Industrial Development Leasing Company of Bangladesh Limited and others -versus- X Steel Limited. and others

IN THE COURT OF ADDITIONAL DISTRICT JUDGE AND BANKRUPTCY COURT AT DHAKA

BANKRUPTCY CASE NO. 05 of 2003

Industrial Development Leasing Company of Bangladesh Limited and others

Plaintiff

/Opposite party

-versus-

X Steel Limited. and others

Defendants

/Petitioners

WRITTEN OBJECTION ON BEHALF OF THE PLAINTIFF AGAINST APPLICATION FILED BY THE DEFENDANT UNDER SECTION 28 OF THE BANKRUPTCY ACT, 1997.

01. That the application for dismissal of plaint has been filed with malafide motive to delay the disposal of the suit and the same is liable to be rejected in limine.

02. That the application under Section 28 of the Bankruptcy Act, 1997 is not maintainable in its present form and the same is liable to be rejected in limine.

03. That the statements made in the application for dismissal of plaint (hereinafter referred to as the “application”), which have not been specifically admitted hereinafter shall be deemed to have been denied by the plaintiff.

04. That the statements made in paragraph No. 1 & 2 of the application are matters of record for which the plaintiff refer no comments.

05. That the statements made in paragraph No. 3 of the application are false as such are denied by the plaintiff. Paragraph 17 of the plaint stipulates that the defendants/debtors are unable to pay their debts complying section 16(a) of the Bankruptcy Act, 1997.

06. That the statements made in paragraph No. 4 of the application are admitted by the plaintiff.

07. That the statements in paragraph 5 & 6 of the application are matters relating to law and citation of judgment for which the plaintiff offer no comments.

08. That the statements made in paragraph 7 are admitted by the defendants.

09. That the statements made in paragraph 8 of the application are denied by the plaintiff. The defendant No.1 availed the Lease Finance facility in full, as such along with the defendant No. 8 and 9 are liable to pay jointly or severally. Further the claim of compensation is not maintainable as the plaint as a whole was not frivolous or vexatious.

Under the above circumstances, the learned Court may graciously be pleased to reject the application filed by the defendants under section 28 of the Bankruptcy Act 1997 and/or pass such further order or orders as the Court may deem fit and proper.

And for this act of kindness the Plaintiff/opposite party as in duty bound shall ever pray.

AFFIDAV IT

I, ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­__________________________ son of _______________________of Industrial Development Leasing Company of Bangladesh Limited, Head Office, Hadi Mansion, 2 Dilkusha Commercial Area, Dhaka, aged about ______ years, by faith ________, by nationality Bangladeshi, do hereby solemnly affirm say as follows :

1. That I am an officer of the plaintiff/opposite party financial institution and tadbirker of the plaintiff/opposite party and as such fully acquainted with the facts and circumstances of the case and competent to swear this Affidavit.

2. That the statements made above are matters of records and true to my knowledge and belief and the rest are submission before the learned Court and in witness whereof I swear this affidavit on this the ___________ day of ________________, 2003 at a.m. before the affidavit commissioner.

DEPONENT

The deponent is known to me and identified by me.

ADVOCATE

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