Madras High Court
S.Selvi vs Chief Regional Manager on 27 August, 2024
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
WP(MD). No.20302 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Date : 27/08/2024
CORAM
The Hon`ble Mr.Justice N.SATHISH KUMAR
WP(MD). No.20302 of 2024
and WMP(MD) No.17232 of 2024
S.Selvi ... Petitioner
Vs
1. Chief Regional Manager,
Indian Overseas Bank, Regional Office,
No.4, Bharathidasan Salai,
Cantonment,Trichy 620 001.
2. The Manager,
Indian Overseas Bank,
Pachaperumalpatti Branch,
No. 1/133, Main Road,
Pachaperumalpatti Post,
Thuraiyur Taluk,
Trichy 621 015. ... Respondents
PRAYER :- Writ Petition, filed under Article 226 of the Constitution of
India, praying this court to issue a Writ of Mandamus directing the
respondents herein to accept petitioner loan amount (including interest
amount) and consequently return back the Jewel of the petitioner which
is pledged in the hands of respondent no. 2 for a loan amount of Rs.
70,000 /- with an interest of Rs. 7576 /- per annum in Jewel Loan No.
1/4
https://www.mhc.tn.gov.in/judis
WP(MD). No.20302 of 2024
9956 dated 14.08.2023 by considering petitioners representation dated
07.08.2024.
For Petitioner : M/s.Sujeeth.G,
For Respondents : Mr.N.Dilipkumar
ORDER
The writ petition has been filed for a mandamus directing the respondents herein to accept petitioner loan amount (including interest amount) and consequently return back the Jewel of the petitioner which is pledged in the hands of respondent no. 2 for a loan amount of Rs. 70,000 /- with an interest of Rs.7,576 /- per annum in Jewel Loan No. 9956 dated 14.08.2023 by considering petitioner's representation dated 07.08.2024.
2. By consent, the writ petition itself is taken up for final disposal.
3. It is the case of the petitioner that during the lifetime of her husband, her husband and her elder son borrowed educational loan for their son's education. The petitioner's jewels have been pledged with the respondent bank for a sum of Rs.77,000/-. Now, after the demise of her husband, the petitioner wants to redeem the jewels. However, the bank is 2/4 https://www.mhc.tn.gov.in/judis WP(MD). No.20302 of 2024 not returning the same and hence, the present writ petition.
4. The learned counsel for the bank would submit that apart from the jewel loan, one another loan is outstanding and the bank is also trying to exercise the general lien over the said loan.
5. However the learned counsel for the petitioner would submit that the petitioner is also prepared to offer other security towards the other loan.
6. In such view of the matter, it is for the petitioner to approach the bank and if any security is offered towards the other loan, the same shall be considered by the bank and once the amount has been paid for the jewel loan, the jewels have to be returned. It is made clear that the security to be offered would be subject to the satisfaction of the respondent bank.
7. The writ petition is disposed of with the above direction. No costs. Consequently connected Miscellaneous Petition is closed.
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