Arab Bangladesh Bank Limited -Versus- X Bahumukhi Farm (Pvt.) Limited and others

IN THEARTHA RIN ADALT, 3RD COURT, DHAKA

ARTHA RIN SUIT NO. 52 OF 2003

Arab Bangladesh Bank Limited

PLAINTIFF/

PETITIONER

-Versus-

X Bahumukhi Farm (Pvt.) Limited and others

DEFENDANTS/OPPOSITE PARTIES

AN APPLICATION UNDER ORDER VI RULE 17 OF CODE OF CIVIL PROCEDURE, 1908 READ WITH SECTION 57 OF THE ARTHA RIN ADALAT AIN 2003.

The humble petition of the plaintiff/petitioner above named most respectfully

SHEWETH:

1. That the plaintiff/petitioner has filed the above suit for recovery of loan amounting to Tk.1,85,11,564.62 (Taka one crore eighty five lac eleven thousand five hundred sixty four and paisa sixty two) only from the defendants.

2. That the defendants have appeared in the suit and has filed written statement.

3. That in paragraph 20 of the plaint, it has been stated that Mr. Naser H.H. Khan, Senior Officer of the plaintiff Bank as authorised representative shall be liable to testify on behalf of the plaintiff bank in the present suit.

4. That meanwhile and after filing of the present suit, Mr. Naser H.H. Khan, Senior Officer of the plaintiff Bank has fallen sick and underwent a surgery in his abdomen. As such, he shall not be able to represent the plaintiff Bank in the present suit.

5. That from now on Mr. ______________, Senior Officer of the plaintiff Bank therefore shall represent the Bank in the present suit as Authorised Representative. The aforesaid change should be reflected in the plaint.

6. That therefore in paragraph 20 of the plaint, the name of “MR. NASER H.H. KHAN” is required to be replaced with “MR. PARITUSH KUMAR SAHA” for the ends of justice.

7. That the proposed amendments will not change the nature and character of the suit.

7. 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 plaint 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 plaintiff/petitioner as in duty bound shall ever pray.

AFFIDAVIT

I, ____________________, son of _________________, Senior Officer of Arab Bangladesh Bank Limited, Gulshan Branch, House No. CWN(A)-3, Road No. 49, Gulshan Model Town, Dhaka, aged about 39 years, by occupation service, by faith Hindu, nationality Bangladeshi by birth, do hereby solemnly affirm and say as follows :

01. That I am the Senior Officer of the plaintiff/petitioner in this case and as such I am fully acquainted with the facts and circumstances 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 27th day of June, 2004 at 10.45 a.m. before the affidavit commissioner.

DEPONENT

The deponent is known to me and identified by me

ADVOCATE

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