The Appellate Division of the Supreme Court on Tuesday upheld a High Court order that fined Tk 10 million to private company FMC O2 Limited on a charge of abusing a court order of ad-interim injunction from showing the company as a defaulter in CIB report of the Bangladesh Bank.
A three-member bench of the Appellate Division headed by Chief Justice Hasan Foez Siddique passed the order dismissing a petition filed by FMC O2 Limited against the High Court order.
Later the court also realised the fined money.
Attorney General AM Amin Uddin and Barrister Khan Md Shameem Aziz appeared in the court hearing on behalf of Bangladesh Bank, while lawyer Ozi Ullah appeared for the company.
The company, FMC O2 Limited, filed a civil revision petition with the High Court in 2017 challenging the legality of a CIB report of the Bangladesh Bank that showed the company as a loan defaulter.
Upon the hearing petition the High Court on December 10 in 2017 issued an ad-interim injunction restraining the parties from showing the names of the petitioner, FMC O2 Limited, as a defaulter in the CIB report of the Bangladesh Bank for a period of six months.
The court also issued a rule upon the respondents on the same issue.
After more than four years when the matter came up in the cause list for fixing the date of hearing, the petitioner company filed an application for discharging the rule for non prosecution.
Upon hearing on the application for non prosecution the High Court discharged the rule, but fined the company Tk 10 million which was payable within 30 days from the date of the order.
In the verdict the High Court said, “Having regard to the facts and circumstances of the case it is crystal clear that the company by way of committing fraud and suppressing the material facts obtained the rule and injunction from this court.”
“Moreover, it is already found that regarding the impugned CIB matter the petitioner didn’t file any specific suit but enjoying the privilege of the order of the injunction last four years which is amounts to abuse of the process of court.”
Later the company filed an appeal petition with the Appellate Division against the High Court order. After hearing the appeal petition the apex court on Tuesday dismissed the petition filed by the company.
