DISTRICT: DHAKA
IN THE SUPREME COURT OF BANGLADESH
HIGH COURT DIVISION
(CIVIL REVISIONAL JURISDICTION)
CIVIL REVISION NO. 1883 OF 1997
IN THE MATTER OF:
An application for vacation of stay.
AND
IN THE MATTER OF:
X Apparels (Pvt.) Limited
PLAINTIFF
/PETITIONER
Versus
Y Knitting Industries Limited
and others
DEFENDANTS
/OPPOSITE-PARTIES
AND
IN THE MATTER OF
National Bank Limited
Dilkusha Branch
48, Dilkusha Commercial Area
P.S. Motijheel, Dhaka-1000
PETITIONER
Versus
1.X Apparels (Pvt.) Limited
represented by its Managing Director
Md. R
96, Darus Salam
P.S. Mirpur, Dhaka
OPPOSITE-PARTY
2. Y Knitting Industries Limited
represented by its Managing Director
35, New Eskaton
P.S. Ramna, Dhaka
3. A Apparel Marketing Trading Network Limited
House No.78/E, Road No.12
Gulshan, P.S. Gulshan
Dhaka
4. M Textile Fabric
GMBH, Hamburgh, Germany
Represented by Mr. F.D. Prince
Liaison Office, Banani
P.S. Gulshan, Dhaka
5. J Bank
represented by its Deputy General Manager
Local Office
1, Dilkusha Commercail Area
P.S. Motijheel, Dhaka-1000
PROFORMA OPPOSITE-PARTIES
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 above named petitioner most respectfully
SHEWETH:
1. That the opposite-party No.1 filed the above Revisional Petition along-with a supplementary affidavit whereupon Rule was issued by your Lordships on 26.05.97. The Hon’ble Court was pleased to stay all further proceedings of Title Suit No.113/97 pending in the Court of Subordinate Judge 5th Court, Dhaka for a period of 3 (three) months from date, which was extended from time to time.
2. That the above Revisional Petition was filed against an order dated 10.05.97 passed by the learned while the appeal is pending before your Lordships, the respondent filed Title Execution Case No.86 of 1997 in the 4th Artha Rin Adalat, Dhaka on 13.11.97 for executing the said Judgement and Decree. Along with the application for execution the respondent also filed attachment notice. Accordingly the attachment notice was issued and the date for return of the attachment notice has been fixed on 14.01.98.
3. That on 24.11.97 the process server of the executing Court with the Advocate for the respondent went to the appellant Bank in order to attach the Bank.
4. That upon receipt of the attachment notice the appellant Bank rushed to the executing Court and filed an application for setting aside the order of attachment and for stay of the execution proceedings for one month so that it can file stay petition in the above appeal pending before the Hon’ble High Court Division. Learned executing Court allowed the application and fixed the date on 25.01.98 for filing stay order, if any, of the Hon’ble High Court Division.
5. That in the above circumstances the appellant has now come before your Lordships with the stay petition to stay further proceedings of Title Execution Case No.86 of 1997 filed by the respondent in the 4th Artha Rin Adalat, Dhaka for executing Judgement dated 24/07/97 and Decree dated 03/08/97 passed by Mr. Md. Ataur Rahman, Subordinate Judge & Artha Rin Adalat, Fourth Court, Dhaka in his Civil Original Jurisdiction in Title Suit No. 7 of 1994, wherefrom above appeal is preferred.
6. That it is submitted that the respondent is trying to attach and sell the appellant Bank in the said execution case, even though in Title Suit No. 7 of 1994 no monetary decree was passed, which can be executed by attaching and selling the appellant Bank and the Suit was a mere declaratory suit. The respondent is committing such illegality in collusion with some staff and officers of the Court in order to gain some money from the appellant Bank since it is a foreign Bank. Such activities of the respondent is seriously prejudicing the goodwill and commercial status of the appellant Bank.
7. That under the circumstances stated above, unless further proceedings of Title Execution Case No.86 of 1997 filed by the respondent in the 4th Artha Rin Adalat, Dhaka are stayed, the appellant will suffer irreparable loss and injury which cannot be compensated in terms of money.
8. That this petition is made bonafide.
Wherefore, it is most humbly prayed that your Lordships would be pleased to issue Rule calling upon the opposite party to show cause as to why all further proceedings of Title Execution Case No.86 of 1997 filed by the respondent in the 4th Artha Rin Adalat, Dhaka for executing Judgement dated 24/07/97 and Decree dated 03/08/97 passed by Mr. Md. Ataur Rahman, Subordinate Judge & Artha Rin Adalat, Fourth Court, Dhaka in his Civil Original Jurisdiction in Title Suit No. 7 of 1994, should not be stayed till disposal of F.A. No. 314 of 1997 and after hearing the parties, perusing the records and causes if any shown, make the Rule absolute;
Pending hearing of the Rule stay further proceedings of Title Execution Case No.86 of 1997 filed by the respondent in the 4th Artha Rin Adalat, Dhaka and/or pass such other or further order or orders as to your Lordships may seem fit and proper.
And for this act of kindness, the appellant as duty bound shall ever pray.
AFFIDAVIT
I, F son of Late B, an officer of the appellant Bank, 53 Motijheel Commercial Area, Dhaka aged about 42 years, by faith Muslim, nationality Bangladeshi by birth, profession Service , do hereby solemnly affirm and declare as follows:
1. That I am an officer of the petitioner bank and the tadbirkar of the above appeal 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 Billah
Advocate |
The deponent is known to me and identified by me. |
| Solemnly affirmed before me by
The aforesaid deponent on this the th day of January, 1998. |
ADVOCATE |
| Commissioner of Affidavits
Supreme Court of Bangladesh, High Court Division |