Menu
keyboard_backspace
ask a question ask a question
Get Realtime Updates of your Request. Download Vidhkarya App

Ask a Question - Free Legal Advice

Q. Shop on rent turns npa

We have taken a shop on rent for a period of 11months. Now the owner of the shop has turned Npa as he has not being paying his EMI for this shop loan for 5 months. However now the bank people are coming on our doorstep. We have heard that the bank can seal the shop. They have issued notices to him under SARFAESI. So he is telling us to pay the EMI to the bank. However we have spent lots of money on the interior and expenses of the shop. Our agreement is till May 2019. Today on discussion we decided to continue till he has our deposit money and not pay him the rent and let it be deducted from the deposit money. Once our deposit money is exhausted we will immediately vacate. But the owner refuses to understand he says either pay the rent or vacate the shop. While giving the shop he had told us that we can run our business for years and years. However in just 5months we are in a bad situation. Now what should we do. We do not have money to go somewhere else and incur losses by again doing so much expenses. We want advise as to what is the next step we should take. We are insecured whether he will give us the deposit once we vacate. He speaks very harshly and it's very difficult to make him understand. We want to wait till 10April 2019 without paying him any further rent and exhaust our deposit and leave. Please advise.
Share this questionShare Icon

Showing 4 of 4 Responses

A. Dear Sir,

The bank has vast powers and you may request them to allow you to continue to stay till expiry 10 April 2019.
For full procedure contact me on mobile through Vidhikarya.
Rate me Five Star *
Please visit the following link.

https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07

Found Helpful
Found Helpful
Share this answerShare Icon

Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 2 weeks ago

View All Answers
Reply Here

A. As suggested by the learned brothers, file a case for injunction and simultaneously have an arrangement with the bank that you will pay the rent directly to the Bank's account. Meanwhile send a legal notice to the landlord and bring him to the court for breach of trust and breach of the agreement.

Found Helpful
Found Helpful
Share this answerShare Icon

Abhimanyu Shandilya

Experience: 14 Year(s)

Responded 2 weeks ago

View All Answers
Reply Here

A. U should file injunction/ stay petition before court to stop any kind of activities.as a owner. Or send legal notice through lawyer to the tenant for pay all dues immediately

Found Helpful
Found Helpful
Share this answerShare Icon

Rameshwar Dadhe

Experience: 2 Year(s)

Responded 2 weeks ago

View All Answers
Reply Here

A. Dear Sir file injunction/Stay petition before Court. To stop any kind of action from Owner or bank.
Send notice to owner demand your all expance and file one case for violation of clause of agreement
Lawyer
Vidhikarya

Found Helpful
Found Helpful
Share this answerShare Icon

Sunil Kumar Singh

Experience: 17 Year(s)

Responded 2 weeks ago

View All Answers
Reply Here