UNITED LEATHER INTERNATIONAL Vs. ARTHA RIN ADALAT
LAWS(BANG)-2009-7-9
SUPREME COURT OF BANGLADESH
Decided on July 23,2009

United Leather International Appellant
VERSUS
Artha Rin Adalat Respondents

JUDGEMENT

SHAH ABU NAYEEM MOMINUR RAHMAN, J. - (1.) Instant leave petition under Article 103 of the Constitution is for granting leave to appeal against the judgment and order dated 01.07.2008 passed in Writ Petition No.8047 of 2005 by the High Court Division discharging the Rule.
(2.) The Writ Petition No.8047 of 2005 arises against the impugned order No.44 dated 25.10.2005 passed in Artha Rin Case No.86 of 2005 by the learned Artha Rin Adalat, Dhaka, rejecting the application filed under Sections 12(2) and 51 of the Artha Rin Adalat Ain, 2003 praying for adjustment of the outstanding loan with the sale price of the pledged goods and thereby to fix the actual claim amount in the suit.
(3.) The respondent-bank filed Title Suit No. 531 of 2003 for realization of its outstanding dues from the plaintiffs, of which the leave petitioner hereof is the plaintiff No.1 in the suit, amounting to Tk. 2,89,81,635.51/- as of 30.04.2003, through sale of the mortgaged property and that the suit is being contested and that during the recording of deposition of P.W.1 on 25.10.2005 the leave petitioner filed an application under Sections 12(2) and 57 of the Artha Rin Adalat Ain, 2003 praying for a direction upon the plaintiff-bank for sale of the pledged goods and to adjust the claim amount with the sale proceeds of the pledged goods and fix the actual claim amount and that the Artha Rin Adalat by its Order No. 44 dated 25.10.2005 rejected the application observing that examination of the witnesses are being in progress and that the provision for sale of the pledge goods before filing of the suit was not in the Artha Rin Adalat Ain, 1990 and the said provision has been provided in Artha Rin Adalat Ain, 2003 and that the suit has been filed prior to promulgation of Artha Rin Adalat, 2003 and thus there is no bar in proceeding with the suit without sale of the pledged goods and adjustment of the sale proceeds thereof with the claim amount in the suit.;


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