Selvarani v. The Chief General Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.02.2024

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

1. Selvarani

2. Hariharan

3. Gopikrishnan ... Petitioners Vs.

1. The Chief General Manager, State Bank of India, Circle Top House, Aparna Complex, Post Box No.737, 16, College Roadm Greames Road, Near Sankara Nethralaya, Chennai - 600 006.

2. The Zonal Manager, State Bank of India, Zonal Office, Thanjavur Road, Malaiyappa Nagar, Trichy - 620 010.

3. The Chief Manager, State Bank of India, Mela Agraharam Street, Trichy Main Road, Ariyalur Branch, Ariyalur Town, Ariyalur District - 621 704.

... Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 3rd Respondent herein to return and hand over the gold jewels to the Petitioners herein which were pledged by the 1st Petitioner's deceased husband namely Vaithiyanathan and father of the other petitioners 2 and 3 herein in the jewel loan account number in AJL No. 11164733224, 11164730325 and 11164730336 of the 3rd Respondent Bank within a stipulated time as that may be fixed by this Honourable Court.

For Petitioner : Mr.R.Boopathy

O R D E R

This Writ Petition has been filed for directing the 3rd Respondent herein to return and hand over the gold jewels to the Petitioners herein which were pledged by the 1st Petitioner's deceased husband namely Vaithiyanathan and father of the other petitioners 2 and 3 herein in the jewel loan account number in AJL No. 11164733224, 11164730325 and 11164730336 of the 3rd Respondent Bank.

2. Jewel loans are granted by the Banks on terms and conditions and based on the agreement between the parties. Such contractual obligations

aggrieved between the parties cannot be adjudicated in a writ proceedings. Therefore, the petitioner has to approach the respondents or the competent Court or as the case may be for the purpose of redressal of his grievances. Contrarily, High Court in a writ proceedings cannot adjudicate such contractual matters relating to jewel loans granted by the Banks based on terms and conditions.

3. Thus granting such liberty, the Writ Petition stands disposed of. No costs.

09.02.2024 skr Index : Yes To

1. The Chief General Manager, State Bank of India, Circle Top House, Aparna Complex, Post Box No.737, 16, College Roadm Greames Road, Near Sankara Nethralaya, Chennai - 600 006.

2. The Zonal Manager, State Bank of India, Zonal Office, Thanjavur Road, Malaiyappa Nagar, Trichy - 620 010.

3. The Chief Manager, State Bank of India, Mela Agraharam Street, Trichy Main Road,

Ariyalur Branch, Ariyalur Town, Ariyalur District - 621 704.

S.M.SUBRAMANIAM, J.

skr 09.02.2024