Bangladesh - Attachment of Assets
A.B.M. Badrud Doulah & A.B.M. Shamsud Doulah, Doulah & Doulah
Originally from Attachment of Assets
1. What is the general nature and effect of judicial measures available for Plaintiffs to obtain provisional relief affecting property of debtors to obtain security for judgments to be obtained (“attachments”)? Freezing property in place? Placing it in the custody of a third party, such as a Court official, sheriff or marshal?
In Bangladesh, if a Plaintiff feels that there is an extreme possibility that a debtor may get rid off his properties to frustrate any future judgment against the Plaintiff, the Plaintiff may apply to the Court for necessary remedies. If the Court is satisfied by an Affidavit or otherwise that the Defendant intends to avoid any process of Court by way of planning or about to leave the jurisdiction of Bangladesh Courts or has disposed or removed any of his properties or any part thereof from the jurisdiction, the Court may issue an order to bring the Defendant before the Court to show cause. In case of failure the Defendant would be asked to put up the security for the claim of the Plaintiff before the Court. In failure thereof the Court may order for the “Attachment before Judgment”. Generally “Attachment before Judgment” involves freezing property in place. However, the Court has the inherent power to appoint a Receiver to take possession of the property as the Court deems fit and proper.
2. What is the form of the attachment? Injunction? Other kind of judicial order? Specify.
According to the laws of Bangladesh such form of attachment of asset is termed as “Attachment before Judgment”. It is a kind of Temporary (interlocutory) Injunction which is defined as an order which requires a person to do or stop doing a particular act until the trial of the proceeding and therefore in a provisional and temporary way seeks to enforce rights. The “Attachment before Judgment” shall be made by an order prohibiting the debtor from transferring or charging the property in any way and all persons from taking any benefit from such transfer or charge. It ensures that once the mechanisms of enforcement are set in motion, there is something physically available upon which the proceeding may proceed.