Decided on April 08,2009

Humayun Hossain Khan Appellant
Bangladesh Respondents


SAN MOMINUR RAHMAN,J. - (1.) This leave petition arises out of the judgment and order dated 8-1-2008 passed in Writ Petition No. 6107 of 2004 by the High Court Division discharging the Rule.
(2.) The Rule arises out of an order dated 4-10-2004 passed by the Artha Rin Adalat No.3, Dhaka, in Artha Rin Suit No. 32 of 2004 rejecting the application filed by the defendant-petitioner of fixing up the liabilities of the petitioner in terms of section 47 of the Artha Rin Adalat Ain, 2003 read with section 8 (2) (a) (b) and 60 (2) & (3) of the Artha Rin Adalat Ain, 2003. The Artha Rin Suit No. 32 of 2004 has been filed by Sonali Bank, against the defendant petitioner for realisation of its outstanding dues from the defendant-petitioner. The suit was filed on 27-3-2003 claiming Taka 38, 06,058 as against the original loan of Taka 7.50 lac sanctioned on 29-4-1990.
(3.) The defendant-petitioner contested the suit asserting, amongst others, that he has in the meantime paid Taka 3.50 lac and that as per section 47 of the Artha Rin Adalat Ain, 2003. The bank is barred from filing any suit for recovery of its principal loan amount plus more than 200 percent thereon as accrued interest but in the instant case the principal loan amount was Taka 7.50 lac, out of which repayment has been made amounting to Taka 3.50 lac. This balance outstanding stands at Taka 4.00 lac. The bank in terms of said section 47 is entitled to recovery of Taka 4.00 lac plus 8.00 lac (being 200% of the balance principal loan amount) i.e. total Taka 12 lac. Therefore, the amount claimed in the suit is excessive and cannot be recovered and hence the defendant-petitioner filed an application under Order XIV, rule 2 of the Code of Civil Procedure read with sections 47 and 60(3) of the Artha Rin Adalat Ain, 2003, to ascertain the outstanding amount as per section 47 of the Artha Rin Adalat Ain, 2003 but the same was rejected on the ground that on the date of filing of the suit on 27-1-2003 the provision of section 47 was not in existence, and the said section 47 has been provided in Artha Rin Adalat Ain, 2003 promulgated on 10-3-2003, and which was given effect from 1-5-2003 and the said provision of section 47 was given effect after one year.;

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