OSARUNNESSA Vs. BANGLADESH

JUDGEMENT

(1.) At the instance of the petitioner Osarunnessa, this Rule Nisi was issued calling upon the respondents to show cause as to why the Order no.17 dated 25.01.2011 passed by the learned Judge, Artha Rin Adalat No.1, Dhaka in Artha Execution Case No. 195 of 2007 issuing warrant of arrest (Annexure-B in violation of Section 34 of the Artha Rin Adalat Ain, 2003 and order 21 Rule 37 and section 56 of the Code of Civil Procedure shall not be passed without lawful authority and is of no legal effect.

(2.) The background leading to the Rule, in short, is that the husband of the petitioner approached the respondent Bank for House Building Loan and on 24.12.1990 Tk. 75,000/- sanctioned for staff house building loan and on 28.10.1993 Tk. 20,0000/- for motorcycle loan. The petitioner is the guarantor of the loan. Petitioner gradually paid loan for Tk. 22,674/- but due to various reasons failed to adjust dues of the Bank. Respondent No. 3 Manager Janata Bank, Local Office, Dulkusha, Dhaka on 29.4.2003 filed a suit before the learned Artha Rin Adalat No.1, Dhaka, for recovery of money inclusive interest amounting to Tk. 14,05,888/- and the said suit was registered as Artha Rin Suit No. 423 of 2004.

(3.) The suit was decreed exparte in the year 2004 followed by Artha Execution Case No.87 of 2005. In the Execution Case property was sold in auction on 07.03.2007. The Bank then filed second Execution Case No. 195 of 2007 (Annexure-A). In that Second Execution case on 25.01.2011 the Bank filed an application praying for issuing warrant of arrest of the petitioner for realizing all dues and the Court issued warrant of arrest as prayed on 25.01.2011 (Annexure-B and B1).