First Security Bank Limited -Versus- Mrs. X and 03 (three) others

IN THE COURT OF ARTHA RIN ADALAT NO. 2ND COURT, DHAKA

ARTHA RIN SUIT NO. __28 OF 2005

First Security Bank Limited

Plaintiff bank

-Versus-

Mrs. X and 03 (three) others

Defendants

FURTHER CLARIFICATION OF DOCUMENTS AS PER ORDER DATED 17.05.2006 PASSED BY THE HONOURABLE COURT IN THE ABOVE MENTIONED SUIT

The plaintiff above named most respectfully states: –

AS FOLLOWS:

1) That as per direction of the honourable High Court Division of the Supreme Court in the Writ Petition No. 8576 of 2005, the Court (Artha Rin Adalat, 2nd Court) has passed an order on 17.05.2006 upon the plaintiff to mention clearly which is the actual/true sanction letter and which are the actual/true mortgaged properties securing the loan availed by the defendant No.1 for which the suit has been filed.

2) That the plaintiff bank vide Petition dated 25.07.2006 mentioned that the Sanction Letter No. FSBL/DIL/ADV/974/2001 dated 27.10.2001 is the actual sanction letter through which the defendant No.1 availed the facility from the plaintiff bank and by Deed of Mortgage No. 368 dated 19.01.2003 (the ‘Deed of Mortgage’) landed properties have been mortgaged for securing the loan and also an Irrevocable General Power of Attorney No. 369 dated 29.01.2003 (‘IGPA’) has been executed to sell the landed properties in cause of default.

3) That the plaintiff bank hereby submits that the plaintiff bank vide Sanction Letter No. FSBL/DIL/ADV/974/2001 dated 27.10.2001 sanctioned SOD (GEN) facility for an amount of Tk. 2,50,00,000.00 (Taka two crore fifty lac) only in favour of the defendant No. 1 and the defendant No.1 also availed the sanctioned amount in full from the plaintiff bank

4) That the plaintiff bank is hopeful that it has cleared the question regarding the true/actual sanction letter, true/actual mortgaged landed properties and sanctioned amount under the sanction letter regarding the loan availed by the defendant No.1.

Wherefore, it is humbly prayed that your honour would be kind enough to accept the said clarification of the plaintiff bank and pass an order fixing a date for peremptory hearing of the suit and/ or pass such other or further order or orders as the Court may deem fit in this case.

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

AFFIDAVIT

I, ____________________________, son of _________________________ of first Security Bank Limited, Diljusha Branch, 23, Dilkusha Commercial Area, Dhaka – 1000, aged ________ years, by occupation _____________, by faith __________, nationality Bangladeshi by birth, do hereby solemnly affirm and say as follows:

1. That I am the officer of the Plaintiff in this suit and am fully acquainted with the facts and circumstances 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___________, 2007 at _________ a.m. before the Commissioner of affidavit..

DEPONENT

The deponent is known to me and identified by me.

ADVOCATE

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