If section 407 & 408 of ipc correctly admitted??
Amit
(Querist) 14 December 2016
This query is : Resolved
A Ltd company had a contract with payment terms of 60 Days, but then it delayed & Did not make payment since last 8 years for the transportation bills of my client (being a transporter), on account of which my client wrote several letters to such company for such Long Back Overdue Outstanding Amount but then the company did not are to reply.
As a consequence, my client had no other option left but to detain its consignment, whereof he issued within 6 days - a notice mentioning of such detainment & asking to release his such overdue amount, & also posted a copy of such notice to local police.
Now, the company filed a criminal suit under section 407 & 420 of IPC & Section 3 & 8 of Carriers Act, 1865.
Whereof, my client filed a caveat for a temporary injunction, & finally, the order was partially favoured ordering my client to handover back the goods & ordering the company to make the payment alongwith Interest to my client.
Now, since then, such criminal suit was pending & now my client came to know that the suit is admitted by the court.
Can anyone suggest the merits and demerits of my client & the said Ltd company in the present case??
Also, is there any reference to any suit whereby the High Court permitted a transporter to detain a consignment for his overdue charges, but only if the Consignor & Consignee are same??
If known, then please name it, so that I can attach & submit it.
So, Please Please Please....help me & guide me with prompt responses;
Thanks in Advance....
Rajendra K Goyal
(Expert) 14 December 2016
Judgment / reference cases / ruling / citation / decided cases not provided / supplied in this section.
Kumar Doab
(Expert) 14 December 2016
One Perspective; Involve another local counsel well versed with such matters.
You have posted that:
"ordering the company to make the payment alongwith Interest to my client."
Some favorable remedy exists.
Siddharth Dev
(Expert) 14 December 2016
Dear Amit it is very difficult for me to give answer of your 2 questions because you are asking for merits and demerits of the case of your clients case which is impossible without perusal of the record again the answer of your second question is impossible for me to give in which you are asking for squarely connected judgement without perusal of record again if it has been done then it will not satisfy the level of confidence over that reference or judgement, kindly take it as my advice and consult law firm to solve your issue
Thank you
