An application under Rule 10(2) of Order 1 of the Code of Civil Procedure

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 a respondent

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.

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. M, Mr. J, Mr. D and Mr. H 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 Bhuiyan 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 Bhuiyan 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.

Under the above circumstances, this Hon’ble Court may graciously be pleased to allow this petition by making the petitioner as opposite party in this case 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.

A F F I D A V I T

I, Md. Z, 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.

DEPONENT

The deponent is known to me and identified by me.

ADVOCATE

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