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2024 Supreme(Online)(KER) 44134
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH THURSDAY, THE 12TH DAY OF SEPTEMBER 2024 / 21ST BHADRA, 1946 WP(C) NO. 12139 OF 2024 PETITIONER:
ANUB SETHUMADHAVAN, AGED 36 YEARS S/O. SETHUMADHAVAN, CHETTITHARAKKADU HOUSE, MOOLAMKODE P.O, PALAKKAD, PIN - 678684 BY ADVS.
P.YADHU KUMAR P.BABU KUMAR ASWINI SANKAR R.S.
MEGHA S.
RESPONDENT:
AUTHORISED OFFICER, THE SOUTH INDIAN BANK LTD, VADAKKKENCHERY BRANCH, SARA, COMPLEX, VADAKKENCHERY, PALAKKAD DISTRICT, PIN - 678683 SRI.SUNIL SHANKAR-SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.09.2024, ALONG WITH WP(C).17735/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH THURSDAY, THE 12TH DAY OF SEPTEMBER 2024 / 21ST BHADRA, 1946 WP(C) NO. 17735 OF 2024 PETITIONERS:
1 SETHUMADAVAN, AGED 72 YEARS S/O VASU, CHETTITHARAKKAD, MOOLAMKODE P O, PALAKKAD DISTRICT, PIN - 678684
2 VALSALA, AGED 57 YEARS W/O SETHUMADAVAN, CHETTITHARAKKAD, MOOLAMKODE P O, PALAKKAD DISTRICT, PIN - 678684 BY ADVS.
P.YADHU KUMAR MEGHA S.
RESPONDENT:
AUTHORIZED OFFICER, THE SOUTH INDIAN BANK LTD.,BRANCH, VADAKKANCHERRY, PALAKKAD DISTRICT, PIN - 678683 BY ADVS.
SUNIL SHANKER VIDYA GANGADHARAN JERIN GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.09.2024, ALONG WITH WP(C).12139/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 12th day of September, 2024 The present Writ Petitions have been filed seeking the following prayers:
a) Issue a writ of mandamus or any other appropriate writ, order, or direction commanding the Respondent Bank to allow for the closure or renewal of the gold loan accounts without imposing the condition of purchasing the pledged ornaments.
b) Grant any other relief or remedy as deemed just and proper in the facts and circumstances of the case.
c) Grant costs of and incidental to this petition to the Petitioner.
d) Pass any other order(s) as this Honourable Court may deem fit in the interest of justice.
2. As a last chance, two months further time is granted to the petitioners to comply with the interim orders dated 31.07.2024. In case, the petitioners fails to deposit the entire outstanding amount on or before 15.11.2024, the bank shall be free to proceed against the petitioners in accordance with law.
With the aforesaid observation, the present writ petitions stand finally disposed of.
Sd/-
DINESH KUMAR SINGH JUDGE AP APPENDIX OF WP(C) 17735/2024 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE GOLD LOAN RECEIPT IN THE NAME OF THE FIRST PETITIONER DATED
04/05/22023 Exhibit p2 THE TRUE COPY OF THE GOLD LOAN RECEIPT IN THE NAME OF THE SECOND PETITIONER DATED
04/05/22023 Exhibit P3 THE TRUE COPY OF THE INTERIM ORDER DATED
11/04/2024 IN WPC NO 12139/24 Exhibit P4 TRUE COPY OF THE RECEIPT OF THIRD GOLD LOAN AVAILED BY THE 1ST PETITIONER AS GOLD LOIAN ACCOUNT NUMBER 653/12325 WHICH BECAME DUE ON
12/06/2024 RESPONDENT EXHIBITS Exhibit R1(a) True copy of the pledge form dated 04.05.2023 in respect of Gold Loan A/c.
No.0590653000012726 Exhibit R1(b) True copy of the pledge form dated 16.12.2022 in respect of Gold Loan A/c.
No.0590653000012325 Exhibit R1(c) True copy of the pledge form dated 04.05.2023 in respect of Gold Loan A/c.
APPENDIX OF WP(C) 12139/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LOAN PASS BOOK IN GOLD LOAN NO. GL. NO. 653/13109 AMOUNT OF RS.
2,54,500/-
Exhibit P2 TRUE COPY OF THE LOAN PASS BOOK IN (II) GOLD LOAN NO. 653/11464: AMOUNT OF RS. 6,50,000/-
Exhibit P3 A TRUE COPY OF THE LETTER RECEIVED FOR GOLD LOAN NO. 653/11464 DATED 11/3/24 Exhibit P4 A TRUE COPY OF THE LETTER RECEIVED FOR GOLD LOAN NO. 653/13109 DATED 11/3/24 Exhibit P5 TRUE COPY OF THE NOTICE DATED 14/03/2024 ISSUED BY THE RESPONDENT BANK Exhibit P6 TRUE COPY OF SEC13(2) NOTICE ISSUED BY THE RESPONDENT BANK DATED 14/03/2024 RESPONDENT EXHIBITS Exhibit R1(a) True copy of the pledge form dated 23.08.2023 in respect of Gold Loan A/c.
No.0590653000013109 Exhibit R1(b) True copy of the pledge form dated 17.02.2022 in respect of Gold Loan A/c.
