BUX SHIPPING LINE Vs. BANGLADESH WATER DEVELOPMENT BOARD

JUDGEMENT

(1.) The petitioner seeks review of the judgment of December 12, 2001 in Civil Appeal No. 195 of 2000 (heard along with Civil Petition No. 1181 of 2000). The Civil Appeal was filed against the judgment and decree of February 1, 2000 of a Division Bench of the High Court Division in First Appeal No. 269 of 1999 affirming the judgment and decree of January 11.1999 of the 5th Court of Subordinate Judge, Dhaka in Title Suit No. 106 of 1994 decreeing the same upon making the award dated August 22, 1994. The Court of Subordinate Judge decreed the title suit for the awarded amount of Tk. 2,01,52, 289.84. The learned Subordinate Judge while making the award did not allow interest on the awarded amount either from the date of making of the award or from the date of making the award till realization of the awarded amount, though the umpire at the time of making the award allowed interest on the awarded amount at the Bank rate of the Sonali Bank till realization from the date of intimation of signing of the award.

(2.) Facts in the background of which dispute between the parties in the proceeding arose and was referred to the arbitrator need not be stated in detail since in the judgment under review facts relating to the dispute arbitrated have elaborately been stated.

(3.) Defendant respondents invited tender for carrying initially 500 Metric tons (MT) cement from Chittagong Cement Clinker and Grinding Factory to their go down at Serajgong on negotiated rate of Tk. 640 per MT. Later on quantity of cement to be carried was raised at different times and finally to 6000 MTs. On completion of carrying of the total quantity of cement plaintiff petitioner submitted bills and the payment having not been made as per billed amount the dispute in the light of the terms of the agreement was referred to the Arbitrators and that the Arbitrators having has differed the matter was referred to the Umpire and the Umpire made the award for the amount as mentioned hereinabove with interest.