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?