JUDGMENT : (Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records in proceedings Nil, dated 22.12.2017, on the file of the Respondent and quash the same as illegal incompetent and further direct the Respondent to restore the gold in Petitioner’s account No. 121500425 and 121400018.) The Petitioner had availed jewel loans from the Second Respondent as per particulars shown below:- Date Amount Gross Weight Net Weight 06.04.2014 Rs.99,000/- 61 grams 56 grams 04.06.2015 Rs.1,87,000/- 122 grams 112 grams The Petitioner had issue legal notice dated 21.02.2017 calling upon the Respondent to return the pledged jewels. The Respondent had issued notices dated 19.08.2017 and 15.09.2017 calling upon the Petitioner to clear those jewel loans, but there had not been any response from the Petitioner for the same. The Respondent had fixed the date of auction of the pledged jewels of the Petitioner on 23.11.2017, for which notice had been published in the newspaper on 16.11.2017. The pledged jewels of the Petitioner were eventually sold for the sum of Rs.1,55,000/- and 3,11,000/- respectively. After approval from the Controlling Authority, the Respondent has appropriated the sale proceeds towards the discharge of the aforesaid loans and informed the Petitioner of such action taken by letter dated 22.12.2017. The Petitioner on 14.02.2018 has filed this Writ Petition challenging the aforesaid intimation given to her of the action taken for sale of her pledged jewels and had sought for consequential direction to restore the jewels. 2. Section 176 of the Indian Contract Act, 1872, reads as follows:- 176. Pawnee’s right where pawnor makes default:- If the pawnor makes default in payment of the debt, or performance, at the stipulated time of the promise, in respect of which the goods were pledged, the pawnee may bring a suit against the pawnor upon the debt or promise, and retain the goods pledge as a collateral security; or he may sell the thing pledged, on giving the pawnor reasonable notice of the sale. If the proceeds of such sale are less than the amount due in respect of the debt or promise, the pawnor is still liable to pay the balance. If the proceeds of such sale are less than the amount due in respect of the debt or promise, the pawnor is still liable to pay the balance. If the proceeds of the sale are greater than the amount so due, the pawnee shall pay over the surplus to the pawnor.” It is evident on a plain reading of the aforesaid statutory provision that the pawnor has to be given a reasonable notice of the sale of the thing pledged. As found earlier, the Respondent had sent notices dated 19.08.2017 and 15.09.2017 to the Petitioner regarding the default in repayment of the jewel loans and informing her that the pledged jewels would be brought to sale if the amounts outstanding was not paid. The Respondent has also produced the proof of having sent the said notices by registered post and the postal acknowledgments. The statement of accounts showing the calculation of the amount due from the Petitioner for the jewel loans have also been produced. It is not the case of the Petitioner that the pledged jewels have been brought to sale without there being any dues payable by the Petitioner for the loans that he had availed. Though it is complained in the Writ Petition that the auction sale of the jewels has taken place in violation of the guidelines issued by the Reserve Bank of India, neither the guidelines have been produced nor any specific violations causing prejudice to the Petitioner have been demonstrated before the Court. 3. In the aforesaid circumstances, when the Petitioner lacks bonafides and has failed to repay the amounts due under the jewel loans despite notices issued to her, there does not appear to be any justification to entertain the Writ Petition, 4. Accordingly, the Writ Petition is dismissed. No costs.