WRIT PETITION NO. 911 OF 2016.

Transcription

1 IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION (SPECIAL ORIGINAL JURISDICTION) WRIT PETITION NO. 911 OF IN THE MATTER OF: Legend Textiles Limited and others... Petitioners. -Versus- Bangladesh Bank and others.... Respondents. Supplementary Affidavit on Behalf of the petitioner No. 2 I, Syed Mohammad Abdul Hai, son of M A Hadi, of As-Salam Tower (10 th Floor), 57, Agrabad C/A, Chittagong; permanent address: House No. 8, Block 36 C, Road- Jakir Hossain Road Bailen Road No. 6, South Khulshi Residential Area, Post Office- Khulshi, Khulshi, Chittagong City Corporation, Chittagong, aged about- 52 years, by faith Muslim, by occupation- Business, by nationality Bangladeshi having National ID No , do hereby solemnly affirm and say as follow:-

2 2 01. That I am the petitioner No. 2 and well acquainted with the facts and circumstance of the case; as such I am competent to swear the Affidavit. 02. That this supplementary affidavit has been filed to produce some relevant information and documents before this Hon ble Court which are necessary for proper adjudication and disposal of the writ petition. 03. That the loan of the petitioner with the respondent Nos. 3-4 (Gulshan Branch & Agrabad Branch of National Bank Limited) was renewed on , and the validity period was expired on Thereafter, the petitioner applied for renewal for the first time, and the respondent Nos. 3-4 allowed the same vide letter dated on condition to remove the names of the petitioners from the CIB Report of Bangladesh Bank. Photocopies of last renewal sanction advice dated and letter dated are annexed hereto and marked as Annexure- Z-1 & Z That the loan of the petitioner No. 1 company with the respondent No. 5 (Agrabad Branch of SIBL) was renewed on

3 and the same is on regular transaction. Photocopy of renewal letter dated along with bank statement is annexed hereto and marked as Annexure- Z That the loan of the petitioner No. 1 compay with the respondent No. 6 (Corporate Branch of USBL) was rescheduled on and last payment was made on Therefore, this loan is on regular transaction. Photocopy of renewal letter dated along with bank statement is annexed hereto and marked as Annexure- Z That the loan of the petitioner No. 1 with the respondent No. 7 (Reliance Finance Limited) was renewed on In default of repaying the same in time, the petitioner applied for re-schedulement. But, the respondent No. 7 without considering the request of the petitioner filed Artha Rin Mamla No. 790 of 2015 before the learned Artha Rin Adalat No. 4, Dhaka, which is now pending. Certified copy of the plaint is annexed hereto and marked as Annexure- Z-5.

4 4 07. That the loan of the petitioner No. 1 company with the respondent No. 8 (IDLC Finance Limited) was approved vide sanction advice dated , and the period of validity of said loan will be expired on The petitioner No. 1 company has already requested the respondent No. 8 to renew the loan for the first time which is now pending for decision. The petitioner No. 1 has never fallen as Defaulter as Bad Loan in this loan, and this time will be the first time renewal of said loan. Photocopies of sanction advice dated , bank statement and requesting letter dated are annexed hereto and marked as Annexure- Z-6, Z-7 & Z That it is stated that the loans of the petitioner No. 1 company with the respondent Nos. 6-7 are on regular transaction, and the proposal for re-schedulement of the loans with the respondent Nos. 4-5 and 8 are pending. The respondent Nos. 4-5 and 8 are not renewing the period of said loans due to impugned publications of the names of the petitioners in the CIB Report of Bangladesh Bank. 09. That it is pertinent to mention that the impugned publication of the names of the petitioners in the CIB Report of Bangladesh

5 5 Bank in connection with the loans of 3 (three) other firms/companies (Allied Holdings Limited, Legend Holdings and Galaxy Holdings) in which the directors of the petitioner No. 1 company have been stayed by this Hon ble Court vide Orders dated However, staying the operation of those impugned publication of the names of the petitioners in the CIB Report is not serving at the ends of justice due to the impunged publication of the names of the petitioners in connection with the instant loans with the respondent nos For that reason, it is highly necessary to stay the operation of the impugned publication of the names of the petitioners in the CIB Report, otherwise the petitioners cannot renew the aforesaid loans and cannot repay the loans in question altogether. 10. That the petitioner craves leave of the Hon ble Court to swear affidavit with photocopies of the Annexures Z 1-4 & 6-8, originals of which are remained with the office of the respondents. The parties shall be bound to produce original copies as per order of this Hon ble Court. The petitioner undertakes that the photocopies annexures are to reflection of the original copies.

6 6 11. That the statements of facts made in this petition are true to my knowledge and matters of record, which I verily believe to be true and the rests are submissions before this Hon ble Court. Prepared in my office. (Shah Monjurul Hoque) Advocate DEPONENT The deponent is known to me and identified by me. Solemnly affirmed before me by said deponent at the Supreme Court premises, Dhaka on this the...th day of.., 2016 at A.M./P.M. (Shah Monjurul Hoque) Advocate Membership # 3114 Hall Room No.2, Supreme Court Bar Association Building Mobile: COMMISSIONER OF AFFIDAVITS SUPREME COURT OF BANGLADESH HIGH COURT DIVISION, DHAKA.