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2022 Supreme(Online)(KER) 52185

HIGH COURT OF KERALA
,
BABU GEORGE – Appellant
Versus
STATE BANK OF INDIA – Respondent


JUDGMENT

Dated this the 14th day of September, 2022 Shaji P.Chaly, J.

Petitioner in W.P.(C)No.5331 of 2019 has preferred this appeal challenging the judgment of the learned single Judge dated 03.01.2022 whereby the following relief sought for in the writ petition was declined and the writ petition was dismissed.

“(1) Issue a Writ of Mandamus or appropriate Writs directions or orders directing the Respondent to consider Ext.P-5 and Ext.P-6 and to release the ornaments pledged vide Ext.P-1 and Ext.P-6, upon closure of loan.”

2. Brief material facts for the disposal of the appeal are as follows:

Appellant has availed two agricultural gold loans from the respondent Bank in the year 2017. But, due to crop failure and fall in the market price for agricultural produce, the appellant could not renew the gold loan accounts. Thereupon, the Bank issued Exhibits P3 and P4 demand notices intimating the appellant that the gold will be auctioned on 15.02.2019 if the account is not closed within 15 days from the date of receipt of the notices. When the appellant approached the respondent Bank for closing the gold loan accounts, they informed him that even if the loan accounts are closed, they will not

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