High Court Division · Special Original Jurisdiction
Mahfuzur Rahman Mazumder v Artha Rin Adalat No. 2, Dhaka and another
Writ Petition 12776/2023 · Rule made absolute with directions · Decided 3 September 2026
The petitioner, defendant No. 5 in Artha Rin Suit No. 340 of 2016 before the Artha Rin Adalat No. 2, Dhaka, applied to the Adalat to accept his written statement. By Order No. 59 dated 11.05.2023 the Adalat rejected the application. He challenged that order under Article 102 of the Constitution and obtained a Rule Nisi with an interim order of stay. The petitioner told the Court that the written statement was ready for submission, and the respondent bank stated by an application that it had no objection if the written statement was directed to be accepted. Considering the facts and the statements made on affidavit, the Court held that justice would best be served by directing the Adalat to accept the written statement and proceed with the suit towards expeditious disposal. It directed the petitioner to file the written statement with costs of Tk 10,000 within 60 days, failing which the Adalat could proceed without unnecessary adjournment, and made the Rule absolute.
- Whether a defendant in an Artha Rin suit whose application to have his written statement accepted was rejected should be allowed to file it, where the plaintiff bank had no objection.
- Since the petitioner's written statement was ready and the plaintiff bank had no objection to its acceptance, justice would best be served by directing the Adalat to accept it and proceed with the suit towards expeditious disposal.
- The petitioner was directed to submit his written statement in Artha Rin Suit No. 340 of 2016 with costs of Tk 10,000 within 60 days, failing which the Adalat is at liberty to proceed without allowing any unnecessary adjournment.
- The Adalat was directed to accept the written statement if filed with costs, take the suit out of the ex parte stage and proceed with it in accordance with law expeditiously.
we are of the view that justice would be best served for now, if a direction is given upon the Artah Rin Adalat No. 2, Dhaka to accept the written statement and thereby to proceed with the suit towards expeditious disposal.
