Artha Rin Adalat Ain 2003 Bangladesh Pdf Reader Average ratng: 4,9/5 3380 reviews. Feb 13, 2018 Government of Bangladesh. Dhaka in Miscellaneous Case No. 49 of 2006 arising out of Artha. The Code) read with section 32 of the Artha Rin Adalat Ain, 2003. It is a special type of law and it has been enacted only to early recovery of bad loans of. ARTHA RIN ADALAT 2003 PDF - The provisions of alternative dispute resolution (ADR) is a unique feature of the Artha Rin Adalat Ain, After filing the written statement, the.

Copyright @ Ministry of Law, Justice and Parliamentary Affairs, Bangladesh. Act (1) Except in a suit under the Artha Rin Adalat Ain, (Amendment) Act, (Act No. . to be an arbitration agreement under section 9 of the Salish Ain. Artha Rin Adalat Ain Bangla 01 – Download as PDF File .pdf), Text File .txt ) or read online. This principle has been incorporated in the Article 27 of Bangladesh The Artha Rin Adalat Ain is related to the loan recovery process.

Therefore, it is evident that authority was given to Md Harunur Rashid by the Bank on and the application was filed by Md Harunur Rashid on before the Adalat for issuance of warrant of arrest against the judgment-debtors by virtue of the said authorization letter.

But within a period of one month from the date of artah of the impugned order they have filed the present revisional application and obtained the present Rule and an interim order of stay. June 15, at The petitioner is further directed to pay the outstanding amount within 18 eighteen months. October 4, at Section 27 1 —. At this stage, since, the Bank issued legal notice under both of the above laws, hence, two cases may be instituted under said distinct laws simultaneously.

Moazzam Husain J dissenting. Moreover, under section 30 of the Ain special provision has been made for publishing notice after filing of the execution case undtv rrrUun argha. Should the bank wait for 18 months to recover its money? Does the drinking driver program drug test. I will try to put important information regarding different statutes or case laws containing procedural and legal provisions and commentaries. In view of the above, there is no requirement to issue another notice before issuance of the process of arrest under artya 34 1 of the Ain of at the execution stage in the name baangladesh natural justice.

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Artha Rin Adalat Ain, – The Lawyers and Jurists

Hence, the Rule fails. Bank Loan in 200 Perspectives: Even if it has not been heard or disposed of within the stipulated time. He can, therefore, maintain his suit in an ordinary civil Court for relief. Section-5 read with Code of Civil Procedure, Order-9 rule In other words, the relevant provisions of the Code of Civil Procedure so far it relates to the procedure to make the suit ready for holding trial of Artha Rin Suit as well as for execution of decrees are applicable which are not in conflict with the Ain of Section 6 1 —.

The cross-objection filed beyond thirty days, was rightly rejected by the High Court Division as time barred— in view of Section-6 of the Bangladesn Act a defendant can only challenge the decree of the ARA by filing an appeal under Section-7 of the Act—and is liable to pay necessary court fee and observe other formalities—the petitioners arc not entitled to file any cross objection. July 11, at Government of Bangladesh case, following an Artha Rin suit, the petitioner filed a writ petition asserting that Section 41 1 2 of the Act is unreasonable, oppressive and arbitrary as it requires deposit of 50 per cent of the decretal amount at the time of preferring an appeal.

Section 28 2 —.

Plaintiff may have recourse to section of the C. In this case the court has to scrutinise the papers and dispose of the matter accordingly [19 bangladeeh of ARAA] 2 Arguments: What remedies are available for the bank now? Ershad’s JP to lead opposition in parliament again. In deciding any application the conduct of the patties need also to he considered. Sections 3, 26, 30 and 34 —.

It also appears that the Adalat rejected the applications for dismissing the execution cases on the ground that since there is no indication in the Ain, for disposal of the execution cases filed under the Ain, the Code of Civil Procedure shall be applicable relating to those execution cases. A writ is a special original jurisdiction of the High Court Ratha which can be exercised when there is no other equally efficacious remedies are available and it is initially one sided as the opposite parties can not explain its position against the allegation of the petitioner.

Suppose, the client borrowed an amount of taka 5 crore from the bank. The review application was not entertainable by the Artha Rin Adalat and as such, incompetent. We always bangkadesh your valuable opinion and on the bangladfsh we justify our action. By continuing to use this website, you agree to their use. More News Banking industry: Shahid Sarwar Abu Hossain.

Remedial provisions of Artha Rin Adalat Ain 2003

Now-a-days many decisions of the Supreme Court is delivered that needs further clarifications as it relates to the functions of the government or some financial organizations. Since there was no suit of the Financial Institutions pending before any Commercial Court after However, if there is any irregularity in the sale, then the defendant can claim damages from the financial institution [section 12 8 of ARAA].

The High Court Division in its order further stated that the client shall pay taka 50 lac with in 3 months and the rest with in 18 months and in default bank can take necessary action. Assalamu Alaikum Sir, This is my great pleasure that you wrote the note and helped us to enriched our knowledge. Now, all the ARAA says about procedures are laid down in fourth chapter within section Article 31 ensures that no action detrimental to the life, liberty, body, reputation or property of any citizen shall be taken except in accordance with the laws of Bangladesh.

Act VIII of Per Sheikh Abdul Awal, J delivering the main judgment. The claim of Taka 5,09, I and the newly constituted respondent No. Sections 5 4 and 60 3 —. However, the decree-holder-Bank shall still approach before the Adalat for issuance of warrant of arrest as per provisions of section 34 1 of the Ain, if he so likes.

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. Share if you like. Thank you so much sir.

adaoat So we are of the view that the High Court Division on applying the principle of law as applicable in the present case arrived at a correct decision which does not suffer from any illegality or infirmity so as to call for any interference.

Since the legislature has authorised the Adalat vide section 34 of the Ain of to issue warrant of arrest to detain him in civil prison as a mode of recovery of the decretal amount speedily hence it is not unjust, unfair or unreasonable, resulting to declare it ultra vires the Article 31 of the Constitution.