Blackmailing

H S Acharya (Querist) 25 May 2021 This query is : Resolved
Dear Legal Experts,

We are involved in road Transportation services and our sub contractor is holding one no empty 40 ft containers insisting us to pay all his balance 20 percent payments of approx 12 lakhs in advance wirhout submission of final bills and original LRs saying we may not pay bal on time . We have sent notice for both criminal and civil action but even after one month he is not responding and still say we should clear all payments. Meanwhile cont detention liability has touched 7 lakhs. Under such circumstance Can we file FIR to take delivery of empty container . Frt bal against that particular cont tptn is only 30000 but he wants us to clear all other bills which were not due when he stopped delivery of empty cont ..He does not respond to ph calls ..can anybody advise on the matter ?

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A road transport company is facing a difficult situation where a subcontractor is refusing to return empty containers, demanding full advance payment of outstanding balances without submitting final bills or original LRs. Despite legal notices, the subcontractor remains unresponsive, and container detention charges are escalating. The company is seeking advice on whether they can file an FIR to retrieve the containers or if civil action is the only recourse, especially as there's no formal contract, only a quotation based on market practice.

Sankaranarayanan (Expert) 25 May 2021
You can ask your lawyer who issued the notice and as per the advice you can act accordingly

T. Kalaiselvan, Advocate (Expert) 25 May 2021
The police may not entertain any complaint in this regard.
You may have to file a suit for recovery and possession of your container on the basis of the facts that you rely upon.
You can also claim demurrage charges for the amount that you are required to pay for not delivering back the empty container.
You my discuss with the local advocate and initiate proper steps to file a suit as advised/suggested.

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P. Venu (Expert) 26 May 2021
Does the terms and conditions of the contract with the said agency provide for any remedy in such situations/

H S Acharya (Querist) 26 May 2021
Thanks for reply . No agreement signed sir and it is only on the basis of quotation as per market practice for transport .

P. Venu (Expert) 26 May 2021
Remedy lies in initiating a civil action, as already suggested.

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