The High Court has dismissed the petition filed by a relative of Salam Murshedy, which challenged the appointment of Tanvir Ahmed as the Managing Director (MD) of Envoy Textiles, due to the submission of false information intended to mislead the court.
On July 26, 2023, and November 13, 2023, the Ministry of Commerce issued two separate office orders referencing the provisions of Section 109 of the Companies Act, granting Tanvir Ahmed permission to operate as the Managing Director of Envoy Textiles Limited along with 41 other enterprises.
A shareholder of Envoy Textiles Limited, Syed Md. Nurul Amin, who is the nephew of the former MD Salam Murshedy, filed a writ petition (No. 2481/2024) in the High Court challenging the validity of the office orders issued by the Ministry of Commerce. These orders had allowed Tanvir Ahmed and others to operate under the provisions of Section 109 of the Companies Act.
On Sunday (May 19), after hearing from both sides, the writ petition was dismissed by a dual bench of the Honorable High Court, comprising Justice Naima Haider and Justice Kazi Zinat Hoque. The court observed in its remarks that the writ petition filed by Syed Md. Nurul Amin was incomplete, false, and misleading. The order stated that the petitioner filed the writ without informing the court of previous orders given by the High Court's company bench and the Appellate Division. Therefore, his petition was dismissed.
Advocate Toufiq Anwar Chowdhury, representing the Ministry of Commerce in the hearing, stated that Section 109 of the Companies Act clearly specifies that even if one is the MD of a public limited company, he or she can be appointed as the MD of multiple companies with the approval of the government (Ministry of Commerce).
Before granting approval, the Ministry of Commerce held a hearing on the matter with various relevant parties present. Typically, such hearings consider the operational competence of the MD and the necessity of the appointment for the company's interests. After this process, the Ministry of Commerce issued an order under the provisions of the Companies Act, approving Tanvir Ahmed as the MD of Envoy Textiles and 41 other companies. The writ challenging the government's approval was therefore dismissed by the High Court.
Since March 9, 2023, Tanvir Ahmed has been serving as the Managing Director (MD) of Envoy Textiles, appointed by the High Court's company bench. In the same order, the High Court's company bench observed that Abdus Salam Murshedy was deemed unfit to remain as the Managing Director of Envoy Textiles Limited due to ethical violations and breaches of the Companies Act and Customs Act.
Later, on March 2, 2024, Tanvir Ahmed was elected as the Managing Director of Envoy Textiles Limited, a publicly listed company in the textile sector, during an Extraordinary General Meeting. At the same time, most shareholders voted against the appointment of Barrister Shehrin Salam Oishee as the Deputy Managing Director. Subsequently, on March 28, during the company's 28th Annual General Meeting, Tanvir Ahmed was unanimously re-elected as the Managing Director of Envoy Textiles for the next five years, receiving 100% of the shareholders' votes.
Envoy Textiles' lawyer, Barrister Tanzib-ul Alam, stated, "According to regulations, without the approval of the Ministry of Commerce, the Managing Director of a publicly listed company cannot simultaneously hold the same position in another company. Despite this, at that time, Salam Murshedy was serving as the Managing Director of Envoy Textiles and holding the same position in at least 30 other companies. He violated the provisions of Section 109 of the Companies Act. Additionally, the court declared him unfit to be the company's Managing Director due to violations of the Customs Act and ethical misconduct."
