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adv. rajeev ( rajoo ) (practicing advocate)     02 May 2011

Whatz the efeect of agreement

Dear Members,

Here is my question.  There is agreement between Lessor and Lessee.  Lessor is APMC.  Lessee had taken weighbridge on lease basis for 11 to 55 months.  There is a condition in an agreement that licensee if he is not willing to continue the business before two months notice is must to the lessor within 11 months period. 

Lessee within 11 months issued a notice because of loss in the business and there is no profit in running that business, but now the APMC  has refunded only 50% of the deposit and it is denying to pay another 50% to the lesee because as per APMC act it cannot be refunded, which is amended in the year 2007.  This condition is not in an agreement and moreover this agreement is made in the year 2009.

In my opinion APMC has to act in accordance with the agreement,   It cannot deny to refund the entire deposit saying that section is amended in the year 2007. Am I rifght.

With Advance Thanks,



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