Re: Legal Opinion regarding allowing of withdrawal in SB A/C. No. 1445, 1446 and 1447 maintained with your branch
Please refer to your letter No. ………………… dated 29.03.2001 (received on 02.04.2001) on the above-mentioned subject.
We have perused the papers/documents that you have referred to us.
It appears that in Civil Revision No. 5423 of 2000, the Honourable High Court Division passed an order dated 10.12.2000 directing the parties to maintain status quo regarding functioning of the Committee of Bahumukhi Khudra Kuthir Shilpa Samabaya Samity. Pursuant to the order of the High Court Division, the immediate past committee of the Samabaya Samity (the Chairman being one Mr. X) continued with operation of the bank account maintained with BANK 1, Mirpur Branch. The term of the committee ended on 06.03.2001. Thereafter, on the instruction of the Directorate of Co-operatives, the District Samabaya Officer appointed an Ad Hoc Committee vide order under Memo No. 924/1(5) dated 11.03.2001. Challenging the said order, a Writ Petition being No. 866 of 2001 was filed by Mr. X against, inter alia, the Government of the Bangladesh represented by the Secretary, Ministry of Rural Development and Co-operatives. In the said Writ Petition, the High Court Division was pleased to stay the Order under Memo No. 924/1(5) dated 11.03.2001 for a period of three months.
In such a situation, you have sought our opinion as to whether you can/should allow withdrawal of the amount of the Samabaya Samity lying in the S/B account maintained with your branch.
Since the term of the immediate past committee (headed by its Chairman, Mr. X) has expired on 06.03.2001, it has no local standi to represent the Samabaya Samity and to continue with the operation of the account of the Samity.
However, the appointment of the adhoc committee has also been stayed for a period of three months by the Honourable High Court Division. In such a situation, we are of the opinion that the Bank should not allow either party (the immediate past committee or the adhoc committee) to operate the account. If either party wants to operate the account, it should obtain an order from the High Court Division in that regard.
Should you have any further query, please do not hesitate to contact the undersigned.
For: “The Lawyers & Jurists”