GOVERNOR, BANGLADESH BANK Vs. M. HABIBULLAH BAHAR

JUDGEMENT

(1.) This appeal by leave is directed against the judgment and order dated 16.11.2000 passed by a Division Bench of the High Court Division in Writ Petition No. 1672 of 1995 making the Rule absolute.

(2.) The writ petition was filed by Mr. M. Habibullah Bahar, the main Sponsor/ Chairman of Sundarban Bank International Ltd. (Proposed) challenging legality of the Memo No. BCD (P) 744/20-2074/91 dated 22nd December 1999, of the Bangladesh Bank (Annexure-Q to the writ petition) wherein it was observed that the Sundarban Bank International Ltd. (Proposed) failed to reach the stage of eligibility for filing application for issuance of licence to start banking business.

(3.) The case of the writ petitioner is that on 12.11.1991 he filed an application to the Ministry of Finance praying for issuing permission to start the banking business of the proposed Sundarban Bank International Ltd. and on receipt of the said application the Ministry of Finance sought opinion of the Bangladesh Bank and the Bangladesh Bank's opinion that at no stage the said Bank reached the stage of seeking permission for issuance of license to start the Banking business of the proposed bank. The writ petitioner challenged this opinion of the Bangladesh Bank in the writ petition.