![]() ![]() These remedial provisions, they point out, deal with the defaulter borrowers disproportionately and irrationally. They argue that the remedial provisions have arbitrarily imposed onerous requirements for filing set-aside application and appeal by attaching a financial condition for availing the rights guaranteed under the Constitution. The civil society has challenged the Sections 19 and 41 of the Act (Remedial Provisions) on the ground that the fundamental rights of a defaulter borrower under Articles 27 and 31 of the Constitution are compromised when Section 19 of the Act is applied attaching a condition to deposit 10 per cent of the decretal amount to apply for setting aside an ex-parte decree and Section 41 is applied, requiring to deposit in cash an amount equivalent to 50 per cent of the decretal amount for filing an appeal against the order or decree passed by Artha Rin Adalat. And under Section 41, it grants a right of appeal to a party which has been aggrieved by order or decree passed by the Artha Rin Adalat. This Act under Section 19, gives right to the borrowers to redress grievances against judgment and decree, whether ex-parte or contested. Section 19 of the Act deals with the process for a loan defaulter's application to set aside an ex-parte decree and Section 41 of the Act provides special provisions relating to filing of appeal and settlement. The Artha Rin Adalat Ain 2003 is related to the loan recovery process. ![]() Article 31 ensures that no action detrimental to the life, liberty, body, reputation or property of any citizen shall be taken except in accordance with the laws of Bangladesh. This principle has been incorporated in the Article 27 of Bangladesh Constitution. Equality before the law stands for application of the same law without discrimination to all persons similarly situated. ![]()
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