High Court Division · Special Original Jurisdiction
Helal Hawlader v Government of Bangladesh and others
Writ Petition 17766/2025 · Rule disposed of with directions · Decided 24 August 2026
The borrower-petitioner applied under article 102 of the Constitution challenging an auction notice published in the daily Sangbad on 13.10.2025 by respondent No. 3 under section 12(3) of the Artha Rin Adalat Ain, 2003 for the sale of his mortgaged property. A Rule Nisi was issued on 03.11.2025 asking why the notice should not be declared to have been made without lawful authority. By a series of affidavits-of-compliance, the petitioner informed the Court that he had since adjusted the total outstanding liabilities and that the bank had issued a No-Liabilities certificate in his favour. Respondent No. 3 conceded this by a supplementary affidavit. The High Court Division found that the borrower had adjusted the liabilities and the bank had issued the certificate, so there was no need to proceed with the Rule, which it disposed of without costs. On the petitioner's further submission, it directed the bank to release all documents, execute the papers needed to release him from the guarantee or mortgage, and complete all other necessary formalities.
- Whether the Rule challenging an auction notice under section 12(3) of the Artha Rin Adalat Ain, 2003 needed to proceed after the borrower adjusted his outstanding liabilities.
- What direction should be given to the bank once the liabilities were adjusted and a no-liabilities certificate issued.
- Where the borrower has adjusted the outstanding liabilities and the bank has issued a no-liabilities certificate, there is no necessity to proceed with a Rule challenging an auction notice under section 12(3) of the Artha Rin Adalat Ain, 2003.
- The Rule was accordingly disposed of, with no order as to costs.
- The bank was directed to release all documents and execute the papers necessary to release the petitioner from the guarantee or mortgage, together with all other necessary formalities.
On further consideration of the submission of the petitioner, we are inclined to direct the bank to release all the documents and execute necessary papers to release him from the guarantee/mortgage and the all other necessary formalities as well.
