Recovery suit
Adv Nidhi Banga
(Querist) 06 February 2018
This query is : Open
Plaintiff files a suit for recovery against defendant no.1, 2 &3 and def no. 1 is only a freight and forwarding agent appointed by defendant no. 2 and the plaintiff made the goods for defendant no. 3 which is out of country. Now whats the remedy with defendant no. 1. The def no. 1 only got Rs 15000/- and now he is claiming Rs 60 lacs from the defendant. The goods were delivered to def no. 3 and he did not make the payments. Does multimodal transport act come into picture?
Sri Vijayan.A
(Expert) 06 February 2018
The contract for supply of goods is/ was between the plaintiff and D3 only.
What is the role of D2?
I think you are representing D3.
In anyway, D3 is not a party to the contract. So, he cannot be sued.
SHIRISH PAWAR, 7738990900
(Expert) 07 February 2018
If it is suit for recover Plaintiff can recover from Defendant no. 3 only.
Kumar Doab
(Expert) 07 February 2018
If the goods have been supplied to intended recipient that placed the order then IT is to pay.
Adv Nidhi Banga
(Querist) 09 February 2018
Thanks you all for the reply. I am representing defendant no. 1 who is a CnF agent. Defendant no.2 appointed me to supply the goods for which def no. 2 paid def no.1 Rs 15000/- only. The goods were delivered to def no.3 who has not appeared yet as its in Brazil. i have filed order 1 rule 10. Plaintiff saying that how without permission i released the goods to defendant no. 3.
Dr J C Vashista
(Expert) 11 February 2018
Discuss with a local senior lawyer.
Adv Nidhi Banga
(Querist) 11 February 2018
Dr. Vashishta i thought this forum is for sharing the experience with others. Its an academic question of law and can be discussed in healthy manners to help others too.
