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umang shah (Legal Manager)     13 August 2012

Lock in for lease

Dear Experts,

We have entered into Lease Deed with the three yrs lock in period with the Owner, now our business is making huge amount of loss and our balance sheet is going in Red.

Therefore we have decided to terminate the Deed, but as per lock calsue, we can not terminate Lease Deed.

We have requested him to do settlement, the reason being we are not doing enough business to sustain in the market, he has stated that we need to follow as per Deed which states if we want to terminate/vacate the peoperty we need to pay remaing lock in period of rent to the him.

But our management is not ready to pay the remaining period rent ( cause it comes in to crore of Rupees) and instruct for the settlement.

We have tired many times to do settlement which never come on positive side. We have paid Rs 10 lacs SD and willing to pay more Rs 10 lacs as a part of settlement. But sitll the owner didnt show his readiness to compromise it and stick to the remaining period rent. which can not be accpetable by us in any case.

To safeguard to the Company what can be done from the legal point of view.

What are the consequances will be arise in the future against the Company.

Thanks for you advises and opinions in advance.

Regards

Umang Shah



Learning

 3 Replies

Advocate Rohit (Advocate)     13 August 2012

Dear Umang,

 

I have gone through the contents posted by you. but would like to know more about it and also would like to go through the documents executed by you with the landlordbefore giving you any opinionin this case.

 

You may call on 9324538481 for legal assistance.

 

Regards,

Advocate Rohit Dalmia

Mumbai

SACHIN AGARWAL (ADVOCATE)     13 August 2012

The landlord is right as per law and you cannot leave the premises without paying the rent for lock in period. But after having gine through the document of lease, final opinion can be formed.

ashok kumar (Social Worker)     09 December 2012

Though it depends a lot on teh way the wordings in teh agreement are actually drafted.(Sometimes dexterous lawyers draft a deed in such a mnner that it defeats the very purpose for which the draft was  made)

 

But as a matter of legal precdent and decided cases in Supreme Court there is NO ESCAPE form teh lock in period clause if it exists. The only dilution can be through an explicit compromise/adjustment/settelemt with the landlord


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