Arab Bangladesh Bank Limited -Versus- Mr. X and others

IN THE COURT OF JOINT DISTRICT JUDGE AND ARTHA RIN ADALAT, NARAYANGANJ

ARTHA JARI NO. 72 OF 2004

Arab Bangladesh Bank Limited

DECREE HOLDER/

PETITIONER

-Versus-

Mr. X and others

JUDGMENT DEBTORS/OPPOSITE PARTIES

AN APPLICATION UNDER SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 AND SECTION 57 OF THE ARTHA RIN ADALAT AIN, 2003.

The humble petition of the decree holder/petitioner above named most respectfully

SHEWETH:

1. That the decree-holder Bank filed the Title Suit No. 29 of 2003 in the Court of Joint District Judge and Artha Rin Adalat, Narayangonj for realisation of Tk.8,68,688.00 ( taka eight lac sixty eight thousand six hundred eighty eight) only form the judgment debtors.

2. That the Court of Joint District Judge and Artha Rin Adalat, Narayangonj was pleased to pass a decree on 06.11.2003 against the judgment debtors for an amount of Tk. Tk.8,68,688.00 ( taka eight lac sixty eight thousand six hundred eighty eight) only with interest @ 15% per annum from 01.01.2003 till realization of the amount. The decree holder was further awarded Tk.17,603.00 (taka seventeen thousand six hundred three) only as cost of the suit.

3. That thereafter the decree holder Bank filed the Artha Jari Case No. 72 of 2004 on 13.04.2004 to execute the decree for realization of the decretal amount along with interest as per terms of the decree amounting to Tk. 8,11,669.00 (Tk. eight lac eleven thousand six hundred sixty nine) only as on 31.03.2004 in the Court of Joint District Judge and Artha Rin Adalat, Narayangonj by sale of the mortgaged property. But inadvertently in column seven of the execution form of the Execution Case the decretal amount was shown as 6,68,668.00 instead of 8,68,688.00.

4. That therefore the entire calculation of column seven, is required to be –arranged as follows for the ends of justice:

“Decretal amount :Tk.8,68,688.00

Interest @15% from 01.01.2003 to 31.03.2004 :Tk.1,64,688.00

Cost as per decree :TK. 17,603.00

____________________

Total : Tk.10,50,979.00”

5. That if the suggested amendment is made, the nature and character of the present case shall remain unchanged.

6. That this application has been filed bonafide.

Wherefore it is humbly prayed that your Honour would graciously be pleased to allow the application for amendment of the form of Execution as proposed above and/or pass such other or further order(s) as 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 ________________________________ of Arab Bangladesh Bank Limited, Pagla Branch, Alhaz Afsar Karim Bhaban, D. N. Road, Pagla, Fatulla, Narayanganj aged about ______ years, by occupation service, by faith Muslim, nationality Bangladeshi by birth, do hereby solemnly affirm and say as follows :

01. That I am the officer of the Plaintiff of this plaint and well conversant with the facts of the case and competent to swear this Affidavit.

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

DEPONENT

The deponent is known to me and identified by me

ADVOCATE

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