Vardhan 19 December 2017

Lease help

Hi All, I am Vardhan from Hyderabad TG State I have a question regarding tenancy, my dad has a property which he has given a lease to a small scale pharmacy company, upto 5 years we had no issues later in 2013 the person who leased our property committed suicide and we came to know he has a loan with a bank for the machinery used for manufacturing, and bank took over the property and seized the property stating until they sell the machinary we will pay the rent, we are absolutely fine with the bank as they agreed to pay the rent from the day they took over. The actual problem is here, we came to know the person who leased our property has a huge pending electricity bill (in lakhs), my question here is who has to pay that electricity bill? bank says it is not their responsibility to pay the electricity. Now they are ready to take that machinery out and vacate the property without clearing the electricity we did not agree for that. We sent a notice to the bank without clearing the electricity bill you cannot take the machinery and the case is pending no rent and the machinery is in the property. Some one please advise me how to deal this kind of situation. -Thanks Vardhan

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18 Replies

Adv. Mandar Pimpalkhare (Advocate) 19 December 2017

firstly clarify outstanding energy bills are for your leasee or what. Means whether the said energy connection is in name of leasee or leasor. in no case bank is responsible to pay outstanding bills of energy as bank is never consumer of energy inrespect the said outstanding.

Vardhan 19 December 2017

With the initial lease agreement he was able to get a transformer on the company name but the house number and plot number was mentioned on each and every bill

Vardhan 19 December 2017

Owner is also never consumer, but bank paid the rent for certain period

Adv. Mandar Pimpalkhare (Advocate) 19 December 2017

no issue company works are on the address so it's obvious pl no will be there in address be sure it's in name company and not on plot owners name

Vardhan 19 December 2017

It is on company name

Adv. Mandar Pimpalkhare (Advocate) 19 December 2017

'Owner is also never consumer' which owner plot or company

Vardhan 19 December 2017

Plot owner

Adv. Mandar Pimpalkhare (Advocate) 19 December 2017

agreed bank paid rent but as you said in your post bank has vacated machinery and surely will auction to recover it's due and will recover rent paid also from auction amount

Adv. Mandar Pimpalkhare (Advocate) 19 December 2017

plot owner is not consumer then it's not his responsibility to pay outstanding energy bills of tenant

Vardhan 19 December 2017

If that is the case bank is on safeside but who has to pay the energy bill that is the question? We are not allowing bank to take the machinary out until someone figure out who has to pay the the energy bills, that is the notice sent to bank and it is on hold no body from the bank side showing up when there is a cal from the court

Vardhan 19 December 2017

Then who has to pay? The pending bills have property address

Adv. Mandar Pimpalkhare (Advocate) 19 December 2017

When did tenant expired do you you have any details of his legal heirs you can claim your outstanding of rent from them.

Vardhan 19 December 2017

He was expired in 2013 we are not expecting any rent due as a courtesy from the party, only the energy bills which is 4000000 lakh rupees, he has a wife and small kids, she is helpless. We have already engaged a lawyer to look into this issue but no one from the bank is showing up when there is a hearing from court (5-6 hearings) my lawyer is saying let us give more time not sure why, we sent a notice in 2014 while bank was trying to take the machinery out with out figuring out the energy bill, machinery is still in the property.

Adv. Mandar Pimpalkhare (Advocate) 19 December 2017

Taking out machinery is right of bank, as being land owner you cannot stop bank from availing it's legal right to recover it's due amount from your tenant. Issue of payment of energy bill it's up to energy dept what action they have to took now. Apart both you and bank are not responsible for payment of energy bill

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