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Banking Final
Bankers' Book Evidence Act
What is Electronic signature?
As per section 2(1) of The Information & Communication Technology Act, 2006.
"Electronic signature" means data in an electronic form, which--
1. is related with any other electronic data directly or logically and
2. is able to satisfy the following conditions for validating the Electronic signature-
 Affixing with the signatory uniquely
 Capable to identify the signatory
 Created in safe manner or using a means under the sole control of the signatory and
 Related with the attached data in such a manner that is capable to identify any alteration
made in the data thereafter.

What is Customer?
As per Section 2(1) (g) of The Bankers' Book Evidence Act, 2021
"Customer" means any person having an account with the Bank or as the beneficial owner on
whose behalf any account is operated with the Bank and shall include any other person as defined
by the Bangladesh Bank, from time to time, by notification in the Official Gazette.

What is Person?
As per Section 2(1) (j) of The Bankers' Book Evidence Act, 2021
Person' means includes any person or institution, company, corporation, co-operative society,
association, partnership, firm or any other body or representative thereof or any professional
financial intermediary (e.g. agent, trustee, accountant, lawyer or any other professional concerned.)

In which case the bank officer is not compellable to produce book’s (the banker's
statement) or to be a witness?
As per section 5 of The Bankers' Book Evidence Act, 2021
If the bank is not a party to the legal proceedings unless compelled to disclose customer
information under section 7, the bank officer is not bound to produce banker’s book or to be a
witness.
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In which case the bank officer is to produce books or to be a witness?

As per section 7 of The Bankers' Book Evidence Act, 2021
Subject to compliance with the terms of the produce of customer information specified in the
schedule, in the case of authorized produce of customer information, the customer information
shall be produced to the relevant authorized person or organization.

As per schedule of The Bankers’ Book Evidence Act, 2021

1. Grounds on which customer information to produce: Produce of customer information by
the customer or, if the customer is dead, by his nominee, by written order.
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Legal Notice Under Artha Rin Adalat Ain,2003

Our Ref: (Sanction Letter Ref No.)

Date:
BY REGISTRED POST WITH A/D

Address: All addresses must be provided (Borrower Address)

Subject: Legal Notice
Dear Sir,
We write under the instruction of our client, (Victim Name), to issue upon you this legal
notice which is as follows:

1. That in course of business and consequent upon receipt of an Application dated (Loan
Application Date),our Client sanctioned you a (Loan Name) of Tk.(Loan Amount at
(Interest)% interest with a validity up to (Duration of Loan) months vide Sanction
Letter being No. (Sanction Letter Ref No.) dated (Date of issue of Sanction letter)
followed by execution of (Loan Name) Agreement dated (Date of issue of Sanction
letter) embodying necessary terms and conditions wherein the monthly instalment was
tk (Par instalment Amount).

2. That the above Loan was secured inter alia as follows:

a) Execution of usual Charge Documents dated (Sanction Letter).
b) Personal Guarantees executed by(Guarantees Name).

3. That you have taken the loan wholly but willfully and in flagrant violation of the terms
of the sanction letter have failed to adjust your liability by paying regular installments
and have continued such default with mala fide intention. A considerable period of time
has passed till then and already huge dues against the loan accrued to our client and
which has not been settled by you or any steps taken by you in adjusting the dues.

4. That reminders have been exchanged between you and our client including the client's
letters dated (Date if any legal notice has been previously sent)which have not
elicited any positive response from you to settle your liability with our client. Our client
has tried all means to recover his legitimate dues and is now in reasonable apprehension
that you will not be able to adjust your liability unless compelled by law. Being a non-
banking financial institution, our customer cannot wait indefinitely for the settlement
of his dues, which are ultimately public money.
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5. That at present your outstanding liability with our Client stands at BDT. (Current
outstanding amount) inclusive of late Payment Interest and other charges which you
are liable to pay to our Client.

I, therefore, through this Notice finally call upon you to pay to my client BDT. (Current
outstanding amount) along with other charges within 7 days of receipt of this notice, failing
which my client has given me clear instructions to file lawsuit for recovery against you in the
competent court of law and in that event you shall be fully responsible for the same.

A copy of this Notice shall be kept in our office for future reference.

Yours faithfully,
Advocate
Supreme Court of Bangladesh

Copy to: (If any Guarantees)

Name Address (Reasons for serving him a legal notice)

Being a guarantor, you are jointly and/or

severally liable to pay the above liabilities, as
requested to arrange the payment of the
aforesaid dues within the specified time.
otherwise, legal action will also be taken
against you.