IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION ( SPECIAL ORIGINAL JURISDICTION ) WRIT PETITION NO. 4891 OF 2014. IN THE MATTER OF: An application for extension of stay. AND IN THE MATTER OF: Clewiston Trading Limited and others... PETITIONER. -VERSUS Bangladesh Bank and others.... RESPONDENTS. AND IN THE MATTER OF: 1. Clewiston Trading Limited, Registered Address: Jiban Bima Bhaban (3 rd Floor), 56, Agrabad C/A, Chittagong, Business Address:
=2= Level-10, AS Salam Tower, 57 Agrabad C/A, Chittagong, represented by its Managing Director Md. Abdul Alim Chowdhury. 2. Md. Abdul Alim Chowdhury, Managing Director, Clewiston Trading Limited, Registered Address: Jiban Bima Bhaban (3 rd Floor), 56, Agrabad C/A, Chittagong, Business Address: Level-10, AS Salam Tower, 57 Agrabad C/A, Chittagong. 3. Rawshan Ara Chowdhury, wife ofmd. Abdul Alim Chowdhury, Director, Clewiston Trading Limited, Registered Address: Jiban Bima Bhaban (3 rd Floor), 56, Agrabad C/A, Chittagong, Business Address: Level-10, AS Salam Tower, 57 Agrabad C/A, Chittagong.... APPLICANTS.
=3= To Mr. Justice Surendra Kumar Sinha, the Hon ble Chief Justice of Bangladesh and his companion Justices of the said Hon ble Court. The humble petition of the applicants above-named most respectfully S H E W E T H: 1. That the petitioners-applicants filed the instant Writ Petition challenging impugned publication of the names of the petitioners by the respondent Nos.1-2 in the Credit Information Bureau (CIB) Report in connection with the credit facilities provided by the respondent Nos. 3-5 to the petitioners as evident from the CIB report (Annexure- D & D-1 ). 2. That after hearing the learned Advocate of the Petitioners, a Division Bench of Hon ble High Court Division comprising of their Lordships Mr. Justice Syed Muhammad Dastagir Husain and Mr. Justice Md. Faruque (M. Faruque) was pleased to issue Rule Nisi and stay for a period of 3 (three) months vide Order dated 27.05.2014.
=4= 3. That it is stated that the said order of stay was expired on 26.08.2014. On that time there were numbers of Writ Petitions of the learned Advocate pending for extension. Therefore, before the expiry the learned Advocate submitted mention slips of numbers of Writ Petitions being Nos. 4889 of 2014, 4890 of 2014, 4893 of 2014 and others. At that time the learned Advocate thought that mention slip of the instant Writ Petition was duly given before the Hon ble Court for extension and extension was made with the other Writ Petitions. Living in that mistaken view the clerk of learned Advocate of the petitioners took note in the daily diary that the instant Writ Petition was extended for 6 (six) months which will be expired on 01.03.2015. Thereafter, the learned Advocate again submitted mention slip for extension of this Writ Petition before the Hon ble Court on 15.02.2015 and it came on daily cause list on 16.02.2015 under serial No. 2 as to be mentioned before a Division Bench of the Hon ble High Court Division comprising of their Lordships Mr. Justice Syed Muhammad Dastagir Husain and Mr. Justice Md. Selim. On this day the learned Advocate came to know that actually the order of stay passed in this Writ Petition was not extended in time. 4. That it is stated that the interim order of stay of this Writ Petition could not be extended in time due to the aforesaid mistake of
=5= the clerk of the learned Advocate of the petitioners. The learned Advocate begs unconditional apology for this mistake. Therefore, for the mistake of the learned Advocate and his clerk, the petitioners should not let suffer. 5. That it is stated that since the date of issuance of Rule and stay till to date the nature and character of the impugned matter of this Writ Petition has not changed. So, the petitioners shall suffer irreparable loss and injury if the Order of Stay is not extended for ends of justice. 6. That it is submitted that for the non-extension of the said interim Order of Stay the petitioners are not in fault at all. Therefore, the order of stay may kindly be extended for ends of justice; otherwise, the petitioners shall face irreparable loss and injury. WHEREFORE, it is humbly prayed that your Lordships would graciously be pleased to pass an Order for extension of the interim Order of Stay dated 27.05.2014 which was expired
=6= on 26.08.2014 for ends of justice and /or pass such other or further order or orders as your Lordships may deem fit and proper. And for this act kindness, the petitioners as in duty bound shall ever pray. A F F I D AV I T I, Md. Abdul Alim Chowdhury, Son of Abdul Jabbar Chowdhury and Sakhina Begum, Managing Director of Clewiston Trading Limited, Registered Address: Jiban Bima Bhaban (3 rd Floor), 56, Agrabad C/A, Chittagong, Business Address: Level-10, AS Salam Tower, 57 Agrabad C/A, Chittagong, aged about- 44 years, by faith - Muslim, by profession- Business by nationality- Bangladeshi, National ID No. 1595715000002 do hereby solemnly affirm and say as follows :- 01. That I am the Managing Director of the petitioner No.1 Company and the petitioner No.2 of this Writ Petition and fully acquainted with the facts and circumstances of the case and as such I am competent to swear this affidavit.
=7= 02. That the statements of facts made in this petition are true to my knowledge and matters of records which I verily believe to be true and the rests are submissions before this Hon ble Court. Prepared in my office. (Shah Monjurul Hoque) Advocate Membership No. 3114 DEPONENT The deponent is known to me and identified by me. Solemnly affirmed before me by the said at the Supreme Court premises, Dhaka on this the. th day of February, 2015 at A.M./P.M. (Shah Monjurul Hoque) Advocate Membership No. 3114 Hall Room No.2, Supreme Court Bar Association Mobile: 01711-404339 COMMISSIONER OF AFFIDAVITS SUPREME COURT OF BANGLADESH HIGH COURT DIVISION, DHAKA.
=8= A F F I D AV I T I, Rawshan Ara Chowdhury, wife of Md. Abdul Alim Chowdhury, mother s name- Amana Begu, Director of Clewiston Trading Limited, Registered Address: Jiban Bima Bhaban (3 rd Floor), 56, Agrabad C/A, Chittagong, Business Address: Level-10, AS Salam Tower, 57 Agrabad C/A, Chittagong, aged about- 36 years, by faith - Muslim, by profession- Business by nationality- Bangladeshi, National ID No. 1595715356502 do hereby solemnly affirm and say as follows :- 01. That I am the petitioner No.3 in this Writ Petition and fully acquainted with the facts and circumstances of the case and as such I am competent to swear this affidavit.
=9= 02. That the statements of facts made in this petition are true to my knowledge and matters of records which I verily believe to be true and the rests are submissions before this Hon ble Court. Prepared in my office. (Shah Monjurul Hoque) Advocate Membership No. 3114 DEPONENT The deponent is known to me and identified by me. Solemnly affirmed before me by the said at the Supreme Court premises, Dhaka on this the. th day of February, 2015 at A.M./P.M. (Shah Monjurul Hoque) Advocate Membership No. 3114 Hall Room No.2, Supreme Court Bar Association Mobile: 01711-404339 COMMISSIONER OF AFFIDAVITS SUPREME COURT OF BANGLADESH HIGH COURT DIVISION, DHAKA.