Dhaka Bank Limited -Versus- X International Limited and others

IN THE ARTHA RIN ADALAT 3RD COURT AT DHAKA

ARTHA JARI CASE NO. ______ OF 2006

IN THE MATTER OF:

An application under section 49 of the Artha Rin Adalat Ain, 2003 for deposit the decretal amount isposal of the case as per terms of the Agreement for Compromise executed by and between the Decree Holder and the Judgement-Debtors.

AND

IN THE MATTER OF:

Dhaka Bank Limited

Decree Holder

-Versus-

X International Limited and others

Judgement Debtors

The decree holder above named most respectfully:

SHEWETH

01. That the decree holder petitioner Bank has filed the aforesaid Artha Jari Case on 12.05.2004 against the judgement debtors for recovery of Tk. 23,20,562.76 (Taka twenty three lac twenty thousand five hundred sixty two and paisa seventy six) only inclusive of interest and cost as on 30.04.2004 by sale of mortgaged properties which is pending in this Court.

02. That after filing the case, due to the intervention of well-wishers of the decree holder and the judgement debtors, both the parties have decided to settle the matter amicably and thereafter both the parties entered into an Agreement for Compromise on 01.12.2004.

03. That the decree holder and the judgement debtors have voluntarily entered into this compromise. Since the judgement debtors have undertaken to repay the compromised amount as per terms of the said Agreement for Compromise, it is submitted that the case may be disposed off as per terms of the said Agreement for Compromise.

In the above circumstances, it is humbly prayed that the Hon’ble Court would graciously be pleased to pass an order to dispose of the case as per terms of the Agreement for Compromise dated 01.12.2004 and/or pass such other order or orders as may be deemed fit and proper in this suit.

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

AFFIDAVIT

I, ____________________, son of ____________________, __________ of Dhaka Bank Limited, Foreign Exchange Branch having address at 100, Motijheel Commercial Area Dhaka-1000, aged about _____years, by faith _______, nationality Bangladeshi by birth, profession service, do hereby solemnly affirm and declare as follows:

1. That I am an officer of the plaintiff bank of this plaint and well conversant with the facts of the case and competent to swear this Affidavit.

2. That the statements of facts made in this application are true to the best of my knowledge and belief and rests are submissions before this Hon’ble Court and in witness whereof I swear this affidavit and signed below on this the ______ day of ___________, 2005 at ____ a.m. before the Commissioner of Affidavits.

DEPONENT

The deponent is known to me and identified by me.

ADVOCATE

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