Arab Bangladesh Bank Limited -VERSUS- X Garments Ltd. and others

IN THE ARTHA RIN ADALAT, 3rd COURT, DHAKA

ARTHA JARI CASE NO. 24 OF 2001

(TITLE EXECUTION NO. 24 OF 2001)

IN THE MATTER OF:

An application under section 33(7) read with section 57 of the Artha Rin Adalat Ain, 2003 for issuance of certificate of title in favour of the decree-holder Bank.

AND

IN THE MATTER OF:

Arab Bangladesh Bank Limited

DECREE-HOLDER

-VERSUS-

X Garments Ltd. and others

JUDGMENT-DEBTORS

The decree holder Bank most respectfully-

SHEWETH:

1. That the decree holder Bank filed the above Artha Jari case on 25.02.2001 to execute the decree for realization of the decreetal amount along with interest as per terms of the decree amounting to Tk. 4,20,81,951.77 (Taka four crore twenty lac eighty one thousand nine hundred fifty one and Paisa seventy seven) as on 31.12.2000 in this Court by sale of the mortgaged properties.

2. That the decree-holder bank sold the schedule “A” & “B” property on 19.04.2003 through Court by way of auction. The value realized by selling the mortgaged properties was Tk. 29,27,000.00 (Taka twenty nine lac twenty seven thousand) only which was adjusted from the decreetal amount.

3. That after completion of all procedural formalities under the relevant provisions of law the date of the case was fixed on _____________________ for sale of the Schedule “C” property in auction but no bidder came to participate in the auction.

4. That in the circumstances mentioned above the decree holder bank has no way but to prefer this petition with the prayer to obtain ownership of the Schedule “C” property as per provision of section 33(7) of the Artha Rin Adalat Ain 2003, otherwise the interest of the bank will seriously be prejudiced.

5. That as such it is required to pass an order issuing a certificate of ownership of the Schedule “C” property in favour of the decree holder and sending the same to the office of the respective local sub registrar to be registered as per provision of section 33(7) of the Artharin Adalat Ain 2003.

6. That this petition is filed bonafide.

Wherefore, it is most humbly prayed that this Hon’ble Court may graciously be pleased to allow this application and thereby issue a certificate of ownership of the Schedule “C’ property in favour of the decree holder and send a copy thereof to the office of the respective local sub registrar to be registered and/or any other order or orders as the Court may deem fit and proper.

And for this act of kindness the decree holder as in duty bound shall ever pray.

A F F I D A V I T

I, ____________________________, son of _________________________, aged _ years, by occupation _____________, by faith __________, nationality Bangladeshi by birth, do hereby solemnly affirm and say as follows:

1. That I am ________________ of the decree holder Bank in this suit and am fully acquainted with the facts and circumstances of the case and competent to swear this Affidavit.

2. That the statements made above are true to the best of my knowledge and belief and the rests are submission before the Hon’ble Court on __________ at _________ a.m.

DEPONENT

The deponent is known to me and identified by me.

ADVOCATE

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