Jansi Rani vs The Branch Manager, Canara Bank, Sivakasi Branch, Virudhunagar District

Headnote Court Copy Facts Arguments Court observation Judicial Analysis Case Map Category Hierarchy Table of Content

2026 Supreme(Online)(Mad) 26248

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Hemant Chandangoudar, J
Jansi Rani – Appellant
Versus
The Branch Manager, Canara Bank, Sivakasi Branch, Virudhunagar District – Respondent
W.P(MD)No.19013 of 2025

Important Points

Public notice substitutes for unobtainable Non-Traceable Certificate from untraceable non-claiming party for releasing pledged assets post-loan repayment.

Subject

Civil - Banking and Finance

Act Referred

Constitution of India: S.226

Headnote

The petitioner filed a writ petition under Article 226 of the Constitution challenging a bank communication requiring a Non-Traceable Certificate for the mother-in-law to release gold jewellery pledged by her deceased husband, despite full loan repayment. The court found the bank's insistence unreasonable given the mother-in-law's untraceability and lack of claim. Directions issued for public notice and release upon no objections. Issue: Whether the bank can refuse release of pledged jewellery without a Non-Traceable Certificate from a non-claiming co-owner. Ratio: Public notice in newspaper suffices as substitute for unobtainable consent or certificate from untraceable party, ensuring due process before release. Writ petition disposed with directions for publication of public notice, release of jewellery if no objections within seven days, subject to indemnity bond, to be completed within four weeks.

Advocates:
For Petitioner: M/s.D.S.Haroon Rasheed
For Respondent-1: Mr.C.Karthik Standing Counsel
For Respondent-2:Mr.S.Kameswaran Government Advocate

Table of Content
1. bank demands non-traceable certificate despite loan repayment. (Para 1 , 2 , 3)
2. public notice enables jewellery release with indemnity. (Para 4 , 5)

O R D E R

The petitioner challenges the communication dated 19.06.2025 issued by the first respondent-Bank.

2. By the said communication, the petitioner has been called upon to submit a Non-Traceable Certificate in respect of her mother- in-law for the purpose of releasing the gold jewellery pledged by her deceased husband.

3. The petitioner’s husband had availed a loan by pledging gold jewellery. After his demise, the petitioner has repaid the entire loan amount. However, the first respondent-Bank has refused to release the pledged gold jewellery, insisting on production of a Non-

Traceable Certificate in respect of the petitioner’s mother-in-law. The petitioner states that her mother-in-law is not traceable and, therefore, no objection cannot be obtained from her. It is also stated that the mother-in-law has not made any claim with the Bank in respect of the pledged gold jewellery.

4. In the above circumstances, this writ petition is disposed of with the following directions:

(i) The petitioner shall cause a public notice to be published, in the name of the first respondent-Bank, in a daily newspaper having wide circulation in the locality, inviting objections, if any, in respect of the release of the pledged gold jewellery;

(ii) Upon such publication, if no objection is received from the petitioner’s mother-in-law within seven days from the date of publication , the first respondent-Bank shall release the gold jewellery pledged by the petitioner’s deceased husband to the petitioner;

(iii) The release shall be subject to the petitioner furnishing an indemnity bond to the satisfaction of the first respondent-Bank.

5. The above exercise shall be completed within a period of four (4) weeks from the date of receipt of a copy of this order. No costs.