The Admiralty Judge, in allowing the vessel to have the territorial waters of Bangladesh without payment of her dues payable to the Chittagong Port Authority, travelled beyond his jurisdiction. Chairman Chittagong Port Authority & another vs Ministry of Defence and others 49 DLR (AD) 152.

Notice– In the plaint, there is an averment that notice under section 49 of the Chittagong Port Authority Ordinance had been served. When there is clear assertion in the plaint itself that notice under section 49 of the Ordinance was served upon the Chittagong Port Authority, it could not be said that the suit is barred by law as envisaged in clause (d) of rule 11 of Order VII of the Code of Civil Procedure.
We hold that the High Court Division was justified in allowing the appeal and setting aside the judgment delivered by the learned Subordinate Judge rejecting the plaint. The appeal is dismissed and the impugned judgment passed by the High Court Division is affirmed. ...Abdur Razzak Dobhash =VS= Ali Murtaza Dobhash, (Civil), 2020 [9 LM (AD) 79] ....View Full Judgment

Purpose of serving notice prior to the institution of the suit under section 49 of the Chittagong Port Ordinance, 1976:
Service of notice under Section 49 thereof prior to institution of any suit against the Chattogram Port authority has been incorporated for its smooth functioning and discharging its regular routine activities. Another purpose of such notice is to save public time and litigants’ expenditure in the cases where any person aggrieved serves notice upon the port authority and the authority by itself addresses his grievance realizing the right course of action before going to the court. In such view of the matter, if a person already institutes a suit under whatever notion and the summon with a copy of the plaint is served upon the port authority, the purpose of notice under Section 49 of the Ordinance would be sufficiently served inasmuch as no alternative remedy is provided in the Ordinance for dissolving any land dispute between the Port Authority and a private individual. ...Chattogram Port Authority Vs. Md. Mehedi Hasan, (Civil), 17 SCOB [2023] HCD 34 ....View Full Judgment