Garage usage for professional/commercial activity

Meghal (Querist) 19 December 2016 This query is : Resolved
I am a doctor , we own a closed garage in a chs, we have no flat in that chs, we have the share certificate of that garage, we had given an undertaking at the time of purchase many years ago when i was a child that the garage will be used for parking, but can i now start my clinic in that gargae in mumbai as professional activity? the society members are claiming 2 points that they dont wish any commercial activities in the building and 2 that since we have signed a document stating only for parking at time of purchase we cannot start a clinic, is there any way out in this?

Follow Query

Report Abuse

Rajendra K Goyal (Expert) 19 December 2016
Please visit:

http://timesofindia.indiatimes.com/city/nagpur/Running-clinics-is-not-a-commercial-activity-HC/articleshow/55039034.cms

A clinic run of a private doctor or their partnership firm can't come under the definition of 'commercial establishment' as per the Bombay Shops and Establishments Act, 1948, the Nagpur bench of Bombay High Court has held. Pronouncing the verdict on the plea filed by the Indian Medical Association (IMA) challenging the validity of Section 2 (7) of the Act, a division bench comprising justice Vasanti Naik and justice Indira Jain, made it clear that doctors or their partnership firms come under the category of 'professionals'.

Kumar Doab (Expert) 20 December 2016
The question arises from your query: Can Garage ( Not a Flat) be used for Doctors Clinic?

More so when an undertaking has been given!

Has Doctors Clinic been allowed in garage in Mumbai?

If yes; you have the precedence.

Rajendra K Goyal (Expert) 21 December 2016
Subsequent question on the thread were posted in new thread;

http://www.lawyersclubindia.com/experts/Garage-usage-for-professional-commercial-activity-626401.asp