MAHBUB HASAN Room No.

B-3
Fatema Manzil (Ground floor)
Advocate 1/2, Rajar Dewry
Supreme Court of Bangladesh Dhaka Judges Court
P.S. Kotwali, Dhaka

Ref: ARB/01/22 Dated: September 11, 2022

BY SPECIAL MESSENGER

Ms. Nilufa Yesmin

Advocate
‘Parjoar Center’
Room No. F-23
22, Court House Street
P.S. Kotwali, Dhaka

Re: Appointment Letter to act as an ‘Arbitrator’ on behalf of

Mahim Real Estate Limited to constitute ‘Arbitral Tribunal’.

Dear Madam,

I act on behalf of my client, Mahim Real Estate Limited, House No. 15, Road No. 12
(new) 31 (old), Dhanmondi, Dhaka – 1209 having present address at ‘Sima Blossom’
(6th floor), House No. 03, Road No. 16 (old 27), Sk. Kamal Sarani, Dhanmondi,
Dhaka 1205. Mrs. Nargis Begum wife of Md. Mominul Haque and Md. Mominul
Haque son of Haji Sajem Ali of 41 B/A, 2nd Colony, P.S. Darus Salam, Dhaka on
03.02.2021/04.02.2021 entered into a registered agreement, being No. 1052 followed
by a supplementary agreement dated ------- for development of the land under their
ownership measuring 0900 ojutansha and 0825 ojutangsha respectively situated under
Mouza Zohurabad presently Mirpur Housing fully described in the schedule below
and to construct a 10 (ten) storied building having 36 (thirty six) apartments and
relevant car parking spaces by the finance and supervision of the company. An
Irrevocable General Power of Attorney being No. 1053 dated 03.02.2021/04.02.2021
was also executed and registered in favour of Mahim Real Estate Limited represented
by its Managing Director Mr. Md. Aslamul Haque empowering inter alia to construct
the building and to sell the apartments of developer’s portion under the said
Agreement along with undivided and undemarcated proportionate land to the
prospected buyers. As per said agreements my client company had paid an amount of
Tk. 60,00,000.00 (Taka sixty lac) to deceased Md. Mominul Haque in instalments as
signing money.
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My client company has heard about the death of Md. Mominul Haque. In the mean
time, Managing Director of my client company Mr. Md. Aslamul Haque has also
died.

Moreover, as per Gazette published on 23, August, 2022 new Master Plan [2016-
2035] for Dhaka Metropolitan Area within RAJUK by Ministry of Housing and
Public Works, the area FAR under Ward No. 10 of Dhaka City Corporation, North is
2.5 only. The new said Rule does not permit to build high rise residential building
within the said project located area or any 10 (ten) storied residential building on the
land in question.

In such situation my client company is not able to build 10 (ten) storied building on
said land following existing said provision of laws. The legal bar has come into force
after execution of the Agreement as force measure. That is why the Agreement has
become voidable at the option of either party. My client company has no option but to
drop the project taken on the land and to terminate the Agreement but the said land
owner and successors of another land owner are reluctant to refund the payment
received under the Agreement from my client company.

To resolve the dispute arisen between said land owners and my client company in
relation to cancellation development Agreement, revocation of power of attorney,
refund of the payment received under the Agreement from our company, my client
company has decided to invoke arbitration jurisdiction as per clause 25 of the
agreement No. 1052 and under section 11(2) of Arbitration |Act, 2001. To constitute
an ‘Arbitral Tribunal’ as per clause 25 of the agreement No. 1052 and under section
11(2) of Arbitration |Act, 2001 read with Real Estate Unnayan ‘O’ Bebosthapana Ain,
2010 with the view to resolve the said dispute, my client company has interested to
appoint you as its ‘Arbitrator’ if you are interested as well. If you accept the proposal,
you are requested to give a reply within 07 (seven) days of receipt of this letter as
your acceptance to act on behalf my client company to constitute an Arbitral Tribunal.

Your early response is highly appreciated.

Thanking you.

Yours faithfully,

(Mahbub Hasan)
Advocate
Supreme Court of Bangladesh

2
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Copy to:

Mrs. -------------------------
Managing Director
Mahim Real Estate Limited
‘Sima Blossom’ (6th floor)
House No. 03, Road No. 16 (old 27)
Sk. Kamal Sarani, Dhanmondi
Dhaka 1205 : For information and record.