2024:MHC:1834 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 08.04.2024 CORAM THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.4586 of 2024 R.Rajeswari ... Petitioner Vs.

1.The Deputy Chief Officer, Reserve Bank of India, Dept of Banking Operations and Development, Fort Glacis, Chennai.

2.The Chairman and Managing Director, The Federal Bank Limited, Aluva, Kochi, Kerala State.

3.The Regional Manager, The Federal Bank Limited, Regional Office, Coimbatore.

4.The Branch Manager, The Federal Bank Limited, Papanayakkanpalayam Branch, Coimbatore. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 30.01.2024 and consequently directing the 4^th respondent to release all the jewels to the petitioner, which were pledged by the said B.Rajaravindran, upon payment of loan amount and interest upto date.

For Petitioner : Mr.P.N.Satagopan For R1 to R3 : No Appearance For R4 : Mr.A.V.Radha Krishnan

O R D E R

The relief sought for in the present writ petition to direct respondents to consider the petitioner's representation dated 30.01.2024 and consequently direct the 4^th respondent to release all the jewels to the petitioner, which were pledged by the said B.Rajaravindran, upon payment of loan amount and interest upto date.

2. It is not in dispute that the husband of the petitioner is the account holder borrowed jewel loan from the Federal Bank Limited, Papanayakkanpalayam Branch, Coimbatore. Unfortunately, the borrower, who is the husband of the petitioner fell in coma and not yet recovered. The husband of the petitioner is unable to operate the accounts and therefore, the petitioner along with her daughter submitted a representation to the Bank to redeem the Jewels by clearing the loan dues.

3. The respondent / Bank admitted the fact that the petitioner is the nominee, but the borrower is still alive and therefore, the Bank is not in a position to return back the jewels to the petitioner.

4. This Court is of the considered opinion that the borrower is none other than the husband of the petitioner. The petitioner along with her daughter submitted an application. There is no dispute in respect of the relationship between the petitioner and the borrower. Further, it is not in dispute that the husband of the petitioner is in coma and not in a position to operate the accounts.

5. Under these circumstances, a pragmatic view is to be taken. Since there is no dispute regarding the relationship between the parties and further the petitioner is ready and willing to pay the loan dues, there is no impediment for the Bank to return the jewels on receipt of the loan dues. 6. In view of the facts and circumstances, respondents 2 to 4 are directed to receive the loan dues and return the gold jewellery without causing any undue delay.

7. With the above directions, this Writ Petition stands allowed. No costs.

08.04.2024 Jeni Index : Yes Speaking order Neutral Citation : Yes To

1.The Deputy Chief Officer, Reserve Bank of India, Dept of Banking Operations and Development, Fort Glacis, Chennai.

2.The Chairman and Managing Director, The Federal Bank Limited, Aluva, Kochi, Kerala State.

3.The Regional Manager, The Federal Bank Limited, Regional Office, Coimbatore.

4.The Branch Manager, The Federal Bank Limited, Papanayakkanpalayam Branch, Coimbatore.

S.M.SUBRAMANIAM, J.

Jeni

08.04.2024