Sirs,
Somebody Help me in my case!!!
We are a Customs clearing and forwarding agency and we do Port clearance and transportation activity from Port. In this activity, usually shipping companies (Owners of containers) collects blank cheques from us for security purpose (normally, this cheques will be used to fill up the demurrage cost upon handing over the empty container to them safely). But, unfortunately, this container laden trailer met with an accident and the container was severly damaged. After this accident, shipping company sent us a legal notice in demand of Rs.11 lakhs towards the damage. Whereas, we have negotiated with them, new container itself Rs.11 lakhs only and this is being 18 years old container and they can not charge the full value and they can only charge them after taking a neutral survey. Also, we have agreed them to pay the cost as per survey report. They kow very well, any machineries will have a residual value only for 15 years and as per surveyor assessment, they have fixed a value for Rs.1.38 lakhs considering only the scrap cost.
Meanwhile, they have filled our blank cheque for Rs.11 lakhs with earlier date (a day before the accident happened) and they have filed a case under NI 138 act. And the case is in trial stage now.
So, we seek expert advise on this case about how to proceed?
Will be most thankful for your comments.
