ABDUR RASHID Vs. ARTHA RIN ADALAT NO.1, CHITTAGONG
SUPREME COURT OF BANGLADESH
Artha Rin Adalat No.1, Chittagong
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MD.ABDUL MATIN,J. -
(1.) This petition for leave to appeal is directed against the judgment and order dated 28.01.2009 passed by the High Court Division in Writ Petition No.5765 of 2004 discharging the Rule arising out of Order No.60 dated 19.07.2004 issuing warrant of arrest against the petitioner in Money Execution Case No. 196 of 2003 passed by the Judge, Artha Rin Adalat No.1, Chittagong.
(2.) The facts, in short, are that the petitioner filed the writ petition being Writ petition No. 5765 of 2004 before the High Court Division challenging the vires of Section 34 of the Artha Rin Adalat Ain, 2003 (VIII of 2003) and Ex-parte Order No.60 dated 19.07.2004 issuing warrant of arrest against the petitioner in Money Execution Case No. 196 of 2003 passed by the learned Judge, Artha Rin Adalat No. 1, Chittagong.
(3.) The writ respondent No.2 as plaintiff filed a suit on 28.07.1993 being Money Suit No.48 of 1990 (subsequently re-numbered) against the defendant No.1 M/s. Hasan Cement Store, Nazirhat Bazar, Police Station-Fatikchari, District-Chittagong and others for realization of loan money of Tk.15,83,000/- (Taka fifteen lac eighty three thousand).;
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