IN THE COURT OF DIVISIONAL COMMISSIONER AT DHAKA
MISC. APPEAL NO. 70 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 an appellant
IN THE MATTER OF
IN THE MATTER OF
Arab Bangladesh Bank Limited
Motijheel Corporate Branch
BSB Building, 8 Rajuk Avenue
The humble petition on behalf of the above named petitioner most respectfully-
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. 64 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. It is noted herewith that Bengal Trade & Tourism Limited a private limited company availed various lone facilities from the Arab Bangladesh Bank Limited. Mr. A Haq, Mr. B Uddin Ahmed, Mr. C Rahman and Mr. D Bhuiyan are the Directors of the Bengal Trade & Tourism Limited. They all stood as guarantors and executed personal guarantees in favor of the Bank against 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 this petitioner.
3. 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 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 as the defendant No. 5. After filing of the suit the summons were duly served upon the defendants and defendants contested the suit. Thereupon after hearing both the parties concerned the suit was decreed, dated 22.04.2001 with cost in favor of this petitioner and against the defendants including the appellant of this Appeal, wherein the Scheduled property was foreclosed. Thereupon this petitioner filed an execution case being No. 62 of 2001 to execute the decree in the same Court, which is pending and has been fixed for Auction.
4. That in the premises, in the above appeal this petitioner being the mortgagee of the scheduled property is the necessary party and without the presence of this petitioner the appeal cannot be completely disposed off. As such this petitioner prays for addition of this petitioner as co-appellant for complete and proper adjudication of the appeal, otherwise this petitioner shall suffer irreparable loss and thus the justice would be denied.
5. That if the addition as prayed for is made, the nature and character of the above appeal shall not be changed.
6. This application has been filed bonafide.
Under the above circumstances, this Hon’ble Court may graciously be pleased to allow this petition and add this petitioner as co-appellant 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 49.5 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.
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.