The Appellate Division of the Supreme Court (SC) on Thursday stayed a High Court verdict that sentenced five Argani Bank officials including its Managing Director (MD) and CEO Md Murshedul Kabir to three months' imprisonment till March 18.
Justice M Enayetur Rahim, Chamber Judge of the Appellate Division of the SC, passed the order after hearing a petition filed by the state against the High Court verdict.
The Chamber Judge also sent the matter to the regular Appellate Division bench for detailed hearing on March 18.
Attorney General AM Amin Uddin appeared in the court hearing on behalf of the Agrani Bank. Lawyers Momtazuddin Fakir, Shamim Khaled and Tanjib ul Alam represented the bank officials, while lawyers Yusuf Hossain Humayun and Nurul Amin represented the Moon Group.
Earlier, on January 23 a High Court bench sentenced five Agrani Bank officials including its Managing Director (MD) and CEO Md Murshedul Kabir to three months' imprisonment for not complying with its order.
The other bank officials are Agrani Bank's Deputy Managing Director-1 Wahida Begum, Deputy Managing Director-2 Shyamol Krishna Saha, General Manager (GM) Mohammad Fazlul Karim and Principal Branch's Manager AKM Fazlul Haque.
According to the case documents, Moon International Printing Press Limited's owner Mizanur Rahman received a loan of Tk 2.31 billion from the Agrani Bank to establish Moon Tower at Dilkusha in the city. At one stage, Agrani Bank purchased 98,235 square feet of space in that building and the bank adjusted the payment against the loan.
However, the Agrani Bank further demanded Tk 197.7 million from the Moon Tower owner against the bank loan. A letter was sent to Moon International Printing Press Limited's Managing Director, Mizanur Rahman, in 2021, demanding payment of the amount. Mizanur then filed a case against the legality of the letter.
Following the letter, the trial court issued a show cause notice on the bank authorities. But it rejected another prayer that sought an injunction on the effectiveness of the letter. Then Mizanur moved the High Court that also sought explanation from the bank authorities regarding the issue.
Later, on December 02 in 2021, the HC also issued status quo on the effectiveness of the letter. It also issued a rule upon the respondents to explain why they should not be directed to cancel the letter. The HC asked the parties to maintain status quo on the effectiveness of the letter until disposal of the rule.
Despite the HC status quo the bank authorities further issued a letter to Mizanur demanding payment of the money. In that letter Mizanur was shown as a loan defaulter.
In this situation, Mizanur filed two separate petitions with the HC against the Agrani Bank officials. In the petitions, he brought allegations of contempt of court against the bank officials.
In the last parliamentary election, Mizanur submitted his nomination paper from the Borguna-2 constituency as a candidate of the Jatiya Party. However, the Agrani Bank authorities issued a letter to the Deputy Commissioner of Borguna saying that Mizanur was a loan defaulter. Finally his candidacy was cancelled.
Mizanur also filed another petition with the HC against the letter that termed him as a loan defaulter. Upon hearing on the three petitions together, the HC bench sentenced the five Agrani Bank officials to three months' jail each.
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