Professional Documents
Culture Documents
To,
Governor
Bangladesh Bank
Bangladesh Bank Bhaban,
Motijheel, Dhaka.
Notice Receiver.
From
The Legal & Associates
Barristers and Advocates
30, Bijoynagar, Dhaka-1000
Notice Sender.
For & on behalf of
Under the instructions of our client, S.A. Oil Refinery Ltd. we are
Serving a legal notice upon you seeking a direction upon the
National Bank Ltd to covert the existing funded liability to term
Loan of Tk. 177.64 Crore (re-scheduling) to be paid within the period
stipulated in the No Objection Certificate contained in Reference
No. BRPD( P-1)/661/13( Cha)/2015-931 dated 04.04.2915 issued by
Bangladesh Bank on the proposal of the Board of Director of National
1.
That our client, the Managing Director of S.A Refinery Ltd.
availed loan facilities from Bangladesh National Bank Ltd, a
financial institution performing its function under the supervision
and guidance of Bangladesh Bank.; Due to fall of business and
most-worst business scenario as well as the tremendous financial
hardships of our client, an outstanding amount of Tk. 177.64 Crore
remained unpaid despite many efforts of our client. This situation
made compel our client to seek co-operation of the Bank and in term
of the discussion with the higher management of NBL, the Managing
Director of the Company made an application to the NBL on 13.12.2014
with a prayer to covert the existing funded liabilities to term Loan
of Tk. 177.64 Crore to be paid within 8 years with an interest @ 10%
per annum by paying TK. 9 Crore as down payment and accordingly, the
Bank placed the said proposal to the Board of Directors and pursuant
to the decision of the Board, the NBL directed our client to deposit
TK. 9 Crore as down payment with the assurance that the entire loan
liabilities will be re-scheduled providing payment flexibility subject
to the approval of Bangladesh Bank and accordingly the Company paid
the said amount with a legitimate expectation with regard to the
conversion of the funded liability to term Loan amounting Tk.
177.64 Crore
2.
That in view of above, the Management of Bank accepting the
proposal of our client, took a positive decision and forwarded the
same to Bangladesh Bank on 30.12.2014 seeking No Objection
Certificate and accordingly, Bangladesh Bank through one of its
5.
That the behavior of NBL as shown toward our client in such a
manner to which no man of prudent could be agreed with it as being the
total infringement of the fundamental right of our client as
guaranteed in the Constitution which is a solemn expression of the
will of the citizens of republic as well as the gross violation of
the provisions contemplated in the different Articles of the
Constitution Article 11 of the Constitution states The Republic
shall be a democracy in which fundamental human rights and freedoms
and respect for the dignity and worth of the human person shall be
granted NBL has intentionally ignored Article 19 of the
Constitution which ensured the equality of opportunity to all
citizens by adopting effective measures to remove social and economic
inequality between man and man and to ensure the equitable
distribution of wealth among citizens, and of opportunities in order
to attain a uniform level of economic development throughout the
Republic. Article 29 affirms by strengthening the principle laid down
in Article 19 and 27 of the Constitution by making the equality of
opportunity. The fundamental right of our client has been nakedly
denied by NBL as our client is entitled to enjoy equal protection of
law and to be treated in accordance with law and only in accordance
with law which is the inalienable right of every citizen as guaranteed
in the Constitution. The decision of NBL is arbitrary, malafide,
oppose to public policy and has been taken by introducing a pick and
That under the above facts and circumstances, and under instruction of
our said client, we call upon you to give direction upon the National
Bank Ltd to covert the existing funded liability to term Loan of Tk.