ORDER :

This Writ Petition has been filed for a Mandamus, to direct the second to fourth respondents to forthwith return the Jewels of the petitioner numbering of 27 (purportedly weight of 52 sovereigns) placed against the Jewel Loan A/c. No.233135193 dated 19.02.2013 on payment of the balance principal amount along with interest till date.

2. The petitioner was a member of the third respondent bank and had availed Jewel Loan on 19.02.2013 by pledging some of her Jewels. The gross weight of the Jewels pledged by the petitioner was determined by the third respondent bank at 241 Grams consisting of 27 items at the time when the loan was availed by the petitioner. The total loan taken by the petitioner was for a sum of Rs.4,50,000/-. It was payable within one year together with interest at 13.5% per annum.

3. The petitioner however defaulted in repaying the principal amount and the interest. Therefore, the third respondent bank was constrained to issue notice dated 17.02.2014 and called upon the petitioner to pay the outstanding due against Jewel Loan taken by the petitioner on 19.02.2013. On 29.03.2013, the petitioner made part payment of Rs.61,268/-. The aforesaid amount was appropriated by the third respondent bank towards outstanding interest as per the normal banking practice. Since the petitioner failed to make further payment despite a lapse of loan period on 19.02.2014, a notice dated 29.04.2014 was issued by the Branch Manager of the third respondent bank. The said notice was remained unserved and was returned as unclaimed to the third respondent bank.

4. Thereafter, an approved auctioneer, namely M/s.Bohra's Auctioneer, appointed by the third respondent bank issued notice dated 28.06.2014 to the petitioner. The said notice was also returned as unclaimed. Thereafter, the auctioneer appointed by the third respondent bank issued paper publication dated 12.07.2014 in “Malai Malar” and proposed to conduct auction on 26.07.2014.

5. According to the petitioner, the petitioner received a telephonic call from the fourth respondent, namely the Assistant Manager of the third respondent bank who asked the petitioner to repay the balance loan amount together with interest. The petitioner thereafter paid a sum of Rs.50,094/- which has been acknowledged by the fourth respondent, Manager of the third respondent bank. It appears that after acknowledging the aforesaid payment, the second to fourth respondents proceeded to auction the Jewels pledged on 26.07.2014 and recovered a sum of Rs.5,58,628/- proceeds of which exceeded the outstanding due from the petitioner.

6. Under these circumstances, strings of communications were exchanged between the petitioner and the second to fourth respondents. A letter was also addressed to the fifth respondent apart from the letter to the Hon'ble Chief Minister alleging irregularities in the auction conducted by the auctioneer appointed by the respondent bank. The petitioner also filed a Criminal Original Petition before this Court in Crl.O.P.No.4314 of 2015 which came to be disposed by an order dated 20.04.2015.

7. The petitioner has stated that the petitioner had actually pledged 416 grams (52 sovereigns) of Jewelries while taking loan though the third respondent bank acknowledged 241 grams.

8. Opposing this writ petition by the respondents, in the counter, it has been acknowledged that Jewels that were pledged by the petitioner were auctioned for a sum of Rs.5,58,828/- which was recovered and after adjusting the loan due and other charges, a balance amount of Rs.1,40,997/- was kept in suspense account for being paid to the petitioner. It is submitted that despite calling upon the petitioner to receive the aforesaid amount, the petitioner has refused to receive the same and filed frivolous complaint against the bank including Crl.O.P.No.4314 of 2015.

9. It is further submitted that the respondent bank is ready to settle the balance amount of Rs.1,40,997/- which has been kept in the suspense account in the nam