IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(Civil Appellate Jurisdiction)

First Miscellaneous Appeal No. 264 of 2023

With

(Civil Rule No. 760 (FM) of 2023)

In the matter of:

United Energy Limited, Gulshan Centre Point (14th Floor), Plot No. 23-26, Road 90, 91,

Gulshan-2, Dhaka 1212 represented by Mr. Kutubuddin Akhter Rashid, Chief Executive Officer of United Energy Ltd., Unity House, House No. 10, Road No. 55, Gulshan-2, Dhaka- 1212.

… Appellant

-Versus-

Faridur Rahman Khan, son of Yunus Ali Khan, United House, Madani Avenue, United City, Dhaka-1212 and others.

…Respondents.

Mr. Mustafizur Rahman Khan, Senior Advocate with

Ms. Mehreen Hassan, Advocate

…For the appellant-petitioner Mr. Mehedi Hassan Chowdhury, Senior

Advocate with

Mr. Khandaker Reza-E-Raquib,

Mr. Reja-E-Rabbi Khandoker and

Ms. Meherunessa, Advocates

....For the respondent-opposite-party no. 1

Heard on 17.12.2023, 14.01.2024, 23.01.2024, 06.02.2024, 15.02.2024 and 20.02.2024.

Judgment on 07.03.2024.

Present:

Mr. Justice Md. Mozibur Rahman Miah

And

Mr. Justice Mohi Uddin Shamim

Md. Mozibur Rahman Miah, J.

Since the point of law and fact so figured in the appeal and that of the rule are intertwined, they have heard together and are being disposed of by this common judgment.

At the instance of the plaintiff in Title Suit No. 486 of 2023, this appeal is directed against the judgment and order dated 20.07.2023 passed by the learned Joint District Judge, 1st Court, Dhaka in the said suit rejecting an application filed for temporary injunction under order XXXIX, rule 1 and 2 read with section 151 of the Code of Civil Procedure.

The appellant as plaintiff originally filed the aforesaid suit against the respondent-opposite-party nos. 1-8 as defendants seeking following reliefs:

“A. Pass a decree declaring that the plaintiff is the beneficial owner of 48.10% of all the shares held in the BO account of the defendant no. 1 being BO Account No. 1204780028979044 as laid out in Schedule B o the plaint; that 48.10% of all dividends, capital gains and sale proceeds arising therefrom belong to the plaintiff and that the defendant no. 1 has been holding the same as trustee for the benefit of and subject to the direction of the plaintiff;

2. Pass a money decree of Tk. 36,79,00,000/- (Taka Thirty Six Crore Seventy Nine Lacs only) as laid out in Schedule C to the plaint, for dividends and capital gains already accrued against the said shares in favour of the plaintiff, and against the defendant no. 1;

3. Pass a decree of mandatory injunction directing the defendant no. 1 to transfer to the plaintiff 48.10% all the shares held in his BO Account being Bo Account No. 1204780028979044;
4. Award costs; and
5. Grant such other or further reliefs as may be deemed fit and proper.”

On the same date of filing the suit, the plaintiff also filed an application under order XXXIX, rule 1 and 2 read with section 151 of the Code of Civil Procedure making following prayers:

“WHEREFORE it is humbly prayed that the learned Court ma graciously be pleased to issue a show cause notice calling upon the defendant-opposite-parties to show cause as to why (a) the defendant no. 2 (brokerage house) and the defendant no. 7(CDBL) shall not be restrained by an order of temporary injunction from allowing the defendant-opposite-party no. 1 from transacting in the shares held in his BO Account as scheduled in Schedule B; and (b) why the defendants- opposite-party nos. 3-6 shall not be restrained by an order of temporary injunction from paying out any dividend to the defendant-opposite-party no. 1 against the shares scheduled in schedule B, and instead restrain the said dividends in suspense, until disposal of the suit.

-AND-

Pending disposal of the show cause notice, pass an order of ad interim injunction restraining the defendants-opposite-party nos. 2 and 7 from allowing the defendant-opposite-party no. 1 from transacting in the shares held in BO Account No. 1204780028979044 as scheduled in Schedule- B