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ARTHA RIN ADALAT AIN 2003 BANGLADESH PDF TO WORD CODE
ARTHA RIN ADALAT AIN 2003 BANGLADESH PDF TO WORD TRIAL

Normally on the day of framing issues the court fix a date for final or peremptory hearing and then the trial stage begins without the need for fixing a separate date for settling a date for hearing. These days, the abovementioned stages 5, 6 & 8 are not the norms. The normal steps for a civil suit that are to be followed for cases under Artha Rin Adalat Ain 2003 are:Ĥ) Return of summons and filing of written statements:ĥ) First Hearing and Court’s Examination of the Parties: If this is so, then the relevant steps for a civil case/suit under CPC are to be complied with for cases under Artha Rin Adalat Ain 2003.

ARTHA RIN ADALAT AIN 2003 BANGLADESH PDF TO WORD CODE

Procedures to be followed for filing and running cases under this statute: It must be borne in mind that as the matters covered by this statute are of civil nature, therefore, the Code of Civil Procedure (CPC) is the prime code that has to be followed regarding procedural issues. The judge of the Artha Rin Adalat is a Joint District Judge (Section 4 & 5) Relevant court: All the matters under this statute, as long as it is regarding recovery of loans by financial institutions, has to be entertained by Artha Rin Adalat of the relevant district. Neither it is possible to stay the case under Artha Rin Adalat on that ground (section 18(3) of ARAA).

Any case pending in any other court by the loan receiver being plaintiff cannot be heard analogously with the case filed by the financial institution against that loan receiver in Artha Rin Adalat and vice versa.

Neither he can counterclaim or put any claim of set off against the financial institution while filing the written statement (section 18(2) of ARAA).

The loan-receiver cannot file a case against the financial institutions under this statute.

Mortgage suit for sale or foreclosure of immovable property in pursuant to section 67 of The Transfer of Property Act 1882 and Order XXXIV of CPC has to be filed in the Artha Rin Adalat and the procedures laid down in CPC and ARAA have to followed in combination, so far as it is possible.

However, appropriation of money by the officers or employees of a financial institution can not be entertained with this act (section 18(1) of ARAA).

 International Bank for Reconstruction and Development

Loans given to the Government by the following institutions are not recoverable by the Artha Rin Adalat:.

However, if that financial provision files a case in Artha Rin Adalat for recovering loans, then the ARAA will be applicable

If there are special provisions for recovering loan by financial institutions established by special law, then the ARAA provisions will be counted as additional to those provisions.However, cases involving claims by Bangladesh Krishi Bank and Bangladesh Krishi Unnoyon Bank and other state-owned financial institutions not exceeding the amount of taka 5 lacs can be filed as certificate case using the PDRA 1913 instead of filing in Artha Rin Adalat.Irrespective of Public Demand Recovery Act (PDRA) 1913, if the loan is recoverable under ARAA then it has to be recovered using the Artha Rin Adalat no matter whether this loan is considered as ‘Public/Government Loan’.Please note that, these matters are regarded as matters of civil nature (section 11(5) of ARAA). This is apparent from the preamble of this statute given at the very beginning of this Act prior to section 1 and also from the section 5. Matters regarding recovery of loans by financial institutions are covered by this statute.Matters covered by this statute, its scope and jurisdiction of Artha Rin Adalat: The thinkers on the subject gave second thoughts to frame a new law and ultimately the legislature passed 'The Artha Rin Adalat Ain, 2003' (hereinafter Adalat) by repealing the earlier one. The law brought changes to a great extent in the administration of justice delivery system for regulating those suits but it failed to fulfil the expectation of the legislators/bankers to recover the dues expeditiously from the defaulters. To remove this difficulty, the government enacted a special piece of legislation named 'The Artha Rin Adalat Ain, 1990' which had gone under some changes by way of amendments since its inception.

The delay caused made the bank sector suffer for non-realisation of dues in time and the bankers gathered bitter experience in realising the same. The civil courts were burdened with other businesses and such suits of banks consumed time for disposing of. When due for default, is realised through money suits, suits for foreclosure, mortgage by instituting the same to competent civil courts. Star Law analysis The Artha Rin Adalat Ain/2003: A review Syed Jahed Monsur In our legal system, money lent by financial institutions/banks to individuals, private limited companies, public limited companies, corporations, partnership firms, societies, co-operatives, proprietorship firms etc.