CALMARE NAVIGATION CO. LTD. Vs. MOHAMMAD NURUL HOQUE

JUDGEMENT

(1.) This petition is from an order passed by a Division Bench of the High Court Division allowing an application for modification of an earlier order.

(2.) Relevant facts are like this: the petitioner filed a First Appeal, No.253 of 1993, in the High Court Division and obtained an order of Stay of the connected Money Execution Case, No.10 of 1993, of the First Court of Subordinate Judge, Chittagong. The petitioner obtained a Rule for contempt of court against the respondents for alleged violation of the stay order passed by the High Court Division, in Contempt Case No. 34 of 1997, which is still pending. The first appeal was allowed in part and a leave petition filed against the judgment of the High Court Division by the petitioner has since been dismissed on 17-11-97.

(3.) The respondent No.2 filed an application for modification of the order dated 29-6-97 by which Rule was issued and some incidental order was passed in the contempt matter. The purport of the application was to obtain an order vacating the order staying proceedings of the Money Execution Case No.10 of 1993. The application, as already noticed, has been allowed by the impugned order.