R.DurgaDevi Vs The Regional Manager

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to handover the Jewels pertaining to Jewel Loan Account No.180268730010 on the payment of loan due the bank and on execution of indemnity bond by the petitioner based on the petitioner's representation dated 14.08.2025.

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For Petitioner : Mr.N.Anandakumar

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For Respondents : Mr.V.Balasubramanian Standing Counsel

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.26533 of 2025

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ORDER

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The petitioner seeks issuance of a Writ of Mandamus to direct the respondents to hand over the jewels pertaining to Jewel Loan Account No. 180268730010 on payment of the loan due to the bank and upon execution of an indemnity bond by the petitioner, based on her representation dated 14.08.2025.

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According to the petitioner, the jewels originally belong to her mother and were pledged by her father. It is stated that her father has not been traceable for the past 11 months, and because of his absence, the petitioner is unable to redeem the jewels from the bank, though she is ready and willing to repay the entire loan amount.

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The learned counsel appearing for the petitioner submits that since the petitioner’s mother is the real owner of the jewels and the petitioner is willing to execute an indemnity bond, the bank may be directed to release the jewels in her favour.

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On the other hand, the respondent bank contends that the jewels were pledged by the petitioner’s father, who is the account holder, and as per the terms of the loan agreement, the bank can release the pledged articles only to the pledger or to a person duly authorized by him. In the

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.26533 of 2025

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absence of the pledger, the bank cannot part with the jewels to any third party without proper authorization or legal order.

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This Court is of the view that the relationship between the petitioner’s father and the respondent bank arises out of a contractual transaction. The right to redeem the jewels vests with the pledger, and unless the petitioner establishes her legal entitlement either through appropriate civil proceedings or by obtaining an order from a competent civil court, this Court cannot, in exercise of its writ jurisdiction under Article 226 of the Constitution of India, issue a mandamus to the bank to hand over the pledged jewels. The petitioner, however, is at liberty to work out her remedy before the competent civil forum to establish ownership over the jewels and seek appropriate directions for redemption.

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In view of the above observations, the respondent bank shall hand over the jewels only when the person who had pledged them appears in person before the bank and after due verification of identity.

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