IN THE COURT OF DIVISIONAL COMMISSIONER AT DHAKA
MISC. APPEAL NO. 68 OF 2002
IN THE MATTER OF
An application under Rule 10(2) of Order 1 of the Code of Civil Procedure to be added as an appellant
IN THE MATTER OF
Md. Y and others
IN THE MATTER OF
Arab Bangladesh Bank Limited
Motijheel Corporate Branch
BSB Building, 8 Rajuk Avenue
The humble petition on behalf of the above named petitioner most respectfully-
1. That the petitioner came to know that Mr. X as appellant being aggrieved and dissatisfied by the order of Deputy Commissioner, Dhaka dated 31.07.2002 in the Misc. Appeal No. 62 of 2000 has filed the above mentioned appeal against the respondents. This petitioner Bank has not been made party in this appeal.
1. That Arab Bangladesh Limited, Motijheel Bank Dhaka carries on banking business throughout the country. It is noted herewith that Bengal Trade & Tourism Limited a private limited company availed various lone facilities from the Arab Bangladesh Bank Limited. Mr. Serajul Haq, Mr. Belal Uddin Ahmed, Mr. Mujibur Rahman and Mr. Shahjahan Bhuiyan are the Directors of the Bengal Trade & Tourism Limited. They all stood guarantors and executed personal guarantees in favor of the Bank for repayment of the loan availed by Bengal Trade & Tourism Limited. As security of the loan the appellant of this appeal mortgaged the Schedule property with the Bank.
2. That the Bengal Trade & Tourism availed the said loan facilities in full but failed to adjust its outstanding dues with the Bank. Thereafter the Bank filed a Title Suit No. 75 of 1998 filed in the Court of Subordinate Judge and 3rd Artha Rin Adalat, Dhaka as plaintiff against the Bengal Trade & Tourism Limited and its four others including Mr. X appellant of this suit for realization of money by sale of the mortgage properties. In the said Title Suit No. 75 of 1998 Mr. X appellant of this appeal was made party of defendant No. 5. After filing of the suit the summons were duly served upon the defendants and defendants had contested the suit. After hearing parties concerned the suit was decreed with cost in favor of Arab Bangladesh Bank Limited, plaintiff in Title Suit No.75 of 1998, against the defendants including the appellant of this Suit. On failure to pay the decretal amount as per decree of Title Suit No. 75 of 1998. Title Execution Case being No.62 of 2001 has been filed in the Court of 3rd Artha Rin Adalat, Dhaka to execute the decree. Now the execution case is pending for Auction.
3. Thereafter the Bank came to know that Md. Nipilur Rahman and Md. Shamsur Rahman filed a Misc. Case No. 124/1998 (mutation case) against Mr. Sahajahan Bhuiyan to mutate the schedule property in their name before The Assistant Commissioner (Land) Savar, Dhaka. The Assistant Commissioner (Land) Savar, Dhaka allowed the Case. Thereafter Mr. Sahajahan Bhuiyan filed a Misc. Appeal No. 62 Of 2000 before The Additional District Commissioner (Revenue), Dhaka against the order of the Assistant Commissioner (Land) Savar, Dhaka. The Additional District Commissioner (Revenue) has been pleased to reject the appeal. Thereafter Mr. Sahajahan Bhuiyan filed the Misc. Appeal No. 68 of 2002 before this Court against the order of the Additional District Commissioner (Revenue) Dhaka.
Under the above circumstances, this Hon’ble Court may graciously be pleased to allow this petition by making the petitioner as appellant in this appeal and/or pass such further order or orders as the Hon’ble Court may deem fit and proper.
And for this act of kindness, the petitioner as in duty bound shall ever pray.
Schedule of the property
All that piece and parcel of the land measuring 33 decimals situated within District-Dhaka, P. S. and Sub Registry Office Savar, under Dhaka Collectorate, J. L. No. Sabek- 560, Mauza Diakhali S.A. Khatiun No. 222, butted and bounded by: On East- Hafizur Rahman, On South Jogendra and on west- Mizanuddin.
A F F I D A V I T
I, ___________________, son of _________________________________, Principal Officer, Uttara Bank Limited, Uttara Branch of Lotif Emporium (2nd Floor), Plot # 27, Road # 7, Sector # 3, Uttara Commercial Area, Dhaka-1230, aged about ____years, occupation service, by faith Muslim, nationality Bangladeshi, do hereby solemnly affirm and say as follows:
01. That I am the Officer of the petitioner in this case and as such fully acquainted with the facts and circumstances of the case and competent to swear this affidavit.
02. That the statements of facts made above are true to the best of my knowledge and belief and the rests are respectful submissions before this Hon’ble Court.
The deponent is known to me and identified by me.