BIMAN BANGLADESH AIRLINES Vs. AL ROJONI ENTERPRISE

JUDGEMENT

(1.) This is a petition for leave to appeal in respect of the judgment and decree dated 26.11.2008, passed by the High Court Division, in allowing the First Appeal No.28 of 2004 and in decreeing the suit for Tk. 21,19,971.60 with interest of the rate of 8% per annum.

(2.) The facts of the case, in brief, are that the respondent filed a money suit being the Money Suit No. 21 of 2001 in the Court of Subordinate Judge, Third Court, Dhaka, praying for a decree for Tk. 41,50,500/- against the petitioner towards demurrage, compensation etc., contending, inter alia that the respondent imported watch-parts from Hong Kong worth U.S.$ 18,911/- to be delivered in Dhaka Airport on 22.01.1999 by Biman but it was never delivered in spite of enquires, notices and reminders. The petitioner contested the suit by filing a written statement denying all material averments made in the plaint.

(3.) After hearing, the Trial Court, dismissed the suit.