AGRANI BANK Vs. ESSENTIAL GARMENTS LTD.

JUDGEMENT

(1.) The appeal by leave is against the order dated January 3, 2000 of a Division Bench of the High Court Division in Writ Petition No. 60 of 2000.

(2.) The writ petition was filed stating, inter alia, that the petitioners are involved in manufacturing and export of ready-made garments and enjoying loan, overdraft and banking facilities from the appellant Bank, that they have filed Title Suit No. 10 of 1998 seeking declaration that they do not owe any money on any account to the Bank i.e. the appellant, Agrani Bank, and, as such, they are not defaulter borrowers, that the claim of the Bank to the extent to Taka 8,19,63,687.70 is false and without foundation, that in the suit they have prayed for injunction and also for recovery of Taka 13,77,93,429.21 on account of damage and compensation, that the Bank has filed written statement in the suit, that status of the writ petitioners as loanee defaulters as alleged by the Bank has not yet been decided by the Court, that during the pendency of the suit Bangladesh Bank at the instance of the Agrani Bank i.e. the appellant, has included the name of the petitioners in the Credit Information Bureau (CIB) report arbitrarily and without giving reasonable opportunity to clear petitioners' position. The respondent Nos. 1 and 2 i.e. petitioners in the writ petition, challenged the said report before the High Court Division under Article 102(2) of the Constitution.

(3.) In the writ petition amongst the reliefs the following reliefs were sought: