High Court Division · Special Original Jurisdiction
M. A. Salam Molla v Government of Bangladesh and others
Writ Petition 15255/2025 · Rule discharged for non-compliance · Decided 5 January 2026
The petitioner applied to the High Court Division under article 102 of the Constitution challenging an auction notice dated 27.08.2025, issued by respondent No. 3 under section 12(3) of the Artha Rin Adalat Ain, 2003 and published in a daily newspaper, inviting tenders for the sale of mortgaged properties. A Rule Nisi was issued on 16.09.2025. When issuing the Rule, the Court directed the petitioner to pay 10% of the total outstanding amount within two months and the remaining outstanding amount within one year in four equal instalments, and ordered that in default the Rule would stand discharged and the order of stay would stand vacated. Respondent No. 4, Social Islami Bank Limited, Demra Branch, Dhaka, sought discharge of the Rule for non-compliance. No one appeared for the petitioner. The Court found that more than three months had passed without the petitioner paying the directed amount or filing an affidavit of compliance, so the Rule stood discharged by operation of the default clause and the stay was vacated.
- Whether the Rule stood discharged where the petitioner failed to make the payments ordered as a condition when the Rule was issued.
- When issuing the Rule, the Court had directed the petitioner to pay 10% of the total outstanding amount within two months and the balance within one year in four equal instalments, failing which the Rule would stand discharged.
- The petitioner did not pay the directed amount or file an affidavit of compliance in the more than three months after the order.
- By operation of the default clause, the Rule stood discharged and the order of stay stood vacated.
- The office was directed to make the necessary noting of the discharge of the Rule Nisi.
After passing the order on 16.09.2025 more than 3(three) months time has been elapsed, but the petitioner did not pay the directed amount through installments or caused to file affidavit of compliance in pursuant to the Court’s order dated 16.09.2025.
