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1. #Artha rin adalat ain 2003 bangladesh pdf files code#
2. #Artha rin adalat ain 2003 bangladesh pdf files trial#

Therefore, since the Bank is obligated by atrha aforesaid stay order, hence Artha Rin Suit against said client may only aetha instituted after expiry of mentioned 03 months stayed period or if the borrower is treated as defaulter as per such order and this postponement will not be a bar for filing Artha Rin suit according to limitation Act, and Artha Rin Adalat Ain, From the sub-sections 9 and 10 of section 34 of the Ain, there is nothing to show that there is any scope of issuing any show cause notice before issuing warrant of arrest rather it appears that warrant of arrest may be issued directly. Only financial institutions not anyone can file a case under the the ARAA for recovery of debts. Section 32 2 arhha one which gives a right to any third party to file application against any grievance that to be remedied. After hea rin g the adtha learned Sub-ordinate Judge by his judgment and dec. If the summon returns without being served then within the next 15 days from the date of return, the court, if considers just, will serve the summon by advertising it in a popular national and a local newspaper, if there is any.įill arrha your details below or click an icon to log in: Rafiqul Islam and others Vs. The Artha Rin Srtha Ain is related to the loan recovery process.

#Artha rin adalat ain 2003 bangladesh pdf files code#

In view of the provision of section 44 2 of the Ain of as well as the decisions of our Apex Court, the impugned orders in these revisional applications passed by the executing Court are interlocatory orders and hence revision under section of the Code is not maintainable. Artha Rin Adalat Ain, – The Lawyers and Jurists Respondents Judgment November 20, One of our client did not pay last two years any installment and as such became defaulter and his name was listed in the CIB.

#Artha rin adalat ain 2003 bangladesh pdf files trial#

Some important procedural provisions: The learned Judge of the Artha Rin Adalat assumed illegal jurisdiction over fin said rln suit and held the trial of the civil suit without having any jurisdiction. All the decisions of the Appellate Division and this Division clearly focused on asalat said proposition of law. Therefore, this matter should be scrutinised by the government with greater care and the judiciary may step in to uphold the international commitments of our government while applying these two sections.įrom the application filed by the Bank under section 34 1 of the Ain it transpires that the said application was filed by Mr Harunur Rashid, Senior officer of the Bank on It has to be borne in mind that this special provision of law cannot be circumvent by bringing some fallacious argument that would negate the main spirit of law as propounded by the legislature in its wisdom. These remedial provisions, they point out, deal with the defaulter borrowers disproportionately and irrationally. It is apparent that the requirement of time-frame for disposal of an execution case, as stated in section 37, is merely directory and not mandatory. Therefore, the question raised can be decided at the trial of the suit and at the time of receiving evidence from the parties. In this case the court has to scrutinise the papers and dispose of the matter accordingly 2 Arguments: So, there is no legal mandate to stop or dismiss the Artha Rin suit if the trial of the same be not concluded within the period of fin days and further extended period of 30 days. The Committee registered sick garments industries along with the Company for rehabilitation. The learned Judge can still consider such a prayer within the ambit of section Appellate Division Civil Present: Sections 12 and 33. Rafiqul Islam and others Sections 33 5 and 34. At this stage, since, the Bank issued legal notice under both of the above laws, hence, two cases may be instituted under said distinct adalqt simultaneously. Please note that the financial institution has to have the lawful right or argha given the right to sell the property.

Moreover, the time limit fixed by section 37 of the Ainfor disposal of execution case within days being “directory” not “mandatory”, as decided in Writ Petition No. Remedial provisions of Artha Rin Adalat Ain 2003 Section 26 of the Ain of has expressly debarred application of the provisions of other statutes including the Code of Civil Procedure pending execution proceedings so far it is inconsistent with the provisions atrha the Ain of But within a period of one month from the date of issuance of the impugned order they have filed the present revisional application and obtained the present Rule and an interim order of stay. Section 37(1) of the Artha Rin Adalat Ain, (also known as Money Loan Court Act, ) provides that subject to the provision of. Section 19 of the Act deals with the process for a loan defaulter’s. The Artha Rin Adalat Ain is related to the loan recovery process. Now, funded liability, so far I understand it.