Dutch Bangla Bank Limited -Versus- X Pet Industries Limited and others

IN THE COURT OF THE ARTHA RIN ADALAT AIN, 3RD COURT, DHAKA

ARTHA RIN SUIT NO. ________OF _______

Dutch Bangla Bank Limited

Plaintiff

-Versus-

X Pet Industries Limited and others

Defendants

WRITTEN OBJECTION ON BEHALF OF PLAINTIFF AGAINST THE APPLICATION UNDER SECTION ORDER 07 RULE 11 OF THE CODE OF CIVIL PROCEDURE FILED BY DEFENDANT NO. 2:

01. That the defendant No.2 has filed this Application in the instant suit seeking relief for rejection of the plaint and for dismissal of the suit.

02. That there is no option to reject plaint for non compliance of the provision provided under section 12(3) of the Artha Rin Adalat Ain, 2003.

03. That the section 12(6) of the Artha Rin Adalat Ain, 2003

04. That the plaintiff bank sanctioned FDBP (Local) facilities for an amount of Tk. 31,68,901.00 and Tk. 28,99,823.00 in favour of the defendant No.1 vide Sanction Letter dated 04.06.2002 and 05.09.2002 (the ‘Sanction Letters’) respectively which were duly accepted by the defendant No.1.

05. That the defendant No. 1 availed the FDBP facility for the said aggregate amount of Tk. 6068724.00 only from the plaintiff bank. As per the Sanction Letters the defendant No. 1 is obliged to adjust the liabilities from his own sources if the proceeds is not realized from Social investment Bank i.e. the L/C issuing bank.

06. That an undertaking dated 04.06.2002 has been executed by the defendant No. 1 in this regard that in case of non payment/non realisation of payments under relative bills from the L/C opening bank(s) at maturity, they shall refund the plaintiff banks dues. As such the defendants have no way to evade from its legal obligation to adjust its FDBP loan liabilities with the plaintiff bank.

07. That it is stated regarding paragraph 7 of the Application that the defendant No.1 is jointly and severally liable with the L/C issuing and confirming bank Social Investment Bank Limited since it is the acceptor of the bills stated above.

08. That regarding the allegation made by plaintiff bank in paragraph 8 of the Application are denied by the plaintiff bank. It is stated that the plaintiff bank has maintained by the status quo issued by the High Court Division. It had right to file this suit which did not violate the Order of status quo.

09. That regarding paragraph 9 of the Application it is stated that the Suit No. 65 of 2005 filed by the plaintiff bank against the L/C issuing and confirming bank Social Investment Bank Limited has been stayed by the High Court Division of the Supreme Court in the Writ Petition No. ______________. As such there is every option to proceed this suit against the defendants for recovery of the plaintiff bank’s legitimate dues.

10. That it is stated by the plaintiff bank regarding paragraph 10 of the Application that the defendants and Social Investment Bank Limited are eventually jointly and severally liable for the facility availed by the defendant No.1. Since the Suit No. 65 of 2005 is stayed there is no scope to raise question of filing or proceeding two suits at a time.

11. That the statements made under paragraph 11 of the Application is not acceptable since the defendant No.1 should not get any remedy towards avoid of its legal obligation to the plaintiff bank.

12. That the defendant No.3 failed to show any specific provision of law or valid ground to reject the plaint. So the Application seeking rejection of plaint and dismissal of the suit be rejected.

In the circumstances, the Application seeking rejection of plaint and dismissal of the suit filed by the defendant No.3 be dismissed with costs in favour of the plaintiff bank.

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

AFFIDAVIT

I, ____________________________, son of _____________________, aged about ________ years, by occupation service, by faith Muslim, Nationally Bangladeshi by birth, do hereby solemnly affirm and say as follows:

1) That I am an officer of the plaintiff bank and 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 my knowledge and belief and the rest are submission before the Hon’ble Court.

DEPONENT

The deponent is known to me and identified by me.

ADVOCATE

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