IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

        (SPECIAL ORIGINAL JURISDICTION)

WRIT PETITION NO. 7217 OF 2023.

IN THE MATTER OF :

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

And

IN THE MATTER OF :

Md. Alauddin

   .............Petitioner -VS-

Government of Bangladesh, Represented by the Secretary, Ministry of Finance, Bank and Finance Institution  Division,  Bangladesh  Secretariat, Dhaka and others 

.............Respondents

Mr. Tushar Banik, with

Ms. Sagorica Islam, Advocates

        …..For the petitioner Mr. Nawroz Md. Rasel Chowdhury, DAG with Mr. Md. Azizul Hoque,

Ms. Tahmina Polly, and

Mr. Prince-Al-Masud, AAGs.

        ....for the respondents

             Present :

Mr. Justice Zafar Ahmed

              And

Mr. Justice Sardar Md. Rashed Jahangir

Heard and Judgment on: 09.07.2024.

Zafar Ahmed, J.

In  the  instant  writ  petition,  this  Court  issued  a  Rule  Nisi  on

14.06.2023 calling upon the respondent No. 2 Bangladesh Bank to show cause as to why a direction should not be given to exercise its jurisdiction as contemplated under Sections 45 and 49(1)(Cha) of the Bank Companies Act,  1991  to  dispose  of  the  petitioner’s  application  dated  05.06.2023 (Annexure-C1) in connection with the loan liabilities of the petitioner.

At the time of issuance of the Rule Nisi, this Court passed an interim order staying operations of the auction process, scheduled to be held on 14.06.2023, according to auction notice dated 17.05.2023 published by respondent No. 7 in the ‘Daily Samokal’ for 3 (three) months from date subject to payment of Tk. 50,00,000/- within the period of 90 (ninety) days from the date and thereafter to pay a further amount of Tk. 36,00,000/- within the period of 12 (twelve) months in 12 (twelve) equal installments, failing which the Rule would be discharged with the cost of Tk. 50,000/-. Meanwhile, the respondent bank was directed to maintain status-quo in respect of possession and position of the schedule property as mentioned in the auction notice. Regarding the payment of the rest amount, the petitioner was directed to take the initiative to settle the matter with the respondent bank. This Court further directed respondent Nos. 2 and 7 to dispose of the petitioner’s application dated 05.06.203 as contained in Annexure-C1 and C to the writ petition within 60 (sixty) days from the date of receipt of a copy of this order in accordance with law and to recover the loan amount, the respondent bank is at liberty to file Artha Rin Suit against the petitioner in accordance with the law.

Today, when the matter was taken up for passing necessary order, the learned Advocate appearing for the petitioner filed a supplementary affidavit  annexing  a  certificate  dated  23.04.2024  and  submits  that  the petitioner has complied with the conditions laid down in the interim order i.e. direction upon the petitioner to pay total tk. 86,00,000/-. It appears from the said certificate dated 23.04.2024 issued by the respondent Pubali Bank that as on 31.03.2024 the petitioner had deposited tk. 86,68,485.85/-.

Since the petitioner has complied with the directions passed by this Court,  he  is  directed  to  take  initiative  to  settle  the  matter  with  the respondent Pubali Bank in respect of payment of the rest of the amount in accordance  with  law.  The  concerned  respondent  bank  is  at  liberty  to proceed with the matter in accordance with law.

With the above observations and directions, the Rule is disposed of.

Sardar Md. Rashed Jahangir, J.

I agree.

Arif, ABO