ORDER

The petitioner has filed the Writ Petition seeking issuance of a Writ of Mandamus, directing the second respondent to return and hand over the jewels in connection with Loan Account Number 005332028007355 to the petitioner by considering the petitioner's representation, dated 15.12.2023 within the stipulated time fixed by this Court.

2. The learned counsel appearing for the petitioner would submit that the marriage between the petitioner and one Pushpalatha was solemnized and they have two children. Due to financial crisis, the petitioner had requested some money from his friend namely Loganathan. Since his friend had no money, however, he helped him by providing his two gold chain weighing about 96 Grams 200 ML to meet out his financial crisis. The said jewel was pledged in his wife's name Pushpalatha on 11.03.2020 in Loan Account No. 005332028007355. All of a sudden, his wife was found missing from 11.09.2020. The petitioner has made a complaint before the third respondent on 11.09.2020. Based on his complaint, the third respondent has registered a FIR in Crime No.1567 of 2020 as “Woman Missing” he is not able to find his wife and his wife was eloped with another man. The second respondent instructed to take back the jewels in connection with Loan Account No. 005332028007355. Since the jewels are belonged to his friend, immediately, he had arranged the money and he had paid the same to the second respondent. After payment of money, he had requested to the second respondent to return the jewels. But the second respondent informed that the presence of his wife is necessary to return back the jewels. Since his wife was missing on 11.09.2020 and he don't know her whereabouts till date. Therefore, he had sent a representation to the respondents on 15.12.2023 and requested to return back the jewels. The petitioner has also informed that he is ready to execute necessary bonds if any required by the bank. But so far the jewels are not returned and there is no steps taken by the respondents. The petitioner is the husband of borrower and the entire loan amount along with interest was paid and moreover, the borrower is not available hence, the petitioner is entitled to return back the jewels. Hence, having no effective and efficacious alternative remedy, he has constrained to approach this Court.

3. The learned Standing Counsel appearing for the respondent Bank would submit that if the petitioner filed the indemnity bond, they will release the jewels, otherwise, the problem will arose.

4. In view of the above, the petitioner is directed to file the indemnity bond and after receiving the indemnity bond, the respondent bank shall return the jewels by following the procedures. If the petitioner's wife creates any problem in future regarding the jewels, the petitioner shall approach the competent forum and the bank is not answerable and not to be held liable. 5. With the above direction, the writ petition stands disposed of. No costs.

Index :Yes/No Internet :Yes/No 06.02.2024 am V.BHAVANI SUBBAROYAN , J .

am

06.02.2024