J. JAYALAKSHMAMMA Vs. STATE BANK OF INDIA
LAWS(APH)-2019-2-3
HIGH COURT OF ANDHRA PRADESH
Decided on February 06,2019

J. Jayalakshmamma Appellant
VERSUS
STATE BANK OF INDIA Respondents


Referred Judgements :-

BRANCH MANAGER S B I PURI VS. SATYABAN PATHAL [REFERRED TO]


JUDGEMENT

GUDISEVA SHYAM PRASAD - (1.)This writ petition is filed for a writ of mandamus to declare the action of the 2nd respondent in not releasing the gold ornaments pledged by her father late V.Marlpndi Reddy vide Gold Loan Account Nos.32525338672, 32649726006 and J2645235182 inspite of repayment of the loans by the petitioner, and in insisting her to produce Court order in proof of entitlement, as illegal and arbitrary, and consequently, direct the respondents to release the gold ornaments under the above gold loan accounts to the petitioner forthwith.
(2.)Heard Mr. T. Janardhan Rao, learned counsel appearing on behalf of the petitioner and Mr. C. Subodh, learned Standing Counsel, appearing on behalf of respondents 1 and 2.
(3.)The case of the petitioner is that the petitioner is the only daughter of late V.Marlpudi Reddy and Penchalamma. The mother of the petitioner i.e. Penchalamma died more than 20 years back. During the iifetime of late V. Marlpudi Reddy, he obtained gold loan from the 2nd respondent Bank by pledging gold ornaments under three gold loan account Nos. 32525338672, 32649726006 and 32645235182. The father of the petitioner i.e. late V. Marlpudi Reddy died on 30.12.2012 without discharging the gold loans. The petitioner is the sole legal heir of her late father. After the death of her father, the petitioner approached the 2nd respondent and intimated about the death of her father and she cleared the gold loans availed by her father and asked to return the gold ornaments pledged by her father. The 2nd respondent had demanded proof of her relationship with her father. She produced the Family Member Certificate issued by the Tahasildar, Buchinaidu Kandriga, which shows that she is the daughter of late V.Marlpudi Reddy, before the 2nd respondent along with the receipts of repayment of the loans. The 2nd respondent vide letter, dated 09.04.2014, asked the petitioner to obtain suitable orders from the competent Court of law for settlement of the claims. Hence, the present writ petition.
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