IN THE SUPREME COURT OF BANGLADESH       HIGH COURT DIVISION

(SPECIAL ORIGINAL JURISDICTION)

Writ Petition No. 14676 of 2023

In the matter of:

An application under article 102 of the Constitution of the People’s Republic of Bangladesh.

        AND

In the matter of:

Md. Mamun Ahmed

... Petitioner -Versus-

Government of Bangladesh and others 

... Respondents

Mr. Md. Bokhtiar Hossain, Advocate

 ... For the petitioner

Mr. Khan Mohammad Shameem Aziz, Senior Adv. With Mr. Mostafa Mosharraf Hossain, Advocate

   ... For the respondent No. 3

Heard and Judgment on: 25.05.2025

 Present:

Justice Sardar Md. Rashed Jahangir                 and

Justice Kazi Waliul Islam

Sardar Md. Rashed Jahangir, J:

The Rule Nisi was issued on an application under article 102 of the Constitution of the People’s Republic of Bangladesh calling upon the  respondents  to  show  cause  as  to  why  the  Order  No.  17  dated 15.10.2023 passed by the learned Judge, Artha Rin Adalat, Court No. 04, Dhaka (respondent No.02) in Artha Jari Case No. 379 of 2021 rejecting  the  petitioner's  application  under  section  49(1)  read  with section  57  of  Artha  Rin  Adalat  Ain,  2003  sought  for  paying  the remaining/rest decreetal amount in four equal installments within one year  and  thereby  awarding  an  order  of  civil  imprisonment  of  the petitioner for a period of 06(six) months should not be declared to have

been passed without lawful authority and to be of no legal effect and/or pass such other or further order or orders as to this Court may seem fit and proper.

At the time of issuance of the Rule, this Court was pleased to stay operation of the order No. 17 dated 15.10.2023 passed by the Judge, Arthar Rin Adalat No. 4, Dhaka in Artha Jari Case No. 379 of 2021 subject to payment Tk.2,00,000/- (two lac) within 3(three) months and the rest outstanding dues is to be paid within next 9(nine) months. The petitioner by submitting an affidavit-of-compliance to this Court apprising  that  the  petitioner  has  paid  the  total  outstanding  dues  of respondent No. 3-bank within the directed period and thus, learned Advocate for the petitioner sought for a direction upon the respondent- bank to exonerate him from the loan liabilities.

On  the  other  hand,  Mr.  Khan  Mohammad  Shameem  Aziz, learned Senior Advocate appearing with Mr. Mostafa Mosharraf Hossain, learned Advocate submits that in the meantime an amicable settlement took place between the judgment-debtor-borrower and respondent-bank and as per the settled term the borrower has paid the total amount and as such, now it is necessary to make the formalities to settle the loan matter  finally,  thus,  he  also  prays  for  disposal  of  the  Rule  with  a direction upon the parties to take initiative for the necessary formalities.

Heard learned Advocates of both the parties, perused the writ petition along with affidavit-of-compliance dated 22.05.2025.

In the premise above, it transpires to this Court that the borrower has already made payment towards fulfillment of the loan liabilities and thus,  the  Artha  Jari  Case  No.  379  of  2021  is  in  fact  has  become infructuous and since some necessary steps is required to be taken to dispose  of  the  Artha  Jari  Case  formally,  thus,  both  the  parties  are directed to take joint steps to dispose of the Artha Jari Case No. 379 of 2021 now pending before the Artha Rin Adalat No. 4, Dhaka.

With  the  aforesaid  observation  and  direction,  the  Rule  is disposed of.

Communicate the judgment and order at once. Kazi Waliul Islam, J:

I agree.

Obaidul Hasan/B.O.