THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.2402 of 2011 ORDER: The petitioner has several transactions with Malakpet Branch of M/s. Vijaya Bank. He not only has a regular account and avail the facility of credit card, but also had obtained three loans by pledging gold items. The petitioner states though he offered to clear the gold loan account, the respondents are not receiving the amount and releasing the gold ornaments. He contends that Over Draft facility extended to a partnership account is sought to be fastened upon him and the ornaments are withheld. Sri E.Ajay Reddy, learned counsel for the respondents, obtained instructions at the stage of admission. He contends that there is outstanding of about five lakhs on the gold loan and about three and half lakhs on the credit card account and in addition to that, the petitioner is liable to pay huge amounts under his personal account and OD facility. Heard learned counsel for the petitioner and learned counsel for the respondents. It is no doubt true that the bank holds lien over the pledged items. The fact, however, remains that the gold items were pledged for a specific transaction and at the most the respondents can insist on clearance of the dues under the credit card extended to the petitioner. It becomes rather difficult to accept that the liability of the petitioner as a partner in a firm can also be traced to the pledged times. A decree is already said to have been passed by the Debt Recovery Tribunal, vis- à-vis partnership account. This Court is of the view that the interests of justice would be met, if the respondents are directed to release the pledged items, on payment of Rs.10,00,000/-. That amount would not only clear the gold loan account, but also the amount due under the credit card facility. The balance can be kept under suspense account, so that further dispute can be met depending upon the outcome of the pending proceedings. Hence, the writ petition is partly allowed, directing that the respondents shall release the gold ornaments pledged by the petitioner on deposit of Rs.10,00,000/- (ten lakhs). The said amount shall be adjusted towards total clearance of the three gold loan accounts and the dues under the credit card. The balance shall be kept in a suspense account, to be dealt with depending upon the out come of the pending proceedings. There shall be no order as costs. _____________________ L. NARASIMHA REDDY, J. Dt.07.02.2011. Note:1) communicate operative portion of the order by wire at party’s costs. (B/o) GJ