Arab Bangladesh Bank Limited versus M/S. X and others

IN THE ARTHA RIN ADALAT, 3rd COURT, DHAKA

(MONEY EXECUTION NO. 66 OF 2001

Arab Bangladesh Bank Limited

DECREE HOLDER

VERSUS

M/S. X and others

JUDGMENT DEBTORS

AN APPLICATION UNDER ORDER VI RULE 17 OF THE CODE OF CIVIL PROCEDURE READ WITH SECTION 57 OF THE ARTHA RIN ADALAT AIN, 2003.

The decree holder most respectfully states as follows:

1. That the decree holder Bank filed the above Artha Jari case in this Court against the judgment-debtors on 04.07.2001 to execute the decree for realization of the decreetal amount along with interest as per terms of the decree amounting to Tk. 22, 20, 347.20 as on 30.04.2001.

2. That thereupon the decree holder bank could not trace any immovable property of the judgment debtors to execute the decree.

3. That thereafter upon application of the decree holder bank, the learned Court vide its Order dated _________ issue warrant of arrest to the judgment debtors. But recently the decree holder bank came to know from reliable sources that the judgment debtor No. 2 i.e. Mr. A.H.M. Safru presently resided at the following addresses.

I. Mr. Y

Partner

M/S. C

Pagla, Fatullah, Narayangonj

II. Mr. Y

Managing Director

M/S. R

M/S. K.M. Steel Mills Ltd.

Konabari, Demra, Dhaka

III. Mr. Y

221, Zakir Hossain Road

East Nasirabad, Chittagong.

4. That thereby it is humbly submitted before the Court to record the above addresses in the column 3 of the execution form and issue warrant of arrest to the aforesaid new addresses of the judgment debtor No. 2.

5. That in the premises, the decree holder bank submits that for satisfying the decree, the Court may by invoking its inherent jurisdiction under section 57 of the Artha Rin Adalat Ain 2003 and the power under Order VI Rule 17 of the Code of Civil Procedure to allow the amendment suggested above and accordingly issue a warrant of arrest to the judgment debtor No. 2, otherwise the decree holder bank shall suffer irreparable loss and injury.

6. This application has been filed bonafide.

Wherefore it is humbly prayed that your Honour would graciously be pleased to allow the amendment suggested above and accordingly issue a warrant of arrest to the new addresses of the judgment debtor No. 2 and/or pass any other order as the Court may deem fit.

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

AFFIDAVIT

I, ____________________________, son of _________________________ of Arab Bangladesh Bank Limited, Motijheel Corporate Branch, BSB Bhaban, 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 the officer 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 _____ day of ________, 2006 at ________ a.m.

DEPONENT

The deponent is known to me and identified by me.

ADVOCATE

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