SONALI BANK Vs. ABDUL MANNAN

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment of the High Court Division in Writ Petition No. 397 of 1978, directing the appellant Sonali Bank to pay the respondent a sum of Tk. 46,500/00 within one month from the receipt of the order.

(2.) Facts are simple. Respondent had deposited demonetised currency notes in pursuance of MLR No. 81 declaring Pakistani currency notes, of 500/00 and 100/00 rupee denominations as demonetised notes. The respondent surrendered 80,000/00 rupee demonetised notes to the Feni Branch of the then National Bank of Pakistan. As per the Regulation the equivalent of 9000/00 rupee demonetised notes were exchanged for the legal tender and for the balance he applied to the Area Committee for release of the same. The said Committee finally passed an order on 11.12.71 forfeiting 25,000/00 rupees and releasing the amount 46.500/-. After the emergence of Bangladesh Sonali Bank came into existence as successor of National Bank of Pakistan. The respondent approached the Sonali Bank for the release of the amount and the Bank by its letter dated 6.8.77 informed him that the amount will be paid once it is cleared by Head Office. Thereafter, numerous reminders were given and the respondent was informed that the Government had decided not to pay the equivalent of the demonetized notes and hence the amount cannot be paid. Respondent challenged this decision by filing a writ petition in the High Court Division. The High Court Division noticed the correspondence that took place between the appellant and the respondent and was satisfied that the delay in filing the writ petition was solely due to the indecision on the part of the authorities of the Sonali Bank. The High Court Division repelled the contention of the appellant Bank by holding that the Circular No. DCM/53-75 dated 29th November 1975, had any bearing in the facts and circumstances of the case. The Circular and memo of the Ministry of Finance dated 27.10.75 to the effect that the Government had decided not to allow the payment of the exchange value of demonetised Pakistani currency notes is irrelevant so far the facts of the case are concerned inasmuch as the question in this case is whether the respondent is entitled to the payment of an amount already released by the authorities concerned under MLR No. 81 upon surrendering the demonetised notes. The High Court Division considered that the release order was made by the competent authority after forfeiting Tk. 25,000/00 and the remaining amount was released. It then completely changed the character and it became a deposit by way of entrustment to the Bank in question. The High Court Division further found that the Bank became a debtor to the respondent. In this view of the matter, the rule was made absolute so far, as the Sonali Bank is concerned but it was discharged against the Bangladesh Bank and the Government of Bangladesh.

(3.) Leave was granted to consider whether the Sonali Bank became a debtor in respect of the released amount and whether it was a debt of the Bangladesh Bank as well as of the Government of Bangladesh. The Release Order is in the following terms: