IN THE COURT OF THE ARTHA RIN ADALAT AIN, 3RD COURT, DHAKA
ARTHA RIN SUIT NO. 264 OF 2006
Dutch Bangla Bank Limited
X Pet Industries Limited and others
WRITTEN OBJECTION ON BEHALF OF PLAINTIFF AGAINST THE APPLICATION UNDER SECTION ORDER VII RULE 11 OF THE CODE OF CIVIL PROCEDURE FILED BY DEFENDANT NO. 2:
01. That the defendant No.2 has filed this Application in the instant suit seeking relief for rejection of the plaint of the suit.
02. That according to law there is no option to reject any plaint of Artha Rin Suit for noncompliance of the provision provided under section 12(3) of the Artha Rin Adalat Ain, 2003. That the section 12(6) of the Artha Rin Adalat Ain, 2003 is as follows:
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03. That it is clear from the section 12(6) of the Artha Rin Adalat Ain, 2003 that without compliance of the provision provided under section 12(2) and 12(3) of the said Act, any bank/financial institution can file Artha Rin Suit to recover its legitimate dues. In such situation defendants are not entitled to get relief of rejection of plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908 but may seek relief to the effect to pass decree against him/them deducting value of the mortgage property as per valuation shown by the plaintiff, if the plaintiff would have not shown the valuation the property then upon obtaining valuation report from the concerned Sub-Registry.
04. That in the instant suit, the defendant No.2 filed this Application under Order VII Rule 11 of the Code of Civil Procedure, 1908 to reject the plaint raising allegation of noncompliance of the provision provided under section 12(3) of the Artha Rin Adalat Ain, 2003 by the plaintiff which is not maintainable in the eye of law.
05. That the section 12(3) of the Act gives scope to the banks/financial organization to adjust its/their legitimate dues without intervention court of law and to speed up recovery process. In any legal view it does not indicate to create legal disability in part of banks/financial institutions to file suit without compliance of the section 12(3) of the Artha Rin Adalat Ain, 2003. Since the section 12(3) read with section 12(6) of Artha Rin Adalat Ain, 2003 does not create legal disability/bar to file Artha Rin Suit for noncompliance of the section 12(3) of the Act, so the Application filed by the defendant No.2 under Order VII Rule 11 of the Code of Civil Procedure, 1908 is liable to be rejected summarily.
06. That actually the defendant No.2 filed this Application to hamper the recovery process initiated against him/them and with the view to by pass his legal obligation to repay loan along with interest.
07. That the defendant No.2 failed to show any specific provision of law or valid ground to reject the plaint but tried to mislead the Court regarding the provision of law. So the Application seeking rejection of plaint of the suit be rejected.
In the circumstances, the Application seeking rejection of plaint and dismissal of the suit filed by the defendant No.2 be dismissed with costs in favour of the plaintiff bank.
And for this act of kindness the defendant as in duty bound shall ever pray.
I, ____________________________, son of _____________________, of Dutch Bangla Bank Limited, Local Office, 1, Dilkusha Commercial Area, Dhaka, aged about ________ years, by occupation service, by faith Muslim, Nationally Bangladeshi by birth, do hereby solemnly affirm and say as follows:
1) That I am _______________ of the plaintiff bank and 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 my knowledge and belief and the rest are submission before the Hon’ble Court.
The deponent is known to me and identified by me.