RUPSHA FISH AND ALLIED INDUSTRIES LTD. Vs. PREMIER BANK LIMITED
SUPREME COURT OF BANGLADESH
Rupsha Fish And Allied Industries Ltd.
Premier Bank Limited
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FARID AHMED,J. -
(1.) This rule was issued calling upon the opposite parties to show cause as to why the impugned order No. 20 dated 3.7.2006 passed by the learned Joint District Judge, 1st Court, Khulna in entertain-ning the Miscellaneous Case No. 24 of 2006 under Order 9 Rule 13 should not be set aside and or such other or further order or orders passed as to this Court may seem fit and proper.
(2.) The petitioner on 1.8.2005 instituted Money Suit No. 6 of 2005 before the 1st Court of Joint District Judge, Khulna agaisnt the opposite parties for a decree for Tk. 53,97,3,000/- as compensation for damage and for mandatory injunction directing the defendant-opposite parties to handover key of chamber of the factory and to restrain them from interfering to the running of the business of the plaintiff-petitioner namely Rupsha Fish and Allied Industries.
(3.) The learned court by order dated 11.9.2005 fixed up 18.10.2005 for filing written statements and thereafter consecutively on 4 dates the defendant-opposite parties failed to file written statements. The learned Joint District Judge by order No. 12 dated 22.1.2006 as last chance allowed time and fixed up 6.2.2006 for filing written statements with a cost of Tk. 700/-, in default, for exparte hearing and decision. On 6.2.2006 the defendants appointed a new lawyer and again filed an application for 15 days adjournment to file written statements. The Court rejected the prayer for adjournment and took up the case for exparte hearing and decreed the suit exparte.;
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