• Breach of Contract / Agreement

Myself praveen from Bangalore. I have provide a rented fitness equipment to the Agency ( 2nd party ). Through this agency they have given the equipment on renting to the International Company. The issue with Agency is raised after lock down started. The agency kept 3 month rent pending even after the successful payment received from International Company. The agency is demanding that they will pay only 50% of the rent and further July on wards they will no pay any rent until situation get well. The agency given the reason that no employee are using fitness equipment since everyone are working form home. But never in our agreement we mentioned about reducing the rent in special case or national emergency also no points are mentioned that if employees are not used the machine will reduce the rent !. Since I have not approved to accept the reduced rent the agency is warning that they might Terminate the Agreement. But as per our agreement if the agency terminate or cancel the agreement before completion of agreement validity they have to pay 40% of the Equipment value.Still there is 1 and half year agreement validity is left ! 

1. As per the agreement i am demanding the agency for the payment - during this Covid 19 issue time will agency have any option to get exempt from rent ? 
2. Since the Agency is violating the agreement under which section need to raise the complaint ? 
3. Since i have huge financial commitment can i expect the justice soon if yes how many months might take ? 
4. since this issue comes under Mumbai Juridic Section can i lodge the complaint or case at honorable court through online at this lock down situation ?
Asked 3 years ago in Property Law
Religion: Hindu

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16 Answers

Agency would not get exemption from rentals 

 

2) agency is bound to pay rentals as per terms of agreement 

 

3) issue legal notice to agency to pay rentals 

 

4) if they fail to pay sue them to recover rentals 

 

5) wait till lock down is lifted for filing of case 

Ajay Sethi
Advocate, Mumbai
94517 Answers
7485 Consultations

5.0 on 5.0

1. See the equipments are already provided to agency you have completed your part of contract so the agency needs to pay the amount. You may issue legal notice and may file suit for recovery of amount.

2. You have to file suit before the civil court.

3. See seeing the present condition civil court may take time. Also civil suit may take years till final disposal.

4. Yes you can engage an advocate and file matter as per the online guidelines of the court.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You can approach court and seek direction under specific relief Act and seek rent from them. 

It will take some time but you can pray for interim relief

Yes you need to approach mumbai court. 

For any assistance contact me in kaanoon on 9a7g6g9g4e9g0f9f1a1

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

- No, the agency cannot claim exemption on the ground of Covid-19 , if such force majeaure was not a clause in the agreement dully entered by agency.

2. Section 73 of the Contract Act , provides that the party, who breaches a contract, is liable to compensate the injured party/aggrieved party  for any loss or damage caused, due to the breach of contract

3. Firstly issue a legal notice to the said agency for fulfilling the conditions of agreement , and to pay the arrears fo rent dully stopped by the agency . 

4.Yes, you can file your complaint /case against the said agency in Mumbai . 

- Further you can file the same online as well. 

Mohammed Shahzad
Advocate, Delhi
13087 Answers
195 Consultations

5.0 on 5.0

From examining all the facts of your query I want to say that-
Praveen,
These cases are very common in various Courts of India and Supreme Court of India. I can understand your concern in this regard.
You know that the unforeseen Covid-19 pandemic has severely impacted contractual performance across the globe. Companies would believe that desperate times call for desperate measures. Maybe, or maybe not. As the legal cliché goes, “it depends”. In case of contractual performance, it will depend on a factual and legal analysis of the underlying contracts. COVID-19, a force majeure event as declared by the Indian Government is having a severe impact on the obligations of the parties under their respective contracts and under the law. You are entitled for your payment. Agency cannot legally withhold your payment. Never in your agreement it mentioned about reducing the rent in special case or national emergency also no points are mentioned that if employees have not used the machine will reduce the rent. It is totally silent about this aspect. Moreover, agency have received the payment from international company. 

Section 73 of Indian Contract Act, 1872 states that compensation for loss or damage caused by breach of contract.—When a contract has been broken, the party who suffers by such breach is entitled to receive, from the party who has broken the contract, compensation for any loss or damage caused to him thereby, which naturally arose in the usual course of things from such breach, or which the parties knew, when they made the contract, to be likely to result from the breach of it. —When a contract has been broken, the party who suffers by such breach is entitled to receive, from the party who has broken the contract, compensation for any loss or damage caused to him thereby, which naturally arose in the usual course of things from such breach, or which the parties knew, when they made the contract, to be likely to result from the breach of it. Such compensation is not to be given for any remote and indirect loss or damage sustained by reason of the breach. Compensation for failure to discharge obligation resembling those created by contract.—When an obligation resembling those created by contract has been incurred and has not been discharged, any person injured by the failure to discharge it is entitled to receive the same compensation from the party in default, as if such person had contracted to discharge it and had broken his contract. —When an obligation resembling those created by contract has been incurred and has not been discharged, any person injured by the failure to discharge it is entitled to receive the same compensation from the party in default, as if such person had contracted to discharge it and had broken his contract.
Explanation.—In estimating the loss or damage arising from a breach of contract, the means which existed of remedying the inconvenience caused by the non-performance of the contract must be taken into account.

Section 74 of India Contract Act states that compensation for breach of contract where penalty stipulated for:- When a contract has been broken, if a sum is named in the contract as the amount to be paid in case of such breach, or if the contract contains any other stipulation by way of penalty, the party complaining of the breach is entitled, whether or not actual damage or loss is proved to have been caused thereby, to receive from the party who has broken the contract reasonable compensation not exceeding the amount so named or, as the case may be, the penalty stipulated for. Explanation.— A stipulation for increased interest from the date of default may be a stipulation by way of penalty.

Please understand that usual and natural course of things or compensatory principle is generally said to satisfy when the damages are assessed on the date of breach of contract. This is on the presumption that a true and fair measure of damages would be represented by comparing the price in original contract with the price in the available market on the date of breach. However, it is imperative to note that if the non-defaulting party does not incur any loss assessed on comparison with the price in the available market, it would be only entitled to nominal damages for the breach committed.

There is no force majeure clause in your agreement. So, agency cannot be exempted from the liability.
Case can take upto 6-12 months in a Court. I have dealt with many such cases in Supreme Court.

To take criminal action Police complaint can also be filed under section 405 and 420 of Indian Penal Code (IPC) in the nearest police station in your area in Bangalore. You can file a zero FIR. A Zero FIR can be filed in any Police Station regardless of the place of incidence or jurisdiction. After registration, the same is later transferred to the appropriate Police Station having competent jurisdiction after investigation. Complainants who have access to the internet could file online complaints if their State or city provides such a service. Online services are available in Bangalore. Currently, filing an online complaint is the safest and most convenient method of reporting an offence. Using online portals for filing complaints or an FIR is easy. The options on the websites are easy to understand as well. A copy of the FIR would be sent to the email address provided by the complainant. Therefore, the complainant should make sure to give a working email address and/or their Whatsapp contact when filing a complaint. More than half of the Indian population has access to telephones and mobile phones. Even if someone does not have access to either of them, someone in their vicinity might have. If someone has to report a matter during the lockdown, they could dial 100 and call the police. It is legal to file a complaint on a telephonic conversation. You can request the concerned police officer to lodge a complaint on phone only due to Covid-19 crises.

To take civil action and to demand compensation for the mental and physical agony, you can send a legal notice through Advocate. I have recently issued some legal notices under my signature in this regard and the dues are settled of the aggrieved parties.
All legal action can only be taken once notice has been served upon the entity or individual you wish to take to court. It is only this process that legalises bringing a matter to court. The intimation sent is known as a legal notice. A legal notice is, therefore, a formal communication to a person or an entity, informing the other party of your intention to undertake legal proceedings against them. This notice, when sent, conveys your intention before the legal proceedings and thus, makes the party aware of your grievance. Many times, a legal notice served will bring the other party on heels, and the problem can get resolved out of court too, with fruitful discussions on both sides. And, if the other party is still not heeding to the grievance, one can always start the court proceedings after a particular interval, as stated by the law. Although a legal notice can serve as a purpose of negotiations between the parties and save time, effort and money that are usually spent in court cases.
According to Syed Askari Hadi Ali Augustine Imam v. State (Delhi Admn.), (2009) the Supreme Court has held that indisputably, in a given case, a civil proceeding as also a criminal proceeding may proceed simultaneously. So, you can take both civil and criminal actions together mentioned above. This will build pressure on Agency to clear your legitimate dues. 

You may contact my secretary to connect with me for clarification.
I hope you and your family are safe and healthy. Stay home and be safe during Covid-19.

 

Gopal Verma,
Advocate on Record & Amicus Curiae,
Supreme Court of India

Shri Gopal Verma
Advocate, New Delhi
371 Answers
10 Consultations

4.0 on 5.0

1. There is no rule that one be exempted from rent. Serve them with a legal notice. 

2. File a recovery suit against them. 

3. 6 to 8 months. 

4. If online facility is available than only, because online facilities are not available everywhere 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

1. The gymnasiums across the country are closed ever since the first lock down till this date.

Therefore the claim made by the agency is reasonable.

However if you do not want to give them any concession you may terminate the contract and demand money as per the conditions of contract including 40% because they have default in the monthly payment which led to the termination of the contract.

2. What do mean by which section, you have the clauses written in the agreement to initiate proper legal action in such events, you can invoke the said clauses.

3. Law has nothing to do with your financial commitments, you were advised to initiate legal action as per law and the conditions of your agreement.

4. You first issue  a legal notice to the agency and then you can approach court for recovery if there is no proper response or compliance of the demands made.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

1. The agency has no right to seek any kind of waive or reduction in rent on account of lockdown, albeit it can make a delayed payment of rent.

2. If lockdown has been completely withdrawn from your city/state then serve a notice to the agency to pay the arrears of rent, and if arrears is still not paid then you may file petition for eviction of the second party and also to recover the arrears of rent.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. If there is no Force Majuere cluase in the agreement covering the present pandemic ni waiver or modification of rent is liable to be given. 

2. On 3 consecutive months of default of rent the tenant is liable to be evicted for which you can send eviction notice followed by eviction suit. 

3. Suit for eviction and arrears of rent along with means profit takes time. 

4. The suit is to be filed in Bangalore alone and no where else. 

To put them under pressure inform the international agency about non payment of rent. 

Devajyoti Barman
Advocate, Kolkata
22774 Answers
484 Consultations

5.0 on 5.0

Dear Sir,

You are already aware that due to COVID 19 Pandemic, the whole world has been unexpected situation and as a reason, many of the business contracts have suffered. It is suggested that even though such clauses were not the part of the rent/lease deed, on the humanitarian grounds many owners have reduced the rent amount or have caused the changes in the agreement. You may also do the things as per your comfort.   

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

You are entitle to full rent and comapny cannot demand change and reduction in rent schedule. IF they terminate the agreement, you are entitle to 40% Equipment calue as per the condition of agreement.

If there is no force majeure clause in agreement, company cannot claim excemption.

NO complaint but have to file suit of specific performance.

Suit takes times, no intimidate relief but definite.

Online petitions are submitting in court but through an advocate.

Yogendra Singh Rajawat
Advocate, Jaipur
22591 Answers
31 Consultations

4.4 on 5.0

1-You have good case and reason to demand your dues from your opponents.

You can issue a legal notice for performance of Contract under Specific Relief Act failing which issue warning to them for lawsuits against them for performance of contract as per the clauses embodied there in.

Agency may take exception of COVID-19 issues which is available to you as well.Both of you are sailing in the same boat hence injustice to one and profit to other is against the principle of natural justice. No discount to agency. 

2-It Specific Relief Act  under section 34 and 36. 

A Civil recovery and remedial procedure for recovery of your suit before Court of Law. 

Criminal action 420 I PC .

Civil action and suits for 6 to 30 Months. Depends speed of progress in the Court and procedures followed by your Advocate and Counsel. 

Yes you may do at Mumbai and Mumbai Court has jurisdiction to entertain your matter but online filing is available to Supreme Court ,High Court and Tribunals only.Not District Court,Sessions Court,City Civil Court, Small causes Court or Magistrate Court.

If your claim is more than One Crores then High Court otherwise City Civil Court. 

Your case is of commercial nature hence you can not apply and approach to Consumer Forum. 

 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

Dear Sir,

You lodge complaint under the following sections of law

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Consequential Damages Under The Indian Contract Act, 1872

Section 73 of the Act provides that "When a contract has been broken, the party who suffers by such breach is entitled to receive, from the party who has broken the contract, compensation for any loss or damage caused to him thereby, which naturally arose in the usual course of things from such breach, or which the parties knew, when they made the contract, to be likely to result from the breach of it. Such compensation is not to be given for any remote and indirect loss of damage sustained by reason of the breach"It further states that "When an obligation resembling those created by contract has been incurred and has not been discharged, any person injured by the failure to discharge it is entitled to receive the same compensation from the party in default, as if such person had contracted to discharge it and had broken his contract." The explanation to Section 73 states that "In estimating the loss or damage arising from a breach of contract, the means which existed of remedying the inconvenience caused by non-performance of the contract must be taken into account."

It appears from Section 73 of the Act that the general principle for assessment of damages is compensatory, i.e. the innocent party is to be placed, so far as money can do, in the same position as if the contract had been performed. However, the question which arises for deliberation is that whether the Defaulting Party can be held liable for the indirect damages / consequential damages suffered by the Non-Defaulting Party?

Consequential damage or loss usually refers to pecuniary loss consequent on physical damage, such as loss of profit sustained due to fire damage in a factory3. It arises due to the existence of certain special circumstances. The basic rule for determining scope and extent of consequential damages, which Defaulting Party would be liable to pay to Non-Defaulting Party, was first elaborated in the judgment of Alderson B., in the English Court of Exchequer, in the case of Hadley v. Baxendale4. In the said case, the plaintiff, were millers and used to run the City Steam-Mills in Gloucester. A crankshaft of a steam engine at the mill had broken and the plaintiff arranged to have a new one made by W. Joyce & Co. in Greenwich, and for the said purpose W. Joyce & Co. required that the broken crankshaft be sent to them in order to ensure that the new crankshaft would fit together properly with the other parts of the steam engine. The plaintiffs contracted with the defendants, who were common carriers, to deliver the crankshaft to engineers for repair by a certain date at a cost of £2 sterling and 4 shillings. The defendants failed to deliver on the date in question, causing the plaintiff to lose business. The plaintiff sued for the profits lost due to the defendant's late delivery, and the jury awarded the plaintiff damages of £25. The defendants appealed, contending that they did not know that the plaintiff would suffer any particular damage by reason of the late delivery. The issue raised by the defendants in the appeal was whether the defendant in breach of contract could also be held liable for the damages that the defendant was not aware and which were suffered by the plaintiff from a breach of the contract.

The Court observed that "Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, i.e., according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it. Now, if the special circumstances under which the contract was actually made where communicated by the plaintiffs to the defendants, and thus known to both parties, the damages resulting from the breach of such a contract, which they would reasonably contemplate, would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances so known and communicated. But, on the other hand, if these special circumstances were wholly unknown to the party breaking the contract, he, at the most, could only be supposed to have had in his contemplation the amount of injury which would arise generally, and in the great multitude of cases not affected by any special circumstances, from such a breach of contract."

The Court further pointed out that "But how do these circumstances show reasonably that the profits of the mill must be stopped by an unreasonable delay in the delivery of the broken shaft by the carrier to the third person? Suppose the plaintiffs had another shaft in their possession put up or putting up at the time, and that they only wished to send back the broken shaft to the engineer who made it; it is clear that this would be quite consistent with the above circumstances, and yet the unreasonable delay in the delivery would have no effect upon the intermediate profits of the mill. Or, again, suppose that, at the time of the delivery to the carrier, the machinery of the mill had been in other respects defective, then, also, the same results would follow. Here it is true that the shaft was actually sent back to serve as a model for the new one, and that the want of a new one was the only cause of the stoppage of the mill, and that the loss of profits really arose from not sending down the new shaft in proper time, and that this arose from the delay in delivering the broken one to serve as a model. But it is obvious that, in the great multitude of cases of millers sending off broken shafts to third persons by a carrier under ordinary circumstances, such consequences would not, in all probability, have occurred; and these special circumstances were here never communicated by the plaintiffs to the defendants" Therefore, applying the aforesaid rule and considering the fact that the special circumstance was not communicated by the plaintiff to the defendants, it was held that the plaintiffs could not recover the loss of profits from the defendants.

A similar question arose in the case of Victoria Laundry (Windsor Ltd.) v. Newman Industries Ltd.5 In the said case, the defendants were to deliver a boiler for the plaintiff and the delivery was delayed by five months. As a result of not having enough laundry capacity, the plaintiff lost a high value cleaning contract from the Ministry of Supply. The plaintiff sued the defendants for the loss of profits on account of (i) the large number of customers which could have been served if the said boiler was delivered on time; and (ii) the amount the plaintiff could have earned if it had received the contract from the Ministry of Supply. In the instant case the defendants were aware that the plaintiff required the boiler for immediate use and therefore, it was held that the defendant as a reasonable man could have foreseen some loss of profit though not the loss of profit resulting from the special circumstance with respect to the Ministry of Supply's contract.

Therefore, the defendant was held liable to compensate for the ordinary loss of profits and not for the extraordinary loss of profits which were on account of the special circumstances.

Analyzing the principles laid down in the aforesaid cases, it is evident that there are two categories of damages which the can be claimed by the Non-Defaulting Party i.e. (1) which can be fairly and reasonably considered arising naturally, i.e., in the usual course of things, from such breach of contract itself; and (ii) which may reasonably be supposed to have been in the contemplation of both the parties, at the time they made the contract, as the probable result of the breach of it. The first category refers to the direct damages and the second category refers towards consequential damages. Consequential damages can only be claimed by the Non-Defaulting Party in case the special circumstances resulting into the consequential damage were already brought into the Defaulting Party's knowledge at the time of executing the contract.

It is also relevant to highlight herein that Section 73 of the Act very clearly provides that compensation is not to be given for any remote and indirect loss of damage sustained by reason of the breach on the contract. However, it also states that the Non-Defaulting Party is entitled to receive from the Defaulting Party the compensation for any loss or damage caused thereby, which the parties knew, when they made the contract, to be likely to result from the breach of it.

It is also evident from the above discussion that the principles laid down in aforesaid case of Hadley v. Baxendale have been adopted by the draftsmen within the language of Section 73 of the Act and the same has also been applied in various Indian cases.

It may be concluded that the general principle with respect to claiming the consequential damages by Non-Defaulting Party is that the Non-Defaulting Party is only entitled to recover / claim such part of the damages or losses resulting from the breach by the Defaulting Party, as was at the time of execution of the contract reasonably foreseeable as liable to result from the breach. Further, the damage or loss "reasonably foreseeable" would inter-alia depend on the knowledge possessed / shared between the parties. It is expected out of a reasonable person to understand and foresee the damage which may be suffered by the Non-Defaulting Party and resulting from the breach by the Defaulting Party in the "ordinary course". However, in case of existence of "special circumstances", which are outside the purview of the "ordinary course" what is of utmost importance, so as to be able to claim the consequential damages, is that the Defaulting Party should be aware of the said "special circumstances" which would result into consequential losses for the Non-Defaulting Party, at the time of executing the contract.

Section 39 of the Indian Contract Act1872

An actual breach is one in which there is actual non-performance of the contractual obligations. Section 39 of the Indian Contract Act1872 has laid out anticipatory as one where a party has refused to perform or disabled himself from performing the contractual obligations, i.e., repudiation

Section 39 in The Indian Contract Act, 1872

  1. Effect of refusal of party to perform promise wholly.—When a party to a contract has refused to perform, or disabled himself from performing, his promise in its entirety, the promisee may put an end to the contract, unless he has signified, by words or conduct, his acquiescence in its continuance. —When a party to a contract has refused to perform, or disabled himself from performing, his promise in its entirety, the promisee may put an end to the contract, unless he has signified, by words or conduct, his acquiescence in its continuance." Illustrations

 

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Section 406 in The Indian Penal Code

  1. Punishment for criminal breach of trust.—Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

 

Section 405 in The Indian Penal Code

  1. Criminal breach of trust.—Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or wilfully suffers any other person so to do, commits “criminal breach of trust”. 1[Explanation 2[1].—A person, being an employer 3[of an estab­lishment whether exempted under section 17 of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952), or not] who deducts the employee’s contribution from the wages payable to the employee for credit to a Provident Fund or Family Pension Fund established by any law for the time being in force, shall be deemed to have been entrusted with the amount of the contribution so deducted by him and if he makes default in the payment of such contribution to the said Fund in violation of the said law, shall be deemed to have dishonestly used the amount of the said contribution in violation of a direction of law as aforesaid.] 4[Explanation 2.—A person, being an employer, who deducts the employees’ contribution from the wages payable to the employee for credit to the Employees’ State Insurance Fund held and admin­istered by the Employees’ State Insurance Corporation established under the Employees’ State Insurance Act, 1948 (34 of 1948), shall be deemed to have been entrusted with the amount of the contribution so deducted by him and if he makes default in the payment of such contribution to the said Fund in violation of the said Act, shall be deemed to have dishonestly used the amount of the said contribution in violation of a direction of law as aforesaid.] Illustrations

(a) A, being executor to the will of a deceased person, dishon­estly disobeys the law which directs him to divide the effects according to the will, and appropriate them to his own use. A has committed criminal breach of trust.

(b) A is a warehouse-keeper. Z going on a journey, entrusts his furniture to A, under a contract that it shall be returned on payment of a stipulated sum for warehouse room. A dishonestly sells the goods. A has committed criminal breach of trust.

(c) A, residing in Calcutta, is agent for Z, residing at Delhi. There is an express or implied contract between A and Z, that all sums remitted by Z to A shall be invested by A, according to Z’s direction. Z remits a lakh of rupees to A, with directions to A to invest the same in Company’s paper. A dishonestly disobeys the direction and employs the money in his own business. A has com­mitted criminal breach of trust.

(d) But if A, in the last illustration, not dishonestly but in good faith, believing that it will be more for Z’s advantage to hold shares in the Bank of Bengal, disobeys Z’s directions, and buys shares in the Bank of Bengal, for Z, instead of buying Company’s paper, here, though Z should suffer loss, and should be entitled to bring a civil action against A, on account of that loss, yet A, not having acted dishonestly, has not committed criminal breach of trust.

(e) A, a revenue-officer, is entrusted with public money and is either directed by law, or bound by a contract, express or im­plied, with the Government, to pay into a certain treasury all the public money which he holds. A dishonestly appropriates the money. A has committed criminal breach of trust.

(f) A, a carrier, is entrusted by Z with property to be carried by land or by water. A dishonestly misappropriates the property. A has committed criminal breach of trust. Comments Criminal Conspiracy Sanction for prosecution is not necessary if a public servant is charged for offence of entering into a criminal conspiracy for committed breach of trust; State of Kerala v. Padmanabham Nair, 1999 Cr LJ 3696 (SC). Criminal breach of trust: Meaning and extent It must be proved that the beneficial interest in the property in respect of which the offence is alleged to have been committed was vested in some person other than the accused, and that the accused held that property on behalf of that person. A relationship is created between the transferor and transferee, whereunder the transferor remains the owner of the property and the transferee has legal custody of the property for the benefit of the transferor himself or transferee has only the custody of the property for the benefit of the transferor himself or someone else. At best, the transferee obtains in the property entrusted to him only special interest limited to claim for his charges in respect of its safe retention, and under no circumstances does he acquire a right to dispose of that property in contravention of the condition of the entrustment; Jaswantrai Manilal Akhaney v. State of Bombay, AIR 1956 SC 575. Entrustment The word entrusted in the section is very important unless there is entrustment, there can be no offence under the section; Ramaswami Nadar v. State of Madras, AIR 1958 SC 56.

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Kishan Dutt Kalaskar
Advocate, Bangalore
6135 Answers
483 Consultations

4.8 on 5.0

I would advise you to issue a legal notice for breach of contract and claim damages. For further consultancy and legal services you may contact any expert advocate through this web portal. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

No. Agency is not having any exemption, it has to pay rent.

Issue Notice demanding rent.

If no response, file suit for recovery of rent.

No, you need to wait till lock down is lifted.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

1. No if they are recieving rents from their client then they cannot get extemption from payment of rent.

2. You should send them a legal notice for recovery of rent due.

3. Then You need to file suit for recovery of rent and Compensation for Breach of contract cancellation of agreement.

4. Recovery suit might take a long time to dispose.

5. No you need to hire an advocate from Mumbai for Filing of suit and send him a Vakalatnama and details of case for Filing. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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