BANGLADESH SHILPA BANK Vs. BANGLADESH HOTELS LTD.

JUDGEMENT

(1.) This appeal arises from Civil Revision No. 412 of 1983 decided by a Bench of the High Court Division, Dhaka Bench on 9th July 1984.

(2.) On 13th July 1974 appellant Bank filed Miscellaneous Case No. 88 of 1974 under Article 33 of the Shilpa Bank Order, 1972 (Presidents Order No. 129 of 1972) in the Court of District Judge, Dhaka for realisation of its dues amounting to Tk. 1,31,15,907 38 as on 31-3-74. On 18th September 1976 the aforesaid case was decreed on compromise. Mr. A. Sattar, Chairman of the respondent Company, who is an educated person swore the affidavit stating that "the statements made in the annexed petition of compromise are true to my knowledge". Thus the terms and conditions of the decree on compromise hound the parties to the decree,

(3.) As the respondent Company failed to repay the monthly installments from November 1974 as per terms of the compromise decree the appellant filed an application in the month of May, 1980 in the Court of District Judge, Dhaka for execution of the said decree as provided in Article 33 of the Shilpa Bank Order, 1972.