RE: LEGAL OPINION REGARDING TIME LIMIT TO FORCLOSE OF PROPERTY
We refer to your letter 31.10.2006 on the above subject. Our opinion on your queries is as follows:
Section 17 of the Artha Rin Adalat Ain, 2003 reads as follows:
Section 17 Provision for Time Limit for Disposal of Suit
(1) Suits filed under this Act has to be disposed of within 30(thirty) working days from the date of service of summons if the defendant does not appear even after service of summons, and if the defendant appears and files written statement, subject to the provisions of sub-section (2), within 90(ninety) working days from the date of filing written statement.
(2) Notwithstanding the provisions of sub-section (1), if the Court fails to dispose of the suit within the fixed time limit of 90(ninety) working days, it may, on recording appropriate reasons, extend the time limit for a further period of maximum 30(thirty) working days.
Section 10 Time limit for submitting Written Statement
(1) Subject to the provisions of sub-section (2), the Artha Rin Adalat shall not accept any written statement filed by the defendant after 40(forty) working days from the date of appearance of the defendant, and in such case, the Court shall immediately dispose of the suit ex parte.
(2) Notwithstanding the provision of sub-section (1), the Court may increase the above-mentioned time limit for a maximum period of 20(twenty) working days on condition that the defendant pays not minimum Tk. 2000.00 and maximum Tk. 5000.00 as expenses.
Section 37 of the Artha Rin Adalat Ain, 2003 reads as follows:
Section 37 Time Limit for disposal of Execution Case (Artha Jari Case which will be filed to execute the decree of the Artha Rin Suit)
(1) Subject to sub-section (2), execution case shall be disposed of within 90(ninety) working days from the date of filing of the application and in default, the Court upon recording the reasons therefore, may extend the time for a further period of maximum 60 working days.
(2) If the Court spends time under section 32 of the Act for the disposal of any claim of any third party who is not party to the suit or if the Court grants time under section 49 of the Act to judgment debtor for repayment of the decretal amount on instalment basis then the said time would be included with the time describded in sub section (1).
Please note that the Money Loan Court Act, 2003 was passed by the parliament for speedy recovery of the Bank’s dues. However, it is difficult to the Court to strictly follow the above mentioned section for the disposal of the Case and the Execution Case since the cases are in civil nature. The Money Loan Court Act does not over write the Civil Procedure Code, 1908. In such situation if the defendants/judgment debtors contest, then to disposal of the Case or Execution case may be delayed by arising miscellaneous procedural complexity. Moreover, the said time limit for disposal of the Case or Execuition Case is directory but not mandatory for the Court.
If you have any further query please do not hesitate to contact the undersigned.
For: “The Lawyers & Jurists”