The following is a rejoinder sent by the lawyer of Tiger IT against the news report dated 16/08/2020 under the headline "Smart Driving Card in two months" published by The Financial Express in the print and online versions:
"Reference is made to the reply dated 29.08.2020 sent to us on your behalf with respect to the legal notice dated 22.08.2020 which we served upon you on behalf of our Client Tiger IT Bangladesh Ltd. Being instructed by our Client we are sharing below typed rejoinder which we expect to be published in your online version as well has hard copy newspaper with equal prominence as the news article headlined "Smart Driving Card in two months" on 16.08.2020 was done:
1. Tiger IT Bangladesh Limited ("Tiger IT") is a duly registered legal entity in Bangladesh actively providing end to end credential management solutions for government and state agencies as well as to other private bodies requiring similar solutions. Tiger IT has a long list of proven record of providing world class services in its field of expertise to both national and international clients. In the course of its business in Bangladesh market, Tiger IT participated in the procurement process of Bangladesh Road Transport Authority ("BRTA") in 2011 for supply, installation and Commissioning of High Security driving license card, enrolment system register system, personalization system with related logistics, services and training on turn-key basis and was awarded the same on 04.04.2011. The Contract had 5(five) years duration and upon successful completion of the same, the BRTA issued a Certificate of Completion of the Contract dated 13.02.2018 in favour of Tiger IT expressing satisfaction for successful completion. Tiger IT also participated in the most recent Tender process initiated by BRTA for procurement of personalized dual interface polycarbonate smart card motor driving license under Invitation for Tender No. 35.03.0000.003.07.011.15-3773 dated 06.12.2015 which culminated into issuance of the Notification of Award in its favour on 07.06.2016. Subsequently, a Contract was executed between Tiger IT and BRTA on 23.06.2016 ("governing Contract"). The governing Contract categorically states that the contract shall be valid for 5(five) years from the date of signing i.e. up to 22.06.2021 unless otherwise terminated, during which under Section 7 i.e. Technical Specification, Tiger IT is required to supply 300,000 cards per year and a total of 1.5 million driving license cards for the duration of the contract. As of date, Tiger IT has supplied 1,447,043 number of cards and despite giving repeated reminders, BRTA has shown little interest to receive the remainder of 52,957 cards. Further, seeing the increased demand from applicants, as a result of rising popularity of ride sharing services, Tiger IT had even offered to provide additional supplies of driving license cards to BRTA over and above their contractual obligations, which so far has not been accepted by BRTA. Therefore, the statement made in the online version of the news paper report dated 16.08.2020 that "Tiger IT had failed to perform on the issuance of smart cards in time" is absolutely incorrect and not borne out of real fact.
2. While performing under the governing Contract, a commercial dispute has arisen between Tiger IT and BRTA for which Tiger IT was compelled to seek legal recourse and in such process our Client filed a revisional application i.e. Civil Revision No. 2493 of 2019 wherein the Hon'ble High Court Division of the Supreme Court of Bangladesh issued a Rule and pending hearing of the Rule passed an interim Order dated 12.09.2019 directing the BRTA to continue to receive remaining goods and services from Tiger IT in line with the terms and conditions of the governing Contract.
3. Sadly, faced with continued obstruction and hindrance from BRTA in providing its goods and services under the governing Contract, Tiger IT served a Notice of Contempt of Court upon the Chairman of BRTA and others on 26.07.2020. In its written reply to the said Notice of the Contempt of Court, the Chairman of BRTA on 05.08.2020 has stated amongst others that BRTA has not terminated the governing Contract entered between BRTA and Tiger IT. Further, as of today, Tiger IT has received no complaint regarding non delivery or delayed delivery of driving license cards from BRTA. Therefore, the news article dated 16.08.2020 published by Financial Express do not state the official position of BRTA so far as allegations of termination of contract is concerned. With regards to the world Bank sanctions issued against Tiger IT, it had to reluctantly participate in the entire process related to sanctioning regime of the World Bank as it felt despite being a third party vendor, it was singled out by the said process instead of the main contractor for the supply of Smart National Identification Cards. Fact remains that, Tiger IT has challenged the legality and proprietary of the said order of sanction of debarment dated 24.04.2019 issued by the World Bank by way of a judicial review before the Hon'ble High Court Division of the Supreme Court of Bangladesh and a Rule Nisi has been issued by the Hon'ble High Court Division by its Order dated 01.12.2019 upon the respondents which includes the World Bank, Bangladesh and hence the matter is sub judice and Tiger IT refrains from making any further comment regarding a sub judice matter. Tiger IT is engaged in an industry where not only it has to adhere to strict domestic legal and social obligations imposed by the regulatory bodies but also international laws and social obligations to satisfy that the goods and services it provides stands the test of international standards.
The news report dated 16.08.2020 has caused serious damage to Tiger IT's reputation as a conscientious business person of the country to the estimation of the members of society since false and incomplete facts were presented before the public which has left wrong impression about Tiger IT in the minds of the readers.
Yours sincerely,
For Tanjib Alam and Associates
M. Saquibuzzaman
Barrister-at-Law, Senior Associate,
Advocate, Supreme Court of Bangladesh"
Our observations:
The news report dated 16/08/2020 was based on the information received by our reporter as follows: The contract signing and background information were based respectively on BRTA source, World Bank website and published materials in other newspapers. The matter was one of utmost public importance and our focus was on the issue of smart driving cards by BRTA and not on any individual or organization whatsoever.
© 2024 - All Rights with The Financial Express
