An application under section 49 of the Artha Rin Adalat Ain

IN THE ARTHA RIN ADALAT 3RD COURT AT DHAKA

ARTHA JARI CASE NO. ________ OF 200_

IN THE MATTER OF:

An application under section 49 of the Artha Rin Adalat Ain, 2003 for deposit the decretal amount with 12 equal installments.

AND

IN THE MATTER OF:

The City Bank Limited

Decree Holder

-Versus-

______________ and another

Judgement Debtors

The Judgment debtor No. 1 above named most respectfully:

SHEWETH

01. That the decree holder bank as plaintiff filed Artha Rin Suit No. ____ of ____ against the judgement debtors as defendants for realization of money amounting to Tk. _____________________ in this Court. The defendants appeared and contesting in the suit by filing written statements through its conducting learned lawyer. However, the suit was passed decree on ________ amounting to Tk. ________________ against the defendants.

02. That thereafter the decree holder bank on _________ filed Artha Jari Case No. _______ in this Court to execute the decree against the judgement debtors for recovery of the said decretal amount.

03. That thereafter the learned Court has issued Show Cause Notice against the judgment debtors as to why the decree shall not be execute against them. Thereafter the judgment debtors appeared before this Court and to day i.e. 23.11.2007 the above Artha Jari Case is fixed for filing of written objection by the judgment debtors against the aforesaid Show Cause Notice.

04. That the judgment debtor No. 1 wishes to pay the decretal amount of Tk. ________ in full by 12 (twelve) equal installments as per section 49 of the Artha Rin Adalat Ain, 2003. Since the judgement debtors have undertaken to repay the decretal amount there is no legal bar to accept this application as per Section 49 of the Artha Rin Adalat Ain, 2003.

In the above circumstances, it is humbly prayed that the Hon’ble Court would graciously be pleased to pass an order to direction the judgment debtor No. 1 to deposit the decretal amount to the Court by 12 equal installments and/or pass such other order or orders as may be deemed fit and proper in this suit.

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

AFFIDAVIT

I, ____________________, son of ____________________, of ___________________________________________________, aged about _____years, by faith _______, nationality Bangladeshi by birth, profession service, do hereby solemnly affirm and declare as follows:

1. That I am the Judgment debtor No. 1 and well conversant with the facts of the case and competent to swear this Affidavit.

2. That the statements of facts made in this application are true to the best of my knowledge and belief and rests are submissions before this Hon’ble Court and in witness whereof I swear this affidavit and signed below on this the ______ day of ___________, 2006 at ____ a.m. before the Commissioner of Affidavits.

DEPONENT

The deponent is known to me and identified by me.

ADVOCATE