Gireesh Kumar vs The Branch Manager
2024 Latest Caselaw 32374 Ker

Kerala High Court

Gireesh Kumar vs The Branch Manager on 8 November, 2024

Author: V.G.Arun

Bench: V.G.Arun

WP(C) No.39319/2024                           1/2

                       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
                          THE HONOURABLE MR.JUSTICE V.G.ARUN
               Friday, the 8th day of November 2024 / 17th Karthika, 1946
                               WP(C) NO. 39319 OF 2024(L)

   PETITIONER:


          GIREESH KUMAR, AGED 45 YEARS, S/O PADMANABHAN, 483A SREEGAYATHRI,
          PALLIPADY, PANAYIKULAM, ALANGADU, ERNAKULAM DISTRICT, PIN - 683511


   RESPONDENTS:


       1. THE BRANCH MANAGER, INDIAN BANK, KALAMASSERY BRANCH, KALAMASSERY,
          ERNAKULAM, PIN - 682022
       2. THE ZONAL MANAGER, INDIAN BANK, ZONAL OFFICE, CHITTOOR ROAD,
          VALANJAMBALAM, KOCHI , PIN - 682016


        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to direct the respondents to permit the petitioner to close the
   gold loan No: 7520318828 and to transfer the amount in S B account No:
   6065481617 and C account No: 6423784173 of the petitioner to OD/CC account
      (as sought in Ext.P 3), pending disposal of the above writ petition.


        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S.K.ANAND, BENNY ANTONY PAREL, AMEER SALIM, RAMSHAD K.R., SNEHA J.,
   SANDRA ANIL, ALEENA C. BABU Advocates for the petitioner and of STANDING
   COUNSEL for the respondents, the court passed the following:

                                          ORDER

Admit. Learned Standing Counsel takes notice for the respondents.

In the light of the binding declaration of law in the judgment in W.A.No.656 of 2013, that gold pledged for raising the loan as gold loan cannot be the subject matter of Banker's general lein, there shall be an interim order directing respondents to release the pledged gold to the petitioner, on the petitioner remitting the amount due under the gold loan account.

Post on 26-11-2024.

Sd/- V.G.ARUN JUDGE

08-11-2024 /True Copy/ Assistant Registrar

APPENDIX OF WP(C) 39319/2024 Exhibit P3 TRUE COPY OF THE E-MAIL COMMUNICATION SENT BY THE PETITIONER TO THE RESPONDENT BANK AS WELL AS THE ZONAL OFFICE