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N.J. MISHRA (Legal Manager)     02 September 2010

EXTORTION

PLEASE SUGGEST ME ON FACTS OF THE MATTER MENTIONED BELOW

THERE ARE 2 COMPANIES, COMPANY ON THE 1ST PART IS THE OWNER OF THE SHIP, WHEREAS COMPANY ON THE 2ND PART IS MANAGMENT COMPANY WHICH MANAGES THE SHIP.

IT WAS AGREED BETWEEN THEM THAT WHATEVER REPARE WILL BE CARRIED OUT BY THE COMPANYY ON THE 2ND PART, THE AMOUNT FOR THE SAME WILL BE GIVEN BY THE COMPANY ON THE 1ST PART.

SHIP ON ITS WAY TO INDONESIA , WHEN SHIP REACHED NEAR COCHIN THE GENERATOR OF THE SHIP STOPPED WORKING, REPAIRS WERE CARRIED OUT BY THE COMPANY ON THE 2ND PART AND AGAIN WHEN SHIP REACHED NEAR SINGAPORE THE GENERATORS AGAIN STOPPED WORKING, THE REPARE WAS CARRIED OUT THE 2ND COMPANY.

ON THE TERMINATION OF THE AGREEMENT WHEN 2ND COMPANY CLAIMED THE AMOUNT FROM THE 1ST COMPANY, THE 1ST COMPANY REFUSED TO PAY THE SAME ON THE GROUNDS THAT YOU ARE CHARGING VERY HIGH AND ALSO CHARGING FOR THE WORKNOT DONE, WHICH 2ND COMPANY DENIES AND TOLD 1ST COMPANY THAT AT THE TIME OF REPARING ON BOTH THE OCCASION IT WAS INFORMED TO YOU BY MAILS AND YOU AGREED FOR THE SAME.

2ND COMPANY WROTE A LETTER STATING THAT TILL THE AMOUNT IS NOT SETTLED WE DO NOT ALLOW ANYBODY TO ENTER IN TO THE SHIP, LATER THE AMOUNT WAS SETTLED

1ST COMPANY FILED F.I.R. AND REGISTERED THE CASE OF EXTORTION AGAINST THE OFFICER OF THE 2ND COMPNAY AND IN THIS COMPLAINT THE COMPNAY WAS NOT MADE PARTY ONLY THE EMPLOYEES WERE MADE PARTY

WHETHER THSI STATEMENT OF 2ND COMPNAY AMOUNST TO EXTORTION IF NO THEN SUGGEST ME THE CASE LAWS ?



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