PROVAT KUMAR DAS Vs. MANAGER, AGRANI BANK

JUDGEMENT

(1.) This leave petition is directed against the judgment and order dated 05.12.2007 passed in Writ Petition No. 3868 of 2004 by the High Court Division discharging the Rule.

(2.) The Rule arises out of the order dated 12.04.2004 passed by the Joint District Judge and Artha Rin Adalat, 3rd Court, Rajshahi, in Money Execution Case No.38 of 1995 arising out of Artha Rin Suit No.16 of 1992 by which the writ petitioner was ordered for civil imprisonment for a period of three months (90 days) under the provisions of Section 34 of the Artha Rin Adalat Ain, 2003. The respondent-bank filed Artha Rin Suit No. 16 of 1992 in the Artha Rin Adalat, 3rd Court, Rajshahi, for realization of Tk. 21,63,148/- which arose out of the banking loan facilities enjoyed by the defendant-loanee Nos.1-5 for import of Nilon Code Tyre and Tube by opening L.C. and that the defendant No.6 stood as guarantor and secured the loan. The writ petitioner was the defendant No.3 in the suit. The suit was decreed ex parte in due course and the respondent bank filed Money Execution Case No. 38 of 1995, which was renumbered as Money Execution Case No. 41 of 2004, for satisfaction of the decree, if required by sale of the scheduled property through auction. The decree holder bank, having taken step for auction sale of the property and there being no response, prayed for civil imprisonment of the judgment-debtor by filing an application under Section 34 of the Artha Rin Adalat Ain, 2003 and the executing court by its order dated 12.04.2004 allowed the prayer and ordered for civil imprisonment of the judgment debtors for three months, the period to be counted from the date of arrest.

(3.) Being aggrieved there-against the plaintiff moved the High Court Division in its writ jurisdiction, whereupon a Rule was issued. The High Court Division on hearing the contesting parties discharged the Rule with cost of Tk. 2,000/- observing, amongst others:-