IN THE SUPREME COURT OF BANGLADESH
HIGH COURT DIVISION
(CIVIL REVISIONAL JURISDICTION)
CIVIL REVISION NO. 3067 OF 2000
IN THE MATTER OF:
An application to be added as a party in the above revision.
A N D
IN THE MATTER OF:
Mr. Md. Y and others
IN THE MATTER OF:
W Bank Limited
100 Motijheel Commercial Area
Mr. Justice Latifur Rahman, the Chief Justice of the Supreme Court of Bangladesh and his companion Justices of the said Hon’ble Court.
The humble petition on behalf of the applicant most respectfully
S H E W E T H:
01. That the petitioner has filed the above revisional petition against the judgement dated 11.07.2000 and order dated 16.07.2000 passed by the Subordinate Judge, 2nd Court, Dhaka in Money Suit No. 11 of 2000 rejecting the application for attachment of 2 reconditioned Double Decker bus.
02. That the Hon’ble Court vide order dated 23.07.200 was pleased to issue Rule upon the respondents and granted ad-interim order of attachment of the said buses and to pass an order of ad-interim injunction restraining the opposite-parties from disposing of the said buses.
03. That the applicant is a banking Company incorporated under the Companies Act, 1994 having its Head Office at the address given at the cause. It carries on banking business though its various branches including Jubilee Road Branch at Liberty Tower, 183 Jubilee Road, Chittagong.
04. That Double Decker buses in question were imported under Letter of Credit No. 2031299231 dated 26.12.99. The said Letter of Credit was opened by the Jubilee Road branch of this applicant at the request of M/S HK. The Letter of Credit was subject to Uniform Custom and Practice for Documentary Credit (UCPDC). Upon receipt of the shipping documents from the negotiating bank the branch of this applicant effected payment under the Letter of Credit after creating PAD No. 211/00 dated 18.06.2000.
05. That the said buses reached Chittagong Port, but before the release of the buses from the customs authority the petitioner filed Money Suit No. 11 of 2000 in the Subordinate Judge, 2nd Court, Dhaka against the importer and others. The petitioner also filed an application for attachment of the said buses. The learned Court after hearing of the application for attachment, rejected the same, against which the instant revisional petition has been filed by the petitioner whereupon Rule was issued and order of ad-interim attachment and injunction was passed by this Hon’ble Court.
06. That although the Letter of Credit was opened by the branch of this applicant and although payment under the Letter of Credit was made by this applicant and the bank is the consignee of the said buses, the petitioner did not make the applicant or its branch a party either in the Suit or in this revision.
07. That in the meantime the customs authority has issued notice for auction of the Double Decker buses which are still lying with the customs authority at the jetty shed.
08. That it is submitted that in the facts and circumstances of the case it is clear that this applicant is a necessary party for final and proper adjudication of the matter. This applicant has interest in the suit property, i.e. Double Decker buses in question. As such it is necessary that this petitioner be added as opposite-party No. 4 in the revisional petition for ends of justice. Unless this applicant is made a party as an opposite-party, this applicant will be prejudiced and will suffer irreparable loss and injury.
09. That this applicant is filed bonafide.
Wherefore it is most humbly prayed that your Lordships may graciously be pleased to pass an order directing that this applicant be added as opposite-party No. 4 in the revisional petition 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.
I, ______________ son of late __________________, aged about 40 years, an officer of W Bank Limited, Head Office, Biman Bhaban, 100 Motijheel Commercial Area, Dhaka-1000, by faith Muslim, by nationality Bangladeshi, profession service, do hereby solemnly affirm and declare as follows:
1. That I am an officer of the applicant of this application for addition of party 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.
|Prepared in my office :||DEPONENT|
|Advocate||The deponent is known tome and identified by me.|
|Solemnly affirmed before me by the aforesaid deponent this the 20th day of September, 2000 at ______ a.m.||ADVOCATE|
|Commissioner of AffidavitsSupreme Court of Bangladesh
High Court Division