K Apparels Limited Versus Y Foreign Trade Corporation and others

DISTRICT: DHAKA

IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(CIVIL REVISIONAL JURISDICTION)

CIVIL REVISION NO. 4923 OF 2000

IN THE MATTER OF:

An application for correction of error arising out of accidental omission in the order dated 30.10.2000.

A N D

IN THE MATTER OF:

K Apparels Limited

PETITIONER

Versus

Y Foreign Trade Corporation and others

OPPOSITE-PARTIES

To:

Mr. Justice Latifur Rahman, the Chief Justice of Bangladesh and his companion Justices of the Supreme Court of Bangladesh.

The humble petition on behalf of the petitioner most respectfully

S H E W E T H:

01. That the petitioner has filed the above revisional petition against order No. 5 dated 04.10.2000 passed by the Subordinate Judge, 5^th Court, Dhaka in Money Suit No. 87 of 2000 rejecting the application for attachment of the proceed under L/C No. 21-1170-00 dated 04.04.2000 before judgement filed by the petitioner.

02. That the Hon’ble Court vide order dated 30.10.2000 was pleased to issue Rule upon the respondents and granted ad-interim order of attachment in respect of US $21,300.00 out of L/C No. 21-1170-00 dated 04.04.2000.

03. That upon obtaining the certified copy of the order dated 30.10.2000 the petitioner has found out that inadvertently in the order the denomination of currency (US$) before the figures have been omitted. In the circumstances the petitioner has been compelled to come before this Hon’ble Court with this application for correction by way of insertion of US$ sign before the figures.

04. That it is submitted that unless the said omission is corrected by this Hon’ble Court, the petitioner will be seriously prejudiced. It is submitted that for ends of justice the accidental omission in the order dated 30.10.2000 may be corrected.

05. That this applicant is filed bonafide.

Wherefore it is most humbly prayed that your Lordships would graciously be pleased to pass an order for correction of the accidental omission in the order dated 30.10.2000 by inserting the denomination of currency (US$) before the figures in the said order and/or pass such other or further order or orders as your Lordships may deem fit and proper.

And for this act of kindness the applicant as in duty bound shall ever pray.

AFFIDAVIT

I, ________________ son of Mr. __________________, 67 Naya Paltan, P.S. Motijheel, Dhaka, aged about 28 years, by faith Hindu, by nationality Bangladeshi, profession service, do hereby solemnly affirm and declare as follows:

1. That I am the Tadbirkar of the petitioner and acquainted with the facts and circumstances and competent to swear this Affidavit.

2. That the statements of facts made in this application are true to the best of my knowledge and belief and rests are submissions before this Hon’ble Court.