National Housing Finance and Investment Limited versus Mrs. S and others

IN THE ARTHA RIN ADALAT 2nd COURT, DHAKA

ARTHA JARI CASE NO. 433 OF 2004

IN THE MATTER OF:

An application under section 33(7) read with section 57 of the Artha Rin Adalat Ain, 2003 for issuance of certificate of title in favour of the decree-holder.

AND

IN THE MATTER OF:

National Housing Finance and Investment Limited

DECREE HOLDER

-VERSUS-

Mrs. S and others

JUDGMENT DEBTORS

The decree holder Bank most respectfully-

SHEWETH:

1. That the decree holder Bank filed the above Artha Jari case on 18.11.2005 to execute the decree for realization of the decreetal amount along with interest as per terms of the decree amounting to Tk. 23,34,572.00 (Tk. twenty three lac thirt four thousand five hundred seventy) as on 31.10.2004 in this Court by sale of the mortgaged property.

2. That after completion of all procedural formalities under the relevant provisions of law the date of the case was fixed on 26.06.2005 for sale of the mortgaged property in auction.

3. That the notice of the said auction was duly published as per Artha Rin Adalat Ain, 2003 but no bidder came to participate in the auction.

4. That in the circumstances mentioned above the decree holder has no way but to prefer this petition with the prayer to obtain ownership of the mortgaged property as per provision of section 33(7) of the Artha Rin Adalat Ain 2003, otherwise the interest of the decree holder will seriously be prejudiced.

5. That as such it is required to pass an order issuing a certificate of ownership of the mortgaged property in favour of the decree holder and sending the same to the office of the respective local sub registrar to be registered as per provision of section 33(7) of the Artharin Adalat Ain 2003.

6. That this petition is filed bonafide.

Wherefore, it is most humbly prayed that this Hon’ble Court may graciously be pleased to allow this application and thereby issue a certificate of ownership of the mortgaged property in favour of the decree holder and send a copy thereof to the office of the respective local sub registrar to be registered and/or any other order or orders as the Court may deem fit and proper.

And for this act of kindness the decree holder as in duty bound shall ever pray.

AFFIDAVIT

I, _____________________, son of ________________________, Legal Counsel of National Housing Finance And Investments Limited, Corporate Head Office, National Plaza (7th Floor), 1/G, Free School Street, Sonargaon Road, P.S. Dhanmondi, Dhaka, aged about 49 years, by faith Muslim, Nationality Bangladeshi by birth, by profession Legal Counsel, do hereby solemnly affirm and declare as follows:

1. That I am the tadbidkar of the Decree Holder in this suit and am fully acquainted with the facts and circumstances of the case and competent to swear this Affidavit.

2. That the statements made above are true to the best of my knowledge and belief and the rests are submission before the Hon’ble Court on __________ at _________ a.m.

DEPONENT

The deponent is known to me and identified by me.

ADVOCATE

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