ABDUL MALEK (MD) Vs. GOVERNMENT OF BANGLADESH

JUDGEMENT

(1.) In this Rule, the petitioner calls in question the legality of the order bearing Memo No. JFCI/BIPINON-27/FMC (Sherpur) 146 dated 13-21997 passed by the General Manager (Commercial) on behalf of the Managing Director, Jamuna Fertiliser Company Limited, Jamalpur (Annexure-D) cancelling dealership agreement of the petitioner with forfeiture of the security money.

(2.) Facts relevant for disposal of this Rule, in brief, are as under:

(3.) The petitioner, a reputed businessman, was selected for appointment as a dealer of fertiliser by District Selection Committee and the Deputy Commissioner, Sherpur by his letter dated 24-12-1995 asked the petitioner to deposit Taka 2(two) lac as security money in favour of the Bangladesh Chemical Industries Corporations (hereinafter referred to as BCIC). The petitioner deposited Taka 2(two) lac as security money in favour of BCIC Thereafter he was appointed as a dealer for selling the fertiliser of Jamuna Fertiliser Company Ltd. (shortly, the company) by an agreement dated 10-11996 signed between the petitioner and the General Manager of the Company. Originally, the agreement for dealership was for a period of one year with effect from 10-1-1996 and subsequently, the said dealership was extended up to 30-4-1997. Clause 15 of the said agreement provides as follows: