Chamber Judge of the Supreme Court on Monday observed that ordinary farmers were being dragged with a rope tied around their waist for only a loan of Tk 25,000, however, nothing happens to those who are defaulted with billions of money.
Justice M Enayetur Rahim, Chamber Judge of the SC, made the observation while holding a hearing on a petition filed by the BRAC Bank, against a High Court judgement saying no bank or the financial institution (FI) can file a cheque dishonour case against any person for defaulted loans.
Following a cheque dishonour case, the High Court bench of Justice Md Ashraful Kamal on November 23 delivered the verdict also saying that a bank or financial institution can file a case in the Artha Rin Adalat only in the manner described in the Artha Rin Adalat Act, 2003 for recovery of the loans.
The HC ruled that proceedings of all the check dishonour cases filed by banks or financial institutions currently pending in the courts across the country will be stayed. It also directed the Bangladesh Bank to issue a guideline for keeping insurance coverage against all kinds of loans granted by banks and financial institutions.
The High Court also said, “The check that the bank takes against the loan is a security, not a negotiable instrument. A check dishonour case cannot be filed against the check taken as security. Taking a blank check against a loan is illegal. Banks and financial institutions have been doing this illegal activity for a long time.”
After five days after this verdict, BRAC Bank filed a petition with the Chamber Court of the SC to stay the HC verdict.
Attorney General AM Amin Uddin appeared in the court hearing on behalf of the BRAC Bank, while lawyer Abdullah Al Baki represented the loan receiver.
Regarding the blank cheque taken from the customers while giving the loan, the Chamber Judge said, “There is no trace of who signs the cheque, who draws the amount of money, who fills the columns. Even Bangladesh Bank has notified that this cheque cannot be taken. Then why are the banks not complying with the BB directions?”
Then Amin Uddin prayed to the Chamber Judge to stay the judgment of the High Court and said that suspension of the judgment of the High Court is necessary, otherwise, the loan cannot be recovered.
However, when the Chamber Judge asked to show any relevant example the BRAC bank lawyer failed to show it. Later, the Chamber Court sent the petition of BRAC Bank to the regular bench of the Appellate Division fixing the date of hearing on December 1.
The Chamber Judge then observed that ordinary farmers were being dragged with a rope tied around their waist for only a loan of Tk 25,000, however, nothing happens to those who are defaulted with billions of money.