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2010 Supreme(Ker) 275

P.BHAVADASAN
Syndicate Bank – Appellant
Versus
Mohammed – Respondent


Advocates Appeared:
For the Petitioner:K.V. Sohan, Advocate.
For the Respondents:D. Krishna Prasad, M. Harisharma, Joji Varghese & Satheesh Kumar, Advocate.

Judgment :

The defendant in O.S.No.219 of 1989, who suffered a decree at the hands of the first Appellate Court is the appellant. The parties and facts are hereinafter referred to as they were available before the Trial Court.

2. The plaintiff alleged that he had pledged gold ornaments of five sovereigns on 11.11.1981 with the defendant Bank and borrowed a sum of Rs.2500/- on the security of those gold ornaments. The plaintiff paid Rs.1918.70 on 8.4.1985 towards the loan amount. The Bank issued a notice dated 4.2.1986 to the plaintiff recalling the loan and informing him that if he failed to discharge the debt, the ornaments would be sold in auction on 27.2.1986. The plaintiff claimed to have paid Rs.500/- in response to the notice and thereafter he expressed his willingness to discharge the balance amount. But the gold ornaments were not returned to him. A notice was issued by the plaintiff, which caused the defendant to send a reply containing false allegations. The defendant claimed to had sold the jewels. The plaintiff claims it was unauthorized, illegal and contrary to law. Being an unauthorized sale, it is also stated that the Bank is not entitled to adjust the balance amount













































































































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