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Paramaanu (CEO)     16 April 2010

Unregistered Lesase Before 1st April 2000

Small causes court decreed in favour of the landlords in a case having unregistered lease , not duely stamped .

The Tenent is a multy national company with paid up capital more than 1 Crore .

Maharashtra laws dont give protection to such companies since 2000.

Company has admitted this in the prospectus submitted by sebi, under the discloser of risk factorsthat they have to vacate the premises after due process of law.

after loosing in the small causes court, Instead of vacating the premises, the company lodged appeal in district court.

In the appeal, they are allegging land lord to not bringing the said lease original document in font of court, where as they them selves have it.

The suit premises is locked as company has shifted to a new bigger rented  show room  not even 1 Km from the away.

The company is not follwing the court order of depositiing the monthly rent in the court and prefers to ask permission to deposit before the arguments of the Appeal case.

The company's only intention is to harras the landlord in his late 70's by clutching in the legal process so gain undue money to vacate the premises.

1. Has company commited contempt of court by not depositing the monthly rent ?

2. If landlord persues the contempt proceedings, how much time will be consumed ?

3. Can The contempt proceedings be running parellel to main purpose eviction case ?

3. Can landlord demand compensation for delayed payments ?

4.  Is there any Dum in the tenants allegation that land lord did not produce original documents, when they themselves possess it ?

5. What is the legal protection to landlords to face false allegations by the compnay ?

6. The company  recently was penalised by supreme court for contempt of court in similar  case against another land lord in Maharashtra. does this fresh penatly to the company used as evidence to strengthen landlord's side without causing any delays in the case ?

 7. How to prevent company from going to High court and supreme court on frvelous grounds ?





 2 Replies

Rasik Dagli (Lawyer)     17 April 2010

One can not prevent the company  going to higher courts by alleging that it is on frivolous grounds. The landlord can make an application to the District Court for regular deposit of rent in court. If such an order is made and thereafter Company do noyt deposit the rent, landlord will be able to get the appeal dismissed by the District Court.



Paramaanu (CEO)     17 April 2010

Thanks Adv. Dagali.

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