Query under Maharashtra Rent Control Act
M.R.Nair
(Querist) 20 June 2008
This query is : Resolved
A limited company (A) whose is my tenant, and whose paid up share capital is less than Rs. 1.00 crores has been taken over by another limited company (B) whose paid up share capital is more than Rs. 1.00 crores, and is now under its (B) management and termed its 'associate' company. B is also referred to as the Holding Company of A in the balance sheet of A. Can A, my tenant be evicted under the above referred act since it is now held under the management of B whose paid up capital is more than Rs. 1.00 crores? What are the legal implications of the terms 'under the same management', 'associate' and 'holding company'?
Manish Singh
(Expert) 20 June 2008
if the company is the smae to which you had fiven the property on rent, then you can not take back the property.
but it can not be used by other associate company if theere is no such clause authoriing the company to let the premises to be used by associate or concerned companies.
associate companies means and includes every sister concern or other associated concern like franchisee etc.
