High Court Division · Special Original Jurisdiction
Mohammad Anowar Hossain v Bangladesh Bank and others
Writ Petition 14859/2024 · Rule discharged as infructuous · Decided 19 May 2026
The petitioner challenged an auction notice published in The Daily Feni on 11.11.2024 for the sale of mortgaged property under section 12(3) of the Artha Rin Adalat Ain, 2003, with the auction scheduled for 02.12.2024. On 01.12.2024 the High Court Division issued a Rule Nisi calling on the respondent to show cause why the notice should not be declared to be without lawful authority and of no legal effect. Respondent No. 3 later applied for the Rule to be discharged for non-compliance with the court's order of 01.12.2024. The petitioner, by a supplementary affidavit dated 19.05.2026, informed the court that a settlement had taken place between the borrower and the bank and that the loan had been rescheduled. In view of this, the High Court Division found that the Rule had become infructuous, and it did not decide whether the auction notice was lawful. The Rule was discharged as infructuous and the order was directed to be communicated at once.
- Whether the Rule challenging the auction notice survived after the borrower and the bank settled and the loan was rescheduled.
- A Rule challenging an auction notice for the sale of mortgaged property under section 12(3) of the Artha Rin Adalat Ain, 2003 becomes infructuous once the borrower and the bank settle and the loan is rescheduled.
- The Rule was discharged as infructuous without any decision on the lawfulness of the auction notice.
- The order was directed to be communicated at once.
In view of the above, the Rule has become infructuous. In the facts and circumstances, the Rule is discharged as being infurctuous.
