IN THE ARTHA RIN ADALAT ________ COURT AT DHAKA
ARTHA RIN SUIT NO. OF 2004
The Hongkong and Shanghai Banking Corporation Limited
Anchor Tower, 1/1-B
Sonargaon Road
P. S. Tejgaon
Dhaka-1205
Plaintiff
-Versus-
Mr. X
S/O Mr. Y
646, Sonargaon Enayetnagar
P.S. Fatulla
Dist. Narayangong
And
House No. 15 D
Gulshan-2
P.S. Gulshan
Dhaka.
Defendant
SUIT FOR RECOVERY OF MONEY
SUIT VALUED AT TK. _____________ ONLY
INCLUSIVE INTEREST AS ON _____________
The plaintiff above named most respectfully stases
AS FOLLOWS:
01. That the plaintiff is a Banking company incorporated with Limited liability in Hongkong under the relevant Companies Act and duly carrying on banking business in Bangladesh under the relevant laws having its Dhaka Main Office at the address given in the cause title.
02. That the defendant is a businessman by his profession and the borrower. His addresses given in the cause title are correct addresses to the best of the plaintiff bank’s knowledge .
03. That the defendant No. 1 opened a _________ account being No. _____ with the Plaintiff Bank on ____________. Thereafter pursuant to an application dated 31.01.2002 made by the defendant, the plaintiff sanctioned a Car Loan for an amount of Tk. 20,00,000.00 (Taka twenty lac) only vide plaintiff’s Letter of Agreement No. 1-73063/77-DAK dated 06.02.2002 for a period of 03 (three) years. The said Letter of Agreement was duly accepted by the defendant.
04. That against the repayment of the loan, the defendant executed a demand promissory note for Tk. 20.00 lac in favor of the plaintiff Bank.
05. That under the terms of the aforesaid Letter of Agreement, the defendant is under an obligation to repay the loan amount by monthly installment of Tk. 72,808 (Taka seventy two thousand eight hundred and eight) only each commencing from 05.03.02
06. That thereupon after payment of___________ monthly instalment in full, the defendant intentionally started defaulting by non-regularising the account of the plaintiff bank. After repeated persuasion and reminders from the plaintiff including the letter dated ___________ and ________ the defendant the defendant failed to make any headway towards adjustment of his loan liability with the plaintiff.
07. That thereafter being displeased with the reluctance of the defendants towards adjustment of their loan, the plaintiff through his lawyer served legal notice, dated 15.04.2004 upon the defendant requesting him to make payment of the erstwhile outstanding of Tk.14,68,736.72 (Taka fourteen lac sixty eight thousand seven hundred thirty six and Paisa seventy two)only within 7(seven) days of receipt of the notice. But the defendant ignoring the said notice did not come forward to adjust his long outstanding dues with the plaintiff.
08. That it is apparent from the acts of the defendant that he has been evading his long outstanding liabilities with the plaintiff in breach of his obligations under the terms and conditions of the Letter of Agreement. The plaintiff made repeated reminders and gave opportunities to the defendant to liquidate his liabilities with the plaintiff but the defendant continued to default in adjusting his liabilities. The defendant is not serious at all with regard to adjusting his outstanding liabilities with the plaintiff. The defendant has not taken any measure towards settlement of the same. It is evident from the conduct of the defendant that he has no intention to make repayment of his outstanding liabilities with the plaintiff.
09. That the plaintiff Bank submits that it cannot recover its dues amicably. The plaintiff Bank made its best endeavor to recover its legitimate dues from the defendant Bank but to no effect. The defendant never made any effort to adjust his outstanding liabilities. The plaintiff Bank being a commercial bank cannot wait for an indefinite period to recover its dues. The plaintiff Bank has exhausted all means of persuasion; so far the defendant is concerned, so that the outstanding liabilities could be adjusted amicably, but to no avail. It is evident from the conduct of the defendant that he shall not adjust the outstanding liabilities with the plaintiff Bank unless compelled by the Court of Law. As such the plaintiff Bank has no alternative but to file this suit against the defendant for recovery of the outstanding dues.
10. That the outstanding liabilities of the defendant with the plaintiff Bank is Tk. __________________ (Taka ____________________________) only as on ___________ with interests which amount the defendant is liable to pay to the plaintiff Bank.
11. That the cause of action to file this suit arose on 31.01.2002 when the defendant applied for the Car Loan, on 31.01.2002 when the defendant executed Demand Promissory Note in favour of the plaintiff on 06.02.2002 when the plaintiff sanctioned the Car Loan vide Bank’s Letter of Agreement No. 1-73063/77-DAK, on 06.02.2002 when the said Letter of Agreement was duly accepted by the defendant, on ________ when the plaintiff repeatedly requested the defendant to make payment of the monthly installment as per the Letter of Agreement on 15.04.2004 when the plaintiff through his lawyer served a Legal Notice on the defendant requesting to make payment of the outstanding liabilities, and on each and every date when the defendant continued to default in repaying their outstanding liabilities with the plaintiff bank and the said cause of action is continuing till date.
12. That the suit is for realisation of Tk. __________________ (Taka ________________________) only inclusive of interest and charges as on _____________ of a commercial bank and the said suit is within the jurisdiction of this Court. The plaintiff Bank has paid requisite advalorem court fees on the suit value.
13. That the Authorised Representative of the plaintiff bank in the instant suit is _________________, _____________, of the plaintiff bank who is well conversant with the facts of the case and shall be liable to testify on behalf of the plaintiff.
The plaintiff bank, therefore, prays for:
A) A decree for a sum of Tk. (Taka _____________) only inclusive of interest and charges as on ________ in favour of the plaintiff bank and against the defendant;
B) A decree for the pendente-lite interest at the rate stipulated in the Artha Rin Adalat Ain, 2003 from the date of filing till the date of decree and from the date of decree till realisation of the decretal amount;
C) A decree for the entire costs of the Suit;
D) Any other relief(s) to which the plaintiff bank is entitled in law and equity.
And for this act of kindness, the plaintiff bank as in duty bound shall ever pray.
SCHEDULE
{Schedule under section 8(2) Ka Artha Rin Adalat Ain 2003}
Description of Loan & amount outstanding
| Nature of Facilities | Limit
(in Tk.) |
Loan amount disbursed (in Tk.) | Interest
(in Tk.) |
Sub-total
(Principal + Interest) (in Tk.) |
Amount repaid as on ________
(in Tk.) |
Outstanding amount as on __________
(in Tk.) |
| Total |
AFFIDAVIT
I, Mr._____________ son of ____________ of The Hongkong and Shanghai Banking Corporation Limited, Dhaka Main Office: Anchor Tower, 1/1-B, Sonargaon Road Dhaka, aged about ____ years, by faith ______ Nationality Bangladeshi by birth, profession service, do hereby solemnly affirm and declare as follows:
1. That I am the officer of the Plaintiff 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___________, 2004 at _________ a.m. before the Commissioner of affidavit.
| DEPONENT | |
| The deponent is known to me and identified by me. | |
| ADVOCATE |