MUTHOOT FINANCE PVT LTD Vs. PAMPA SINHA

JUDGEMENT

(1.) PETITIONER was a finance company. They used to give personal loan against pledge of gold. According to the respondent, she took loan upon pledge of gold ornaments on February 19, 2008 and February 25, 2008. The finance company disbursed rupees sixty-three thousand and three hundred on two different dates being rupees twenty-five thousand three hundred on March 19, 2008 and rest rupees thirty-eight thousand on May 24, 2008. On May 24, 2008 the entire loan amount was refunded. However, the company refused to give back the gold ornaments.

(2.) ACCORDING to the company, the respondent obtained loan of rupees twentyfive thousand and three hundred on February 19, 2008. On March 19, 2008 she visited office of the petitioner and paid the interest for rupees five hundred and six and prayed for renewal. ACCORDINGly, the said loan of rupees twenty-five thousand and three hundred was renewed and the new loan account was opened on the said date.

(3.) BEING aggrieved by the said proceeding the petitioner has now come up for quashing of the Howrah Police Station Case No.118 of 2010 dated May 11, 2010 presently pending before the learned Chief Judicial Magistrate, Howrah as G.R. Case No.1919 of 2010.