Decided on November 01,2009

Dr. S. M. Eunus Ali Appellant
Artha Rin Adalat Respondents


MD.ABDUL MATIN,J. - (1.) This petition for leave to appeal is directed against the judgment and order dated 03.03.2009 passed by the High Court Division in Writ Petition No.7366 of 2005 discharging the Rule against the order vide order No.9 dated 14.09.2005 passed by the learned Judge of the 2nd Court of Artha Rin Adalat at Bagerhat in Artha Jari Case No. 12 of 2005 and Artha Rin Adalat (Md. Abdul Matin J) 195 whereby the warrant of arrest was issued against the judgment debtor petitioner.
(2.) The facts, in short, are that the respondent No.2 in the capacity of the plaintiff instituted Artha Rin Case No. 14 of 2003 against the defendant petitioner and defendant respondent No.3 before the respondent No.1 for realization of Tk.47,89,412/-. The defendant petitioner filed written statement denying the plaint case. The defence case is that under small industrial loan BISIC on 18.05.1994 by sanction letter No.94/04 the defendant received Tk.3,92,500/- and the defendant petitioner adjusted the loan of Tk.72,303/- but the plaintiff bank fraudulently created over draft loan (OD) of Tk. 1,65,546/- and when it was detected the plaintiffs authority was offered as loan of Tk.30,00,000/- (thirty lacs) on condition that the loan of Tk. 16,55,546/- will be adjusted and to return rest amount to the petitioner and sanction the same in favour of the defendant petitioner for which the petitioner executed collateral security of Tk.33,50,000/- in favour of the plaintiff bank. But the plaintiff did not ultimately materialize the plaintiff bank with ill motive kept petitioner's document in his custody and suppressed the facts and filed the instant suit.
(3.) The plaintiffs examined one witness as P.W.1 on 25.05.2004 and defendant also examine one witness as D.W.1 on 07.06.2004 and that the Court below fixed for judgment on 10.07.2004 and subsequently it was fixed on 25.07.2004. The defendant petitioner on 21.07.2004 filed an application under Order 26 Rule 11 of the Code of Civil Procedure for Commissioner's to examine accounts and the Court below was pleased to reject the same on 25.07.2004.;

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