Sir, This a dispute concerning a business transaction
My father's company was a supplier of Electrical Generators.
In the year 1987 he received an order from an Industry based in Hyderabad for supply of Two Generators worth Rs 17 Lakhs
The Managing director of the Industry was an active politician and Member of Parliament, Lok Sabha from Andhra.
An initial advance of Rs 4 Lakhs was paid by the Industry to my father for supply of the said generators.
My father sourced the generators from Delhi by paying some advance to the principal supplier.
The first generator arrived in Hyderabad in 1989 and lying in a transporters Godown and the consignee Lr had to be negotiated through State bank by paying the balance amount and collecting the generator.
The second generator was in transit.
My father faxed the Industry to pay the balance amount of Rs 13 Lakhs as the both the generators would be delivered shortly on payment of money to the bank which would then release the generator from the transporters custody .
The Industry put a condition that the balance amount would be paid on inspection of the first generator that had arrived in Hyderabad .My father took them to the transporters Godown to let them satisfy themselves about the condition of the consignment. After inspection of the generator.
The Managing director of the Industry who is also a member of parliament from Andhra stole the generator from the transporters godown under police escort due to his influence and got it delivered in his Industry and made it operational by installing the same.
My father on coming to know of the developments sent a telegram to the principal supplier to stop the shipment of the second generator.
A case of injunction was filed by the politician for an injunction restraining the transporter and principal supplier from recovering the generator back from his custody and restoring it to the principal supplier based in Delhi. In this case the transporter officer truthfully stated in his counter affidavit that generator was removed from his custody in broad daylight in police escort under the influence of the politician.
Subsequently the transporter for reasons best known to him started colluding with the politician and a case of theft was registered on complaint given by the transporter in the year 1989 where he changed his stand and stated that unknown persons had stolen the generator although earlier he stated in the suit for injunction that the generator was removed from his custody in broad daylight with police escort under the influence of the politician
In the criminal case of theft filed by the transporter none other than my father was charge sheeted as accused and also as a person who was suspected of having stolen the generator and delivered the same to the Politician’s Industry.
Simultaneously the principal supplier filed a suit in the Delhi High Court against the transporter for recovery of money in the year 1990 in lieu of the loss of the generator.
As the consignment was insured the insurance company paid the value of the generator to the principal supplier in exchange for it being subrogated and impleaded as co plaintiff in the suit for recovery of money against the transporter.
The transporter with abundant caution subsequently filed suit at Hyderabad in the year 1992 for recovery of money jointly and severally against my father in his individual capacity, my father's company and the Industry run by the politician. My father entered the written statement in the said suit disputing the claim of the transporter and stated that he failed to recover the generator back from the politician’s custody and restoring it to the principal supplier based in Delhi as such he is responsible for the loss and the suit is filed without cause of action since there is no decree passed against him in the suit filed in Delhi high court to repay the amount to the insurance company as on the date of institution of suit at Hyderabad.
Subsequently my father was attending both the criminal trial for theft and civil trial for recovery of money at Hyderabad.
Due to ill health he was not able to lead evidence and depose against the transporter and politician in the suit at Hyderabad which resulted in the court passing a decree in the year 2003 for recovery of money against my father in his individual capacity, my father's company and the Industry run by the politician jointly and severally.
Subsequently in the year 2004 my father was acquitted after 15 years in the criminal case of theft filed by the transporter.
The transporter filed an execution petition in the year 2005 against my father in his individual capacity, my father's company and the Industry run by the politician jointly and severally and an application of attaching our residential house was made. I filed a claim petition stating that the decree obtained is a collusive one hence needs to be set aside.
My father filed an appeal in the high court at Hyderabad in the year 2005 against the suit decreed at Hyderabad and was granted a stay by the high court in the suit till its disposal.
Simultaneously my father filed a malicious prosecution suit against the transporter in the year 2005 at Hyderabad for filing a false criminal complaint of theft in the year 1989 where he changed his stand and stated that unknown persons had stolen the generator although earlier he stated in the suit for injunction that the generator was removed from his custody in broad daylight with police escort under the influence of the politician which was dismissed in the year 2008 and my father preferred appeal in the High Court at Hyderabad which is pending adjudication.
My father unfortunately died in the year 2009 in a road accident subsequently I was impleaded as a legal heir in the appeals filed by my late father in the high court at Hyderabad.
My question is can I pray to the high court at Hyderabad that the recovery of money suit at Hyderabad be remanded back to the civil court for me to depose and lead evidence in place of my late father so as to enable the civil court at Hyderabad to properly adjudicate the matter and arrive at just and fair decision.
Can I file an application in the high court at Hyderabad that the suit at Hyderabad is barred by res judicata since on the same cause of action a suit is already filed in Delhi high court.
In case the high court at Hyderabad dismisses the appeal filed by my father in the above mentioned suit. Can I lead evidence in the claim petition filed by me in the Execution Petition filed by the transporter at civil court in Hyderabad and prove that the decree obtained earlier is a collusive one by leading evidence and deposing.
Please suggest other remedies if any to come out of this mess.
