Money suit continuing for 20 years to realise consultancy fee
Staff Reporter :
A money suit filed in 2003 against Westmont Power (Bangladesh) Limited, a power company, is still pending before the courts.
Muhammad Iqbal Hussain Sharif, who worked as a consultant of the Westmont Power (Bangladesh) Limited, filed the suit for realizing his consultant fees.
Iqbal Hussain Sharif said, “As the only consultant, on behalf of Westmont Power (Bangladesh) Limited, I obtained permission for two power projects from Bangladesh government on May 17 in 1998.
As per the clause no 4 of the contract, Westmont Company had to pay my consultancy fees of USD 3 million within 30 days from the signing of their contract with the Bangladesh Government which was inked on June 10 in 1998 and also on July 11 in 1998.”
However, the company paid him only about one sixth of the fee after the expiry date of the signed contract and did not want to pay the full fees.
Finally Sharif filed a Money Suit on October 2 in 2003 with the Second Joint District Judge’s Court in Dhaka which later turned as Money Suit no 15 of 2010 of the same court.
But his claim was rejected by the trial court on May 2 in 2011.
He later on August 14 in the same year filed an appeal petition with the High Court against the order of the trial court.
Upon hearing the HC bench of Justice Farid Ahmed and Justice Md Khasruzzaman on July 14 in 2014 allowed the appeal.
The appellant is entitled to get USD 4,84,708.27 as his consultancy fee, said the HC, and it also directed the company authorities to pay the amount to the appellant within two months.
He then moved the Appellate Division as he thought the rewarded amount fixed by the HC division was insignificant to the claimed amount.
However, the apex court on July 14 in 2014 turned down his petition and upheld the HC verdict.
Finally Iqbal Hussain Sharif in 2020 filed an Execution Suit with the Second Joint District Judge’s Court in Dhaka to realize the amount fixed by the High Court.
Upon receiving notices from the court, present directors of the company, Hasan Mahmud Raja and Ahmed Ismail Hossain, replied that they have purchased the company shares in 2010.
However, Sharif contracted with the company a long before their purchasing.
In reply the court said if someone purchases a company, being the company shareholder, shall be responsible to pay off the company’s debts.
So the court rejected their application to be exempted from the liabilities of the company.
Later Hasan Mahmud Raja and Ahmed Ismail Hossain went to High Court and obtained stay order on August 7 in 2022 for one year against the execution suit order.
Iqbal Hussain Sharif then took several attempts to contest the stay order, however, no hearing held till now to vacate the stay order.
The case is now pending before the High Court division.
The decree holder Iqbal Hussain Sharif said, “I have waited for about 25 years to recover the decreed money owed to me.
Should I wait any more or get the said amount just after my death? If so, why?”
