Madhya Pradesh High Court
Axis Bank Limited Thr. vs The State Of Madhya Pradesh on 21 January, 2019
1
THE HIGH COURT OF MADHYA PRADESH
(W.P.No.941/2019) (Axis Bank Limited Vs. State of
M.P. and others)
Gwalior,21.1.2019
Shri S.K. Shrivastava, learned counsel for the petitioner.
Alleging in-action on the part of the respondents no.2 and
3 i.e. Superintendent of Police, District Shivpuri and Station
House Officer, Police Station Badarwas, District Shivpuri in not
providing police protection to lift the food grains from Shri Om
Kushwah Warehouse, Near Galla Mandi, Badarwas, District
Shivpuri, petitioner-bank has filed this petition seeking
direction to said respondents to provide security to enable the
petitioner to lift the goods from Shri Om Kushwah Warehouse,
Near Galla Mandi, Badarwas, District Shivpuri.
Facts on record reveals that the petitioner extended bill
discounting facility of Rs.50,00,000/- in favour of the respondents no.4, 5 and 6. As a security towards loan repayment the respondents had pledge the goods in the Warehouse on the terms and conditions agreed between the petitioner and the respondents no.4, 5 and 6. It appears that the respondents no.4, 5 and 6 failed to repay the loan as a result whereof the petitioner invoked its right under pledge agreement. In furtherance thereof it appears that some protest has been made by respondents no.4, 5 and 6, which has led the petitioner to file the present petition seeking direction to the 2 THE HIGH COURT OF MADHYA PRADESH (W.P.No.941/2019) (Axis Bank Limited Vs. State of M.P. and others) police to provide security.
Evidently, the entire matter arises from commercial transactions between the petitioner and respondents no.4, 5 and 6, whereby on extending the bill discounting facility of Rs.50,00,000/- pledge agreement has been executed and it is the breach of said agreement that has led the petitioner to invoke the clause of agreement.
Since there is breach of agreement, the petitioner is at liberty to seek redressal in the Civil Court. As no legal right has been encroached upon, the writ of mandamus cannot be issued to respondents no.2 and 3 as they are under no legal obligation to aid and support the petitioner in retrieving the pledge goods.
In view whereof, mandamus as sought for cannot be issued. Consequently, petition fails and is dismissed. Needless to say the dismissal of the petition will not be a bar for the petitioner to seek remedy before the Civil Court.
(Sanjay Yadav) Judge Pawar/-
ASHISH PAWAR 2019.01.25 11:13:32 +05'30'