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 Honble 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)