Arab Bangladesh Bank Limited -VERSUS- X Foods Limited & others

IN THE ARTHA RIN ADALAT 3RD COURT AT DHAKA

ARTHA JARI NO. 209 OF 2004

IN THE MATTER OF

AN APPLICATION FOR DISMISSAL OF THE ARTHA JARI CASE FOR NON-PROSECUTION

AND

IN THE MATTER OF:

Arab Bangladesh Bank Limited

Deceree-holder

-VERSUS-

X Foods Limited & others

Judgment-debtor

The petitioner/Decree-holder most respectfully states as follows:

1) That the Decree-Holder/Petitioner has filed this Execution Case against the Judgment debtors/Opposite Parties on 13.06.2006 for recovery of decretal amount and other cost of Tk. 2,46,10,913.71.

2) That after filing this Execution Case the Judgment Debtors came forward for settling the matter out of the Court and offered to repay their dues with the Decree-holder Bank. However as per the compromised arrangement the Judgment Debtors has already adjusted their liability with the Decree-holder Bank.

3) In the above circumstances the Decree-holder/Petitioner is no longer willing to proceed with the Execution Case and the Execution Case may be dismissed for non-prosecution. And as such the Decree-holder/Petitioner is filing this application for necessary order from the learned Court.

Wherefore, it is humbly prayed that your honour would be kind enough to allow the Execution Case of dismiss for non-prosecution and pass such necessary order and/or any other order or orders as the learned Court may deem fit and proper.

And for this act of kindness the Decree-holder/Petitioner as in duty bound shall ever pray.

A F F I D A V I T

I, ____________________________, son of _________________________ Arab Bangladesh Bank Limited, Motijheel Branch, BSB Building 8, Rajuk Avenue, Dhaka aged ________years, by occupation service, by faith __________, nationality Bangladeshi by birth, do hereby solemnly affirm and say as follows:

1. That I am officer 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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