IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(SPECIAL ORIGINAL JURISDICTION)

Present

Mr. Justice Md. Iqbal Kabir

And

Mr. Justice Md. Akhtaruzzaman

WRIT PETITION NO. 2104 OF 2024. IN THE MATTER OF:

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

-AND -

IN THE MATTER OF:

The Oriental Bank Limited (At present ICB Islamic Bank Limited).

.....Petitioner. -VS-

The Government of the People’s Republic of Bangladesh and others.

.....Respondents Mr. Khokon Pervez, Advocate

…..For the petitioner Mr. Al Faishal Shiddique, Advocate

..... For the respondent No. 3.

Heard on 15.05.2024 and Judgment on 30.07.2024.

Md. Akhtaruzzaman, J.

In this Rule Nisi, the petitioner called in question the legality of Order

No.18 dated 21.11.2023 (Annexure-E) passed by the learned Judge, Artha Rin Adalat, Khulna in Artha Decree Execution Case No. 59 of 2022 arising out of Artha Rin Suit No. 104 of 2006 rejecting the application of the decree-holder Bank raising objection to the intended auction sale being low price and also rejecting the prayer for allowing the decree-holder Bank/ petitioner to take steps under section 33(5) of the Artha Rin Adalat Ain, 2003 (as amended up to date) and thereby accepting the offer of the highest

bidder violating the provision of Section 33(2C) and 33(5) of the Artha Rin Adalat Ain, 2003.

The facts of the case as narrated in the writ petition, in brief, are that the petitioner being plaintiff instituted Artha Rin Suit No.104 of 2006 before the Artharin Adalat, Khulna for recovery of Tk. 3,35,95,429.70 (Three Crore Thirty Five Lacs Ninety Five Thousand Four Hundred Twenty Nine and Paisa Seventy) only till 18.10.2006 against the Respondent Nos.03-09 as defendants. Respondent No. 4 as defendant contested the suit by filing a written statement denying all the material facts. The suit was fixed for hearing. Both the parties adduced evidence and upon considering the evidence and materials on record, the suit was decreed on 10.02.2022 Decree was drawn up on 17.02.2022. Thereafter, the decree holder instituted Artha Decree Execution Case No.59 of 2022. In the Execution Case auction under Section 33(1) of the said Ain, 2003 was held on 22.05.2023 and one Md. Abul Hossain became the highest bidder offering Tk.11,00,00,000.00 (Eleven Crore) as price money for the scheduled mortgaged properties but the Artha Rin Adalat, Khulna did not pass any order on that day regarding acceptance of the said highest bid, rather fixed 22.08.2023 for hearing and further passing an order directing the Sub-Registrar, Sadar, Khulna for submitting Mouja rate of the scheduled properties and also passed an order to keep the pay-order amounting to Tk. 11,00,00,000 (Eleven Crore) and to give back the other two pay-orders of the other two low-bidders. Subsequently, on 22.08.2023 the decree-holder Bank filed an application praying for cancellation of the bid for auction sale dated 22.05.2023 and allowing the decree-holder Bank to take further steps. In the meantime, the

Sub-Registrar submitted the Mouja rate of the concerned locality, The learned Judge of the Executing Court upon considering the Mouza rate opined that the present market value of the disputed properties is much higher than the highest bidding price and therefore cancelled the order of auction dated 22.05.2023 and fixed 14.09.2023 for taking next steps by the decree-holder Bank. On the date fixed for hearing, the decree-holder Bank took steps under Section 33(4) of the Ain, 2003 for second auction of the scheduled mortgaged properties. The petition was allowed and the decree- holder Bank on 01.11.2023 submitted copies of the newspapers containing auction notices and the Court fixed 21.11.2023 for auction. Thereafter, on the date fixed for auction, the sealed tender box was opened and the Court found that one Md. Faysal Hossain (Respondent No.03) bec