IN THE ARTHA RIN ADALAT 2nd COURT AT DHAKA
ARTHA RIN SUIT NO. OF 2004
First Security Bank Limited
Dilkusha Branch
23, Dilkhusa Commercial Area
Dhaka-1000
Plaintiff
-Versus-
1. Mrs. X
Proprietress
M/S. K Enterprise
105, Vashantek(1st Floor)
Dhaka Cantonment
Dhaka
2. Y
Son of A
289, Khatungonj
P.S._________
Chittagong
3. Mrs. Z
Wife of Y
289, Khatungonj
P.S._________
Chittagong
4. Md. Q
Son of B
289, Khatungonj
Chittagong
Defendants
SUIT FOR RECOVERY OF MONEY BY SALE OF THE MORTGAGED PROPERTIES
SUIT VALUED AT TK. ______________ (TAKA________________________ ) ONLY AS ON _______________
The plaintiff above-named most respectfully states as
FOLLOWS:
01. That the plaintiff is a banking company incorporated under the relevant Companies Act of Bangladesh. It carries on banking business within the territory of Bangladesh through its various branches including its Head Office, Dhaka situated at the address mentioned in the cause title (hereinafter referred to as the “plaintiff bank”).
02. That the defendant No. 1 is a businessperson and carries on business under the name and style of her proprietorship concern M/S. K Enterprise. The defendant No. 1 carries on business from the address given in the cause title. Defendant No. 1 was the borrower and availed loan from the plaintiff bank. The defendant No. 2 & 3 mortgaged their immovable properties mentioned in the schedule below as security of the credit facilities availed by the defendant No. 1 from the plaintiff bank. Further the defendant Nos.1, 3 and 4 furnished personal guarantee securing the repayment of the said credit facilities availed by the defendant No.1. The defendants’ addresses in the cause title are correct to the best of the Plaintiff’s knowledge.
03. That in the course of business, the defendant No. 1 opened an account being No. ____________ on 05.10.2000 with the plaintiff bank under the name and style of her proprietorship concern M/S. K Enterprise. Thereupon at the request of the defendant No.1 vide letter dated 18.09.2001, the plaintiff Bank vide Sanction Letter No. FSBL/DIL/ADV/974/2001, dated 27.10.2001, sanctioned SOD (Gen) facility of Tk. 2.50 crore only to the defendant No. 1. with a validity up to 30.08.2002 for execute of the under mentioned supply orders received by the defendant No. 1 The terms of the Sanction Letter was duly accepted by the defendant No. 1.
| Sl. No. | Supply Order No. with Employer. | Particulars | Amount | Validity |
| 01. | 215/611/Salt-2/DGDP/ASC/P-8, dated 31.07.2001 awarded by DG,DGDP, Ministry of Defence. | Supplying of 600.00 Metric Ton Salt. | Tk.65,50,000.00 | 15.05.2002 |
| Sl. No. | Supply Order No. with Employer. | Particulars | Amount | Validity |
| 02. | 215/603/Dal Masur-6/DGDP/ASC/P-8, dated 02.09.2001 awarded by DG,DGDP, Ministry of Defence. | Supplying of 500.00 Metric Ton Dal Masur. | Tk.1,59,00,000.00 | 10.05.2002 |
| 03 | 215/603/Dal Masur-7/DGDP/ASC/P-8, dated 12.09.2001 awarded by DG,DGDP, Ministry of Defence. | Supplying of 500.00 Metric Ton Dal Masur. | Tk.1,50,00,000.00 | 10.06.2002 |
04. That the said credit facility i.e. SOD (Gen) facility was secured as follows:
(i) Registered mortgage of land measuring 54 decimals situated at Chittagong fully described in the schedule below vide execution of a registered ‘Deed of mortgage’ being No. 368 dated 19.01.2003, supported by a registered ‘Irrevocable General Power of Attorney’, being No. 369 dated 19.01.2003 to sell the property. The property stands in the name of the defendant No.1.The property stands in the name of the defendant No.2.
(ii) Registered mortgage of land measuring 53 decimals situated at Chittagong fully described in the schedule below vide execution of a registered ‘Deed of mortgage’ being No. 368 dated 19.01.2001, supported by a registered ‘Irrevocable General Power of Attorney’, being No.369 dated 19.01.2003 to sell the property. The property stands in the name of the defendant No.2.
(iii) Registered mortgage of land measuring 06 decimals situated at Chittagong fully described in the schedule below vide execution of a registered ‘Deed of mortgage’ being No. 368 dated 19.01.2003, supported by a registered ‘Irrevocable General Power of Attorney’, being No. 369 dated 19.01.2003 to sell the property. The property stands in the name of the defendant No.3
(iv) Registered mortgage of land measuring 19 decimals situated at Chittagong fully described in the schedule below vide execution of a registered ‘Deed of mortgage’ being No. 368 dated 19.01.2003, supported by a registered ‘Irrevocable General Power of Attorney’, being No. 369 dated 19.01.2003 to sell the property. The property stands in the name of the defendant No. 3.
(v) Registered mortgage of land measuring 37.75 decimals situated at Chittagong fully described in the schedule below vide execution of a registered ‘Deed of mortgage’ being No. 368 dated 19.01.2003, supported by a registered ‘Irrevocable General Power of Attorney’, being No.369 dated 19.01.2003 to sell the property. The property stands in the name of the defendant No. 3.
(vi) Registered mortgage of land measuring 15.50 decimals situated at Chittagong fully described in the schedule below vide execution of a registered ‘Deed of mortgage’ being No. 368 dated 19.01.2003, supported by a registered ‘Irrevocable General Power of Attorney’, being No. 369 dated 19.01.2003 to sell the property. The property stands in the name of the defendant No. 3.
(vii) Registered mortgage of land measuring 16 decimals situated at Chittagong fully described in the schedule below vide execution of a registered ‘Deed of mortgage’ being No. 368 dated 19.01.2003, supported by a registered ‘Irrevocable General Power of Attorney’, being No. 369 dated 19.01.2003 to sell the property. The property stands in the name of the defendant No. 3.
(viii) Personal Guarantees of the defendant Nos.1, 3 and 4 by way of executing separate Personal Guarantees.
(ix) Execution of usual charge documents, including but not limited to Demand Promissory Note, Letter of Continuity etc.
05. That under the Sanction Letter dated 27.10.2001, the loan was to be repaid by deducting 80% from each running bill and the limit was to be scaled down proportionately. It was categorically stated in the Sanction Letter that full adjustment of the loan must be made within the validity i.e. 30.08.2002.
06. That the defendant No. 1 from the very beginning purposely defaulted in making payment under the terms of the sanction letter dated 27.10.2001 and continued defaulting. The validity of the aforesaid facility was expired leaving almost the entire amount unadjusted by the defendant No.1.
07. The plaintiff thereupon from time to time sent series of reminders to the defendant No.1, including the letters dated 20.08.2002, 21.04.2003, 03.08.2003, and 14.09.2003, requesting the defendant No.1 to adjust the liabilities, but the defendant No. 1 neither bothered to adjust the outstanding amount nor took any step towards adjustment of the same.
08. That having no other alternative the plaintiff bank served Last and Final Notice dated 10.01.2004 upon the defendants requesting thereby to adjust their liabilities with the plaintiff bank within 25.01.2004 failing which the defendants were warned that legal action would be initiated for recovery of the plaintiff bank’s dues. The defendants have miserably failed to adjust their outstanding liabilities with the plaintiff bank.
09. That the plaintiff bank has given the defendants ample time and opportunity to clear the outstanding liabilities, but the defendants are reluctant in this regard. It is abundantly clear that the defendants would not adjust the plaintiff bank’s dues unless compelled by law. Having no alternative the plaintiff bank has been compelled to file this suit against the defendants to realise its legitimate dues. The plaintiff bank states that the defendants are severally and jointly liable to repay the outstanding dues of the defendant No. 1 with the plaintiff bank.
10. That the plaintiff bank with a view to sell the mortgaged properties in compliance with section 12 of the Artha Rin Adalat Ain, 2003, published ‘Auction Notice’ in the ‘Daily Janokantha’ dated 10.08.2004 inviting tenders from the interested buyers for sale of the mortgaged properties; However, the plaintiff bank could not sell the Mortgaged properties due to filing Writ Petition No. _______ of 2004 in the Hon’ble High Court challenging the legality of the said auction notice. The plaintiff bank therefore could not dispose off the mortgaged properties before filing the present suit.
11. That the outstanding liabilities of the defendants with the plaintiff bank stands at Tk. ______________ (Taka _______________________) only inclusive of interest as on ____________.
12. That the cause of action of the suit arose on 05.10.2000 when the defendant No. 1 opened account with the plaintiff bank, on 18.09.2001 when the defendant No. 1 applied to the plaintiff bank for SOD (Gen) facility, on 27.10.2001 when the plaintiff bank sanctioned SOD (Gen) facility to the defendant No. 1, on the dates when the security documents were executed and registered mortgage of the scheduled property was executed by the defendant No. 2 and 3 in favour of the plaintiff bank, on 20.08.2002, 21.04.2003, 03.08.2003, and 14.09.2003 when the plaintiff bank requested the defendants to adjust their liabilities and the defendants miserably failed to adjust the said liabilities, on 10.01.2004 when final notice was issued to the defendant No. 1 requesting the defendant to adjust the outstanding liabilities, on 10.08.2004 when the plaintiff published the ‘Auction Notice’ for sale of the mortgaged properties and the said cause of action is continuing till date.
13. Thatthe suit is for realisation of a sum of Tk. ______________ (Taka __________________________) only inclusive of interest as on _________ and the said suit is within the jurisdiction of this Court. For the purpose of court fees, the plaintiff bank values the suit at the said amount and has paid ad valorem court fees on the said amount.
14. That the authorised representative of the plaintiff bank in the instant suit is __________________, __________________ of the plaintiff bank, who is well conversant with the facts of the case.
The plaintiff bank, therefore, prays for:
(a) A decree for a sum of Tk. _____________ (Taka ________________________________) only inclusive of interest as on _________ in favour of the plaintiff bank and against the defendants jointly and/or severally;
(b) A decree for interest from _________ till the date of filing the instant suit @ ____% per annum and pendente lite interest at the rate stipulated in the Artha Rin Adalat Ain, 2003 from the date of filing the suit till the date of decree and from the date of decree till realization of the decretal amount;
(c) A decree for sale of the mortgaged property described in the schedule “B” below;
(d) A personal decree against the defendant Nos. 1, 2 and 3;
(e) A decree for the entire costs of the suit;
(f) Any other relief(s) to which the plaintiff bank is entitled in law and equity.
And for this act of kindness, the plaintiff bank as in duty bound shall ever pray.
SCHEDULE “A”
(Schedule under section 8(2)(ka) of the Artha Rin Adalat Ain, 2003)
Description of Loan & Amount Outstanding
| Nature of Facilities | Limit | Total Cash Withdrawal | InterestCharged | Other Charges | Total Bills Deposited+
Deposit from defendant’s own source |
Outstanding as on __________ |
| Secured Overdraft | Tk. | Tk. | Tk. | Tk. | Tk.+
Tk. |
Tk. |
SCHEDULE “B”
(Schedule under section 8(2)(kha) Artha Rin Adalat Ain, 2003)
[Description of mortgaged property]
a) All that piece and parcel of land measuring 54 decimals situated within District: Chittagong, P.S. Sabek Panchlaish at present Bandar, S.R. office-Sadar, Mouza- Bakalia, Khatian No. R.S. 3046, 3047, Hal B.S. 1138, Plot No. R.S. 20141, 20157, 11699, 11700, 11895, 11732, 11733, 11909, P.S. 17096, 17097, 17098, Hal B.S. 3775, 3777, 3778. The property stands in the name of the defendant No.1.The property stands in the name of the defendant No.2.
b) All that piece and parcel of land measuring 53 decimals situated within District: Chittagong, P.S. Bandar, S.R. office-Sadar, Mouza- Bakalia, Khatian No. R.S. 2286, 2898, 2305, 3189, 3224, plot No. 20099,20100, 20105/20668, 20131, 20130, 20129, 11831, 11836, 11837, 11835, 20109, 20110, 20106/20670,Khatiun No. P.S. 1840/2, Plot No. P.S. 17041, 17050, 17070, 17022, 17021, 17023, 17024, 17026, 17027, 17028, 17029, 17030, Khatiun No. B.S. 266, 27, 1201, Plot No. B.S. 3138, 3139, 3110, 3116, 3122, 3111, 3112, 3113, 3114, 3115, 3117, 3118, 3119, 3120, 3121. The property stands in the name of the defendant No.1.The property stands in the name of the defendant No.2.
c) All that piece and parcel of land measuring 06 decimals situated within District: Chittagong, P.S. and S.R.Office-Patia, Mouza- Meherati, Khatiun No. R.S. 465/1, Plot No. 866/1869, 974, Khatiun No. 259, Plot No. B.S. 788. The property stands in the name of the defendant No.1.The property stands in the name of the defendant No. 3.
d) All that piece and parcel of land measuring 19 decimals situated within District: Chittagong, P.S. and S.R.Office-Patia, Mouza- Meherati, Khatian No. R.S. 177/1, 53, 463, 378 Plot No. R.S. 406, 532, 592, 505. The property stands in the name of the defendant No.1.The property stands in the name of the defendant No. 3.
e) All that piece and parcel of land measuring 37.75 decimals situated within District: Chittagong, P.S. and S.R.Office-Patia, Mouza- Meherati, Khatian No. R.S. 326, B.S. 600, Plot No. R.S. 159, 166, B.S. 396, 443. The property stands in the name of the defendant No.1.The property stands in the name of the defendant No. 3.
f) All that piece and parcel of land measuring 15.50 decimals situated within District: Chittagong, P.S. and S.R.Office-Patia, Mouza- Meherati, Khatian No. R.S. 213, 267, B.S. 65, 104, Plot No. R.S. 413, 694, B.S. 1946, 1875. The property stands in the name of the defendant No.1.The property stands in the name of the defendant No. 3.
g) All that piece and parcel of land measuring 16 decimals situated within District: Chittagong, P.S. and S.R.Office-Patia, Mouza- Meherati, Khatian No. R.S. 239, B.S. 80, Plot No. R.S. 1747, 1748, 1708, 1726, B.S. 1896, 1906, 1721, 2331, 1908. The property stands in the name of the defendant No.1.The property stands in the name of the defendant No. 3.
A F F I D A V I T
I, _______________, son of _______________, of First Security Bank Limited, 23, Dilkusha Commercial Area, Dhaka-1000, aged about ___ years, by faith Muslim, nationality Bangladeshi by birth, profession service, do hereby solemnly affirm and declare as follows:
1. That I am ______________ of the plaintiff bank 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 ______, 2004 at ____ a.m. before the Commissioner of Affidavit.
DEPONENT
The deponent is known to me and identified by me.
ADVOCATE