Re: Legal Opinion regarding allowing of withdrawal in SB A/C. No. 1445, 1446 and 1447 maintained with your branch
Please refer to your letter No. ………………… dated 02.05.2001 on the captioned subject.
We have perused the following papers/documents referred to us:
(i) Letter dated 30.04.01 of Company 1.
(ii) Certified copy of Order Sheet of Misc. Appeal No. …………..
(iii) Certified copy of petition filed by Mr. X under Order 41 Rule 3 of the Code of Civil Procedure, 1908.
In their letter dated 30.04.2001, the President and Secretary of the immediate past committee of the Samabay Samity has alleged that the rejection of petition of Mr. X and others filed under Order 41 Rule 3 of the Code of Civil Procedure, 1908 in Misc. Appeal No. 286/2000 by the learned 7th Additional District Judge, Dhaka means that the immediate past committee is authorised to operate the Samity’s bank account.
It is, however, not stated anywhere in the Order of the learned 7th Additional District Judge, Dhaka that the immediate past committee is authorised to carry on the business of the Samity or to operate the bank account of the Samity.
In such a situation, we re-iterate our earlier opinion and are of the view that proper direction should be obtained from the High Court Division as to operation of the bank account of the Samabay Samity.
Should you have any further query, please do not hesitate to contact the undersigned.
For: “The Lawyers & Jurists”