X Petitioner -Versus- Arab Bangladesh Bank Limited

IN THE 2nd ARTHA RIN ADALAT AT DHAKA

MISC. CASE NO. 16 OF 2004

(Arisen out of Title Execution Case No. 2 of 2002)

(Artha Jari Case No. 324 of 2004)

IN THE MATTER OF:

An application under Order XI, Rule 14 read with section 151 of the Code of Civil Procedure, 1908 and section 57 of the Artha Rin Adalat Ain, 2003 for production of documents

AND

IN THE MATTER OF:

X

Petitioner

-Versus-

Arab Bangladesh Bank Limited

Opposite party

The humble prayer on behalf of the opposite party above named most respectfully

SHEWETH:

1. That the petitioner has filed the instant Misc. Case against the opposite party under order 21 rule 58 of the Code of Civil Procedure for release of the mortgaged property attached in the Artha Jari Case No. 324 of 2004.

2. That today is fixed for filing written objection by the opposite party. But before filing written objection, it is necessary for ends of justice to give direction upon the petitioner for production of some deeds/documents on which the petitioner relies in support of his claim, but which is denied by the opposite party and have not been filed in the Court at the time of filing the Misc. Case.

3. That in paragraph 7 of the petition, it is stated that the petitioner never mortgaged any property in favour of the plaintiff bank as security of any credit facility availed by the Judgment debtor No. 1.

4. That in paragraph 7 & 8 of the petition it is stated that the petitioner never deposit the original deeds/documents relating to the mortgaged property along with supporting papers/documents. However, the petitioner has not filed any deeds/documents in the Court regarding the property in question.

5. That the issue as to whether the property of the petitioner was mortgaged with the opposite party as security of the facilities availed by the judgment debtor No.1. It is therefore essential for ends of justice to give direction upon the petitioner to produce the original deeds/documents relating to the property along with supporting papers/documents.

6. That this application has been filed bonafide.

Wherefore it is most humbly prayed that this Hon’ble Court may graciously be pleased to direct the petitioner to produce all original deeds/documents relating to the mortgaged properties and/or pass such other order(s) as the Hon’ble Court may deem fit and proper.

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

A F F I D A V I T

I, __________________ son of ______________ of Arab Bangladesh Bank Limited, Motijheel Branch, B. S. B. Bhaban, 8, Rajuk Avenue, 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 decree holder/ opposite party of this case 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 sign below on this the day of July, 27 th 200 at _________ a.m. before the Commissioner of affidavit.

DEPONENT

The deponent is known to me and identified by me

ADVOCATE

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