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2024 Supreme(Online)(GUJ) 21601

HIGH COURT OF GUJARAT
MR. JUSTICE HEMANT M. PRACHCHHAK, J
BHAIRAVI D/O MOHAN OZA AND W/O APURVA PATEL HER SELF AND ONLY LHRS OF LATE SANGEETA MOHAN OZA – Appellant
Versus
AUTHORIZED OFFICER, BANK OF BARODA – Respondent


Petitioner Advocates:UMARFARUK M KHARADI(8155) ,Respondent Advocate: MR BIJU A NAIR(5703)

ORDER

1. Present petition is filed by the petitioner, the petitioner has prayed for redeem the pledge ornaments upon receiving full and final payment in connection with the gold loan account No.

58280400000071. It appears that the golden ornaments of mother of the petitioner are lying with the respondent-Bank as a security against the advancement of the financial assistance. For recovery of the said ornaments which is put under the security against the financial assistance which was obtained by the mother of the present petitioner. Now, on repayment of said financial dues, the petitioner asked the respondent-Bank to return the golden ornaments to power of attorney holder of the original petitioner who is staying abroad.

Since the power of attorney had approached the respondent-Bank to hand over the said ornaments as he is having the power of attorney of the original borrower, the bank has refused to accept the power of attorney for releasing the golden ornaments which was originally claimed by the mother of the petitioner and they have requests the original petitioner that to call the original petitioner for getting the possession of the golden ornaments or get appropriate order

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