Deed of Cancellation

01. Feb, 2012

 POWER OF ATTORNEY

This Deed of Cancellation and Revocation of Power of Attorney is executed on this the _____ day of _________ month of two thousand ten by (1) X, aged about 50 years, son of Late Alhaj Md. Ayet Ali Sarker, mother: Late Nilohar Begum, residence: 32/A, Road No. 2, Dhamnondi R/A, Dhaka, (2) Y, aged about 57 years, son of Late A. F. M. Shahadat Hossain, mother: Nurala Khanom, of village-Abdar, P.O.-Telihat, Thana-Sripur, District-Gazipur, (3) Z, aged about 53 years son of late Alhaj Md. Sirajul Islam, mother: Late Rabea Khatun, of 56, MM Maley Road, Tanbazar, Thana & District-Narayangonj, hereinafter referred to as the ‘Principals’ (which expression shall unless excluded by or repugnant to the context mean and include her heirs, legal representatives and assignees).

Whereas the said Principals appointed DHAKA BANK Limited, a scheduled bank incorporated under the Companies Act, 1994 and governed by the Banking Companies Act, 1991, carrying out its banking business having its Head Office situated at Biman Bhaban, 100 Motijheel Commercial Area, Dhaka-1000 alongwith one of its branch Offices namely B. B. Road Branch, Plot No.- 127 (1st Floor), B. B. Road, Narayangonj, hereinafter referred to as the “Bank” (which expression shall unless excluded by or repugnant to the context mean and include its heirs, legal representatives and assignees) as an Attorney; and

Whereas the said Principal appointed the Bank to be her true and lawful Attorney by way of executing an Irrevocable Power of Attorney being No. 4991 dated 05.05.2008, registered with Sub-Registry Office – Sreepur, Gazipur, to do, execute and perform all acts, deeds and things set forth therein in her name and on her behalf relating to the property fully described in the schedule below;

AND WHEREAS it has now become necessary and/ or expedient for the Principal to revoke the powers conferred therein to the Bank.

NOW KNOW ALL MEN BY THESE PRESENTS that the Principal hereby cancel the said Irrevocable Power of Attorney absolutely and completely revoke all powers or authority thereby and thereunder given to the said Bank either expressly or impliedly, to all intends and purposes, provided that nothing herein contained shall render invalid or ineffective any act, deed or thing lawfully and bona fide done or caused to be done by the said Bank under any by virtue of power given to it before the revocation thereof by these presents.

SCHEDULE OF THE PROPERTY REFERRED ABOVE

As per Saf Kabala Deed of Sale being No. 10507 dated 18.12.2004, Saf Kabala Deed No. 10508 dated 18.12.2004, Saf Kabala Deed No. 3318 dated 02.04.2002, Saf Kabala Deed No. 658 dated 17.01.2002 & Saf Kabala Deed No. 2216 dated 15.03.2005

All that piece and parcel of land measuring 200.50 (two hundred point five zero) decimals along with a single storied prefabricated factory building and proportional share in 2 (two) office and staff rest house measuring 62910sqft. situated within District: Gazipur, Police Station & Sub-Registry Office- Sreepur, Mohal No. 8859, J. L. No. 10, Mouza-Telihati, C.S. Khatian No. 296, S.A. Khatian No. 653 & 654 , R.S. Khatian No. 249 & 448, C.S. & S.A. Dag No. 211 & 212, R.S. Dag No. 491, 494, 495 & 497, butted and bounded by:

On the North     :  Union Parishad Road.

On the South     :  Mr. Abdur Rahman.

On the East       :  Mr. Nawab Ali & Mr. Abdur Rahman.

On the West     :  Union Parishad Road

IN WITNESSES WHEREOF, THE PRINCIPAL HEREUNTO PUT HER HAND ON THE DAY, MONTH AND YEAR MENTIONED AS ABOVE.  

________________________

(1) X,

 ________________________

(2) Y

________________________

(3) Z,

(Signature of the Principals)

Signed in the presence of

(Signatures, names and

addresses of the witnesses):

1. Name & Signature

Address:

Drafted by:

(A.M. Masum)

Barrister at Law

Membership No. 8883

For: “The Lawyers & Jurists”

2. Name & Signature                            Hotel Royal Tower (1st Floor)

Address:                                          208, Shahid Sayed Nazrul Sarani

Bijoynagar, Dhaka-1000.

BEFORE THE SUB-REGISTRAR, ___________________

AFFIDAVIT

We, (1) X, aged about 50 years, son of Late Alhaj Md. Ayet Ali Sarker, mother: Late Nilohar Begum, residence: 32/A, Road No. 2, Dhamnondi R/A, Dhaka, (2) Y, aged about 57 years, son of Late A. F. M. Shahadat Hossain, mother: Nurala Khanom, of village-Abdar, P.O.-Telihat, Thana-Sripur, District-Gazipur, (3) Z, aged about 53 years son of late Alhaj Md. Sirajul Islam, mother: Late Rabea Khatun, of 56, MM Maley Road, Tanbazar, Thana & District-Narayangonj, do hereby solemnly affirm and state as follows:

That we are the absolute owner of the property under transfer and no one has any share in the said property. That the property is not mortgaged or encumbered with any body corporate or person other than the said mortgagee bank. Further it is not a public khas/vested property or abandoned or it has not been vested upon the government. That if any of the declarations made herein by me ever found to be not correct, we shall be held liable for any such mistake or misrepresentation. That if in future any defect in the description of the Scheduled Property is found, we agree to execute and register a fresh deed or deed of rectification/declaration as would be required in order to make corrected the deed.

THE STATEMENTS MADE ABOVE ARE TRUE TO OUR KNOWLEDGE AND BELIEFS AND IN VERIFICATION WHEREOF, WE HAVE SIGNED THIS AFFIDAVIT ON THIS THE _____ DAY OF ______ 2010 OF CHRISTIAN ERA, BEFORE THE SUB-REGISTRAR.

_______________________

Deponents

That the Deponent is known to me,

identified by me and signed in my presence.

_______________________

Identifier

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