Artha Rin & Banking Recovery
Bank loan recovery runs in a specialised court with its own compressed procedure. We act for borrowers and guarantors defending Artha Rin suits, and for lenders enforcing security.
Bank loan cases in the Artha Rin Adalat
The Artha Rin Adalat is the court for recovery of loans by banks and financial institutions. We appear in it for both sides: defending borrowers, mortgagors and guarantors, and acting for lenders in enforcing mortgages and realising security.
For borrowers and guarantors
Defences do exist: disputes over the account and how interest was calculated, defective or unenforceable security, and procedural failures in enforcement. The Act also provides for settlement, and a negotiated restructuring is frequently a better outcome than fighting a decree that will be executed against the property anyway.
For lenders
We act on enforcement of mortgages and the sale of secured property, and on the execution stage, which is where recovery is actually realised.
What helps
- The loan and security documents, and the mortgage deed
- The statement of account and the interest calculations
- The notices and demands received from the lender
- Any restructuring or rescheduling already discussed
Where it is heard, and how long it takes
The matter is heard in the Artha Rin Adalat, with appeal as the statute provides and a deposit requirement attaching to an appeal against a decree. The procedure is faster than an ordinary civil suit by design. Execution and sale of the security follow the decree, and that is where borrowers feel the pressure.
Read the account and the security
We examine the loan documents, the security and how the account has been calculated.
Appear and protect the position
We enter appearance promptly and deal with any interim application.
Negotiate where it is right
We pursue settlement or rescheduling where the economics favour it.
Defend or enforce to the end
We conduct the case and deal with execution and sale of the security.
Read the free guides first
Most of what clients ask at a first meeting is answered step by step in our free guides. Read the ones below first; book a consultation when you want the chamber to act.
Common questions
Can I defend an Artha Rin case?
Yes. Disputes over the account and interest, defective security, and procedural failures are all real defences. Whether fighting or settling is better depends on the numbers, and we will say which.
I am only a guarantor. Am I liable?
A guarantor can be pursued, but the extent depends on the guarantee document and how the security was handled. It is worth having the documents examined rather than assuming the worst.
Can the bank sell my mortgaged property?
Enforcement of the mortgage and sale of the secured property is the route to recovery, subject to the procedure the law requires. Engaging early gives you far more room than waiting for the sale stage.
A warrant has been issued in my loan case. What should I do?
Appear through a lawyer, check that the warrant followed proper notice, and put forward a payment or settlement proposal. In an Artha Rin execution the detention is civil, not a punishment, and paying the decree ends it.
Can the case be settled with the bank?
Yes. The Artha Rin Adalat Ain 2003 provides for a settlement conference and mediation, and loans can also be rescheduled under Bangladesh Bank rules. Settling early usually saves the mortgaged property.
Deal with a bank recovery case
Defence, negotiation or enforcement, with the numbers in view. A written assessment costs nothing.
