I had given my equipment on rent to a person after making necessary contract with him that clearly mentions that ownership of the equipment shall remain with me always. He was running the machine at a hospital on a leased space and defaulted on the payments. Now the hospital has confiscated his entire setup along with my machine and refuses to release my machine until the person clears his dues with them.
A) Can the Hospital do that in the first place?
B) What course of action is suitable for quick resolution?
It depends on the terms and conditions mentioned in the contract between that person and the hospital. Moreover, there should have been a triparty agreement. I don't think you have taken that care here. If there is no tripartite agreement, you cannot sue the hospital directly. But you can sue this person to whom you have entrusted your machinery vide your agreement.
File and FIR for recovery of your machinery. Section 406. They might be able to recover the machine from the hospital. Then you can move an application in the court to have this machine released from the police in your favor.
Regards
ADV Umesh Arora
(Supreme Court of India)
