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13/07/2024
Laws of Bangladesh

The Bangladesh House Building Finance Corporation Order, 1973 (President's Order).

( PRESIDENT'S ORDER NO. 7 OF 1973 )

27. (1) Where by reason of the breach of any agreement by the borrower the Corporation becomes entitled to require the immediate payment of the amount due by the borrower to the Corporation, any officer of the Corporation authorised generally or specially by the Board in this behalf may apply to the District Judge within the local limits of whose jurisdiction the borrower's house is situated for any one or more of the following reliefs, namely:-

 
 
 
 

(a) an order for the sale of any property or properties pledged, mortgaged, hypothecated or assigned to the Corporation as security for the sums due by the borrower;

 
 
 
 

(b) for an injunction restraining the borrower or his surety from in any manner removing, transferring or disposing of any of the properties referred to in sub-clause (a);

 
 
 
 

(c) for an ad-interim attachment attaching the properties referred to in sub-clause (a) above and such other properties of the borrower or his surety as in the opinion of the District Judge were sufficient to cover the claim of the Corporation against the borrower including costs and interest.

 
 
 
 

(2) An application under clause (1) shall state the nature and extent of the liability of the borrower and his surety to the Corporation, the grounds on which it is made and such other particulars as may be prescribed.

 
 
 
 

(3) The District Judge may if he thinks fit hear the applicant and where the reliefs mentioned in sub-clauses (b) and (c) of clause (1) are prayed for in the application shall pass ad-interim orders granting such reliefs as in the opinion of the District Judge are sufficient to safeguard the full claim of the Corporation against the borrower.

 
 
 
 

(4) At the time of passing his orders under clause (3) the District Judge shall order notice of the application to issue to the borrower and his surety together with copies of the applications, the order passed by the District Judge under clause (3), and any evidence which may have been recorded at the time of the order under clause (3), calling upon the borrower and his surety to show cause on a date to be specified in the notice, why the interim orders passed should not be confirmed and the reliefs sought in the application be granted.

 
 

(5) If no cause is shown on or before the date specified in the notice under clause (4), the District Judge shall dispose of the application.

 
 
 
 

(6) If the borrower and his surety appear and show cause, the District Judge shall grant them and the Corporation reasonable opportunity to produce their evidence relating to the reliefs claimed in the application, and after considering such evidence and hearing the parties, the District Judge shall pass his orders disposing of the application.

 
 
 
 

(7) When passing his order under clause (5) or clause (6), the District Judge shall-

 
 
 
 

(a) record his finding as to the amount due by the borrower to the Corporation, and the interest payable thereon;

 
 
 
 

(b) direct or refuse to direct the sale of the properties attached;

 
 
 
 

(c) confirm, discharge or vary any ad-interim orders passed restraining the borrower and his surety or attaching their properties; and

 
 
 
 

(d) pass any other incidental orders.

 
 
 
 

(8) No order passed by the District Judge ordering the release of any property of the borrower or his surety from attachment shall be given effect to until after the expiry of 30 days from the date of that order except with the written consent of the Corporation, or where an appeal has been preferred to the High Court Division, under the orders of the High Court Division.

 
 
 
 

(9) An order under this Article for the 1[attachment or sale] of property shall be carried into effect as far as may be in the manner provided in the Code of Civil Procedure, 1908, for the 2[attachment or sale] of property in execution of a decree as if the Corporation were the decree-holder.

 
 

(10) Any party aggrieved by an order under clause (5) or clause (6) may within thirty days from the date of the order appeal to the High Court Division, and upon such appeal the High Court Division may after hearing the parties pass such orders as it thinks proper.

 

3[Explanation.- For the purpose of this Article, “District Judge” includes Additional District Judge. ]


  • 1
    The words “attachment or sale” were substituted for the words “attachment of sale” by section 9 of the Bangladesh House Building Finance Corporation (Amendment) Act, 1975 (Act No. XXVII of 1975)
  • 2
    The words “attachment or sale” were substituted for the words “attachment of sale” by section 9 of the Bangladesh House Building Finance Corporation (Amendment) Act, 1975 (Act No. XXVII of 1975)
  • 3
    Explanation was inserted by section 22 of Bangladesh House Building Finance Corporation (Amendment) Act, 2021 (Act No. XXV of 2021).
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