Karnataka Bank Ltd. v. Commissioner Of Police & ORS

$~19 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 5637/2016 KARNATAKA BANK LTD.

..... Petitioner Through:

Mr. R.S. Raju and Mr. Kunal Sharma, Advocates versus COMMISSIONER OF POLICE & ORS .....Respondents Through:

Mr. Peeyoosh Kalra, ASC with Ms. Sona Babbar, Advocate for respondents No.1 and 2 with ASI Mahender Prakash

CORAM:

HON'BLE MR. JUSTICE SUNIL GAUR

O R D E R

% 17.06.2016 By way of this writ petition, a direction sought to respondentCommissioner of Police to provide protection to petitioner to take out the cash lying in the ATM machine installed at 82, Ground Floor, Behra Enclave, National Market, Paschim Vihar, N.D.-110084 and also to shift the said ATM machine elsewhere.

Although a civil remedy lies to seek the relief claimed in this writ petition, to cut short the controversy, an effort was made to get the respondent served. The affidavit of service filed by petitioner reveals that respondent could not be served. Further, a copy of the tracking report has been handed over by petitioner's counsel, which discloses that the service W.P.(C) 5637/2016

has been attempted upon respondent No.3, but the door was found locked and intimation was served.

In a case like the instant one, the appropriate course for petitioner is to avail of the civil remedies and obtain orders from the civil court. Instead of doing so, petitioner seeks to adopt a short cut, which is impermissible in law.

In view of aforesaid, this petition is disposed of with liberty to petitioner to seek the remedies before the concerned civil court. Dasti.

(SUNIL GAUR) VACATION JUDGE JUNE 17, 2016 s W.P.(C) 5637/2016