A borrower challenged the bank's final notice cum jewel auction notice over arrears in a jewel loan and sought instalment-based repayment and release of jewels. The petitioner failed to comply with an interim direction to remit one-third of the loan amount, and the auction had found no bidders.
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2024:MHC:6052
W.P.No.35857 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.02.2024
CORAM :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
W.P.No.35857 of 2023 and W.M.P.No.35850 of 2023
P.Velusamy
.. Petitioner
vs
2.The Branch Manager, Canara Bank, Thungavai Branch, Tirupur District. .. Respondents
Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus to call for the records in Final notice cum jewel auction notice dated 06.12.2023 in Jewel Loan Account No. 180138827193 on the file of the 2nd respondent and quash the same and further direct the 2nd respondent to accept the loan re-payment in three instalments and to release the jewels after receiving jewel loan amount in Jewel Loan Account No. 180138827193.
For Petitioner : Mr.S.C.Vishwanth
For Respondents : Mr.H.Mohamed Hussain
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W.P.No.35857 of 2023
ORDER
The petitioner had availed jewel loan with the Canara Bank, Thungavai Branch, Tirupur District / R2. Admittedly, there are arrears in re-payment of the loan amount.
01.02.2024
Index:Yes/No Neutral Citation:Yes ssm
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W.P.No.35857 of 2023
To
194, TV Samy Road West RS Puram, Coimbatore – 641 002.
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W.P.No.35857 of 2023
DR. ANITA SUMANTH,J.
ssm
W.P.No.35857 of 2023
01.02.2024
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1 issue framed by the court
Whether the jewel auction notice dated 06.12.2023 for non-payment of a jewel loan should be quashed and repayment permitted in three instalments.
1 provisions across 1 enactments
P.Velusamy
The Regional Manager, Canara Bank, Regional Office II, Coimbatore
The Branch Manager, Canara Bank, Thungavai Branch, Tirupur District
Anita Sumanth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
