LAWS(BANG)-2002-10-2

AZIZUR RAHMAN Vs. BANGLADESH SHILPA RIN SANGSTHA

Decided On October 21, 2002
AZIZUR RAHMAN Appellant
V/S
Bangladesh Shilpa Rin Sangstha Respondents

JUDGEMENT

(1.) This Rule is directed against order No. 35 dated 28-6-1999 passed by the 2nd Artha Rin Adalat, Dhaka in Miscellaneous Case No. 36 of 1993 transferring the aforesaid case to the Court of the District Judge, Dhaka.

(2.) Short facts relevant for the purpose of the case are that opposite party Bangladesh Shilpa Rin Sangstha filed an application before the District Judge, Dhaka for realisation of its outstanding dues from the petitioner under Article 33 of Bangladesh Shilpa Rin Sangstha Order, 1972 (PO No. 178 of 1972). Eventually the case was transferred to the 2nd Commercial Court and Subordinate Judge, Dhaka for disposal. By the impugned order dated 28-6-1999 the learned Subordinate Judge and Artha Rin Adalat found that the case is triable by the District Judge and on such finding he transferred the same to the Court of the District Judge, Dhaka.

(3.) Being aggrieved by the aforesaid impugned order dated 28-6-1999, the petitioner moved this Court and obtained the present rule.