X Haq -Versus- Arab Bangladesh Bank Limited and others

IN THE COURT OF BANKRUPTCY COURT, DHAKA

BANKRUPTCY SUIT NO. 04 OF 2007

X Haq

PLAINTIFF

-Versus-

Arab Bangladesh Bank Limited and others

DEFENDANTS

WRITTEN STATEMENT ON BEHALF OF DEFENDANTS:

That the case filed by the plaintiff is not maintainable in its present form, forum and nature.

That the plaintiff has no locus standi to file this case against the defendants and as such the case should be dismissed.

That there is no cause of action to file the case against the defendants and as such the case should be dismissed with costs.

That the case has been filed with malafide intention to make illegal gain from the defendants. Since the case has been filed with malafide motive, the case is liable to be dismissed.

That the case is barred by the principles of waiver, acquiescence and estoppel.

That the case is barred by law and law of limitation.

That the case is framed on wrong conception of law and facts.

That the case is bad for non-joinder and mis-joinder of parties.

That the case is liable to be dismissed summarily on the face of the plaint as the plaintiff filed the said case without any cause of action.

That the statements made in the case which are not specifically admitted hereinafter shall be deemed to have been denied by the defendants.

That the statements made in paragraphs 1 of the plaint are mostly matters of record. The burden of proof regarding the statements lies strictly upon the plaintiff and therefore, these defendants refrain from making any comments.

That the statements made in paragraph 2 are partly matters of record and partly denied. The burden of proving the statements lies strictly upon the plaintiffs.

That regarding the statements made in paragraph No.3 it is stated that though the plaintiff proposed to mortgage of immovable property situated at Plot No. 28, Road No. 06, Block – K, Baridhara Residential Model Town, he did not mortgage the land breaching his commitment.

That the calculations and statements made in paragraph 04 are false, fabricated and to get illegal gain from the defendants.

That the statement made in paragraph 05 regarding filing of Title Suit No. 08 of 1999 and Title Suit 07 of 1999 is true.

That the statements made in paragraph 06 are matter of record and burden of proof strictly lies upon the plaintiff.

That the statement regarding demolish of structure of land by the auction purchaser made in paragraph 07 is matter of proof burden of which strictly lies upon the plaintiff.

That the statements made in paragraph 08 are false and fabricated and made with a view to get illegal benefit under the shelter of law.

That the statement and calculation made in paragraph 09, 10 and 11 are absolutely bogus which have no legal or even logical basis. The auction were made and confirmed through the court of law.

That the statement made in paragraph 12 is partly matter of record, burden of proof is strictly lies upon the plaintiff but he cannot be declared as bankrupt since he is not a insolvent person so for knowledge of the defendants he is owner of land under Plot No. 28, Road No. 6, Block-K Baridhara, Dhaka.

That the statement made in paragraph 13 is false and fabricated hence denied by the defendants. The defendants did not receive such letters from the plaintiff. Even if he would have been sent the letters, that letters had no effect.

That the statement made in paragraph 14 and 15 are false and fabricated and have no legal basis according to the law hence denied by the defendants.

That the case is not maintainable against the defendants in any way. Therefore, the case filed by the plaintiff is liable to be dismissed.

That the actual fact is as follows:

a) The plaintiff is/was Managing Director of Meghna Garments Ltd and B.Z. Fashion Ltd. Meghna Garments Ltd and B.Z. Fashion Ltd availed loan from the defendant but failed to pay the loan along with interest according to the schedule of the sanction letters. The plaintiff mortgaged his landed properties mentioned under schedule of the plaint and executed personal guarantee securing the said loans.

b) That finding no other alternative the defendants filed Title Suit No. 08 of 1999 and Title Suit 07 of 1999 by sale of mortgaged properties which was subsequently decreed by the 3rd Artha Rin Adalat, Dhaka.

c) That subsequently the defendants filed Artha Jari Case No. 24 of 2001 and 25 of 2001 in the 3rd Artha Rin Adalat, Dhaka for execution of the decrees for recovery of the decreetal amounts.

d) That the properties mentioned under schedule ‘b’ and ‘c’ were sold in the highest bid through auction at Tk. 29,27,000.00 and the other property at Tk. 1,37,00,500.00 by the executing court complying all the due process of law. The auction purchasers have got possession of the auction properties through the help of the court long before.

e) That now to harras the defendants and to gain some illegal benefit from the defendants, the instant plaintiff have filed this case.

That since the case is not maintainable under Bankruptcy Law, 1997, the case is liable to be dismissed.

Wherefore, it is humbly prayed that your Honour would graciously be pleased to dismiss the case filed by the plaintiff with compensatory costs in favour of the defendants.

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

VERIFICATION

That the statements made above are true to my knowledge and matters of records whereof I put my signature on the _____ day of January __, 2008.

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