Seizure of immovable property
Sathya Narayana
(Querist) 19 August 2012
This query is : Resolved
MY INDUSTRIAL PREMISES LAND LADY HAS CAUSED CHETING BY DISHONESTLY DECLRING THQT THE FACTORY PREMISEWS IS EQUIPPED WITH 60 HP PINDUSTRIAL POWER WHEREAS AFTER OCCUPYING THE SAID PREMISES BASED UPON TRUST REPOSED ON HER DECLARQTION IN THE RENTAQL DEED, IT WS FOUND THT THE INDUSTRIAL PREMISES HAS ONLY 30 HP POWER CONNECTION AND THE SAID FACT IS DULY INFORMED TO US BY THE BESCOM AUTHORITIES.
dUE TO THIS MY COMPANY HAS INCURRED Rs.80 LAKHS LOSS AND LET ME KNOW IF I CAN FILE BOTH CRIMINAL CASE AS WELL CIVIL SUIT WHEREIN I CAN SEEK SEIZURE OF IMMOVABLE PROPERTY WHICH WAS USED BY THE LAND LADY FOR CAUSING CHEATING TO US WITH DISHONEST INTENTION BESIDES ALSO SEEK ABJ IN THE CIVIL SUIT.
PLEASE SPECIFY ME UNDER WHICH SECTION OF Cr.P.C. WE CN SEEK SEIZURE OF THE INDUSTRIAL BUILDING.
KINDLY HELP US WITH YOUR EXPERT OPINION SINCE THERE ARE ABOUT 280 EMPLOYEES INVOLVED IN THE CONTINUANCE OR OTHERWISE OF OUR FACTORY.
adv. rajeev ( rajoo )
(Expert) 19 August 2012
You can file criminal case but you have to prove your contention/allegations
Adv.R.P.Chugh
(Expert) 19 August 2012
1. You can institute criminal complaints for cheating/forgery/criminal breach of trust against the land lady.
2. You can rescind the contract, as voidable your consent being vitiated by fraud/misrepresentation - and seek damages
3. You cannot seek the seizure of the industrial premises as such, to make good the loss, however on failure to pay in civil decree the lady's assets may be attached and auctioned, which may include the present industrial premises.
Good Luck !
Regards,
Adv. Bharat Chugh
bharat.law06@gmail.com
Devajyoti Barman
(Expert) 19 August 2012
This is a rescission of contract on the ground of material misrepresentation of facts.
With the rescission of contract you can go for liquidated damages as well for which you have to file a civil suit.
Filing criminal case is not a good prospect nor seizure of gods is a possibility.
