Mr. X-Versus- Y Bank and others

IN THE BANKRUPTCY COURT DHAKA

BANKCRUPTCY CASE NO. 01 OF 2005

Mr. X

Plaintiff/Debtor

-Versus-

Y Bank and others

Defendants/Opposite Parties

AN APPLICATION UNDER SECTION 6 OF THE BANKRUPTCY ACT, 1997 FOR AMENDMENT OF PLAINT.

The plaintiff/petitioner above named most respectfully –

SHEWETH:

01. That the plaintiff/petitioner has filed the instant suit on 02.03.2005 for an order of adjudication of the plaintiff/debtor as bankrupt.

02. That for ends of justice and for proper adjudication of the suit and for the purpose of determining the real questions in controversy between the parties, the following amendments are required to be made in the plaint.

a) Cause Title

In the Cause Title of the paragraph 3 of the plaint is required to be rephrased as follows:

“3. Z Dairy Industries Limited

25, Lolit Mohan Das Lane

Lalbagh, Dhaka”

03. That the proposed amendments will not change the nature and character of the suit.

04. 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.

AFFIDAVIT

I, Mr. X, son of Son __________________________, Suite No. 1002 (9th Floor), 27, Dilkusha Commercial Area, Dhaka, aged about ____ years, by faith _______, Nationality: Bangladeshi by birth, profession _________, do hereby solemnly affirm and declare as follows:

1. That I am the plaintiff of this suit 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 ________, 2005 at _______ p.m. before the Commissioner of Affidavits.

DEPONENT

The deponent is known to me and identified by me.

ADVOCATE