RE: BANK GUARANTEE NOS. 03/96 DATED 13.02.96 FOR TK. 62,21,142.26 AND BANK GUARANTEE NO. 01/96 DATED 24.01.96 FOR TK. 60,71,546.00
We act for our client Bank 1, Head Office, ……………… Our client has forwarded to us a copy of your letter No. ……………….dated 01.06.2003. The said letter dated 01.06.2003 was originally addressed to the General Manager, (Banking Operation and Development Department) Bangladesh Bank copy of which was forwarded to our client. At the instructions of our client we serve this notice upon you as follows:
01.That we informed you vide our letter dated 30.04.2003 addressed to the Commissioner of Customs, copy of which was forwarded to you as well, that at the instructions of our client we filed Writ Petition No. 2752 of 2003 in the High Court Division of the Supreme Court of Bangladesh challenging the legality of Memo No. ……………….. dated 03.03.2003 issued by the Assistant Commissioner of Customs directing our client to encash the Bank Guarantee Nos. 03/96 dated 13.02.96 for Tk. 62,21,142.26 and No. 01/96 dated 24.01.96 for Tk. 60,71,546.00 and to pay the proceeds thereof to the respondents within 3 days of receipt of the Memo, although the validity of the said Bank Guarantees expired as back as in 1997 and threatening our client to stop clearance of all cargo against the L/Cs issued by our client.
02.That we also informed you that upon hearing, the Division Bench of the Hon’ble High Court Division of the Supreme Court of Bangladesh comprising. Justice Mr. X and Justice Mr. Y was pleased to issue Rule upon the Customs Authority vide order dated 20.04.2003. The Hon’ble Court also stayed operation of the impugned Memo No. …………………. dated 03.03.2003 directing our client to encash the Bank Guarantees in question. Copy of the Court’s order dated 20.04.2003 was enclosed with our said letter. [Copy of the Court’s order dated 20.04.2003 is enclosed herewith for your ready reference].
03.That now it appears that you with complete disregard to the Court’s order dated 20.04.2003 are trying to illegally coerce our client to encash the bank guarantees in question through Bangladesh Bank.
04.That from the facts and circumstances of the case it appears that the bank guarantees in question expired due to negligence of the concerned officer of the Customs Authority. Now the Customs Authority in order to avoid their responsibility has devised mechanism of encashing the bank guarantees in question by illegal means of pressurising our client through Bangladesh Bank with complete disregard of the Court’s order dated 20.04.2003 passed by the Hon’ble High Court Division in Writ Petition
05.No. 2752 of 2003. Such action of the Customs Authority is contempt of the Court.In the premises stated above you are requested to rescind/withdraw your aforesaid letter No. ……………….. dated 01.06.2003 and stop pressurising our client through any means of persuasion and inform us or our client about your compliance within 7 days of receipt of this notice. Should you fail to comply with the request, our client will be compelled to file necessary application in the Court for drawing contempt proceedings against you.
A copy of this notice is kept in our office for future reference.
For: “The Lawyers & Jurists”