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lina abood (bussiness)     24 January 2010

due date for vacating my office has come

dear sir

i have already  posted my problem with they lady who is occupying my office according to regisred leave and licence agreement ,the due date has come close that is on 26 and till now she telling both side broker she will not give me my office if i have to take from her last month rent or if i charge her service tax now i have already offer her to pay me 50./. of the s tax due but still she is not agreeing

now just advice me on 26 in case she dosent give me the key what step i should take ,in fact i want to take my full due right from her because she has harres me lots

thanking you in advnce and waiting for your help 



Learning

 13 Replies

A V Vishal (Advocate)     24 January 2010

Serve the licensee a notice asking to vacate the premises as the license expires on 26th and you are not interested in continuing/granting a fresh license period. Give the licensee reasonable time viz may be 3/5/7 days to vacate and hand the vacant possession to you failing which you can proceed legally against the licensee.

1 Like

rajkumar.vnm.marupeddi (advocate)     24 January 2010

you can initiate legal proceedings in a court of law but, only after issuing prior notice giving some time for vacating and delivering the premises. If terms of agreement stipulate any period of time for issuing notice, comply the term.

1 Like

lina abood (bussiness)     24 January 2010

dear sir

i had already serve her notice and i give her 2 month time according to the agreement ,and she has already empty the office but she is not ready to give the key asking for her full security deposit amount ,please sir advice me i am just on my own i need some body to lead me ,

A V Vishal (Advocate)     24 January 2010

If Notice is served you will have to wait & watch and if she does not vacate then file a suit for eviction of the licensee. his is the only available legal remedy.

1 Like

lina abood (bussiness)     24 January 2010

dear sir, thank you very much for your advice and support but remain only small thing i requste you to clear it for me filing suit  in the court  for eviction how many days it should take to get the order provided all my document is clear

A V Vishal (Advocate)     24 January 2010

It is a civil dispute, time cannot be predicted in our judicial process

1 Like

lina abood (bussiness)     24 January 2010

so during all this time  ofgoing for getting eviction order she will be holding the office key with here ?by this way let us say the matter taken 6 month so i will be facing lose of six month rent are she suppose to pay for that or  i have to take that lose?

again sir i am troubling you but frankly she has put me in deep tintion

A V Vishal (Advocate)     24 January 2010

Yes, it may be beyond 6 months also, however, the monthly rent until finality is reached will be deposited in the court. Further all damages, costs, expenses and interest can be claimed against the licensee.

1 Like

lina abood (bussiness)     24 January 2010

God bless you in each and every thing you are doing ,you have really safe me from my tintion

thank you sir

by the way are you practising im mumbai

A V Vishal (Advocate)     24 January 2010

Unfortunately NO, I am not practising in Mumbai. Also I suggest a good lawyer for your case.

A V Vishal (Advocate)     24 January 2010

Also I suggest you to hire a good lawyer for your case.

lina abood (bussiness)     24 January 2010

thank you sir  ,frankly i dont any lawyer ,in case you are having any referance

A V Vishal (Advocate)     24 January 2010

Mr Palnitkar a very senior member of Maharashtra, a retired District Judge and presently a practising advocate in Aurangabad is the safest bet you can bank for guidance and help, he will guide you more in detailed.His contact is vpalnitkar@gmail.com or cell no. 9665020111.


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