IN THE COURT OF ARTHA RIN ADALAT NO.4, DHAKA
ARTHA JARI CASE NO. 144 OF 2006
Arab Bangladesh Bank
81, VIP road, Kakarail
X Prokoushales Sangstha Ltd. and others
An application under section 36 and 57 of the Artha Rin Adalat Ain, 2003.
The humble petition on behalf of the above named decree holder Bank most respectfully
1. That the decree-holder Bank have filed Title execution case no. 123 of 2000 on 09.11.2000 in the Court of 1st Additional Artha Rin Adalat, Dhaka and subsequently the case was transferred to 4th Artha Rin Adalat , Dhaka and the case was numbered as Artha Jari case No. 1214 of 2003 in this Court for realization of Tk. 84,07,709.51 (Taka eighty four lac seven thousand seven hundred nine and paisa fifty one ) only form the judgement debtors by sale of the mortgaged property as mentioned in the execution application.
2. That upon completion of all procedural formalities, on 18.06.2005 the learned court issued certificate in favour of the decree-holder bank under section 33(5) of the Artha Rin Adalat Ain 2003. The decree holder Bank failed to sale the property in question since the said property has already acquired by the RAJUK. Thereafter the decree-holder Bank filed the instant Artha Jari Case No. 144 of 2006 on 21.05.2006 against the judgment debtors. However RAJUK vide its letter on 25.05.2006 informed the decree holder Bank that the award in respect of the said land amounting to Tk. 2,31,957.22 (Taka two lac thirty one thousand nine hundred fifty seven and paisa twenty two) only was kept in the land acquisition department of the RAJUK.
3. That in such situation it is clear that the decree holder Bank can not sale the property in question since it has been already acquired by the RAJUK. However, there is every possibility by the judgment debtors to withdraw the said award from RAJUK. Pursuant to the section 36 of the Artha Rin Adalat Ain, 20003 the decree holder Bank has every right to get the said amount directly from RAJUK.
4. That the above situation the decree holder Bank is praying to the Court to pass an order infavour of the decree holder Bank directing to RAJUK to pay the award in respect of the Mortgaged property under section 36 of the Artha Rin Adalat Ain 2003. Otherwise the judgement debtor will receive the money from RAJUK and the decree will be frustrated.
5. That this application has been filed bona fide.
It is, therefor, prayed that a order may pass by this Court upon the RAJUK to pay the said award amounting to Tk. 2,31,957.22 (Taka two lac thirty one thousand nine hundred fifty seven and paisa twenty two) to the decree-holder Bank, and/or pass such other order or orders as the learned Court may deem fit and proper.
And for this act of kindness the decree holder/Bank as in duty bound, shall ever pray.
A F F I D A V I T
I, ___________________________ son of ___________________Arab Bangladesh Bank Limited, Kakrail Branch, 81 VIP Road , Kakrail , Dhaka, aged about ____ years, by occupation service, by faith Muslim, Nationality Bangladeshi by birth, do hereby solemnly affirm and say as follows:
1. That I am an officer of the decree holder 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 and in witness whereof I signed bellow and swear this affidavit on _____ day of ________, 2006 at ________ a.m. before the commissioner of affidavit.
The deponent is known to me and identified by me.