Damages by bailee
S Singh
(Querist) 07 August 2015
This query is : Resolved
There is a bailment contract between A (bailor) and B (bailee)
Third party C files suit against A and B and claim the subject-matter.
C takes out an IA and obtains an order upon B to maintain status-quo with respect to the subject-matter till the final hearing and final disposal of IA.
But astonishingly in the mean time B delivers the subject-matter to C.
B also issues a letter to A for anticipatory cancellation of the contract with him.
Today the subject-matter has been alienated and also the IA withdrawn by C.
What are the remedies left out to A for recovering damages?
(I am A and the subject-matter is the dematerialized company shares)
P. Venu
(Expert) 07 August 2015
How is that C has withdrawn an IA that has already been decided and decision given effect?
H.M.Patnaik
(Expert) 07 August 2015
Pl. throw more light on your query as asked by Mr. Venu.
S Singh
(Querist) 07 August 2015
IA had never been decided.
It is just that when C received the subject-matter mistakenly by B, he alienated it.
And afterwards quietly withdrew the IA.