Madras High Court
K.Poonkodi vs The Regional Office on 21 August, 2024
Author: M.Dhandapani
Bench: M.Dhandapani
W.P.No.25019 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.08.2024
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.25019 of 2021
and W.M.P.No.26345 of 2021
K.Poonkodi ... Petitioner
Vs.
1. The Regional Office,
Canara Bank,
Dindigul District.
2.The Manager,
Canara Bank,
K.Keeranur Branch,
Oddanchatram Taluk,
Dindigul District.
3.The Manager,
Canara Bank,
Kannivadi Branch,
Thirupur District. ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Certiorarified Mandamus to call for the
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W.P.No.25019 of 2021
entire records in Ref::MS Gen CLAIM 45 2020-21 CJ dated 21.01.2021 on
the file of the first respondent and quash the same and consequently, direct
the second respondent to return the jewels pledged in gold Loan No.37964.
For Petitioner : Mr.K.Sudhakar
For Respondents : Mr.C.Karthik
ORDER
This Writ Petition has been filed challenging the impugned order dated 21.01.2021 passed by the first respondent rejecting the request of the petitioner for returning of gold jewels which were pledged by the petitioner's father while obtaining the loan.
2. The learned counsel appearing for the petitioner would submit that the petitioner's father had requested her to give jewels to get the loan from the Bank for agricultural purpose and she gave nearly 11 sovereigns of jewels to her father and her father had pledged the same to the second respondent Bank and obtained the loan for a sum of Rs.1,30,000/- on _________ Page 2 of 8 https://www.mhc.tn.gov.in/judis W.P.No.25019 of 2021 27.07.2016. While so, her father died on 28.06.2017. After the death of her father, she had paid the entire loan amount of Rs.1,35,153/- to the second respondent and thereafter, when the petitioner asked the second respondent Bank to return the jewels as pledged by her father, the second respondent replied that her father has obtained two agricultural loans from the third respondent Bank apart from the gold loan, which are due pending. After enquiry with her brother, it came to know that her father had given the property as security for the agricultural loans. Therefore, she had given a representation to the second respondent on 15.06.2020 requesting to hand over the jewels to her and there is no response from the second respondent and therefore, she had raised the issue with Ombudsman, but it was closed during the last week of December 2020. Hence, she has again approached the second respondent, however, the second respondent vide impugned order dated 21.01.2021 rejected her request which triggered the petitioner to file the present writ petition. The learned counsel relied on the order dated 09.08.2017 passed by the Madurai Bench of this Court in W.P.No.12613 of 2016, wherein, it is held that "the bank never claimed any right of lien in _________ Page 3 of 8 https://www.mhc.tn.gov.in/judis W.P.No.25019 of 2021 respect of the properties of the petitioner which are given as security for the demand loan obtained by the petitioner. The petitioner is a party and has been impleaded only in her capacity as guarantor and not as a mortgagor of the properties". Hence, he prays for appropriate orders.
3. Per contra, the learned counsel appearing for the respondents 1 to 3 would submit that the petitioner's father obtained two agricultural loans from the third respondent Bank and thereafter, obtained jewel loan from the second respondent Bank by pledging the jewels on execution of an application cum letter of pledge with the Bank and in that letter, he has stated that he is the owner of the pledged jewels and agreed that the Bank may hold the pledged jewels as security for repayment of the amounts that are outstanding at any time and therefore, the Bank is having General Lien over the pledged jewels for the amount due not only for the gold jewel loan and also for the two agricultural loans. Unless the entire loan amounts are fully repaid, the pledged jewels cannot be returned to the petitioner.
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4. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents 1 to 3.
5. It appears from the facts narrated above that the petitioner's father had obtained two agricultural loans from the second respondent and gold loan from the third respondent by pledging the jewels and executed the application cum letter on 27.07.2016, wherein, the petitioner's father undertook that "he will repay the amount outstanding in his loan account on demand at any time and in case of failure on his part to repay the loan, the Bank is authorized to dispose off the securities described in the Schedule and the shortfall after adjustment of the net sale proceeds shall be repaid by the petitioner's father on demand by the Bank and the Bank is entitled to hold and sell and appropriate the proceeds of the security to all or any other liability payable by the petitioner's father in respect of any advance/financial assistance granted/to be granted hereafter and owing and that may be owing _________ Page 5 of 8 https://www.mhc.tn.gov.in/judis W.P.No.25019 of 2021 hereafter to the Bank at any office of the Bank or on any account whatsoever, whether solely or jointly with others and whether as principal debt or security". Therefore, unless the petitioner settles the entire loan amount borrowed by her father, she is not entitled to redeem the jewels pledged by her father and further, the decision relied on by the learned counsel appearing for the petitioner is not applicable to the case on hand, since the petitioner is not a guarantor for the loan borrowed by her father. Hence, this Court is not inclined to interfere with the impugned order dated 21.01.2021 passed by the first respondent.
6. Accordingly, this Writ Petition is dismissed. There shall be no order as to costs. Connected miscellaneous petition is closed.
21.08.2024 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb _________ Page 6 of 8 https://www.mhc.tn.gov.in/judis W.P.No.25019 of 2021 To
1. The Regional Office, Canara Bank, Dindigul District.
2.The Manager, Canara Bank, K.Keeranur Branch, Oddanchatram Taluk, Dindigul District.
3.The Manager, Canara Bank, Kannivadi Branch, Thirupur District.
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ssb W.P.No.25019 of 2021 21.08.2024 _________ Page 8 of 8 https://www.mhc.tn.gov.in/judis