TMI Blog2001 (9) TMI 1170X X X X Extracts X X X X X X X X Extracts X X X X ..... ertain articles were released to the petitioner by the Board for the above work. It is alleged that some of the articles were stolen away from the premises of the petitioner. Though the petitioner did not take any criminal action with regard to the alleged theft, the Board filed a complaint, based on which C.C. No. 254 of 1998 of the Judicial Second Class Magistrate Court, Hosdrug was registered. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... retrieved from the criminal court on an application made to that effect. It was further held that it was only after ascertaining the value of the materials as above that any recovery proceedings could be initiated against him. Pending fixation of the amount, it was directed that the interim direction granted in C.M.P. No. 7675 of 1990 in Ext. P4 would continue to be in force. 2. The grie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rects crediting of sale proceeds has become unworkable. In Ext. P5 the Board also took a stand that the articles recovered were not those made available to the petitioner in connection with the contract in question. The result of the aforesaid contentions and findings is that there are disputed facts to be settled before any direction can be given either allowing the claim of the petitioner for pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ach of contract. 6. In view of the aforesaid legal position and also for the reason that the direction in Ext. P4 that the fixation of damages should be with notice to the petitioner stands violated, Ext. P5 order cannot be sustained. It is accordingly set aside. Both parties are directed to work out their remedies through the machinery, if any, contemplated in the contract executed betwe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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