High Court Division
(Special Original Jurisdiction)
Md Ashfaqul Islam J
Md Ashraful Kamal J
Sheikh Md Rafiqul Islam (Babul) ….Petitioner
Vs
Judgment
November, 20th 2013
Manager, Uttara Bank Limited and others……..Respondents
Artha Rin Adalat Ain ( VIII of 2003)
Sections 4(7) and 41
Artha Rin Adalat can only be constituted by Joint District Judge alone. If due to illness or for any other reason or the court is in vacation the Adalat cannot function with its regular work the District Judge will appoint temporarily a Joint District Judge to continue function of Artha Rin Adalat. For the purpose of functioning of Adalat to be more particular to hold the trial jurisdiction lies with the Joint District Judge. Section 41 of Ain clearly says that the District Judge and the Additional District Judge are the appellate authority to dispose of the appeal against the judgment and order passed by the Joint District .Judge in the capacity of Artha Rin Adalat Judge. . ….. (10)
Md Harunur Rashid, Advocate -For the Petitioner.
SM Moniruzzaman, DAG with Khairun Nessa and Purabi Saha, AAGs-For the Respondent No.1
Judgment
Md Ashfaqul Islam J : At the instance of the petitioner, Sheikh Md Rafiqul Islam (Babul). Managing Director of M/s Sigma Garments Industries Ltd . this Rule Nisi was issued calling upon the respondent Nos. 1-3 to show cause as to why the order No. 187/Pro: B: dated 18-11-2007 passed by the respondent No.2, District Judge Chittagong so far as it relates to constitution of the Artha Rin Adalat at Chittagong by the respondent No.3. Additional District Judge Mr Sharif Uddin Ahmed, should not be declared to have been passed without lawful authority, illegal and is of no legal effect and why the auction notice dated 5-4-2008 published in the Daily Azadi for auction sale on 23-4-2008 in Artha Jari Case No. 502 of 2004 (Annexure-D) should not be declared to have been passed without lawful authority and is of no legal effect. At the time of issuing Rule the impugned auction notice dated 5-4-2008 was stayed.
2. The background leading to the Rule. in short, is that the respondent No.1 as the plaintiff filed a Case No. 41 of 2001 for realization of Taka 2,42,81,224.86 against the borrower which was decreed on 22-9-2004 and filed Artha Jari Case No. 502 of 2004, Mr Sharif Uddin Ahmed, the respondent No.3 was holding the rank and status of the Joint District Judge till 10-11-2007 and was allocated the judicial function of Joint District Judge, First Court and Artha Rin Adalat No.1, at Chittgong.
Thereafter, Mr Sharif Uddin Ahamed got promotion as Additional District Judge and his promotion was given effect by office order No.742- Bichar-3/lT, 2/2001 dated 11-11-2007 issued under the signature of the Deputy Secretary (Administration), Judicial Section-3, Ministry of Law, Justice and Parliamentary Affairs, Government of Bangladesh (Annexure-“B”).
3. The respondent No. 3 Mr Sharif uddin Ahmed, then resumed the post of Additional District Judge and now holding the rank and status of Additional District Judge. The respondent No. 2 Mr Moinul Ahsan, the District Judge at Chittagong by his office Order No. 187/Pro: B dated 18-11-2007 distributed judicial function to 4 (four) judicial officers and the respondent No.3 Sharif Uddin Ahmed was allocated the judicial function of the Additional District Judge, First Court, Chittagong along with the additional function of Artha Rin Adalat, Accounts Division and Forms & Stationary Division with effect from 19-11-2007.
(To be continued)
(Special Original Jurisdiction)
Md Ashfaqul Islam J
Md Ashraful Kamal J
Sheikh Md Rafiqul Islam (Babul) ….Petitioner
Vs
Judgment
November, 20th 2013
Manager, Uttara Bank Limited and others……..Respondents
Artha Rin Adalat Ain ( VIII of 2003)
Sections 4(7) and 41
Artha Rin Adalat can only be constituted by Joint District Judge alone. If due to illness or for any other reason or the court is in vacation the Adalat cannot function with its regular work the District Judge will appoint temporarily a Joint District Judge to continue function of Artha Rin Adalat. For the purpose of functioning of Adalat to be more particular to hold the trial jurisdiction lies with the Joint District Judge. Section 41 of Ain clearly says that the District Judge and the Additional District Judge are the appellate authority to dispose of the appeal against the judgment and order passed by the Joint District .Judge in the capacity of Artha Rin Adalat Judge. . ….. (10)
Md Harunur Rashid, Advocate -For the Petitioner.
SM Moniruzzaman, DAG with Khairun Nessa and Purabi Saha, AAGs-For the Respondent No.1
Judgment
Md Ashfaqul Islam J : At the instance of the petitioner, Sheikh Md Rafiqul Islam (Babul). Managing Director of M/s Sigma Garments Industries Ltd . this Rule Nisi was issued calling upon the respondent Nos. 1-3 to show cause as to why the order No. 187/Pro: B: dated 18-11-2007 passed by the respondent No.2, District Judge Chittagong so far as it relates to constitution of the Artha Rin Adalat at Chittagong by the respondent No.3. Additional District Judge Mr Sharif Uddin Ahmed, should not be declared to have been passed without lawful authority, illegal and is of no legal effect and why the auction notice dated 5-4-2008 published in the Daily Azadi for auction sale on 23-4-2008 in Artha Jari Case No. 502 of 2004 (Annexure-D) should not be declared to have been passed without lawful authority and is of no legal effect. At the time of issuing Rule the impugned auction notice dated 5-4-2008 was stayed.
2. The background leading to the Rule. in short, is that the respondent No.1 as the plaintiff filed a Case No. 41 of 2001 for realization of Taka 2,42,81,224.86 against the borrower which was decreed on 22-9-2004 and filed Artha Jari Case No. 502 of 2004, Mr Sharif Uddin Ahmed, the respondent No.3 was holding the rank and status of the Joint District Judge till 10-11-2007 and was allocated the judicial function of Joint District Judge, First Court and Artha Rin Adalat No.1, at Chittgong.
Thereafter, Mr Sharif Uddin Ahamed got promotion as Additional District Judge and his promotion was given effect by office order No.742- Bichar-3/lT, 2/2001 dated 11-11-2007 issued under the signature of the Deputy Secretary (Administration), Judicial Section-3, Ministry of Law, Justice and Parliamentary Affairs, Government of Bangladesh (Annexure-“B”).
3. The respondent No. 3 Mr Sharif uddin Ahmed, then resumed the post of Additional District Judge and now holding the rank and status of Additional District Judge. The respondent No. 2 Mr Moinul Ahsan, the District Judge at Chittagong by his office Order No. 187/Pro: B dated 18-11-2007 distributed judicial function to 4 (four) judicial officers and the respondent No.3 Sharif Uddin Ahmed was allocated the judicial function of the Additional District Judge, First Court, Chittagong along with the additional function of Artha Rin Adalat, Accounts Division and Forms & Stationary Division with effect from 19-11-2007.
(To be continued)
