High Court Division · Special Original Jurisdiction
Janata Bank Limited v Artha Rin Adalat, Dhaka and another
Writ Petition 10552/2024 · Rule disposed of; bid acceptance set aside · Decided 4 March 2026
Janata Bank Limited challenged, under article 102 of the Constitution, order No. 11 dated 28.03.2013 of the Artha Rin Adalat No. 1, Dhaka in Artha Jari Case No. 119 of 2012, which accepted an auction bid. On 05.11.2024 a Rule Nisi was issued asking why the acceptance of the bid at a shockingly low price should not be set aside. The auction purchaser, respondent No. 2, then applied for return of the pay orders and Bangladesh Bank challans it had deposited. It said that, as highest bidder, it had deposited the full bid money of Tk. 63,00,000 and charges and taxes of Tk. 8,50,000, but the Artha Rin Adalat could not proceed with the execution because of litigation pending before the High Court Division. The bank sought to have the Rule made absolute. After hearing both sides, the Court disposed of the Rule, set aside the bid acceptance order and related later orders, and directed the Artha Rin Adalat to return the deposits within 30 days.
- Whether the auction purchaser should get back the pay orders and challans deposited in execution proceedings that could not proceed because of pending litigation, on setting aside the bid acceptance order.
- In the facts and circumstances, justice was best served by directing the Artha Rin Adalat to return to the auction purchaser the pay orders and bank challans it had deposited.
- Order No. 11 dated 28.03.2013 in Artha Jari Case No. 119 of 2012 accepting the bid, and the related subsequent orders, were set aside.
- The Artha Rin Adalat, First Court, Dhaka was directed to return the pay orders and other deposited amounts in accordance with law within 30 days of receiving the order.
- The Rule was disposed of.
Learned Judge of the Artha Rin Adalat, First Court, Dhaka is hereby directed to return back the pay orders and other deposited amount in accordance with law within 30(thirty) days from the date of receipt of the order.
