Petitioner's counsels of the long-pending litigation regarding foreign direct investment (FDI) in the country's commercial service sector have taken two-week time from the High Court (HC) to take better preparation for hearing in the case.
The part-heard legal matter was at the top of the daily cause list for hearing Sunday at the HC bench comprising Justice Naima Haider and Justice Md Jahangir Hossain.
Lawyers concerned said that the hearing on the day didn't take place as the court allowed two-week time to the petitioner's counsels following their prayer.
"We took the time from the court to take more preparation for making better submission before it over the petition as our senior lawyer Barrister Fida M Kamal was abroad recently," Advocate Kalipada Mridha, lawyer for the petitioner, told the FE Monday.
"Now, it (petition) is likely to be included at the HC cause list for hearing on December 7-8 next," he said.
So far, no counsel of the companies, who got involved themselves as added respondents in the petition, was present at the HC bench in the case on the day. Several dozens of companies were included as added respondents.
"We didn't see any of the lawyers representing the added respondents," at the HC bench in the petition on the day, Mr Mridha replied to a query.
When contacted, one of the counsels, hired by the private companies, said they would not know that the matter was at the top of the cause list for hearing on the day.
"Actually, we were not aware of the top priority of its hearing at the HC bench on the day," he said.
President of Bangladesh Jubo Arthanitibid Forum, Mirza Walid Hossain, filed the public interest litigation (PIL) on September 25, 2012.
Following the PIL, a HC bench on September 26, 2012 imposed an injunction on granting registration, licence, permission or work permit to new foreign and/or joint-venture (JV) companies in the sector, lawyers said. Companies that commenced business prior to the date are unaffected by the order.
The HC also issued a rule asking the authorities to explain as to why they should not be directed to finalise and formulate the draft guidelines by incorporating some relevant terms and conditions on operation of foreign or JV companies or industries in Bangladesh.
It also sought explanation as to why the respondents concerned should not be directed to bring necessary amendments to the Companies Act 1994 to include, among others, minimum requirement of paid-up capital to form foreign and JV companies in the service sector.
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