High Court Division · Special Original Jurisdiction
Shohel Vuyea v Bangladesh Bank and others
Writ Petition 7971/2025 · Rule disposed of; stay recalled · Decided 17 May 2026
The petitioner applied under article 102 of the Constitution, and a Rule Nisi was issued calling on the respondents to show cause why an auction notice published in the daily Songbad on 27.04.2025 by respondent No. 3 under section 12(3) of the Artha Rin Adalat Ain, 2003 should not be declared to have been made without lawful authority and of no legal effect. The notice was for the sale of the petitioner's mortgaged property described in its schedule, with the auction scheduled for 18.05.2025, and an interim order of stay had been granted. At the hearing, the High Court Division accepted an affidavit-of-compliance dated 20.04.2026 filed on behalf of the petitioner. In view of the statement made at paragraph 2 of that affidavit, together with its Annexure F, the Court decided to dispose of the Rule. The judgment does not set out the content of that statement. The Rule was disposed of with no order as to costs, and the interim order of stay was recalled.
- Whether the Rule challenging an auction notice under section 12(3) of the Artha Rin Adalat Ain, 2003 should be disposed of in light of the petitioner's affidavit-of-compliance.
- The affidavit-of-compliance dated 20.04.2026 filed on behalf of the petitioner was accepted.
- In view of the statement at paragraph 2 of that affidavit and Annexure F, the Rule challenging the auction notice was disposed of, with no order as to costs.
- The interim order of stay granted in the Rule was recalled.
In view of the statement made at paragraph No. 2 together with Annexure-‘F’ to the affidavit-of-compliance, we are inclined to dispose of the Rule.
