R.M. SALT CRUSHING INDUSTRIES Vs. SONALI BANK, COXS BAZAR BRANCH
SUPREME COURT OF BANGLADESH
R.M. Salt Crushing Industries
Sonali Bank, Coxs Bazar Branch
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SHAH ABU NAYEEM MOMINUR RAHMAN J. -
(1.) This leave petition is against the judgment and order dated 20.11.2007 passed in Writ Petition No.4219 of 2005 by the High Court Division discharging the Rule.
(2.) The writ petitioner has challenged the filing and continuation of Artha Rin Suit No.73 of 2004 now pending in the Artha Rin Adalat, Cox's Bazar. The Artha Rin Suit has been filed by the respondent No.1, Sonali Bank, for realization of its outstanding loan amount of Tk.1,24,93,829.19/- being principle loan amount plus the accrued interest amount thereon contending, amongst others, that the defendant-petitioner hereof took loan for its salt business but failed to repay the same within the time or thereafter, inspite of demands made by the bank. The petitioner hereof as principal defendant contested the suit by filing written statement asserting, amongst others, that it suffered loss due to devastating cyclone of 1997 and accordingly prayed for exemption of interest and that the plaintiff bank considered the prayer favourably and allowed exemption of a portion of the accrued interest amount subject to payment of the balance amount within 5 years in 20 quarterly installments effective from 20.4.2004. But the bank without communicating aforementioned decision as to the waiver of interest and granting of repayment by installments, filed the Artha Rin Suit on 29.4.2004 and thus the action of the bank in instituting the suit is fraudulent inasmuch as the privileges allowed by the bank in waving interest and allowing payment of the balance loan outstanding amount in installments were not communicated in one hand and on the other hand prior to expiry of the date allowed for payment of the installments the suit has been filed and that while granting repayment of the outstanding loan amount in installments the bank put a condition to the effect that in case of failure to pay two successive installments, the defendant would be disentitled from the privileges allowed i.e. the waiver of interest and repayment in installments, and that the defendant filed an application in the Court below for dismissing the suit on the ground of want of cause of action and prematurity in filing the suit but without any fruitful result and faced with such situation the defendant moved the High Court Division in Writ Petition No. 4219 of 2005 praying for a declaration that the continuation of Artha Rin Suit No. 73 of 2004, pending before the Artha Rin Adalat, Cox's Bazar, is without lawful authority and of no legal effect relying on the aforesaid grounds and that the High Court Division issued a Rule thereon and that the said Rule has been discharged on contest by the impugned judgment and order dated 20.11.2007 and being aggrieved and dissatisfied there against the defendant has come up with this leave petition.
(3.) We have perused the impugned order, the writ petition as well as the leave petition and considered the submissions of the learned Advocate.;
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