Partly allowed

Alagammal.G v. the Chairman

Madras HC21 Apr 2021WP(MD)/5215/2021

Case brief

AI extract

What is this about?

The Court directed a bank to return genuine jewels pledged for loans upon full payment of outstanding dues. For spurious jewels found in another account, the court required the petitioner to furnish a fixed deposit receipt for the specific outstanding amount, allowing the bank to exercise a general lien or accept alternative security.

What did the court decide?

Directed the third respondent Bank to return genuine jewels upon full payment of outstanding dues for those accounts. For spurious jewels, the petitioner must furnish a Fixed Deposit receipt as securi

Alagammal.G Vs the Chairman — Service and Employment | Madras HC (2021)

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W.P(MD)No.5215 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.04.2021 CORAM:

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THE HONOURABLE MR.JUSTICE ANAND VENKATESH W.P(MD)No.5215 of 2021 and W.M.P(MD)No.4175 of 2021

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G.Alagammal ... Petitioner vs. 1.The Chairman, Indian Overseas Bank, Central Office, 763, Annasalai, Chennai – 600 002. 2.The Regional Manager, Indian Overseas Bank, D.No.65/A, 1^st and 3^rd Floor, Shanmugham Complex, East Car Street, Tuticorin. 3.The Branch Manager, Indian Overseas Bank, Kadaladi Branch, Kadaladi, Ramanathapuram District. 4.Shanmugapandi, Appraiser, Indian Overseas Bank, Kadaladi Branch, Kadaladi Post, Ramanathapuram. ... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to receive actual two loan jewel amount and to return the pledged by the petitioner in Agriculture Jewel Loan 1) No.2800002679 for Rs.1,00,000/-, dated 15.10.2019, two items and 2) Loan Account No.280002725 for Rs.58,000/- dated 03.12.2019, two items in the third respondent on the basis of the petitioner's representation dated 23.01.2021.

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For Petitioner : Mr.K.Guruchev For Respondents : Mr.N.Dilip Kumar

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

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W.P(MD)No.5215 of 2021

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ORDER

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This Writ Petition has been filed for the issue of a Writ of Mandamus, directing the respondents 1 to 3 to receive the actual loan amount and to return the jewelry pledged by the petitioner.

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2.The case of the petitioner is that she had pledged her jewels for the purpose of getting a jewel loan in the third respondentBank. The petitioner approached the third respondent-Bank to redeem the jewels and the petitioner was informed that in one of the jewel loan that was availed, the jewels that were pledged was found to be fake/spurious.

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3.The petitioner gave a representation to the respondents requesting to receive the loan amount insofar as two jewel loans are concerned and to permit the petitioner to redeem those jewels which are found to be genuine. Since the same was not considered, the present Writ Petition has been filed before this Court seeking for appropriate direction.

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4.Heard Mr.K.Guruchev, learned counsel appearing for the petitioner and Mr.N.Dilip Kumar, learned counsel appearing for the respondents.

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5.A similar issue was dealt with by this Court in W.P(MD) No.17731 of 2020 and an order was passed on 07.12.2020. This Court, after taking into consideration the facts and circumstances of the case, directed the respondent Bank to return the genuine jewels which were pledged while availing the loans subject to the condition that those loan amounts are paid. This Court further directed the petitioners therein to furnish Fixed Deposit as security for the spurious jewels.

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6.The learned counsel appearing on behalf of the respondents submitted that a similar order can be passed in the present Writ Petition also.

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7.The learned counsel appearing on behalf of the respondents has provided a tabulation of the loan amounts availed by the petitioner and the loans for which the genuine jewels were pledged and the loan amount for which the jewel was found to be spurious and for proper appreciation, the same is extracted herein:-

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S. No .	Case No.	Origina l/ Spuriou s	A/C No.	Loan Amount	Outstanding amount
1.	W.P(MD) No.5215/2 021	Spuriou s	214001328	Rs.96,000/ -	Rs.1,07,500/-
		Origina l	280002579	Rs.1,00,00 0/-	Rs.1,04,000/-
		Origina l	280002725	Rs.58,000/ -	Rs.63,800/-

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W.P(MD)No.5215 of 2021

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8.In view of the above, there shall be a direction to the third respondent-Bank to return the genuine jewels that were pledged while availing the jewel loan on the condition that the petitioner pays the entire outstanding dues that was taken as jewel loan towards those two loan accounts. Insofar as the loan towards which it was identified that the jewel that was pledged was spurious, the petitioner shall furnish a Fixed Deposit receipt as security for a sum of Rs.1,07,500/-. The third respondent Bank is authorized to exercise general lien over the said Fixed Deposit receipt.

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9.It is also made clear that the petitioner is at liberty even to substitute the security by way of immovable or movable properties and it is left open to the third respondent Bank to consider as and when any such request is made.

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10.This Writ Petition is disposed of with the above directions. No costs.

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Sd/Assistant Registrar (CS-III)

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// True Copy //

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/ /2021 Sub Assistant Registrar(CS)

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Note :

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In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned. To

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1.The Chairman, Indian Overseas Bank, Central Office, 763, Annasalai, Chennai – 600 002. 2.The Regional Manager, Indian Overseas Bank, D.No.65/A, 1^st and 3^rd Floor, Shanmugham Complex, East Car Street, Tuticorin.

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W.P(MD)No.5215 of 2021

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3.The Branch Manager, Indian Overseas Bank, Kadaladi Branch, Kadaladi, Ramanathapuram District. +1 CC to M/s.N.DILIPKUMAR, Advocate ( SR-17093[F] dated 22/04/2021 )

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W.P(MD)No.5215 of 2021 21.04.2021

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RK (29.04.2021) 4P 5C

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Alagammal.G v. the Chairman

Case brief

What is this about?

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Alagammal.G v. the Chairman

Case brief

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