Rajammal v. The Branch Manager

ORDER Heard the learned counsel on either side.

¶2One Subbiah had availed jewel loan from the respondent bank. He passed away. The petitioner is his wife. When she sought redemption of the jewels, the bank had insisted that the petitioner must obtain No Objection from all the other legal heirs. Since during the relevant time, the sons of the deceased borrower were abroad, the present writ petition came to be filed.

¶3The stand taken by the bank cannot be faulted.

¶4The learned counsel appearing for the petitioner states that she would comply with all the banking formalities. The moment the petitioner is able to produce No Objection letters from the other legal heirs and the respondent is also satisfied about their genuineness, the pledged jewels shall be returned to the petitioner without delay. The petitioner has to necessarily comply with all the necessary banking formalities such as execution of indemnity bond.

¶5The Writ Petition is disposed of accordingly. No costs.

17.07.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi

G.R.SWAMINATHAN, J. rmi

17.07.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.07.2023 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Rajammal ... Petitioner Vs. The Branch Manager, Indian Overseas Bank, NO.107/4 Main Road, Avanathankottai Post, Aranthangi Taluk, Pudukkottai District. ... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondent to release the jewels pledged by the petitioner's husband late Subbaiah to the petitioner at once. For Petitioner : Mr.P.Gnanapathi Subramanian For Respondent : Mr.N.Dilipkumar