. 48 of 1994 of the 3rd Commercial Court and Artha Rin Adalat, Chittagong to the extend of tk. 66,39,572.70 upon realization of the decretal amount form the appellant judgment debtor-1. Since the direction of this Court is clear and unambiguous in the matter of execution of the decree the High Court Division committed no illegality in rejecting the application for addition of party. ….(9)
Enayetur Rahim, Additional Attorney General instructed by B. Hossain, Advocate-on-Record-For the Petitioner.
Golam Kibria, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondent Nos. 1 -2.
Not represented-Respondent Nos. 3-6.
Civil Petition for Leave to Appeal No. 504 of 2009
(From order dated 27.08.2008 passed by the High Court Division in Execution Case No.05 of 2004.)
Md. Abdul Matin J.
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.
4. The carrier filed Money Execution Case No.05 of 2004 following the decree of the High Court Division. The BIWTC was demanded on 22.03.2007 to make payment to the carrier according to the said Money Execution Case.
5. Now if BIWTC makes entire payment which included cost of wheat of Food Department of the carrier, then it will be difficult to recover the amount of Tk.66,39,572.30 of Food Department from the carrier.
6. Under such circumstances the government filed an application to be added as a party in the Execution Case No.05 of 2004 filed by M/S. Al Falah Shipping Lines Ltd. but the High Court Division by judgment and order dated 27.08.2008 was pleased to reject the said application.
7. Being aggrieved by the judgment and order of the High Court Division, the Director General of Food has filed this petition for leave to appeal.
8. Heard Enayetur Rahim, the learned Additional Attorney General and perused the petition and the impugned judgment and order of the High Court Division and other papers on record.
9. It appears that the High Court Division correctly found that the order of this Division in Civil Appeal No.23 of 1994 is a self contained order. It appears that this Court ordered that the plaintiff decree-holder will satisfy the decree of Money Suit No.48 of 1994 of the 3rd Commercial Court and Artha Rin Adalat, Chittagong to the extend of Tk. 66,39,572.70 upon realization of the decretal amount from the appellant judgment debotor-1. Since the direction of this Court is clear and unambiguous in the matter of execution of the decree the High Court Division committed no illegality in rejecting the application for addition of party.
We find no substance in this petition which is accordingly dismissed with the above observation.