X Support Limited -Versus- Arab Bangladesh Bank Limited

IN THE COURT OF 1st JOINT DISTRICT JUDGE, DHAKA

MISC. CASE NO. 40 OF 2004

IN THE MATTER OF:

An application for disposal of the case on the basis of compromise agreement between the petitioner and opposite party

AND

IN THE MATTER OF:

X Support Limited

Petitioner

-Versus-

Arab Bangladesh Bank Limited

Opposite Party

The joint prayer of the petitioner and the opposite party above named most respectfully

SHEWETH

1. That the opposite party Bank filed the money suit No. 35 of 2000 against the Payee as defendant No. 1 and the Collecting Bank was made Proforma Defendant No. 3 for recovery of Tk. 4,65000.00.

2. That in the aforementioned suit, inadvertently the Account Holder Customer was made as Defendant No. 2 and the suit was decreed ex-parte on 20.03.2004 against the Payee and Account Holder Customer whereupon the Account Holder Customer filed the said miscellaneous case as petitioner for setting aside the ex-parte decree.

3. That after filing the miscellaneous case the petitioner Account Holder Customer and the opposite party Bank have reached an understanding to sign a Compromise Agreement under following terms and conditions:

i) That with effect from the date of withdrawal of the miscellaneous Case No. 40 of 2004 as stated hereinafter, the “Bank” as decree holder release the “Account Holder Customer” as judgment debtor from all liabilities under the decree dated 25 March 2004 passed in money suit No. 35 of 2000 and shall file necessary application in the relevant Court to the said effect.

ii) That all allegations made by the “Bank” against the Account Holder Customer” as defendant No. 2 in the plaint of money suit No. 35 of 2000 are hereby recalled and withdrawn.

iii) That the parties hereto hereby agree that the “Decree” shall not bind by the “Account Holder Customer” but will only be executed against the “Payee” the defendant-judgment-debtor No. 1.

iv) That within thirty (30) days from the date of execution of this Compromise Agreement the “Account Holder” shall withdraw the Miscellaneous Case No. 40 of 2004 filed in the Court of Joint District Judge, 1st Court, Dhaka.

v) That from the date of execution of this Compromise Agreement and subsequent to the withdrawal of Miscellaneous Case No. 40 of 2004, none of the parties here to shall have any fiscal accusation/claim against the other party with regard to the fraudulent monetary transaction of BDT4,65,000.00 only taken place in the “Account” of the “Account Holder Customer” on 22-Feb-2000.

vi) That this Compromise Agreement shall binding upon the heirs, successors, legal representative and assigns of the parties hereto.

In the above circumstances, it is humbly prayed that the Court would graciously be pleased to decree the suit in terms of this petition of compromise against the defendants severally and/or jointly and/or pass such other order or orders as may be deemed fit and proper in this suit.

And for this, the parties above-named, as in duty bound, shall ever pray.

AFFIDAVIT

I, son of , of Uttara Bank Limited, Banglabazar Branch, 37, Banglabazar, P. S. Sutrapur, Dhaka-1100, by faith Muslim, by profession service, aged about years, by nationality Bangladeshi, do hereby solemnly affirm and say as follows: –

1. That I am an officer of the plaintiff Bank and acquainted with the facts and circumstances of the case and competent of swear this affidavit.

2. That the statements made above are true to my knowledge and matters of record and in verification whereof I signed this affidavit on this the _______ th day of _______________, 2003 before the Commissioner of affidavit.

DEPONENT

The deponent is known to me and identified by me and he has signed before the Commissioner of affidavit in my presence on ___________th day of ____________, 2003 at ____________ A.M.

ADVOCATE

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