ORIENTAL BANK LTD. Vs. A B SIDDIQ (LUDU)

JUDGEMENT

(1.) This petition for leave to appeal is directed against the judgment and order dated 27-4-2004 and 2-4-2005 passed by the High Court Division in Writ Petition No. 2235 of 2000 discharging the Rule by majority decision and refusing to interfere with decree of Artha Rin Adalat No. 4, Dhaka dismissing the suit as against guarantor respondent No.1.

(2.) The facts, in short, are that the petitioner "The Oriental Bank Ltd.' (previously Al-Baraka Bank, Bangladesh Limited) is a Banking Company incorporated in Bangladesh and carries on baking business, among other places, at the aforesaid address.

(3.) The respondent No. 2 is the owner of a business firm MS Salmon Trading who opened Current A/C No.100874 with the petitioner Bank. The said account was operated by respondent No. 1 AB Siddiq (Ludu) under a power of attorney (Letter of Mandate) on behalf of respondent No. 2.