Legal Opinion regarding correction/ rectification of CIB data base in light of the verdict of the High Court Division of the Supreme Court A/C Company 1.

Mr. Z

Address….

Dear Sir,

Re:      Legal Opinion regarding correction/ rectification of CIB data base in light of the verdict of the High Court Division of the Supreme Court A/C Company 1.

We refer to your letter dated January 29, 2008 and your letter dated 04 February 2008 and our letter dated 04 February 2008 on the above subject.

From perusal of your letter and the provided documents it appears that, BANK 1 vide its letter No. ……………… dated 04.12.07 has informed Bank 1 that as per judgment of the High Court Division of the Supreme Court dated 07 and 08 December 2004 in Writ Petition No. 1776 of 2004, it is required to make necessary correction by way of excluding the names of Mr. X and Mrs. A from the CIB data base in relation to Company 1 (“Company 1”). BANK 1 vide their letter has also requested BANK 1 to submit all necessary documents to BANK 1 which are necessary for correction/rectification of the CIB data base.

BANK 1 have filed an Artha Rin Adalat Suit No. 264 of 2006 against Company 1 for recovery of BANK 1’s dues which is now pending in the 3rd Artha Rin Adalat, Dhaka.

In the circumstances stated above, you require our legal opinion as to whether BANK 1 can take necessary steps with regard to correction of CIB data base maintained with BANK 1 so as to exclude the name of Mr. x and Mrs. A from the CIB data base.

OUR OPINION:

Vide the judgment dated 07.12.2004 and 08.12.2004, the Honourable High Court Division of the Supreme Court in Writ Petition No. 1776 of 2004 directed BANK 1 to delete the names of Mr. x and Mrs. A from the CIB data base.

Although, Bank 2and Company 1, the aggrieved parties of the above judgment filed C. M. P for Leave to Appeal No. 89 and 90 of 2005 and C.P. Nos 477/05 and 478/05 with the Appellate Division of the Supreme Court of Bangladesh, the Honourable Appellate Division upon hearing on 8, 9, 10 and 16 May 2006 dismissed both the C.P. Nos 477/05 and 478/05.

Therefore, we are of the opinion that as there are no legal restrictions, BANK 1 may submit all necessary documents to BANK 1 which are necessary for correction/rectification of the CIB data base.

If you have any further query, please do not hesitate to contact the undersigned.

Thanking you.

Yours faithfully,

For: “The Lawyers & Jurists”

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