2025:CGHC:14396 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1164 of 2025 Chandrakumari Rajput W/o Late Shri Laxman Singh Rajput Aged About 55 Years R/o House No. 231, Ward No. 18, Jawahar Nagar, Durg, DiTgiatalhlysil And District Durg Chhattisgarh signed by YOGESH YOGESH TIWARI TIWARI Date: --- Petitioner

2025.04.09

09:58:15 +0530 versus Punjab National Bank Through Its Authorized Officer, Branch Durg, Dhamda Naka, Station Road, Tahsil And District Durg Chhattisgarh --- Respondent WPC No. 1366 of 2025 Sourabh Rajput S/o Late Shri Laxman Singh Rajput Aged About 35 Years (Wrongly Mentioned As 36 In Annexurer P /1) R/o House No. 231, Ward No. 18, Jawahar Nagar, Durg, Tahsil And District Durg Chhattisgarh. ---Petitioner Versus Punjab National Bank Through Its Authorized Officer, Branch Durg, Dhamda Naka, Station Road, Tahsil And District Durg Chhattisgarh.

--- Respondent (Cause-title taken from Case Information System)

For Petitioners in both : Mr. Anand Shukla, Advocate the writ petitions For Respondent in both : Mr. Sharad Mishra, Advocate the writ petitions Hon'ble Shri Amitendra Kishore Prasad, Judge

Order on Board

25.03.2025

1. Heard Mr. Anand Shukla, learned counsel for the respective petitioners and Mr. Sharad Mishra, learned counsel appearing for the respondent in both the writ petitions.

2. Since the common issue is involved in both the writ petitions, as such, they are clubbed together, heard together and disposed of by this common order.

3. In WPC No.1164/2025, the petitioner has prayed for following reliefs:-

“10.1) That, this Hon'ble Court may kindly be pleased to direct the Respondent Bank to return/release the Gold Ornaments mortgaged by the petitioner in pursuance of the Gold Loan Account no. 165400NH00000037 at the earliest, in the interest of justice.

10.2) That, this Hon'ble Court may kindly be pleased to grant the compensation with interest to the petitioner against the arbitrary act of the Respondent Bank.

10.3) That, Cost of the petition may also be awarded to the petitioner.

10.4) Any other relief or relief(s) which this Hon'ble Court may think proper in view of the facts and circumstances of the case may also kindly be granted.”

4. In WPC No.1366/2025, the petitioner has prayed for following reliefs:-

“10.1) That, this Hon'ble Court may kindly be pleased to direct the Respondent Bank to return/release the Gold Ornaments mortgaged by the petitioner in pursuance of the Gold Loan Account no. 165400NH00000037 at the earliest, in the interest of justice.

10.2) That, this Hon'ble Court may kindly be pleased to grant the compensation with interest to the petitioner against the arbitrary act of the Respondent Bank.

10.3) That, Cost of the petition may also be awarded to the petitioner.

10.4) Any other relief or relief(s) which this Hon'ble Court may think proper in view of the facts and circumstances of the case may also kindly be granted.”

5. The instant petitions are filed against the mala fide actions of the respondent-Bank, whereby despite of full settlement and closure of the petitioners’ gold loan account with the respondent-Bank, the Bank has unjustifiably and arbitrarily not releasing/returning the gold mortgaged by the petitioners.

6. Brief facts for disposal of both the writ petitions are that, the petitioner in WPC No.1164/2025, availed a gold loan facility from the respondent-Bank amounting to Rs.11,30,000/- by mortgaging her own gold, which was sanctioned on 15.05.2024 in favour of the petitioner under Account No.165400NH00000046 and the petitioner in WPC No.1366/2025 and along his late wife Smt. Arpita Rajput, availed a gold loan facility from the respondent- Bank amounting to Rs.9,50,000/-, which was sanctioned on 10.05.2024 in favour of the petitioner under Account No.165400NH00000037. Thereafter, First Information Report was lodged against the petitioners under Sections 304-B and 34 of the IPC, bearing Crime No.238/2024, registered at Police Station Mohan Nagar, District Durg. During the course of the invest