Manjula Devi vs The Regional Officer
2024 Latest Caselaw 18320 Mad

Madras High Court

Manjula Devi vs The Regional Officer on 13 September, 2024

Author: N.Sathish Kumar

Bench: N.Sathish Kumar

                                                                              W.P(MD)No.20089 of 2024


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 13.09.2024

                                                     CORAM :

                              THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

                                          W.P(MD)No.20089 of 2024


                Manjula Devi                                             ... Petitioner
                                                       Vs.

                1.The Regional Officer,
                  State Bank of India,
                  Madurai.

                2.The Branch Manager,
                  Oomatchikulam Branch,
                  State Bank of India,
                  Madurai.                                              ... Respondents

                PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
                praying this Court to issue a Writ of Mandamus, to direct the second respondent
                forthwith return the jewellery pledged vide jewel loan Accounts Nos.
                41803222267, 42064325569, 42097795569 and 42097809936 by considering
                the petitioner's representation dated 25.07.2024.


                                    For Petitioner     : Mr.M.Jegadeesh Pandian

                                    For Respondents : Mr.V.P.Rajan




https://www.mhc.tn.gov.in/judis
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                                                                                       W.P(MD)No.20089 of 2024




                                                           ORDER

This writ petition has been filed to direct the second respondent

forthwith return the jewellery pledged vide jewel loan Accounts Nos.

41803222267, 42064325569, 42097795569 and 42097809936 by considering

the petitioner's representation dated 25.07.2024.

2. The case of the petitioner is that the petitioner's son had married

one Rukmani on 01.06.2012. They have a girl child, namely, Janani, who born

on 05.02.2023. Thereafter, duo to some misunderstanding, both of them have

filed divorce petitions separetely in HMOP.No.807 of 2015 and HMOP.No.798

of 2015 before the Family Court, Madurai. The petition filed by Rukmani in

HMOP.No.798 of 2015 was allowed on 20.01.2016. From the date of divorce,

the child is residing with her mother. No appeal has been filed as against the

judgment of divorce and it becomes final. Thereafter, the petitioner's availed

loan for the purpose of business needs by pleading the jewels of the petitioner

with the second respondent/bank from 03.04.2023 to 19.07.2023. The details

of the jewels read as follows:

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

Sl. Jewel Account No. Date Pledging Pledged amount No.

1. 41803222267 03.04.2023 Rs,2,88,000/-

2. 42064325569 07.07.2023 Rs.1,46,000/-

3. 42097795569 19.07.2023 Rs.2,73,000/-

4. 42097809936 19.07.2023 Rs.3,00,000/-

3. The petitioner's son unfortunately died on 03.01.2024. Hence, the

petitioner sought to redeem the jewels and she has also paid the entire amount.

But, the jewels has not been returned to her so far. Hence, she has filed this

writ petition.

4. The learned counsel for the respondents would submit that if the

petitioner executes the indemnity bond, they will release the jewels to her.

5. It is also suggested that since the petitioner's grand-daughter is

living with her mother, she may also be given some jewels. The learned counsel

for the petitioner submits that the petitioner is ready to give her jewel of 'Thali

Chain' pledged in Sl.No.4, jewel account number. The said statement is

recorded.

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

6. In view thereof, the petitioner is directed to execute an indemnity

bond to the second respondent. On receipt of such indemnity bond, the second

respondent is directed the return the jewels to the petitioner.

7. With the above direction, the Writ Petition is disposed of. No

costs.

                                                                                       13.09.2024

                NCC           : Yes / No
                Index         : Yes / No
                Rmk

                To

                1.The Regional Officer,
                  State Bank of India,
                  Madurai.

                2.The Branch Manager,
                  Oomatchikulam Branch,
                  State Bank of India,
                  Madurai.




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






                                   N.SATHISH KUMAR, J

                                                           Rmk









                                                  13.09.2024



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