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CDJ 2026 MHC 4416 My Notes print Preview print print
Court : Before the Madurai Bench of Madras High Court
Case No : W.P. (MD) No. 14339 of 2026 & W.M.P. (MD) No. 10765 of 2026
Judges: THE HONOURABLE MR. JUSTICE HEMANT CHANDANGOUDAR
Parties : R. Vijayalakshmi Versus The Banking Ombudsman, Reserve Bank of India, Chennai & Others
Appearing Advocates : For the Petitioner: R.R. Kannan, Advocate. For the Respondents: R2 & R3, P. Pethu Rajesh, Advocate.
Date of Judgment : 17-06-2026
Head Note :-
Constitution of India - Article 226 -
Judgment :-

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to impugned order of the third respondent in CIN U65110TN1922PLC0001908 dated 15.05.2026 and quash the same as illegal and consequently, to direct the 3rd Respondent to accept the loan amount payment from the petitioner for the jewel loans obtained by R.Praveen Kumar and release the gold jewels to the petitioner within a time frame that may be stipulated by this Court.)

1. The petitioner challenges the communication dated 15.05.2026 issued by the respondent Bank, informing her that the loan account of her deceased son had become overdue and that the pledged gold jewels were liable to be proceeded against, including by way of auction, in accordance with the terms of the loan agreement.

2. Heard Mr. R.R. Kannan, learned counsel for the petitioner, and Mr. P. Pethu Rajesh, learned counsel appearing for respondents 2 and 3.

3. By an interim order dated 27.05.2026, a Co-ordinate Bench of this Court granted interim protection subject to the petitioner paying the entire outstanding loan amount together with accrued interest within two weeks. Pursuant to the said order, the petitioner has discharged the entire loan liability of her deceased son and has produced receipts issued by the respondent Bank evidencing payment of the dues in all four loan accounts.

4. However, the respondent Bank has not released the pledged gold jewels on the ground that the petitioner has not produced a legal heir certificate in respect of her deceased son.

5. The petitioner has produced an affidavit sworn by Mrs. M. Ramalakshmi, the wife of the deceased son, stating that she has no objection to the release of the pledged jewels to the petitioner after settlement of the loan dues.

6. Learned counsel for the respondent Bank submitted that the pledged jewels would be released only upon production of a legal heir certificate and the consent of all legal heirs.

7. This Court has considered the submissions made on either side.

8. The materials on record show that the deceased borrower was survived by his mother (the petitioner), his wife, and a minor child, who are his Class-I legal heirs. The petitioner has also undertaken to produce her daughter-in-law before the Bank for recording her consent for release of the jewels.

9. In the above circumstances, the petitioner is entitled to seek release of the pledged gold jewels, since the entire loan liability has already been discharged. However, in order to safeguard the interests of the respondent Bank against any future claims, the petitioner shall produce her daughter-in-law, namely the wife of the deceased borrower, before the third respondent Bank. Upon the daughter-in-law giving her consent and no-objection for release of the jewels in favour of the petitioner, the third respondent shall release the pledged gold jewels to the petitioner.

10. The petitioner and the wife of the deceased borrower shall also execute an indemnity bond indemnifying the respondent Bank against any future claims relating to the jewels. The entire exercise shall be completed within a period of three weeks from the date of receipt of a copy of this order.

11. With the above directions, the writ petition stands disposed of.

12. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

 
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