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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI, J
Mr.N.Sathish Kumar – Appellant
Versus
The Branch Manager Tamilnadu Grama Bank, Erode Branch – Respondent
| Table of Content |
|---|
| 1. summary of petitioner's claim regarding the return of pledged jewelry. (Para 1 , 2 , 3) |
| 2. discussion on the inquiries and required documentation for returning jewelry. (Para 4 , 5) |
| 3. court's directive for future inquiries and actions by the bank. (Para 6) |
| 4. final disposition of the writ petition. (Para 7) |
ORDER
This Writ Petition has been filed seeking a direction to the respondents to return the jewels pledged in Account Nos. 10107968477, 0124556145 and 10124555186 and impose monetary penalty for the misconduct of the respondents.
2. Heard the learned counsels appearing on either side.
3. It is the case of the petitioner that the petitioner obtained loan in his mother’s name by pledging gold jewels weighing about 60.6 grams and 48.05 grams & 32.2 grams with the first and second respondent and obtained loan amount to the tune of Rs.2,25,000/- [Rs.1,00,000+Rs.1,00,000+Rs.25,000] on 17.06.2020 and 29.01.2021 respectively. While so, his mother and father passed away on 17.05.2021 and 29.09.2021 respectively leaving behind the petitioner and his sisters as legal heirs. The petitioner had repaid the aforesaid loan amounts to the first and second respondent on 13.12.2021 and 18.10.2022 respectively. However, the jewels were not returned to the petitioner and hence, he sent notice to the respondents, for which the second respondent sent a reply stating to provide death and legal heir certificates and no objection certificates from other legal heirs. Aggrieved over the same, the present Writ Petition.
4. The learned counsel for the petitioner submitted that this Court may issue a direction to the second respondent to issue notice to the petitioner as well as the other legal heirs and to conduct enquiry and to pass appropriate orders. He further submitted that the petitioner is ready to furnish indemnity bond to the respondents.
5. The learned counsel for the respondents 1 and 2 submitted that the petitioner along with the other legal heirs has to appear in person before the respondents and on hearing them, appropriate orders will be passed by the respondents.
6. In view of the submissions made by the respective learned counsels, this Court directs the petitioner and other legal heirs to appear before the concerned respondent in person and co-operate with them for enquiry and after hearing them, the respondent concerned shall pass appropriate orders in the subject issue, in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.
7. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs.
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