Section-5 read with
Bangladesh Shilpa Bank Order, 1972 Article-33
It is now a settled law that outstanding loan money can be realized either through the special law or through the ordinary law and if financial institution like the respondent Bangladesh Shilpa Bank wants to realize its outstanding loan money through Artha Rin Adalat, then it must pay Advolerum Court fee and file a plaint for a regular suit but in the instant case the respondent has filed an application not under the normal law but under the special law i.e. under the provisions of Article 33 of P.O. 129 of 1972 and on payment of Court fee Tk. 5.00 only. The Section 33 of P.O. 129 of 1972 provides for entertainment of such application only by the District Judge, who is given the exclusive jurisdiction to deal with such application for realization of respondents due money. The Artha Rin Adalat has no jurisdiction to entertain an application under Section-33 of P.O. 129 of 1972.
Abdur Razzaque Chowdhury & Ors Vs. Subjudge & Artha Rin Adalat & Ors. 10 BLT (HCD)-266.
Payment of 50% of decreetal dues us condition for appeal.
Section-7 provides for deposit of at least 50% of the decreetal dues in the trial Court as a condition precedent for preferring an appeal. A bank guarantee is no substitute for cash deposit.
M/S Hossain Traders & Ors. Vs. IFIC Bank Ltd. 9 BLT(HCD)-220.
Section-7 provides for deposit of at least 50% of the decreetal dues in the Trial Court within 30 days of the decree as condition precedent for preferring an appeal. Instead of depositing the said money in the Court, the appellant deposited it in the current account maintained with the decree-holder Bank, Since the appellant has deposited 50% of the decreetal dues within the stipulated time, albeit in a non-traditional forum, the deposit should treated, as a valid one.
The Court is to look into the substance of the law, rather than its form.
Sk. Muslemuddin Ahmed Vs. Agrani Bank 9BLT