Govt. of the Peoples's Republic of Bangladesh
Stamp value 50 + 25+25+25+25
Signed by Nadim Ibne
Seraj and Md. Safiul Alam (Newton).
BILATERAL AGREEMENT
Nadim Ibne Seraj, son of Dr. Sheikh Serajuddin, present address : House No.
22, Road No. 10/A, Dhanmondi Residential Area, P.S. Dhanmondi, Dist. Dhaka,
Religion – Islam, Profession – Business, Nationality – Bangladeshi.
-----The 1st Party.
Md.
Shafiul Alam (Newton), Son of Md. Abdul Hakim, Present Village – 1/3, Sukrabad, P.S.
Mohammadpur, Dist. Dhaka, Religion – Islam, Profession – Business, Nationality
– Bangladeshi.
----The 2nd Party.
Remembering
the name of the most merciful Allah and beginning the version of the Bilateral
Agreement that Dist. Dhaka, P.S. Dhanmondi, under of it, Mouza:
"Dhanmondi", the old ledger No. 67, Plot No. 636, at present D.P.
Ledger No. 1425, Present Plot No. (R.S.
1531), 1028, Plan No. 549/56, Dhanmondi Residential Area, Road No. 20 (Old),
10/A (New) Plot No. 636(Old), 22(New) of total 33.04 decimal land among it
9,7965 decimal land of which bounded – to the North – Nargis Banu and others,
to the South – 80 ft Road, to the East – 60 ft Road, to the West – Dr. Nasim Us
– Seraj and Dr. Md. Serajuddin, the 1st parties was became the owner
possession holder due to gift and was enjoying and utilizing it.
At present
the first party of his owner possession ship in his schedule-described
property, for to build up 6-storied building, there have been made a plan. But
there is not possible for to cover of all the cost by the 1st party
and as such, the 1st party, his construction cost, for cover it and
to do make invest of capital, there was made proposal to the second party, the
2nd party was agreed to the proposal of the 1st party and
in the owner possession ship land of the 1st party, due to
construction of 6-storied building, the 2nd party has been complied
with the following terms and conditions for to invest of money :-
Contd. P/2
Page-2
TERMS AND CONDITIONS:
1.
The
1st Party, from the from the Capital Development Authority, as per
of the Rajuk Approved design in the owner possession holder land, there will be
started of the construction work and after this and till to end of the
construction work, the 2nd party
will be given Tk.80,00,000/- (Eighty Lac) to the 1st party.
But at the time for Agreement completion, the 2nd party within the
80,00,000/- (eighty lac) at a time 50,00,000/- (fifty thousand lac) taka will
be given to the 1st party.
2.
To
the completion of the 6-storied building, if be needed more capital by the 1st
party, the 1st party of his owner possession holder property for any
other monetary organization or to the bank after kept mortgage, there will be
received loan and the liability of the said loan will be borne by the 1st
party and the said loan will be paid by the 1st party.
3.
As
the 2nd party for investment of Tk.80,00,000/- (eighty lac) to the
owner possession holder of the 2nd party for construction of
multi-storied building, the 1st party, from the 2nd party accepted Tk.40,00,000/- (forty lac) by
the 1st party and in exchange of it, to the 2nd party of
the full ownership of the 2nd floor (including the proportionate
part of the land), there will be made understand to the 2nd party
and before the transferred deed of the 2nd Floor, it it is any other
monetary organization, bank or to a person be kept mortgage, then after made
release of the mortgage, there will be made transfer deed and after completion
of the construction work and during the transfer of the 2nd floor,
rest 40,00,000/- (forty lac ) taka the 1st party will be paid in
cash to the 2nd party.
Contd. P/3
Page-3
4. Natural
calamity, political unrest and god act, due these facts and if not to be
hampered of the construction work, from the construction duration period 1st
January 2005 to 30th June 2007 year and natural calamity, political
unrest and god act, due to these cause of god act, the duration of construction
work would be increased more of 06(six) months and during the said period there
will be completed of the construction work and there will be made understand of
the floor to the 2nd party.
5. The 2nd
party of his received 2nd floor, he could be made of decoration
there as his own wish and the additional cost for this will be borne by the 2nd
party.
6. As per the
terms and conditions of the agreement by the 1st party, if be come
to failure for transfer of the 2nd Floor to the 2nd party
within the duration period or to be refused, the 2nd party by the
deed of agreement, there could be made registration by the court and rest of
the 40,00,000/- (forty lac) taka if not to be paid or to be felt hesitation,
the 2nd party shall be entitled to collected it by the court
including the compensation.
7. Common
spaces of the 6-storied building as well as roof of the building, stair etc,
there will be common right of the 2nd party and every thing of it,
during the period of transfer deed performance to the favour of the 2nd
party, there will be clearly described in the said deed.
8. The
duration period will be the building construction period.
Contd. P/4
Page-4
9. During the
period of agreement, if there be found any kind of dispute in between of the
parties, the parties will be appointed the arbitrator on behalf of each party
and will be arranged to solve of the dispute. But after expired of the duration
period, there will not to be existed any rule for arbitration that means the
said clause shall be treated as invalid.
10. The
construction work of the building will conducted and performed through the control and supervision by both of the
parties. But the monetary function about construction work shall be imposed
upon the 1st party.
11. The 1st
Party of his share plots during the period of transfer, there will be taken
prior approval of the 2nd Party.
12. All the
description of this agreement and terms and conditions shall be applicable and
forceful to the present heirs of the parties due to absent to them.
13. The
original two copies of this agreement is computer composed and the parties will
be kept for one of the copy of those.
Contd. P/5
Page-5
Therefore, in self-willing, in full of sense, in good physic,
without influence of others and after read all the description of this
agreement and understood the ground of it with the truth consented, we are the
parties were put of our signatures which on the dated :
This
agreement is composed of 5(five) pages
and the witnesses are (5) persons
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Witnesses:
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Sd/Illegible
12/04/04
Signature
of the 1st Party
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1.
2.
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Sd/Illegible
Signature
of the 2nd party
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3.
Marzana Shafique
Road #
27, Road # 10/A,
Dhanmondi
R/A,
Dhaka, Bangladesh
4.
5. Feroz
Kabir Chowdhury
House #
75, Road # 11A,
Flat #
2C, Dhanmondi, Dhaka,
Bangladesh.
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Drafted
by:
Md. Gias
Uddin
Advocate
13/9, Johnson Road, Dhaka.
Dated :
13/04/04
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