M/S. GURU EXIM v. INDIAN OVERSEAS BANK

Delhi High Court · 09 Jan 2017 · 2017:DHC:115
Hima Kohli
W.P.(C) 167/2017
2017:DHC:115
civil appeal_dismissed

AI Summary

The Delhi High Court dismissed a writ petition as withdrawn, holding that when a civil suit remedy is available, writ jurisdiction is not maintainable.

Full Text
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HIGH COURT OF DELHI
W.P.(C) 167/2017 & CMs 776-77/2017
M/S. GURU EXIM ..... Petitioner
Through : Mr. Saurabh Kansal, Advocate
VERSUS
INDIAN OVERSEAS BANK & ORS ..... Respondents
Through : Mr. Karan Khanna, Adv. for R-1.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI O R D E R 09.01.2017
JUDGMENT

1. At the outset, counsel for the petitioner is directed to address the Court on the maintainability of the present petition when the remedy of instituting a civil suit is available.

2. Counsel for the petitioner fairly states that he may be permitted to withdraw the present petition, while reserving the right of the petitioner to seek its remedies against the respondent/Bank on the civil side.

3. Leave, as prayed for, is granted. The writ petition is dismissed as withdrawn, along with the pending applications. The petitioner is at liberty to seek its remedies against the respondent/Bank, in accordance with law, before the appropriate forum. HIMA KOHLI, J JANUARY 09, 2017 sk