Mercantile Bank Limited and others Versus X Plaintiff

DISTRICT: DHAKA

IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(CIVIL REVISIONAL JURISDICTION)

CIVIL REVISION NO. OF ____________

IN THE MATTER OF:

Mercantile Bank Limited and others

Defendants

/Appellant

/Petitioners

Versus

X

Plaintiff /Respondent /Opposite-party

SUPPLEMENTARY AFFIDAVIT ON BEHALF OF THE PETITIONERS

I, A, son of B, Senior Assistant Vice President, Mercantile Bank Limited, Head Office, 61 Dilkusha Commercial Area, Dhaka-1000, aged about 46 years, by faith Muslim, profession service, nationality Bangladeshi, do hereby solemnly affirm and say as follows:

01. That I am the Tadbirkar of the petitioners in this case and acquainted with the facts and circumstances of the present case and competent and authorised to swear this Affidavit.

02. That further to the statements made in the revisional petition affirmed on 05.04.2003 it is submitted that Notice dated 12.12.2002 was issued convening the EGM in question to be held on 05.01.2003 to discuss the following agenda:

“To discuss the prejudicial activities of Mr. X, a Sponsor Director of the bank and if the members present so deem fit, to adopt an appropriate resolution as extra-Ordinary Resolution.”

The EGM was held on 05.01.2003 and in the EGM the shareholders of the petitioner Bank removed the opposite-party as Director because of his prejudicial activities detrimental to the interest of the petitioner Bank.

Copies of the Notice of the EGM dated 12.12.2002 and Minutes of the EGM held on 05.01.2003 are annexed herewith and marked as ANNEXURES “A” and “A(1)”.

03. That it is further submitted that on 04.01.2003, just one day prior to the EGM, the opposite-party filed an application under section 151 of the Code of Civil Procedure for temporary injunction wherein it was stated that if the injunction was not granted the shareholders would hold the EGM on 05.02.2003. The said application was heard by the learned trial Court at length. After hearing both the parties, the Court below vide Order No. 5 dated 04.01.2003 rejected the application and fixed on 13.01.2003 for filing written objection.

Copy of the application under section 151 of the Code of Civil Procedure is annexed herewith and marked as ANNEXURE “B”.

04. That on 07.01.2003 the petitioner No. 1 filed written objection to the application under Order XXXIX, Rule 1 and 2 of the Code of Civil Procedure.

Copy of the written objection is annexed herewith and marked as ANNEXURE “C”.

05. That the Court below heard both the parties on the application filed under Order XXXIX, Rule 1 and 2 for mandatory injunction and vide order dated 13.01.2003 granted mandatory injunction directing the Bank to restore directorship of the plaintiff/respondent by 08.02.2003. Against the said order dated 13.01.2003, the petitioner Bank filed Miscellaneous Appeal No. 26 of 2003 before the Court of District Judge, Dhaka.

Copy of the Memorandum of Miscellaneous Appeal No. 26 of 2003 is annexed herewith and marked as ANNEXURE “D”.

06. That this supplementary affidavit may be treated as part of the revisional petition affirmed on 05.04.2003.

07. That the statements of facts made in this petition are true to my knowledge and matters of records, which I verily believe to be true and the rests are submission before this Hon’ble Court.

Prepared in my office:
DEPONENT
Advocate The deponent is known to me and identified by me.
Solemnly affirmed before me by the said deponent on this the______ day of _____________ at _______ a.m. Advocate
Commissioner of Affidavits

Supreme Court of Bangladesh

High Court Division

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