5th Inter Year Moot Court Competition, 2015
Dhaka University Moot Court Society (DUMCS)
Arash Housing Ltd. represented by Sadman Khan
Nibash Housing Ltd. represented by Aziz Ahmed and others
1. Mr. Aziz Ahmed is a land owner and a developer having real estate business. He is also the Managing Director of ‘Nibash Housing Ltd.’ having power to deal with every matter of the company.Every year this company makes a profit of around tk. 50 million. This company is well reputed for its fulfillment of works in due time. As its reputation went high, great numbers of customers were becoming interested to work with it.
2. On 12th January,2014the company received a lucrative project for an amount of tk. 20 million. For proper administration of the project, he appointed one, Mr. Raihan Hossain as the project manager of that particular project. Mr. Raihan Hossain was assigned to supervise and manage the project. But due to downturn of the business, ‘Nibash Housing Ltd.’was not being able to complete the project.Only 30% of the project could be completed.
3. On 20th June, 2014 ‘Nibash Housing Ltd.’ published an advertisement of tender sale in a well-known daily newspaper named ‘The DailyMoon’to transfer the project to another real estate company. The advertisement to tender reads as follows:
“Want to have a 30% done housing project? Then take advantage of the amazing bargain. The first company contacting with us on 30thth June, 2014 gets an opportunity to have this project.”
4. The advertisement also contained a slogan “Great things happen when ‘Nibash Hosing Ltd.’ gets involved”. The contact address as well as e-mail id of ‘Nibash Housing Ltd.’ was given.
5. The other terms and conditions of the advertisement were: a) The amount to be paid is 15 Million and it is payable in installments; b) The installments are to be paid in 5 proportional parts; c) Each installments needs to be paid on the 1st week of every...
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