IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(CIVIL REVISIONAL JURISDICTION)

Civil Revision No. 2250 of 2023

In the matter of:

An Application under section 115(4) of the Code of Civil Procedure, 1908

And

In the matter of:

Present

Mr. Justice Mamnoon Rahman Mahmudul Islam Chowdhury

and others

…Petitioners.

-Vs-

East West Container Terminals Limited

and others.

…Opposite parties.

Mr. A.F. Hassan Arif, Sr. Adv. with Mr. T.M. Shakil Hasan, Adv.

…For the petitioners.

Mr. Fida M. Kamal, Sr. Adv. with Mr. Md. Monzur Rabbi, Adv.

...For the opposite parties.

Heard on: 13.05.2024

And

Judgment on: The 21st May, 2024

In an application under section 115(4) of the Code of Civil Procedure, 1908 rule was issued calling upon the opposite parties to show cause as to why the impugned judgment and order dated 02.12.2021 passed by the learned District Judge, Chattogram in Civil Revision No. 168 of 2021 rejecting the revision and affirming thereby judgment and order No. 11 dated 10.10.2021 passed by the learned Joint District Judge, 2nd Court, Chattogram in Other Suit No. 367 of 2020 rejecting the petition of the defendant Nos. 1-11 dated 08.03.2021 filed under Order 7, Rule 11 read with section 151 of the Code of Civil Procedure, 1908 should not be set aside and/or pass such other or further order or orders as to this court may seem fit and proper.

The short facts relevant for the disposal of this rule, are that, the opposite party No. 1 as plaintiff instituted Other Suit No. 367 of 2020 in the court of Joint District Judge, 2nd Court, Chattogram impleading the opposite party as defendants for the following reliefs;

1. A decree be passed for cancellation of the registered Deed of Irrevocable General Power of Attorney, bearing Deed No. 552 dated 25.01.2017 as shown in 'Schedule A' and registered in the Office of Sub-Registrar, Sitakunda, Chattogram in respect of the Companies shown in 'Schedule B', 'Schedule C' and 'Schedule D',
2. A decree be passed declaring M.A Bakar, Mesbah Uddin and Abul Hashem to be the Directors of the Saleh Carpet Mills Limited [as shown in 'Schedule B']. Saleh Jute Industries Limited [as shown in 'Schedule C'] and Saleh Zarina Limited [as shown in 'Schedule D'].
3. A decree and order be passed directing the defendant No. 12 Sub-Registrar, Sitakunda, Chattogram, Bangladesh to insert necessary information, note and explanation on the concerned page[s] of the respective registrar or balam book as to the cancellation of the Deed of Irrevocable General Power of Attorney, Deed No. 552 dated 25.01.2017.
4. That the cost of the suit be declared in favour of the plaintiff against the contesting defendants, and/or
5. That the plaintiff be given such other relief or reliefs as may be found entitled according to law and equity and such other or further order or orders may be passed as your Honour may deem fit and proper.

The case of the plaintiff, in short, is that, the plaintiff is a private limited company duly incorporated under the Companies Act, 1994 and the defendant No. 1 is the holder of the impugned Irrevocable General Power of Attorney bearing Deed No. 552 dated 25.01.2017. The defendants Nos. 2-11 are the executants of the impugned Irrevocable General Power of Attorney bearing Deed No. 552 dated 25.01.2017. The defendants Nos. 12-14 are proforma-defendants; that the plaintiff East West Container Terminals Limited [East West] purchased the entire shares of Saleh Carpet Mills Limited [Saleh Carpet], Saleh Jute Industries Limited [Saleh Jute] and Saleh Sarina Limited [Saleh Zarina] through 03 [three] Deeds