PARKING IN INDUSTRIAL ESATE

manoj (Querist) 31 May 2011 This query is : Resolved
DEAR SIR,
I had given my property on lease to courier company in my industrial Estate (Mumbai) in April 2010 & society had given a NOC for the same & in NOC they asked for Car parking charges for the licensee will be Rs. 2500 for day time & Rs. 1500/- PM for night times. in the month of August there was a General Body Meeting held and they bought up the matter with the permission of the chair that " NOT TO ALLOW ANY VEHICLE AFTER 9.00 PM. & the society is not allowing any vehicles in night premises so they left with no alternative but to bring the material from gate by hand. again society last week told the they can’t bring the material by hand also and gate will be closed .
I had met the chairman for the same and they say it is the mentioned in AGM in 8-8-2010 report.
Since my licensee is pressing me hard for the vehicle to be taken inside the premises as they are losing heavily.
It is an Heavy Industrial Estate what action we can take so that the matter is sorted out at the earliest.Since monsoon are coming nearer & i do not want to loose a good client who pays us the good rent in advance.

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Guest (Expert) 04 June 2011
No alternative, except to get the time changed at least up to 11.00 PM through a resolution in the AGM. Otherwise the company can reschedule its own time to bring in or pass out the materials for delivery within the fixed time by the society.

manoj (Querist) 04 June 2011
Thanks for your reply and your valued time for the same. Since society has given NOC for the same & the Licencee agreement is also regristered for 36 months.In the agreement it was mentioned to work for 24 Hrs as they are having courier services which are close to airport they have the vehicles which come in night and they are ready for delivery in morning & it is a time bound commitment,it is in MIDC zone industiral area which no residential around. Increasing by 2 hrs. is not a solution since they needed 24 Hrs with through & fro Movement. Whether we can file a complain to the registrar / coperative court against the AGM which was not mentioned in the agenda but took up with the permission of the chair.
Is the society AGM is the final Authority ?
Since society will condut AGM meeting in Aug. and my licensee is not willing to wait till August. What action we can take so that the matter is sorted out at the earliest without any loss of time.

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