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Use of residential apartment as an ofice work place

(Querist) 07 August 2009 This query is : Resolved 
We are a private limited company own a residential apartment in a cooperative society in Ahmedabad. Our company is a member of the society. The share certificate is issued in name of our company.

When we purchase this property from the developer, he has allowed us to use the partment for office work space passing a special resolution in the society. and got the same resulation passed in the District Panchayat also.

This property falls within the limits of Ahmedabad Municipal Corporation. Our property is assesed as a coomercial property by the municipal corporation, and we are payning municipal tax for commercial use.

From very begining we are paying maintenance charges 2 times than other residential occupents in our society.

Now from few days administration body of our sociesty is demanding 7 times the maintenance charge against residential occupents. They have stop facilities of lift and thretening us to discunnect our water connection.

We request you to please advice us on this issue and kindly provide judgement relating to our query.

Dinesh Patel
Deekshitulu.V.S.R (Expert) 07 August 2009
file a suit for injunction restraining the body from interfering with your aminities, such as lift, common passages and walkways, and water and electric supply.

your grievance squarely falls with in the ambit of Sec. 38 of Specific Relief Act, and the law relating to injunctions. Do not waste time on queery
sanjeev murthy desai (Expert) 07 August 2009
Yes rightly answered by Mr.Deekshitalu.
Kiran Kumar (Expert) 07 August 2009
it is a fit case for permanent injunction....move a stay application as well restraing the defendant from interfering in the peaceful use of lifts during the pendency of the case.

better file a suit as suggested and obtain the stay orders so that in the mean time (i.e. during the pendency of civil suit) ur work is not affected.

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