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2024 Supreme(Gau) 136

DEVASHIS BARUAH
Nazrul Islam, S/o. Late Amir Ali – Appellant
Versus
State Bank Of India, Represented By The Zonal Manager – Respondent


Advocates Appeared:
For the Petitioner: Mr. P. K. Roy, Sr. Adv, Mr. S.K. Chakraborty, Adv.
For the Respondents: Mr. L. Talukdar, Standing Counsel.

JUDGMENT :

1. The instant writ petition has been filed by the Petitioner seeking a direction upon the Respondent Nos. 3 and 4 to return back the Petitioner’s gold ornament (gold necklace) weighing 28 grams by debiting an amount that may be due towards the loan from the Petitioner’s Saving Bank Account or by accepting cash deposit of an amount of Rs.18,556/-as claimed by the Respondents through their letter dated 16.07.2020 and in the alternative if the gold ornament is transferred to anybody by way of sale or otherwise, pay compensation of an amount of Rs.2,00,000/-towards the cost of the gold ornament and Rs.1,00,000/-towards solatium totaling to Rs.3,00,000/-. Further to that, the Petitioner has also sought for a direction upon the Respondent Nos. 1 and 2 to make a proper enquiry into the matter.

2. The facts involved in the instant case as would be apparent from a perusal of the pleadings and the materials on record are that the Petitioner had a Savings Bank Account with the State Bank of India, Badarpur IE Branch bearing Account No.31480503313. Sometime in the month of June, 2017 the Chief Manager of the Badarpur Branch of the State Bank of India i.e. the Respondent No.5 inform

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