IN THE COURT OF 2nd ARTHA RIN ADALAT AIN, DHAKA

ARTHA RIN SUIT NO: 06 OF 2015

AB Bank Limited

House No: 193

Kataban Road

Police Station: Nilkhet

District: Dhaka

…………………………..Plaintiff

- Versus-

1. Name: Abdul Halim

Proprietor of:

M/S Smart Industries

Address: 103, Mirpur, 11.

Police Station: Mirpur.

District: Dhaka

2. Md. Kamal

Address: 112, Shegun Bagicha

Police Station: Ramna

District: Dhaka

………………………………..Defendants

SUIT FOR RECOVERY OF MONEY

Suit valued at taka 3, 50, 00,000 upto 16-04-15.

The above named plaintiff most respectfully:

Sheweth:

1. The plaintiff is a banking company incorporated under the Companies Act, 1994 and is

situated at 192 Kataban Road, Police Station: Nilkhet in Dhaka and hereby will be known as the

plaintiff bank.

2. The defendant No: 1 is a company incorporated under the relevant Companies Act, 1994 and

is the proprietor of M/S Smart Industries.

3. The defendant No. 2 opened a bank account on behalf of defendant No.1 and the account No.

is CD-10030. The account was opened for the sanction of 3, 00, 00,000 taka for executing the

work order of the industry. The sanctioned money was given on 02-05-2010.

4. For the security defendant No: 1 executed the following documents:

a) Demand Promissory Note

b) Letter of Continuity

c) Letter of Hypothecation of bills.

5. Defendant No:1 failed to repay the loan after the validity period expired on 05-05-2012.

6. The plaintiff bank verbally and in written informed defendant No: 2 but it was in vain.

Defendant No: 2 showed different excuses in paying the loan.

7. On 08-09-12, 03-07-13, 05-05-14 plaint vides series of letter to defendant No: 2 but defendant

No: 2 was reluctant to pay the loan. Defendant No: 2 wanted to extend the time but after that

willfully restrained from making any payment.

8. Legal notice was served on 10-12-14 to defendant No: 2 but he did not make any payment due

to the bank.

9. The present outstanding liability of the defendant No: 1 is taka 3, 50, 00, 000 up to 16-04-

2015.

10. The cause of action arose in Dhaka on 02-05-2010 when the bank sanctioned loan and served

notice to defendant No: 2 on 10-12-14 to come forward and pay the loan.

11. The plaintiff bank has paid necessary court fees.

12. An authorized representative of plaintiff Bank, Mr. Jamal, who is aware of all facts, will

represent the suit.

Wherefore the plaintiff most humbly pray before the

honourable court:

(A) A decree for sum of taka 3, 50, 00, 000 only interest

calculated up to 16-04-2015 in favor of the plaintiff

bank and against the defendant;

(B) A decree for pendent lite interest at the rate

stipulated in the Artha Rin Adalat Ain, 2003.

(C) Costs of the suit;

(D) Any other relief entitled in law and equity.

SCHEDULE-1

Description of loan and amount outstanding

Principle loan amount Interest other Expenses Outstanding

3, 00, 00, 000 50, 00, 000 ---------- 3, 50, 00, 000

SCHEDULE-2

AFFIDAVIT

I, Mr. Jamal, son of late Kamal Mia, National Bank Ltd, Dilkusha Branch,48,Dilkusha

Commercial Area, Dhaka-1000,aged about 42 years, occupation service, by faith Muslim,

Nationality Bangladeshi, do hereby solemnly affirm and say as follows :

1. That I am an officer of the plaintiff bank and as such am fully acquainted with the facts and

circumstances of the case and competent to swear this affidavit.

2. That the statements of facts made above are true to the best of my knowledge and belief, and

the rest are verbal submissions before this Hon’ble Court and in verification whereof I signed

this Affidavit on 15-04-2015.

DEPONENT

The deponent is known to me and

identified by me and he has signed this

affidavit in my presence.

(Signature)