ANY HELP!!!!

File an application under O 39 R 2-A for disobedience of interim injunction. Dealer can be sent to civil imprisonment and his property can be attached.

But as there is no injunction order restraining the dealer from further usage of gas cylinder, you cannot file application under O 39 R 2-A for disobedience of interim injunction.

You cannot file a criminal complaint for theft of property because already you several transaction with the dealer.

 

 

Mr. Dhondekar has rightly suggested that since no injunction order is passed by the court, a petition u/o 39 r 2-A is not maintainable. Under the circumstances, what you have to do first is to obtain the injunction order.

So far second part of your query is concerned, it is an admitted fact that there was a business relation between your client and his distributor and in course of business he get the gas cylinders from your client. Subsequently, your client cancelled the contract but the distributor did not return the remaining gas cylinders and he started filling the same from some other manufacturer. So, the entire story does not disclose any offence of theft. Hence filing of any criminal case will be of no use.

The better recourse is civil suit, which you have already taken.

You can file a private complaint u/s 406 of I.P.C. but not u/s 379 or 380 or 381 DISHONEST INDUCEMENT TO HAND OVER THE PROPERTY is the main ingredience of sec. 406 DISHONEST REMOVAL OF NOTABLE PROPERTY WITHOUT OBTAINING CONSENT is the main ingredience of sec. 379 or 380 or 381 which is lacking in your case.