Court Reporter : As a small businessman Md Afsar Ahmed of Rex International had an account with ICB Islamic Bank Ltd., Bangshal Branch, 70 Shaheed Nazrul Islam Sarani, Dhaka and used to take small loans from time to time not exceeding Tk 15 lakh at a time. He cleared all the payments. He demanded his mortgage property to be returned but not returned. A writ petition was filed by the account holder claiming that he did not take the loan so he is not loanee, so Artharin Adalat had no jurisdiction to entertain the suit and pass the judgement and decree for the amount Tk 1,55,83,336.04 against him with interest of years. Such judgement was obtained ex-parte by suppressing notices collusively all the way. Now his mortgaged property is going to be sold for not repaying "the loan" and throw him on the street. His case is that the bank officials played a trick on him and told that bank authorities being satisfied with his performance sanctioned a fresh loan of Tk 50 lakh without asking and the same amount was credited to his account. When the client wanted to use the credit facility he was told there was no money in his account. The account holder complained to the bank authorities who held an internal enquiry into the allegation. The enquiry report clearly found that Tk 50 lakh was fraudulently deposited in the account and fraudulently taken out by the bank officials. The committee was crystal clear about the corrupt activities of the bank officials but the report was cleverly or foolishly prepared showing the amount due with interest over the years despite the finding that petitioner took no loan so no amount due as loan. There is a vicious gang of organised corrupt officials and many such cheatings were committed by the bank officials as reported in the press. He sought remedy from Bangladesh Bank by his letter dated 20.11.2008. As usual he did not get any response. The bank authority without taking action against the corrupt officials filed suit in Artharin Adalat against the victim client for realising the easy way the aforesaid amount (Tk 1,55,83,336.04) by suppressing the truth about defalcation. The bank obtained the judgement and decree ex-parte collusively suppressing the notices etc, all the way. Now notices are ready for selling his property to make victim homeless. Barrister Mainul Hosein appearing for the petitioner argued that as the petitioner is not a loanee there was no loan due from his client so the Artharin Adalat had no jurisdiction to pass the judgement and decree. He further submitted that as judgement is without jurisdiction no appeal is attracted. The Division Bench of the High Court Division comprising Justice JBM Hassan and Justice Md Khairul Alam disposed of the writ petition holding that under writ jurisdiction there is no scope for interfering with the judgement and decree of Artharin Adalat as held by Appellate Division of the Supreme Court. Barrister Mainul Hosein was assisted by Barrister Moinuddin and Advocate Akbar Hossain. The client has no choice but go to the Appellate Division for justice.
Editor: A.M. MUFAZZAL, Managing Editor: ARSHAD HOSEIN.
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