B.Ambujam v. The Regional Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P. No. 13753 of 2023 P.Ambujam ... Petitioner Vs.

1. The Regional Manager, UCO Bank, zoanl Office, Thambu Chetty Street, Chennai-1.

2. The Branch Manager, UCO Bank, Periyar Nagar North, Vridhachalam Branch, Cuddalore District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent to release the articles to the nominee entered in Loan Accounts bearing JL.No.24970610094877 and JL.No.4970610098196 respectively from the second respondent bank along with 18% interest of the vale of Gold pledged from the date of remittance of loan amount. For Petitioner :

Mr.Krishnasamy Chinnasamy

O R D E R

The Writ Petition has been filed seeking a direction to the respondent to release the articles to the nominee entered in Loan Accounts bearing JL.No.24970610094877 and JL.No.4970610098196 1/4

respectively from the second respondent bank along with 18% interest of the vale of Gold pledged from the date of remittance of loan amount.

2. It is the case of the petitioner that she is the senior citizen and her husband pattusamy opened an account in the second respondent Bank and he availed gold loan for an amount of Rs.2,01,000/- Subsequently, due to illness, he died on 14.05.2019. After demise of her husband, the petitioner settled with the second respondent bank. However, the second respondent has not released the mortgaged articles. Hence, the petitioner has made a representation on 16.12.2022 to the first respondent to release the articles to the petitioner who is the nominee of the deceased husband and no action is taken so far. Hence, the present writ petition.

3. The learned counsel for the petitioner submitted that this Court may issue a direction to the second respondent to consider the petitioner's representation and pass appropriate orders within the stipulated time as fixed by this Court.

4. Heard the learned counsel for the petitioner and perused the 2/4

materials available on record. Since no adverse orders are passed against the respondents and hence, notice to the respondents is dispensed with.

5. Considering the facts and circumstances of the case and having regard the submissions made by the learned counsel on either side, this Court directs the second respondent to consider the representation of the petitioners' dated 16.12.2022 and pass orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

6. With the above direction, the writ petition stands disposed of. No costs.

28.04.2023 rli Index : Yes/No Internet : Yes/No M.DHANDAPANI,J 3/4

rli To

1. The Regional Manager, UCO Bank, zoanl Office, Thambu Chetty Street, Chennai-1.

2. The Branch Manager, UCO Bank, Periyar Nagar North, Vridhachalam Branch, Cuddalore District.

W.P. No. 13753 of 2023 Dated : 28.04.2023 4/4