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anand das (service)     29 March 2012

Civil or criminal action

Company 'A' enetered into a contract with company 'B' wherein Company 'B' would procure 90 acres of land for company 'A'. Company 'B' procured 60 acres land and did not procure remaining 30 acres land, however has already taken advances of Rs 6 crores for 30 acres land. A notice was sent by company 'A' to Company 'B' to perform it's contractual duty, but got a vague reply.

1. Which legal action should be taken against company 'B' and it's directors.?

2. Whether civil or criminal Or both civil & criminal?

3. one person advised company 'A' to go with civil suit for specific performance of contract under specific relief act  and other suggeted that file complaint to police station praying to book company 'B' under IPC and then file case with magistrate's court praying that the complaint be referred to Senior Inspector of police under 156 (3) of Cr PC and file FIR for charges under section 406, 420, 120 (b) of IPC.

pls guide.


 2 Replies


this is breach of contract. Civil remady.

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Criminal case would not survive for long in the higher courts. Go for civil remedy.



Ashish Davessar

Delhi, Chandigarh


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