An application under section 33(7) read with section 57 of the Artha Rin Adalat Ain

IN THE ARTHA RIN ADALAT 3rd COURT, DHAKA

ARTHA JARI CASE NO. 128 OF 2005

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-

Mr. X and others

JUDGMENT DEBTORS

The decree holder Bank most respectfully-

SHEWETH:

1. That the decree holder Bank filed the above Artha Jari case on 05.04.2005 to execute the decree for realization of the decreetal amount along with interest as per terms of the decree amounting to Tk. 22,30,264.41 (Taka twenty two lac thirty thousand two hundred sixty four and paisa forty one) in this Court by sale of the mortgaged property.

2. That after completion of all procedural formalities under the relevant provisions of law the date of the case was fixed on 24.01.2006 of the mortgaged property in auction.

3. That the notices of the said auctions were duly published on 24.01.2006 as per law 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 mortgaged 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 mortgaged 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 mortgaged 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 _______________________,_________________ Arab Bangladesh Bank Limited, Mohakahali Branch, Pacific Centre, 14, Mohakhali C/A, Dhaka-1212 aged _____, years, by occupation service, by faith __________, nationality Bangladeshi by birth, do hereby solemnly affirm and say as follows:

1. That I am the tadbidkar of the Decree Holder Bank in this case 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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