Is indian contract act, 1872 applicable against breaching party when subject matter is subjudice?

S Singh (Querist) 13 August 2015 This query is : Resolved
Sir,

Plz. take this like an academic query.

1. Ram takes loan of Rs. 1,00,000/- in cash from Shyam.
2. Ram deposits the cash into his bank.
3. Shyam asks for his amount back from Ram.
4. Ram denies to give back.
5. Shyam lodges an FIR and also files a suit against Ram that the loan was taken by fraud and forgery.
6. Cases are pending in both the Criminal and Civil Courts.
7. Bank came to know that the amount kept in the name of Ram actually belongs to Shyam.
8. Bank handovers the amount to Shyam and issues a letter to Ram informing amount debited and closure of account.

So is the Indian Contract Act, 1872, sections 39, 73, 151 and 153 applicable in a suit against the breaching party i.e. "the Bank"?
Can a Suit for compensation of damages arising out of anticipatory repudiation (breach) [under sec.39 of Indian Contract Act] be filed by making only the bank as party and be successful?
Can compensation be received today by Ram even if the Criminal and Civil Cases are pending?

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Guest (Expert) 13 August 2015
First Bank has No Right to take or debit Any Body's A/C with out their Consent.Even if it is your Academic Query First Justify the Legal Points and then Present The Query.

Rajendra K Goyal (Expert) 13 August 2015
Bank can not debit and pay the amount to another person without the consent of account holder.

Notice to refund should be sent to the Bank. If no response, case file consumer complaint.

Rajendra K Goyal (Expert) 13 August 2015
Repeated query:

http://www.lawyersclubindia.com/experts/Is-indian-contract-act-1872-applicable-against-breaching-party-when-subject-matter-is-subjudice--553596.asp#.VcwzILKqqko

H.M.Patnaik (Expert) 13 August 2015
No body should waste valuable time of Experts in asking academic queries having no practical relevance. In India, no bank will act as suggested in the query .

Guest (Expert) 13 August 2015
The querist, "S. Singh" is neither Ram, nor Shyam, nor the bank. So, there is no relevance of any such academic type of query.

P. Venu (Expert) 13 August 2015
Is there any real problem?

S Singh (Querist) 13 August 2015
I (Ram)had earlier issued notices for the reinstatement to the bank.
The bank agrees that they had committed a grave mistake by handing the amount to the loaner(Shyam).
But denies reinstatement of the amount as the amount has been paid to the loaner and not recoverable.
They are stating that my dispute is originally with the loaner, hence not to approach them but instead approach the loaner.
Ques.: To whom am I entitled reinstatement/relief from the loaner or from the bank?