The Financial Express

HC defers formation of body to oversee Evaly affairs

| Updated: October 14, 2021 09:13:28

HC defers formation of body to oversee Evaly affairs

The commerce ministry has proposed three former secretaries’ names to the High Court for including one of them in a four-member body that will oversee the company affairs, management, and business of Evaly Limited.

Three former secretaries are--- Md Maksudur Rahman Patwary, former land secretary, Md Rezaul Ahsan, former local government secretary, and Yakub Ali Patwary, former chairman of Land Reform Board.

But the High Court bench of Justice Muhammad Khurshid Alam Sarkar on Wednesday deferred the date for passing an order to form the four-member body. It will pass order next week after reviewing the backgrounds of the persons proposed to form the interim body.

Earlier on Tuesday, the HC expected to form a four-member body Wednesday to oversee the company affairs, management, and business of the controversial e-commerce platform.

A chartered accountant, a lawyer, a secretary, and a former judge will be included in the body, said the court. Accordingly, the court asked the commerce ministry to propose names of three secretaries for including one of them in the four-member body.

Complying with the order the commerce ministry sent the names on Wednesday. Lawyer Tapas Kanti Baul placed the names in the court on behalf of the commerce ministry.

Following a petition filed under the Companies Act-1994, the same High Court bench on Sep 22 directed the authorities concerned not to sell, transfer or dispose of the assets of Evaly Limited until the disposal of the case filed with it.

And on September 30, the bench called for all records of the Evaly Limited. The Registrar of the Joint Stock of Companies and Firms was directed to send the entire records of the company on October 12 this year to this court.

Complying with the High Court order the Registrar of the Joint Stock of Companies and Firms sent all records of the Evaly to the court.

Md Farhad Hossen, a customer of the Evaly, filed a petition on Sep 22 seeking HC directives to wind up the Evaly and distribute net asset cash fund among creditors.

He also sought a court order to direct the respondents to restrain or prohibit Evaly from selling, transferring, or disposing of its assets.

Mr. Hossen also made a plea for the formation of a board of directors to take control of the e-commerce entity's affairs, management, and business.

But the court said the prayer for a board to control Evaly's company affairs, management and business would be considered after the appearance of the respondents.

Barristers AM Masum and Syed Mahsib Hossain appeared in the court on behalf of the petitioner.

According to the petition, Farhad Hossen gave payment through mobile financial services bKash and Nagad for purchasing products worth Tk 33,308 last May. But he has so far failed to get his products despite repeated contacts with the Evaly authorities.

On September 16, another client Arif Baker sued Evaly CEO Mohammad Rassel and Chairman Shamima Nasrin with Gulshan police station for not delivering him products despite taking advance payment.

Following the case, the RAB personnel arrested them from their Mohammadpur residence the same day. They were taken to RAB headquarters and later handed to Gulshan police on September 17 after a briefing.

Mr. Rassel and his wife Nasrin are now in jail in the cases filed against them with different police stations.

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