The Hongkong and Shanghai Banking Corporation Limited -Versus- Mr. X



The Hongkong and Shanghai Banking Corporation Limited

Anchor Tower, 1/1-B

Sonargaon Road

P. S. Tejgaon




Mr. X

S/O Mr. Y

145, Airport Road, Room No. 40

P. S. Tejgaon



House No. 47/1(5th Floor)

Ahmed Nagar, Paikpara

Section 1,

P. S. Mirpur




SUIT VALUED AT TK. _____________ ONLY


The plaintiff above named most respectfully stases


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 07.06.2003 made by the defendant, the plaintiff sanctioned a Car Loan for an amount of Tk. 5,80,000.00 (Taka five lac eighty thousand) only vide plaintiff’s Letter of Agreement No. 5-23304/270-DHA dated 12.06.2003 for a period of 04 (four) years. The said Letter of Agreement was duly accepted by the defendant.

04. 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. 16,290.00 (Taka sixteen thousand two hundred and ninety) only each commencing from 15.07.2003.

05. 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 11.06.2003, the defendant issued a cheque being No. 015305 dated 21.01.2004 for an amount of Tk. 5, 86, 412.00 (Taka five lac eighty six thousand four hundred twelve) only drawn on his account No. 005-023304-001 held with the plaintiff bank in discharge of his loan liability with the plaintiff bank. Thereupon the plaintiff presented the aforesaid cheque for encashment but the cheque was returned unpaid with remark “insufficient fund” on 22.01.2004. The plaintiff appraised the same to the defendant vide letter dated 24.01.2004 and requested the defendant to adjust the same. Despite receipt of the aforesaid letter, the defendant failed to make any headway towards adjustment of his loan liability with the plaintiff.

06. 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. 6,25,914.17.00 (Taka six lac twenty five thousand nine hundred fourteen) 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.

07. 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.

08. 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.

09. 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.

10. That the cause of action to file this suit arose on 07.06.2003 when the defendant applied for the Car Loan, on 12.06.2003 when the plaintiff sanctioned the Car Loan vide Bank’s Letter of Agreement No. 5-23304/270-DHA, on 12.06.2003 when the said Letter of Agreement was duly accepted by the defendant, on 11.06.2003 when the plaintiff repeatedly requested the defendant to make payment of the monthly installment as per the Letter of Agreement on 21.01.2004 when the defendant issued cheque drawn on his current account held with the plaintiff Bank, on 22.01.2004 when the cheque was presented for payment but dishonoured with the advice slip bearing the remark “Insufficient funds”, 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.

11. 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.

12. 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 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.)


(Principal + Interest)

(in Tk.)

Amount repaid as on ________

(in Tk.)

Outstanding amount as on __________

(in Tk.)


I, _____________ 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.

The deponent is known to me and identified by me.