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2004 Supreme(Ori) 173

M.M.DAS, A.K.PATNAIK
ALEKHA SAHOO – Appellant
Versus
PURI URBAN CO-OPERATIVE BANK LTD – Respondent


Advocates Appeared:
BIDHAYAK PATNAIK, C.Panigrahi, K.C.Kanungo, Sankarsan Behera

M. M. DAS, J.

( 1 ) PETITIONER has filed this writ application for quashing the letter under Annexure-3, by which the opp. party, i. e. Puri Urban Co-operative Bank Ltd. (hereinafter referred to as 'bank') has marked a lien on the gold ornaments of the petitioner, now lying with the Bank and for issue of a writ of mandamus directing the opp. party-Bank to release the said gold ornaments in favour of the petitioner,

( 2 ) BEREFT of the details, the facts giving rise to the present writ application are as follows : the petitioner availed two gold loans of rs. 12,000/- each on 20-8-2001 from the opp. party Bank on pledge of gold ornaments and has cleared up the said gold loans on 22-7-2003. As the Bank did not return the ornaments so pledged for availing the gold loans to the petitioner, but issued the letter under Annexure-3 dated 30-7-2003 to the petitioner, stating that the Bank has marked a 'lien' on the said gold ornaments, the petitioner issued a notice /demand letter vide annexure-4 through his lawyer, demanding return of the gold ornaments. Failing in such attempt, the petitioner has filed this writ application.

( 3 ) THE opp party-Bank in its counter has stated that before










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