Legal opinion for money suit

Mr. Z

Address….

Dear Sir,

We refer to your letter vide ……………….. dated 25.11.2007 and the conversations over the phone held on17.01.2008.

We also refer the following Suits:

(1) In respect of the Title Suit no. 151/2007 filed by Mr. X against Y and others where Bank 1 is defendant No. 5, an ad-interim injunction is granted by the 5th Joint District Judge Court, Dhaka on 02.10.2007 in favour of Mr. X restraining Bank 1to sell any part of the disputed property until the Bank 1Limited filed the written objection and written statement against the ad-interim injunction vide order No. 9 dated 02.10.2007. Accordingly, on the next date of hearing on 14.11.2007, we filed the written statement and the written objection against the ad-interim injunction. The ad-interim injunction is vacated since 14.11.2007 in accordance with the order vide order No. 9 dated 02.11.2007. The plaintiff filed another petition for the extension of the ad-interim injunction on 14.11.2007. The next date on 05.02.2008 is fixed for hearing on petition filed by the plaintiff for the extension of the ad-interim injunction. It is mentioned here that since the Court was in vacation in the December, we could not get the certified copy of those above mentioned orders in time. We have got the certified copy by the time and enclosed herewith.

(2) Regarding the Artha Jari No. 123/2007 filed by the Bank 1Limited against the Eastern Garments Limited it is mentioned here that we filed a petition on 25.06.2007 regarding sticking out of the relevant schedule property and the learned judge allowed the petition. The concerned Bank officer witnessed the hearing and the Court order in the said petition. But the order was not recorded in the record of the suit in time mistakenly by the Court officer initially and subsequently the order was mistakenly recorded in that the petition was rejected on 30.09.2007. Later on, we filed another petition on 29.11.2007 to correct the court order. Upon hearing the petition, the court order is corrected vide order No. 6 dated 15.01.2008. The certified copy of the relevant order sheet is enclosed herewith.

(3) We refer the Money Suit 30/2004 filed by Eastern Garments Ltd against Bank 1Limited (defendant Nos. 1-2) in the 4th Joint District Judge, Dhaka. The Suit is now in Summons Return (S.R.) stage. The next date is fixed on 30.01.2008 for the S.R. Since the Bank 1Limited is defendant, nothing to be worried about the speedy disposal.

(4) We refer the Title Suit No. 128/2007 filed by Md. Y against Bank 1 Limited in the 5th Joint District Judge, Dhaka. The next date of Suit is fixed for the submission of the written objection on 22.01.2008 which we will do accordingly.

If you have further query please do not hesitate to contact us.

Thanking you.

Yours faithfully,

………………….

For: “The Lawyers & Jurists”

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