Statutory deposit

Statutory deposit along with an additional 8% as interest was not made. The High Court Division rejected the contention and discharged the Rule. It appears to us that the point raised by the pre-emptees also requires determination of facts. Since the hearing of the case has already commenced, the point raised by the pre-emptees can very well be agitated before the trial Court along with the other issues. And if such a point is agitated, whatever observations and findings have been given in the impugned judgment and order by the High Court Division on the said point shall not be binding upon the trial Court in deciding the same afresh. The trial Court shall dispose of the same along with the other issues in accordance with law. ..... Alhaj Md. Maruf Hasan Swapan & another VS Kohinur Aziz & others, [1 LM (AD) 274]