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
X Steel Limited and others
IN THE MATTER OF
An application under section 110 of Bankruptcy Act 1997 for amendment of plaint on behalf of the plaintiff/petitioner.
The plaintiff/petitioner above named most humbly states as
01. That the plaintiff/petitioner has filed the above case for an order of adjudication of the defendants/opposite parties as bankrupt.
02. That the defendant/opposite parties Nos. 2,3,4,5,6,7 & 10 have appeared in the suit.
03. That inadvertently, the defendant/opposite parties Nos. 2,3,4,5,6,7 & 10 have been impleaded in this case by the plaintiff/petitioner. They are the directors of the principal debtor defendant No.1. The plaintiff/petitioner thought that the defendant/opposite parties Nos. 2,3,4,5,6,7 & 10 being the directors of the principal debtor, the defendant No.1 were the necessary parties to the present case.
04. That for proper and final adjudication of the case, it is essential to strike out the names of the defendant/opposite parties Nos. 2,3,4,5,6,7 & 10 from the cause title of the plaint by way of amendment. It is also necessary to delete the lines relating to the liability of the defendant/opposite parties Nos. 2,3,4,5,6,7 & 10 from the plaint for proper dispensation of justice
05. That thus the following amendments are required to be made:
a) from the cause title, the name and addresses of the defendant Nos. 2,3,4,5,6,7 & 10 needs to be deleted.
b) defendant Nos. 8 & 9, now be read as defendant No.2 & 3 through out the entire plaint.
c) the reference of the defendant Nos. 2,3,4,5,6,7 & 10 in paragraph No.2 & 18 of the plaint needs to be deleted.
d) In the 4th line from the bottom of paragraph 21 of the plaint the phrase “The defendants/debtors No.2-7 & 10 are liable to pay as directors” needs to be deleted.
06. That the amendments mentioned above are essential for proper and final adjudication of the suit and for complete dispensation of justice.
07. That this application has been filed bonafide.
Wherefore it is humbly prayed that Your Honour would graciously be pleased to allow the application for amendment of the plaint as proposed above and/or pass such other or further order(s) as may deem fit and proper.
AND for this act of kindness the plaintiff/petitioner as in duty bound shall ever pray.
I, __________________________________, son of _________________________, of Industrial Development Leasing Company of Bangladesh Limited, having address at Hadi Mansion (7th floor), 2, Dilkusha Commercial Area, Dhaka aged about _______ years, by faith Muslim, Nationality Bangladeshi by birth, profession service, do hereby solemnly affirm and declare as follows:
1. That I am the tadbirker of the Plaintiff/petitioner 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 July , 2003 at _________ a.m. before the Commissioner of affidavit.
|The deponent is known to me and identified by me.