APHC010428792026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT APPEAL No.975 of 2026 Bench Sr.No:-23 [3584] Balagam Sri Vijaya Bhargavi ...Appellant Vs. The Regional Manager and another ...Respondents ********** CORAM : THE CHIEF JUSTICE LISA GILL SRI JUSTICE CHALLA GUNARANJAN DATE : 31st August 2026 Present : Advocate for Appellant : Sri Ati Naga Surya Venkatesh Advocate for Respondents : Smt V. Dyumani, learned Standing Counsel for Union Bank of India. LISA GILL, CJ. Prayer in this writ appeal is for setting aside order dated 16.07.2026 passed by learned Single Bench wherein writ petition filed by petitioner has been dismissed. 2. Appellant/writ petitioner filed W.P.No.6724 of 2026 with a grievance that respondent Bank was not returning gold ornaments as detailed in writ petition even after full and final payment due towards the bank has been deposited. 3. It was the case of respondent Bank that petitioner had earlier availed a housing loan of Rs.37,17,000/- along with her husband and the said housing 2 HCJ & CGR, J W.A.No.975 of 2026 loan had become Non-performing Asset (N.P.A.). She, thereafter, availed a loan of Rs.2,85,000/- by pledging gold ornaments. The latter account was closed after repayment of amounts but as per Reserve Bank of India (R.B.I.) Guidelines, if one account of applicant becomes N.P.A., all other accounts standing in the name of applicant or co-applicant to any other account are also declared N.P.A. The liability is borrower wise and not loan wise. Reference was also made to Clause 11 of the Gold Loan Pledge Form dated 11.12.2023, which reads as under:- “If the Pawner has other loans, overdrafts, advance or other debts due to the Bank at any of its branch/es either solely or jointly with the other persons or in any manner unless and until such debts are fully repaid by the pawner, the ornaments/jewellery/coins pledge under this loan or any other loan or loans that are already granted or may be granted in future will be taken as security for all such debt or debts and may be retained by the Bank as security and may be dealt with in regard to return, sale etc., as pledged commodity.” 4. Learned Single Bench, on considering facts and circumstances, concluded that appellant/writ petitioner was admittedly a co-applicant of the housing loan availed of by her husband and she had specifically authorised the bank to keep gold ornaments as security for discharge of all debts borrowed either solely or along with other persons and that the bank was well within its authority in retaining gold ornaments by exercising its general lien under Section 171 of the Indian Contract Act, 1872. Aggrieved there from, present appeal has been filed. 3 HCJ & CGR, J W.A.No.975 of 2026 5. During the course of arguments, it was brought to our notice by learned counsel for appellant that in respect to other housing loan, auction of secured asset has been conducted and entire amount recovered. 6. Learned counsel for respondents, on instructions, informs that secured asset in the other loan account has indeed been put to auction on 24.06.2026 and entire amount due has been recovered. It is submitted that respondent No.1 has sent necessary instructions through e-mail to respondent No.2 for release of gold ornaments of appellant. Therefore, present appeal is rendered infructuous. The gold ornaments shall be released positively within the next four (4) working days. 7. Learned counsel for appellant, however, submits that for the delay in release of gold ornaments, respondent Bank is liable for payment of interest/compensation. 8. In the given facts and circumstances, this aspect need not detain this Court at this stage. Respondent Bank is directed to release gold ornaments of appellant within the next four (4) working days keeping in view the fact that amount in question has been recovered by way of auction of the mortgaged property in the other housing loan on 24.06.2026. For entitlement, if any, of appellant to interest/compensation for delay after 24.06.2026, appellant is at liberty to avail remedies available to her in accordance with law. 4 HCJ & CGR, J W.A.No.975 of 2026 9. Writ Appeal is disposed of accordingly. No order as to costs. Miscellaneous Petitions pending, if any, shall stand closed. LISA GILL, CJ CHALLA GUNARANJAN, J AMD Whether the order is Speaking/Reasoned : Yes / No Whether the order is Reportable : Yes / No 5 HCJ & CGR, J W.A.No.975 of 2026 01 HON’BLE MRS. JUSTICE LISA GILL, CHIEF JUSTICE & HON’BLE MR. JUSTICE CHALLA GUNARANJAN WRIT APPEAL No.975 of 2026 Dt:31.08.2026 AMD