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2004 Supreme(Ori) 172

A.K.PATNAIK, M.M.DAS
Alekha Sahoo – Appellant
Versus
Puri Urban Co-operative Bank – Respondent


Advocates:
For Petitioner:M/s. Bidhayak Patnaik and C. Panigrahi
For Opp. Parties:M/s. K. C. Kanungo and Sankarsan Behera

JUDGMENT

M. M. DAS, J. — Petitioner has filed this writ application for quashing the letter under Annexure-3, by which the opp. party, i.e. Puri Urban Cooperative Bank Ltd. (hereinafter re¬ferred 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, de¬manding 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 ava






















































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