National Bank Limited -Versus- M/S. X (Pvt.) Limited and Others

BEFORE THE ARTHA RIN ADALAT, 3rd COURT, DHAKA

MONEY EXECUTION CASE NO. 14 OF 2003

National Bank Limited

Decree-Holder

-Versus-

M/S. X (Pvt.) Limited and Others

Judgment Debtors

AN APPLICATION ON BEHALF OF THE DECREE HOLDER UNDER ORDER 1 RULE 10 (2) AND SECTION 143 OF THE CODE OF CIVIL PROCEDURE READ WITH SECTION 57 OF THE ARTHA RIN ADALAT AIN, 2003 FOR STRIKING OUT THE NAME OF THE JUDGMENT DEBTOR NOS. 5 & 6 FROM THE EXECTION APPLICATION.

The humble petition on behalf of the judgment debtor above named most respectfully states as follows: –

01. That the above Execution Case has been filed for execution of the decree passed in Money Suit No. 34 of 1999. It is submitted that the decree holder filed the above execution case against the judgment debtor Nos. 1-6 for realization of decreetal amount along with interest as per the terms of the decree amounting to Tk. 1,62,03,823.46.

02. That it is submitted that in the Money Suit No. 34 of 1999, the defendant No. 5 i.e. Mrs. Noor-E-Hafza and the defendant No. 6 i.e. Mrs. Ambia Khatun has impleaded as guarantor of the loan availed by the defendant No. 1 and decree has been passed against all the defendants. As such at the time of filing of the above execution Case Mrs. Noor-E-Hafza and Mrs. Ambia Khatun has included in the said execution case as judgment debtor Nos. 5 & 6.

03. That in the meantime the decree-holder Bank came to know from reliable sources that there was a reconstitution in the management of the borrower Company i.e. judgment debtor Nos. 1 and 2 of the director i.e. Mrs. Noor-E-Hafza and Mrs. Ambia Khatun have been discharged from their liability and as such the they have been inadvertently impleaded in the above suit and execution case.

04. That as per relevant provision of law and aforementioned facts and circumstances, it is apparent that the plaintiff inadvertently included Mrs. Noor-E-Hafza and Mrs. Ambia Khatun as the defendant/judgement debtor No. 5 and 6 in Money Suit No. 34 of 1999 and thereafter Money Execution Case No. 14 of 2003 also.

05. That as per relevant provisions of law there is no bar to strike the name of the defendant/judgment debtor Nos. 5 and 6 from the Money Execution Case No. 14 of 2003. If it is found that at any stage of the proceedings, the name of any party improperly joined, whether as plaintiff or defendant be struck out. So, in view of that if the name of the defendant/judgment debtor Nos. 5 and 6 not strike out from the execution proceedings the decree holder Bank will be answerable to him and will be prejudiced. As such the decree holder bank prays before the learned Court to pass an order for striking out the name of the judgment debtor Nos. 5 and 6 from the above noted execution case to avoid future legal complication.

06. That the petition has been filed bona fide.

Wherefore, it is humbly prayed that your honour would graciously be pleased to allow the prayer for striking out the name of the judgement debtor Nos. 5 and 6 from the application of execution form as inadvertently included, and/or pass such other order or further orders as the learned Court may deem fit and proper.

AND for this act of kindness the plaintiff as in duty bound shall ever pray.

AFFIDAVIT

I, ____________________________, son of _________________________, ____________ of National Bank Limited, Dilkusha Branch, 48, Dilkusha C/A, Dhaka, aged about ___ years, by occupation service, by faith __________, nationality Bangladeshi by birth, do hereby solemnly affirm and say as follows:

1. That I am the tadbidkar of the Judgment debtor in this Case and am fully acquainted with the facts and circumstances 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 9th day of January, 2006 at _______ a.m. before the Commissioner of affidavit.

DEPONENT
The deponent is known to me and

Identified by me.
ADVOCATE

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