NOVARTIS FOUNDATION FOR SUSTAINABLE DEVELOPMENT Vs. BIKASH

JUDGEMENT

(1.) This civil petition for leave to appeal by added respondent No. 4 calls in question the order dated 31-1-2000 passed by a Division Bench of the High Court Division in Writ Petition No. 6059 of 1997 discharging the Rule for non prosecution on the prayer of the wit-petitioner.

(2.) The writ petition was filed on 27-8-97 and on that date a Division Bench of the High Court Division presided over by Mr. Justice Md. Mozammel Haque issued Rule and pending hearing of the Rule, the operation of the impugned order was stayed. In the meanwhile, the present petitioner was added as respondent No. 4 in the writ petition. Thereafter, the matter was mentioned before the Division Bench presided over by Mr. Justice Khandker Mahmud-ul Hasan for vacating the order of stay. It appears from the order-sheet of the writ petition that the Division Bench presided over by Mr. justice Khandker Mahmud-ul Hasan directed Rahman, Rahman and Huq, Chartered Accountant to submit an Audit Report before the Court within 2 months. Thereafter, on 28-4-99 a prayer was made by the writ petitioner for withdrawal of the case for not on that date the Division Bench presided by Mr. KM Hasans passed the following order:

(3.) At a subsequent point of time on 31-1-2000 on the prayer of the writ-petitioner another Division Bench presided over by Mr. Justice Md. Mozammel Haque discharged the Rule for non prosecution. This order has been challenged before us by added respondent No. 4.