JAYRAJBHAI PITHUBHAI GOVALIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is a petition preferred by the original petitioners for seeking following relief:

(2.) The petitioners mortgaged their gold ornaments before the bank of the respondent no.2 for taking loan during 2016 and 2017. 2. 1 According to the petitioners, they are farmers, who approached the respondent No.2Bank for receiving the loan worth Rs. 3,57,900/against the Gold weighing 191.25 gms on 11.10.2017 in his loan account No. 1375028216. Likewise, the petitioner No.2 approached the respondent No.2Bank and received loan worth Rs. 1,28,819/against the gold weighing 71.90 Grams on 11.04.2016 in his loan account No.137505024346.

(3.) It is the say of the petitioner Nos. 1 and 2 that they repaid the entire amount of Rs. 3,75,929/and amount of Rs. 1,44,636/to the respondent No.2bank on 16.02.2018 and their accounts have been cleared. The gold deposited with the respondent no.2 needs to be returned to the petitioners. However, the respondent No.3 since tendered a report to the respondent No.2bank directed to return the gold ornaments to the petitioners, the respondent no.2bank acted illegally according to the petitioners. 3. 1. The petitioners are also aggrieved by the fact that despite the written application dated 26.02.2018, the gold has been returned and this act according to the petitioners is illegal, arbitrary and against the provision of law on the part of both the respondent No.2Bank and Respondent No.3 the investigating Officer.