RAJIB TRADERS Vs. ARTHA RIN ADALAT, JESSORE

JUDGEMENT

(1.) This civil petition for leave to appeal is directed against the judgement and order dated 17.09.2014 passed by a Division Bench of the High Court Division in Writ Petition No. 4886 of 2013 discharging the Rule.

(2.) The facts, relevant for disposal of the instant civil petition for leave to appeal, are that alleging default in repayment of loan obtained by the petitioner, Agrani Bank, Bus Stand Branch, Nowapara, Jessore(respondent No. 2), filed Money Suit No. 94 of 2004 against the petitioner and two others. The petitioner accordingly contested the said suit by filing written statement. Thereafter, upon hearing the parties, the Artha Rin Adalat, Jessore, by its judgement and decree dated 20.06.2006 decreed the suit against the petitioner and others. Accordingly, the plaintiff-Bank filed Artha Execution Case No. 21 of 2006 on 07.09.2006 for realisation of Tk. 76,58,097/-. During pendency of the said execution case, the judgment-debtor-petitioner filed an application on 23.07.2012 for computing interest on the decretal amount at the rate of 8% in view of the then applicable provisions of law when the decree was passed.

(3.) After hearing the aforesaid application, and objection filed by the decree holder bank, the Adalat by its order dated 21.01.2013 rejected the application of the petitioner and computed the interest as prescribed under Section 50 of the Artha Rin Adalat Ain as amended from time to time.