District: Rangpur

IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(CIVIL REVISIONAL JURISDICTION)

Present

Mr. Justice Sardar Md. Rashed Jahangir

Civil Revision No. 2092 of 2024

In the matter of :

Md. Abu Taleb

… Petitioner

-Versus-

Manager, Dutch Bangla Bank Limited, Rangpur Branch, Rangpur and others

…Opposite parties

Mr. Md. Bokhtiar Hossain, Advocate

…For the petitioner. Mr. Md. Touhidul Hasan, Advocate

…For the opposite parties

Heard on: 06.11.2024 and 14.11.2024 Judgment on: 12.12.2024

Rule was issued on an application under section 115(1) of the Code of Civil Procedure calling upon the opposite party No. 1 to show cause as to why the judgment and order dated 08.01.2024 passed by the Additional District Judge, Second Court, Rangpur in Artha Rin Appeal No. 02 of 2022, allowing the appeal setting aside the order dated 18.07.2022 passed by the Artha Rin Adalat, First Court, Rangpur in Artha Execution Case No. 32 of 2020, rejecting an application of review filed under section 57 of the

Artha Rin Adalat Ain, 2003 for reconsideration of the order dated 18.11.2021 passed by the same Court.

The decree holder-bank obtained a judgment and decree for an amount of Tk.11,57,875.70 against the judgment debtor- petitioner. Thereafter, the decree-holder-bank filed Artha Execution Case No. 32 of 2020 before the Artha Rin Adalat, First Court, Rangpur for realization of the decreetal amount. During pendency of the execution case, there was an amicable settlement between the decree-holder-bank and judgment-debtor. As per the settlement the judgment-debtor / decree-holder was to pay in total an amount of Tk.10,00,000/- after getting waved the bank interest and other amount. In the compromise, there was a stipulation that the judgment-debtor shall pay the entire amount of the aforesaid Tk.10,00,000/- within 31.03.2022. The judgment-debtor made payment up to 12.01.2020 in total Tk.5,00,000/-. On 07.10.2021, the judgment-debtor filed an application together with a Bank Statement before the executing Court to allow him to pay the entire outstanding amount through 12 installments, from the said bank statement it transpired that the outstanding dues was Tk.2,90,066.22. It was further contention of the judgment-debtor that while he was dealing with his business in due course on 16.03.2011 he had a road accident, as a result, he is to lead a crippled life and as such, he could not run his business properly

and failed to repay the outstanding loan. It was also stated that the judgment-debtor in total received an amount of Tk.6,00,000/- as loan.

Learned Judge of the Artha Rin Adalat, First Court, Rangpur upon hearing the said application filed by the judgment- debtor purportedly under section 49 of the Artha Rin Adalat Ain, 2003 and the decree-holder-bank on 18.11.2021 allowed the same on finding that the decree-holder-bank had no objection against the application for allowing the judgment-debtor to make payment the outstanding dues in installments and accordingly, ordered that the outstanding dues of Tk.2,90,066.22 would be paid through 12 installments within 2(two) years.

The decree-holder-bank on 20.03.2022 filed an application under section 57 of the Artha Rin Adalat Ain, 2003 sought for review of the order dated 18.11.2021, allowing the judgment- debtor to make payment the outstanding dues of Tk.2,90,066.22 by 12(twelve) installments within a period of 2(two) years. The averments of the said application was that the decree-holder-bank filed the execution case for realization of outstanding dues of Tk.15,52,176.48 from the judgment-debtor-petitioner. During pendency of the execution case, a settlement took place between the decree-holder-bank and judgment-debtor. According to the terms and conditions of the settlement, the judgment-debtor was to

pay an amount of Tk.10,00,000/- in total within 31.03.2021 after getting waiver the interest and other amount. The judgment-debto