Writ petition challenging auction notice for pledged jewels disposed of with direction to petitioner to clear the jewel loan by 30.03.2025, allowing bank to hold jewels in double locker until other pending loans are also settled.
Direction issued for redemption of jewels subject to clearance of pending loans.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(MD)No.30625 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.01.2025
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD)No.30625 of 2024 and
W.M.P.(MD)Nos.25712 & 25713 of 2024
T.Mohanraj
... Petitioner
Vs.
... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned auction sale notice nil dated issued by the 2nd respondent in a Tamil daily and quash the same as illegal and consequently, direct the respondents to permit the petitioner to redeem the jewels weighing of 111.300 grams that was pledged in the 2nd respondent bank vide jewel loan account Nos. 181020872574 and 180213024941 dated 23.08.2023 and return the said jewels to the petitioner forthwith by receiving the principal and interest amount based on the representation of the petitioner dated 15.11.2024.
W.P.(MD)No.30625 of 2024
For Petitioner : Mr.A.Mohan For Respondents : Mr.C.Deepak Standing Counsel
ORDER
This matter is posted today before this Court under the caption “For Being Mentioned ” at the instance of the learned Counsel appearing for the petitioner.
2. This Writ Petition has been filed challenging the auction sale notice
nil dated issued by the 2 nd respondent in a Tamil daily for auctioning the jewelry mortgaged by the petitioner and consequently, direct the respondents to permit the petitioner to redeem the jewels weighing of 111.300 grams that was pledged in the 2 nd respondent bank vide jewel loan account Nos. 181020872574 and 180213024941 dated 23.08.2023.
3. When the matter came up for hearing, the learned Standing Counsel
appearing for the respondent Bank, on instruction, submitted that the petitioner
W.P.(MD)No.30625 of 2024
had availed three other loans apart from the said jewelry loan. Hence, even if the petitioner is inclined to disburse the jewelry amount in full, the only way out for the respondent Bank is to secure the redeemed jewelry in a double locker maintained in the Bank itself and thereafter, facilitating the petitioner to disburse the other three pending loan accounts in the second respondent Bank. Only after the disbursal of the entire pending loans, the said jewelry would be handed over to the petitioner.
4. Recording the same, this Court hereby direct the petitioner to forthwith disburse the jewelry loan in full on or before 30.03.2025. On receipt of the same, the Bank is at liberty to place the same in a double-locker maintained under the Bank's safe custody until the petitioner disburses the remaining three loans maintained by the respondent Bank and upon full satisfaction of all the other loans, the Bank is duty-bound to hand over the 111.300g of jewelry to the petitioner, which is currently in the custody of the Bank. However, in the event of default by the petitioner in making full satisfaction of the jewelry loan on or before 30.03.2025, the Bank is at liberty to proceed against the petitioner in accordance with law.
W.P.(MD)No.30625 of 2024
5. With the above said direction, this Writ Petition is disposed of. No
costs. Consequently, connected miscellaneous petitions are closed.
23.01.2025
NCC : Yes / No Index : Yes / No jbr
TO :-
4/5
W.P.(MD)No.30625 of 2024
L.VICTORIA GOWRI, J.
jbr
Order made in W.P.(MD)No.30625 of 2024
Dated 23.01.2025
1 issue framed by the court
Whether the petitioner is entitled to redeem the pledged jewels despite outstanding loans with the bank?
1 provisions across 1 enactments
T.Mohanraj
The Regional Manager, Canara Bank, Regional Office, Periyakulam Road, Theni
The Branch Manager, Canara Bank, Sivagangai Branch II, Sivagangai
L.VICTORIA GOWRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
