United Commercial Bank Limited Versus M/S X Rice Mills

DISTRICT : KHULNA

IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(CIVIL REVISIONAL JURISDICTION)

CIVIL REVISION NO. OF 1997

IN THE MATTER OF:

An application under section 5 of the Limitation Act for condonation of delay and extension of period for filing revisional petition and for admission of the revisional petition.

AND

IN THE MATTER OF:

United Commercial Bank Limited

Head Office

60 Motijheel Commercial Area,

Dhaka, for its branch at

Hotel Park,

48 K.D. Ghosh Road, Khulna.

PETITIONER

Versus

1. M/S X Rice Mills

Gagan Babu 2nd Lane

Nutan Bazar, Khulna.

2. Alhaj A

Son of Late Moulvi Adel Uddin Kagazi

6 Gagan Babu 2nd Lane, Khulna.

3. Mr. K

Proprietor

X Ice Mills

Son of Alhaj A

6 Gagan Babu 2nd Lane, Khulna.

4. Mr. M

Son of Alhaj A

6 Gagan Babu 2nd Lane, Khulna.

5. Mr. P

Son of Alhaj A

6 Gagan Babu 2nd Lane, Khulna.

OPPOSITE-PARTIES

6. B.C.I.C.

Represented by Manager

B.C.I.C. building

K.D. Ghosh Road, Khulna.

7. Rupali Insurance

Represented by Manager

B.C.I.C. building

K.D. Ghosh Road, Khulna.

8. Karnafuli Insurance

Represented by Manager

B.C.I.C. building

K.D. Ghosh Road, Khulna.

PROFORMA

OPPOSITE-PARTIES

AND

IN THE MATTER OF:

United Commercial Bank Limited

PETITIONER

To:

Mr. Justice Abu Taher Muhammad Afzal, the Chief Justice and his companion justices of the said Hon’ble Court.

The humble petition on behalf of the Petitioner above named most respectfully

SHEWETH:

01. That the petitioner beg to file the above revisional petition against an order passed by Mr. A.F.M. Aminul Islam, Subordinate Judge, Artha Rin Adalat, Khulna, in Title Execution Case No.44 of 1996 disposing the Execution Case upon the application dated 14.10.96 filed by the Judgement-Debtors/Opposite-Parties for passing an order that the Execution Case has been disposed upon adjustment in whole to the satisfaction of the Decree-Holder, since the Judgement-Debtors/Opposite-Parties have adjusted the full decretal amount of Title Suit No. 32 of 91. By the impugned order the Court has absolved the Opposite-Parties from decretal amount passed against them.

02. That the impugned order has been passed on 05.04.97 by the leaned Court. The petitioner’s branch office applied for certified copy of the impugned order on 24.04.97. The certified copy was ready for delivery on 09.06.97 and the petitioner’s branch office has taken delivery of the certified copy on the same day. Hence the revisional petition was to file within 21.08.97. But the petitioner failed to file the revisional petition within the said period for some unavoidable reasons.

03. That after receiving the certified copy of the impugned order the branch office searched in the statement of accounts of the Judgement-Debtors to ascertain whether they actually adjusted the decretal amount as stated in the impugned order or not and found that the Judgement-Debtors did not adjust the full decretal amount. Hence the branch office of the petitioner sent the certified copy of the impugned order to the Head office for necessary steps.

04. That the Head office sent the certified copy of the impugned order to its legal division and the legal division sent the copy to their legal advisor for the opinion whether there is any legal ground to challenge the said order or not.

05. That the legal advisor of the petitioner send back the said certified copy to the petitioner with the opinion to file revisional petition against the said order.

06. That upon receipt the opinion the petitioner placed the certified copy with the legal opinion in its Board meeting for approval. Upon approval for filing revision against the impugned order the petitioner sent it to its lawyer for necessary steps and in the meantime the period for filing the application expired.

07. That for maintaining the above procedure the petitioner failed to file the application in revision within the stipulated period and the delay for filing the revisional petition is unintentional and bonafide and the petitioner has come before your Lordships for condonation of such delay.

08. That this application has been filed bonafide.

Wherefore, it is humbly prayed that your Lordships will be pleased to condone the delay and admit the revisional petition, and/or pass such other or further order or orders as your Lordships may deem fit and proper

And for this act of kindness, the Petitioners, as duty bound shall ever pray.

A F F I D A V I T

I, ____________________________ son of ________________________, aged about ___ years, officer of United Commercial Bank Limited, Head Office, 60 Motijheel Commercial Area, Dhaka, by faith Muslim, by nationality Bangladeshi, by profession service holder, do hereby solemnly affirm and declare as follows:

1. That I am an officer of the Petitioner Bank of this Petition and acquainted with the facts and circumstances and competent to swear this Affidavit.

2. That the statements of facts made in this application are true to the best of my knowledge and belief and rests are submissions before this Hon’ble Court.

Prepared in my office : DEPONENT
Md. Arife BillahAdvocate The deponent is known tome and identified by me.
Solemnly affirmed before me bythe aforesaid deponent this the

11th day of September, 1997.

 ADVOCATE
Commissioner of AffidavitsSupreme Court of Bangladesh,

High Court Division

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