High Court Division · Special Original Jurisdiction
Md. Mostafa Amzad Hossain v Artha Rin Adalat No. 2, Dhaka and others
Writ Petition 6241/2023 · Rule made absolute; suit remanded · Decided 27 January 2026
A financial institution sued the petitioner borrower before the Artha Rin Adalat No. 2, Dhaka, to recover Tk. 9,14,15,469 under a term loan of Tk. 15 crore sanctioned in 2015 and rescheduled on 25.10.2018. In his written statement the borrower admitted the sanction of the loan and its rescheduling, with liabilities of Tk. 8,22,13,200.92 at that date, but denied the total claim. On the plaintiff's application, the Adalat decreed the suit on 11.04.2022 under section 13(3) of the Artha Rin Adalat Ain, 2003 on the basis of admission. The borrower challenged the decree by writ petition. The High Court Division held that the written statement contained no admission, express or implied, of the final outstanding claim, and that a decree under section 13(3) cannot be passed as a whole on an admission of partial facts. The Rule was made absolute, the decree was set aside and the suit was sent back for trial on merits.
- Whether an Artha Rin Adalat may pass a decree on admission under section 13(3) of the Artha Rin Adalat Ain, 2003 where the defendant admitted the loan and its rescheduling but not the total amount claimed.
- Under section 13(3) of the Artha Rin Adalat Ain, 2003, where the defendant has admitted the plaintiff's claim in the written statement or otherwise, the Adalat may pass judgment on that admission without determining the other issues.
- For a final decree under section 13(3), the admission must be of the total liabilities and the claimed amount as on the date of the suit, and the Adalat must confine itself within the scope of the admission.
- A decree under section 13(3) cannot be passed as a whole on the basis of an admission of partial facts.
- An admission of the sanction and rescheduling of a loan, without any admission of the outstanding final claim, does not support a decree on admission.
- The decree was set aside and the Adalat was directed to frame proper issues, if not already framed, and decide the suit on merits after giving both parties an opportunity to present their cases.
The judgment and decree under section 13(3) of the Ain cannot be passed as a whole, on the basis of an admission of partial fact.
