Drafting a Civi Case

IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(STATUTORY ORIGINAL JURISDICTION)

COMPANY MATTER NO. 152 OF  2004

IN THE MATTER OF:

An application under Order I, Rule 10 and Order VI, Rule 17 read with section 151 of the Code of Civil Procedure for addition of parties and amendment of the Petition.

AND

IN THE MATTER OF:

COMPANY 1

PETITIONER

Versus

COMPANY 2 and others

RESPONDENTS

To

Mr. Justice Md. H, performing the functions of the Chief Justice of Bangladesh and his companion justices of the Hon’ble Supreme Court of Bangladesh.

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

SHEWETH:

Son of Mr. Arifuddin Bin Chambo

Jalan Mutiara Emas Putih

Taman Mount Austin

61100 Johor Rahru

Johor, Malaysia

Managing Director

COMPANY 1

House No. 7A, Road No. 124

Gulshan 1, Dhaka-1212

Chairman

COMPANY 1

House No. 7A, Road No. 124

Gulshan 1212, Dhaka

The Cause Title of the Petition will be amended by inserting the names of Mr. Dato Joseph Chong Chek Ah and Mr. Tajul Islam Faruque and their particulars as respondent Nos. 6 and 7. The Register of Joint Stock Companies will be the respondent No. 8.

At 3rd line of paragraph No. 1 from the bottom after the words “acting as alleged shareholders” the following words will be added:

“Until their names appear in the share register of the petitioner”.

At the end of the paragraph No. 6 the following words will be added:

“The respondent No. 6 and respondent No. 7 are the Managing Director and Chairman of the petitioner and both hold 2 shares each in their own names. The proforma respondent No. 8 is the Registrar of Joint Stock Companies”.

In the 4th line from the bottom after the words “name of the respondent No. 5” the following words be added:

“until the share register is rectified and the name of the said respondents are entered into against the shares of the respondent No. 5. Until such time”.

At the end of the paragraph No. 29 the following sentences will be added:

“That since the passing of the exparte order by the English Court, the existing shareholders/Directors have filed case in which injunction was granted to convene any meeting. Further this Hon’ble Court has also granted injunction upon the Receivers restraining them from acting in connection with the shares in question. Against respondent No. 5 there is also a gagging order due to which the said respondent can not come before this Hon’ble Court or any Court in Bangladesh challenging the order.”

Paragraph No. 33 will be replaced by the following paragraph No. 33:

“The petitioner is in legal dilemma. It can not give effect to the English Court order without rectifying its share register.”

Following words will be added at the end of the paragraph No. 35:

“Only this Hon’ble Court can direct the petitioner to give effect to such order, if permitted by law.”

Following words will be added at the end of the paragraph No. 39:

“until the share register is rectified. The Receivers also have not approach the petitioner to rectify the register by entering their names in the share register.”

Prayer (b) and (c) will be replaced with the following prayers:

Wherefore it is prayed that Your Lordships will graciously be pleased to allow the prayer for addition of parties and the prayer for amendment of the Petition for rectification of share register in the manner stated above in Paragraph 5 and 7 and/or pass such other order or orders as your Lordships may deem fit and proper.

And for this act of kindness your petitioner as in duty bound shall ever pray.

AFFIDAVIT

I, Socorro Bulatao Licarte, daughter of Conrado L. Bulatao, Director, COMPANY 1, House No. 7A, Road No. 124, Gulshan 1212, Dhaka, aged about 47 years, by faith Roman Catholic, profession service, nationality Filipino, do hereby solemnly affirm and say as follows:

Prepared in my office : DEPONENT

Advocate

The deponent is known to

me and identified by me.
Solemnly affirmed before me by the aforesaid deponent on this the 23rd day of March, 2005 at _____ a.m.

ADVOCATE

Commissioner of Oaths

Supreme Court of Bangladesh

High Court Division

Drafted by:

For: “The Lawyers & Jurists”

M.L.Hotel Tower Ltd,208,Shahid Syed Nazrul Islam Sarani,

Bijoy Nagar, Dhaka-1000.

www.lawyersnjurists.com

Disclaimer:

The information contains in this web-site is prepared for educational purpose. This site may be used by the students, faculties, independent learners and the learned advocates of all over the world. Researchers all over the world have the access to upload their writes up in this site. In consideration of the people’s participation in the Web Page, the individual, group, organization, business, spectator, or other, does hereby release and forever discharge the Lawyers & Jurists, and its officers, board, and employees, jointly and severally from any and all actions, causes of actions, claims and demands for, upon or by reason of any damage, loss or injury, which hereafter may be sustained by participating their work in the Web Page. This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences thereof, as well as those now disclosed and known to exist.  The provisions of any state’s law providing substance that releases shall not extend to claims, demands, injuries, or damages which are known or unsuspected to exist at this time, to the person executing such release, are hereby expressly waived. However the Lawyers & Jurists makes no warranty expressed or implied or assumes any legal liability or responsibility for the accuracy, completeness or usefulness of any information, apparatus, product or process disclosed or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product process or service by trade name, trade mark, manufacturer or otherwise, does not necessarily constitute or imply its endorsement, recommendation or favouring by the Lawyers & Jurists. The views and opinions of the authors expressed in the Web site do not necessarily state or reflect those of the Lawyers & Jurists. Above all, if there is any complaint drop by any independent user to the admin for any contents of this site, the Lawyers & Jurists would remove this immediately from its site.