Dismissed

S.Saravanan, v. the Regional Manager

Madras HC21 Feb 2019WP(MD)/3687/2019

Case brief

AI extract

What is this about?

Writ petition filed to direct release of pledged jewels upon remittance of a sum of Rs.1,31,000/- within a fixed time. Court allowed undertaking to be given to the bank, reiterated right of lien, and disposed of the petition without costs.

What did the court decide?

Petition dismissed upon petitioner's undertaking to remit dues; rights of bank regarding lien explicitly stated; no costs awarded.

S.Saravanan, Vs the Regional Manager — Contract and Commercial Disputes | Madras HC (2019)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 21.02.2019

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CORAM :

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

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WP(MD)No.3687 of 2019

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and

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WMP(MD)No.2903 of 2019

S.Saravanan

... Petitioner

Vs.

1.The Regional Manager, Regional Officer, Vijaya Bank, P.B.No.514, 123, Dugar Towers,

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R.L.Road, Egmore,

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Chennai – 600 008.

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2.The Manager, Vijaya Bank, Devakottai Branch,

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Door No.279, Sri Meenakshi Complex, Thirupathur Road, Devakottai, Sivagangai District. ... Respondents

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PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to release and hand over the petitioner's jewels pledged before him in Jewel Loan Account Nos.306707051012111 and 3060707051011468 after receiving the pending due amount from the petitioner within a stipulated time fixed by this Court.

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For Petitioner : Mr.C.Jeyaprakash For Respondents : Mr.K.Muralidharan

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ORDER

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Heard the learned counsel on either side.

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2.The petitioner's counsel on instructions from the petitioner states that he would remit a sum of Rs.1,31,000/- on 22.02.2019 at 10.30 A.M towards liquidating his liability under the jewel loan account. If the petitioner makes the remittance as undertaken now, the petitioner's jewels will not be auctioned by the respondents bank.

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3.The learned standing counsel for the bank is directed to inform the second respondent accordingly. It is made clear that the right of lien can be exercised by the bank and the bank can always take a stand that unless the loan availed by the petitioner https://hcservices.ecourts.gov.in/hcservices/ is cleared, the pledged jewels will not be returned.

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4.Accordingly, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

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Assistant Registrar (CS-I)

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// True Copy //

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Sub Assistant Registrar(CS)

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Skm

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+1CC TO MR.K.MURALIDHARAN, Advocate Sr. No. 48968

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WP(MD)No.3687 of 2019 21.02.2019 TR (28.03.2019) 2P 2C

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https://hcservices.ecourts.gov.in/hcservices/

S.Saravanan, v. the Regional Manager

Case brief

What is this about?

What did the court decide?

S.Saravanan, v. the Regional Manager

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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