Madras High Court
Jayaseelan vs The Regional Manager on 7 December, 2023
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
W.P.(MD)No.22247 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.12.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD)No.22247 of 2021
Jayaseelan ... Petitioner
Vs.
1.The Regional Manager,
State Bank of India,
Sripuram,
Tirunelveli.
2.The Branch Manager,
State Bank of India,
Mela Ilanthakulam,
Tirunelveli District.
3.The Sub-Inspector of Police,
Thevarkulam Police Station,
Tirunelveli District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Mandamus, directing the second respondent to allow the
petitioner to redeem the jewels weighing of 175.2 gram vide pledged in the
second respondent's bank vide Loan No.33187631541 by making the payment
of loan amount for a sum of Rs.2,52,000/- along with the interest for a period
from 05.08.2013 to 01.11.2014, on the basis of the petitioner's representation
dated 29.11.2021 in accordance with law.
1/7
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.22247 of 2021
For Petitioner : Mr.M.Karthika
For R-1 and R-2 : Mr.S.Sukumar
For R-3 : Mr.R.Sivakumar
Government Advocate
(Criminal Side)
ORDER
This Writ Petition has been filed for issue of a Writ of Mandamus,
directing the second respondent to allow the petitioner to redeem the jewels by
repaying the loan amount of a sum of Rs.2,52,000/- along with the interest on
the basis of the representation made by the petitioner on 29.11.2021.
2. Heard the learned counsel appearing on behalf of the petitioner, the
learned counsel appearing on behalf of the respondents 1 and 2 and the learned
Government Advocate (Criminal Side) appearing on behalf of the third
respondent.
3. The learned counsel for the petitioner submitted that he had availed a
jewel loan from the second respondent bank and the petitioner was willing to
settle the entire loan amount during the year 2014. However, the second
https://www.mhc.tn.gov.in/judis
respondent informed the petitioner that the third respondent had given a letter
stating that there is a criminal case pending in Crime No.203 of 2014 and during
the pendency of the case, the petitioner will not be allowed to redeem the
jewels.
4. The further case of the petitioner is that the criminal case ended in
acquittal through judgment dated 13.02.2018 made in C.C.No.305 of 2015 by
the Additional Mahila Court, Tirunelveli.
5. The petitioner once again approached the second respondent bank and
sought for redemption of the jewels and the matter was also placed before the
District Legal Services Authority. When a summon was issued to the second
respondent bank, no one appeared on behalf of the second respondent bank and
hence no solution was arrived at before the District Legal Services Authority.
Even thereafter the petitioner was repeatedly making representations for
repayment of the loan with interest for the period from 05.08.2013 to
01.11.2014 and there was no response from the second respondent bank. It is
under these circumstances, the present Writ Petition was filed before this Court.
https://www.mhc.tn.gov.in/judis
6. The learned Standing Counsel appearing on behalf of the second
respondent bank submitted that the second respondent bank was not in a
position to allow the petitioner to redeem the jewels in view of the pendency of
the criminal case in Crime No.203/2014 and in view of the order passed by the
High Court in Crl.OP.(MD).No.19848 of 2014 and a letter received from the
third respondent directing the Bank not to permit the redemption of the jewels.
The learned counsel submitted that the criminal case is over and when the bank
was attempting to settle the dispute, the petitioner is not willing to pay any
interest beyond the year 2014. It is under these circumstances, the issue
remained unresolved and hence there was no occasion for permitting the
petitioner to redeem the jewels. That apart, not a single pie has been paid by the
petitioner till date towards the repayment of the loan.
7. The learned Government Advocate appearing on behalf of the third
respondent submitted that pursuant to the order passed by this Court in
Crl.OP.(MD).No.19848 of 2014, dated 09.02.2015, a letter was issued to the
second respondent bank not to hand over the jewels to the petitioner.
Ultimately, the criminal case itself came to an end on 13.02.2018. Thereafter,
the Police had no role to play in the present case.
https://www.mhc.tn.gov.in/judis
8. This Court has carefully considered the submissions on either side and
materials available on record.
9. The crux of the issue is with regard to the period for which the
petitioner has to pay the interest on the principle amount. According to the
petitioner, he will repay back the entire principle amount with interest for the
period from 05.08.2013 to 01.11.2014. However, the second respondent Bank
is insisting for payment of interest till the settlement of the entire dues. This
issue cannot be gone into in this Writ Petition.
10. In view of the above, there shall be a direction to the second
respondent bank to issue a demand notice to the petitioner by calling upon the
petitioner to repay back the loan amount with interest. If the petitioner is
willing to repay back the amount as demanded by the bank, the petitioner will
be permitted to redeem the jewels. If the petitioner is disputing the interest
claimed by the second respondent bank, it is left open to the petitioner to
negotiate with the second respondent bank and arrive at a settlement.
Thereafter, the jewels can be returned back to the petitioner after the settlement
of the loan. In any case, this process shall be completed within a period of three
(3) months from the date of receipt of a copy of this order.
https://www.mhc.tn.gov.in/judis
11. This Writ Petition is disposed of in the above terms. No costs.
Consequently, connected miscellaneous petition is closed.
07.12.2023
NCC:yes/no
Index:yes/no
Internet:yes/no
Nsr
To
1.The Regional Manager,
State Bank of India,
Sripuram,
Tirunelveli.
2.The Branch Manager,
State Bank of India,
Mela Ilanthakulam,
Tirunelveli District.
3.The Sub-Inspector of Police,
Thevarkulam Police Station,
Tirunelveli District.
https://www.mhc.tn.gov.in/judis
N.ANAND VENKATESH, J.
Nsr
07.12.2023
https://www.mhc.tn.gov.in/judis
