T h e  off i ce   i s    d i rec t ed  to  serve Present :

notices upon the contemnor-respondents Mr. Justice J.B.M. Hassan

And  No. 2 and 3 by usual course as well as Mr. Justice Razik Al Jalil

by registered post with acknowledgment 15.01.2023  due at the cost of the petitioner.

Mr. Tanjib ul Alam with

The petitioners are directed to put Mr. Kazi Ershadul Alam, Advocates

                   …For the petitioner.  in requisites for service of notices upon Mr. M. M. Shafiullah, Advocate

the respondents No. 2 and 3 by registered

. . .For the respondent No.1.

post  as  well  as  through  usual  process The supplementary affidavit dated

within 03(three) working days.

15.2023 be treated as part of the main

Let  this  matter  be  posted  in  the petition.

daily cause list on 30.01.2023 for further Let a Rule be issued calling upon

order.

the  contemnors-respondents  to  show

cause  as  to  why  a  proceeding  of

contempt of Court should not be drawn

up against them for violating and flouting

the order dated 23.10.2022 of this Court

in  Arbitration  Application  No.  20  of

2020  and  why  they  should  not  be

punished for the contempt of Court and

and/or pass such other or further order or

orders as to this Court may seem fit and

proper.

The Rule is made returnable within

04(four) weeks.

Since  the  contemnor-respondent

No.1  has  entered  appearance  by  filing

vokalatnama. Service of notice upon him

is dispensed with.

The petitioner is directed to serve a

copy  of  the  application  along  with  the

annexures upon the learned Advocate for

the respondent No.1.

Present :

Mr. Justice J.B.M. Hassan And

Mr. Justice Razik Al Jalil

15.02.2023

Mr. Tanjib ul Alam with

Mr. Kazi Ershadul Alam, Advocates

                   …For the petitioner. Mr. M. M. Shafiullah, Advocate

. . .For the respondent No.1.

In this matter this Court passed the order dated 23.10.2022 in the following manner:

“Pending hearing of the Rule, the opposite party is hereby restrained from selling or otherwise disposing the 3,245 cylinders owned by the petitioner (identifiable through punched logo of “BOC” or “Linde” on a Cylinder) to any third party for a period of 3(three) months from date and, further, the Opposite Party is directed to collect the Linde Cylinders that are being sold within 7 days of issuance of the order and submit an affidavit of compliance before the Court.”

On the allegation of non- compliance of the Court’s order, this Court issued Contempt Rule on 15.01.2023. But till today the contemnor- respondents did not comply with the Court’s order. Rather they have filed an affidavit in opposition today expressing

their inability to comply with the Court’s order.

In the circumstances, the contemnor-respondents are directed to appear in person before this Court on 20.02.2023 at 10:30am to explain their conduct regarding the matter.

Let this matter be posted in the daily cause list on 20.02.2023 for further order.

Present :

Mr. Justice J.B.M. Hassan And

Mr. Justice Razik Al Jalil

20.02.2023

Mr. ABM Altaf Hossain, Senior Advocate with

Mr. M. M. Shafiullah, Advocates

. . .For the respondents.

Mr. Tanjib ul Alam with

Mr. Kazi Ershadul Alam, Advocates

                   …For the petitioner. In compliance to the order dated

15.02.2023, the contemnor-respondents have appeared today before the Court.

On behalf of the contemnor- respondents Mr. ABM Altaf Hossain, learned senior Advocate prays for 02(two) months time to comply with the Court’s order. 

Considering the facts and circumstances, let this matter be adjourned until 06.03.2023 to comply with Court’s direction and to submit written explanation regarding their conduct in the matter.

The contemnor respondents are directed to appear in person before this Court on that day i.e 06.03.2023 at 10:30am.

Let this matter be posted in the daily cause list on 06.03.2023 for further order.