An application for addition of party

IN THE COURT OF DIVISIONAL COMMISSIONER AT DHAKA

MISC. APPEAL NO. 68 OF 2002

IN THE MATTER OF

An application for addition of party.

IN THE MATTER OF

X Bhuiyan

APPELLANT

-Versus-

Md. Y Rahman and others

RESPONDENT

AND

IN THE MATTER OF

Arab Bangladesh Bank Limited

Motijheel Corporate Branch

BSB Building, 8 Rajuk Avenue

Dhaka

PETITIONER

The humble petition on behalf of the above named petitioner most respectfully-

SWEWTH –

1. That the petitioner came to know that Mr. X Bhuiyan 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.

2. That this petitioner, namely, Arab Bangladesh Limited, Motijheel Bank Dhaka, carries on banking business throughout the country. The appellant – Mr. X Bhuiyan and two others are Directors of Bengal Trade & Tourism Limited, which is a private limited company and availed various lone facilities from the petitioner Bank. The appellant and the said two other Directors stood guarantors and executed personal guarantees in favor of the petitioner Bank against the loan availed by Bengal Trade & Tourism Limited. As security of the loan the appellant mortgaged the Schedule Property with this petitioner Bank.

3. That since Bengal Trade & Tourism Limited failed to adjust the liabilities with the Bank, Title Suit No. 75 of 1998 was filed in the Court of Subordinate Judge and 3rd Artha Rin Adalat, Dhaka against Bengal Trade & Tourism Limited and four others, including the appellant – Mr. X Bhuiyan for realization of money by sale of the Scheduled Property being the mortgaged properties.

4. That the aforesaid suit was decreed against the appellant – Mr. X Bhuiyan on 22.04.2001 in favor of the petitioner Bank for foreclosure of the Scheduled Property. Thereafter the petitioner Bank filed Execution Case No. 62 of 2001 for sale of the Scheduled Property, which is pending and has been fixed for Auction.

5. That in the premises the petitioner Bank being the decree-holder for foreclosure of the Scheduled Property is a necessary party for proper and judicious disposal of the instant appeal. As such the petitioner Bank needs to be added as a party to the instant appeal. Accordingly it is prayed that the petitioner Bank be added as a party for complete and proper adjudication of the appeal, otherwise this petitioner shall suffer irreparable loss and thus the justice would be denied.

6. That if the addition as prayed for is made, the nature and character of the above appeal shall not be changed.

7. This application has been filed bonafide.

Wherefore, it is most humbly prayed that the learned Court would graciously be pleased to allow this application and add this petitioner as a party 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 North-Road, on East- Hafizur Rahman, On South Jogendra and on west- Mirazuddin.

VERIFICATION

The statements made above in the application are matters of record and true to our knowledge in witness whereof we sign this verification on 6June, 2004.

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