[2016]DLHC11583April 26, 2016High Court

POWER PLUS GROUP PTE LTD. vs. B & P IMPEX LTD AND REDSEA MARITIME SERVICES LTD.

The Plaintiff/Applicant prays this Court for an order for the seizure, detention and preservation of the Power Plus Crane, which the Applicant describes as the subject matter of the suit and which according to the Applicant has been hired out by the 1st Defendant to the 2nd Defendant on a contract of hire. The 2nd Defendant, though it admits to having hired the said crane sometime ago, opposes the instant application on grounds that the said crane is no longer in its custody. This, the Plaintiff/Applicant is unable to confirm or deny. What is however not in dispute is the fact that the crane remains in the care, possession and control of the 1st Defendant. The 1st Defendant does not deny owing the Plaintiff but insists that it will be unjust for the Court to grant the instant application as the contract entered into by the parties does not confer a right on Plaintiff to recover possession of the said crane in the event of a failure by the 1st Defendant to pay the purchase price. The...