V.Amudha v. The Branch Manager
Case brief
What is this about?
In a writ petition challenging an impugned communication rejecting the petitioners request for return of pledged jewels, the High Court directed the respondent to issue notice to all legal heirs of the deceased borrower.
What did the court decide?
Directions to issue notice to all legal heirs for their consent for return of pledged jewels within one week, followed by final order within four weeks.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.06.2022
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.NO.4020 OF 2022
V.Amudha
... Petitioner
Vs.
The Branch Manager Indian Bank, Neelankarai Branch, No.112, ECR Road, Neelankarai, Chennai – 600115.
... Respondent
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned communication dated 23.09.2021 issued by the respondent and to quash the same, consequently direct the respondent to return the jewels corresponding to jewel loan account Nos.6876245033 and 6890594448 pledged by late V.Vinoth Kumar (Son of the petitioner) who died on 21.09.2020 based on the payment made by the petitioner dated 28.08.2021 without insisting the signature from S.Sangeetha for guardian of minor Nikhilesh Karthikeyan forthwith.
Issues for consideration
2 issues framed by the court
Whether the respondent bank should return the pledged jewels without the consent of all legal heirs of the deceased borrower.
Whether the petitioner, as a survivor, can obtain the pledged jewels by offering consent from the minor legal heir alone.
Parties & counsel
- petitioner
V.Amudha
- respondent
The Branch Manager Indian Bank, Neelankarai Branch
Coram
Abdul Quddus
Case details
As recorded by the court registry
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