Criminal complaint
N.J. MISHRA
(Querist) 14 September 2011
This query is : Resolved
we are the managing agent company, we manages the various types of ships. On one occassion generator of one of the ship manages by us, stopped working and with the prior approval of the owner we carried out the repair work. All the materials were supplied by the owner, it was informed to them that the material supllied by them is oversized as per the exact fitting. Any how we managed to get the things done with the material supplied by the ship owner. After certian days again the generator of the ship stopped working. at this time the ship was anchored somewhere near Dubai. Again with the approval of the shipowner repair work was carried out. When the bill for the reapir work was given to the owner they refused to pay on the ground that your engineers were not enough competent to perform the repairing work. Due to dispute, finally we send a letter to the owner by stating that we are terminating the contract and will not handle your ship. further we inform them unless they don't settle the dues, the ship will not be handle to them. After one or two days they settle the dues, but thereafter they filed a criminal compalaint against our company. They have stated in their complaint that our comapny has not obtained permission before carrying out the repair works, which is not true (emails regarding permissions are there), and had further stated that they were in fear that our company will not release their ship which will result in to financial loss to them, so they paid the amount under pressure. Now compalaint is lodge under section 406, 420 and 484 of IPC. All the directors got relief against the arrest from the H.C. Police has not yet filed Chargesheet. My query is that whether owner of the ship can file the extortion case after settling the dues or can take any other legal action against us. How relaible is their case against us? whether their case is a geniune case or with the intention of hrrasing us they have filed the case. Please member kinldy suggest any releif or suggestion in reference to query.
ajay sethi
(Expert) 14 September 2011
did you have any contract in writing with owner of ship?
when you informed owner material is oversized did you do it by any correspondence? or email?
second time repair work done was the approval obtained in writing ?
was refusal to pay bill in writing?
if you have permission to carry out the work it was done with consent of the owner
any one can go to court if he is aggrieved . only after going through the papers of the case can it be said whether you have a genuine case . you have already obtained anticipatory bail .
Biswanath Roy
(Expert) 14 September 2011
According to the decision of supreme court in the case of Sundar Singh vs Sham Kaur Ingredients of offenses u/s 406 are different from those of an offense u/s 420 I.P.C Section 406 I.P.C denotes the offence non bailable non compoundable and cognizable offence. Agreement related to this case and your performances In connection there to are the main bearing of the case unless I get a chance to go through it it will be difficult to give a proper opinion in this matter. Because opinion decision of the supreme court of India are involve in such a case. I advice you to obtained a written opinion in the matter. If you are interested you may contact me mobile number 9836858000.
