HC orders freeze on Evaly asset sale23 September 2021
Staff Reporter :
The High Court on Wednesday directed the concerned bodies to be restrained from selling, transferring or from otherwise disposing of the assets of the disputed ecommerce platform Evaly Limited till disposal of the case filed with the High Court.
The High Court Bench of Justice Muhammad Khurshid Alam Sarkar passed the order after hearing a petition filed under companies Act, 1994.
The High Court also issues a show cause notice upon the respondents to explain as to why an order should not be given upon them for winding up of the Evaly Limited, said Barrister Mahsib Hossain who appeared in the court on behalf of the petitioner.
The prayer for formation of a Board of Directors to take the control of the Evaly's company affairs, management and business shall be considered after appearance of the respondents, said the court in its order.
The court fixed September 30 for further hearing on the matter and also asked the respondents to comply with the notice within the date.
The court also asked the petitioner to serve the notice upon the respondents by the office through registered post. Evaly Limited, Registrar of Joint Stock of Companies and Firms, Bangladesh Financial Intelligence Unit (BFIU), Consumer Right Protection Bureau, Nagad Managing Director, Bkash Chairman, Bangladesh Competition Commission, E-CAB Association of Bangladesh, Bangladesh Association of Software and Information Services (BASIS), Bangladesh Bank and Commerce Secretary have been made respondents in the notice.
Md Farhad Hossen, a consumer of the Evaly, filed the petition seeking High Court directives for winding up of the Evaly Limited and an order for distribution of net asset cash fund among the clients on the basis of their present credit ratio.
In the petition Farhad Hossen also sought an order from the High Court to direct the respondents from restraining or prohibiting the Evaly from selling, transferring or otherwise from disposing of the assets of the company and to form an Board of Directors to take the control of the commerce entity's affairs, management and business.
Barrister AM Masum along with Barrister Syed Mahsib Hossain appeared in the court on behalf of the petitioner.
According to the petition, Md Farhad Hossen gave payment through online money transaction platforms Bkash and Nagad for purchasing products worth Tk 33308 in last May. But he failed to get his products despite repeated contacts with the Evaly authorities.
Another customer named Arif Baker on Sep 16 filed a case against Evaly's CEO Mohammad Rassel and his wife, also the chairman of the ecommerce entity, Shamima Nasrin with Gulshan Police Station for not delivering him products despite taking advance payment.
Following the case, RAB arrested Mohammad Rassel and his wife Shamima Nasrin on the same day.
A team from the elite force detained the couple during a raid at their Mohammadpur residence in the capital. They were taken to RAB headquarters and later they were handed over to Gulshan police on September 17 after a briefing.
Following a court order, Rassel has been put on remand in a case filed with Dhanmondi Police Station, while Shamima is in jail.