CROMVEGE TANNARIES LTD. Vs. ARTHA RIN ADALAT NO.1, DHAKA
SUPREME COURT OF BANGLADESH
Cromvege Tannaries Ltd.
Artha Rin Adalat No.1, Dhaka
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MD.TAFAZZUL ISLAM,J. -
(1.) This petition for leave to appeal is directed the judgment and order dated 1.7.2008 of the High Court Division passed in Writ Petition No. 1653 of 2007 discharging the Rule obtained challenging the order dated 14.7.2005 of the Artha Rin Adalat No.1 Dhaka passed in Artha Rin Execution Case No. 141 of 2002, issuing in favour of the respondent No. 3 the decree holder, the certificate under section 33(5) of the Artha Rin Adalat Ain 2003 due to non availability of bidder in the auction sale held on 4.4.2005 for sale of the properties mortgaged by the judgment debtor petitioners as security for the loan.
(2.) The petitioners filed the above writ petition on the averments that they took loan of Tk. 1,50,000/- from Agrani Bank, the respondent No.3, and they having failed to repay the loan, the respondent No. 3 filed title Suit No.199 of 1997 in the Artha Rin Adalat No.1 Dhaka for realization of the loan with accrued interest by sale of the mortgaged properties and the petitioners, appearing in the above that suit, filed written statement but ultimately did not contest and then by judgment and decree dated 10.1.2002 the above suit was decreed ex parte and the above decree was made final on 28.4.2002 for a sum of Tk.12,83,91,013.35 as on 1.7.1997 with interest @ 20% thereon from 1.7.1997 till realisation and then on the basis of the said final decree Agrani Bank started Artha Rin Execution Case No.141 of 2002 in the same very Court wherein attempt was made for selling the mortgaged properties in auction with a view to realize the decretal amount with interest and costs but that attempt failed due to non availabilities of any bidder in the auction held on 4.5.2005 and then the executing Court by order dated 14.7.2005 illegally disposed of the above Execution Case No.1411 of 2002 under section 33(9) of Ain 2003 on the basis of the certificate issued under section 33(5) and further the above Execution Case No.141 of 2002, being not a pending suit, under section 60(3) of Ain 2003 the same can not be transferred to the Artha Rin Adalat constituted under the new Ain 2003 and as such the entire proceeding of the above execution case is also illegal.
(3.) Agrani Bank opposed the Rule and filed affidavit in opposition contending that the words [xxx xxx xxx] as provided in section 60(3) of Ain 2003 also include pending execution cases and as such the continuation of the above Execution Case No.141 of 2002 in the above Artha Rin Adalat No.1, Dhaka constituted under Ain 2003 is in accordance with law.;
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