Sarita Pattnaik vs SBI, BBSR And Others

Arindam Sinha, J

W.P.(C) No.9460 Of 2022 And I.A. No.4946 Of 2022

Mr. Mishra, learned advocate appears on behalf of petitioner and submits, his client took gold loan from opposite party no.1(bank). He draws attention to impugned letter dated 7th April, 2022, wherein, inter alia, following was said.

“As per the information provided by the police officials, the said gold ornaments pledged by you belongs to Shri Adityanaryan Satapathy and hence as per the police authorities you are not the rightful owner of the said gold ornaments.

Since the police officials have requested for seizure of the said gold ornaments, hence you are hereby requested to close the said gold loan within 5 days from the receipt of this letter failing which bank will be forced to take action including filing of suit for recovery of its dues.”

He submits, disclosures in the petition are documents to show, his client is owner of the gold ornaments. The bank threatened to close the loan account requiring payment by his client, failing which recovery proceedings, allegedly based on request made by the police for seizure of the gold ornaments. He draws attention to statements made in paragraph 5 of the petition, wherein his client said she had not been supplied with copy of the complaint regarding request for seizure.

Mr. Panda, learned advocate, Additional Government Advocate appears on behalf of State and submits, he will represent opposite party no.3.

Issue notice along with this order on opposite party nos.1, 2 and 4 by registered post/speed post with A.D. petitioner will put in requisites.

Status-quo be maintained in respect of the gold ornaments lying in custody of opposite party no.1, till next date.

I.A. is disposed of.

List on 18th May, 2022.

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