Advocate Sujit S Mashal

Questions Answered by Advocate Sujit S Mashal

Q: Arbitration agreement doesn't include appointment of particular arbitrator? What should I do? How ca

Arbitration agreement doesn't include appointment of particular arbitrator? What should I do? How can we appoint one?

Advocate Sujit S Mashal answered
If the contract does not stipulate the procedure for appointment of an arbitrator then the aggrieved party should invoke the arbitration and address the appropriate notice to the other party. thereafter you can file an application for appointment of an arbitrator before the court of competent jurisdiction.

Q: Box Grill Of Our Home When Occupation Certificate Is Issued

We had constructed box grill in our flat in which society levied us 1.5 lakh fine and then ordered us to remove the grill through a lawyer. We then removed the grill and they are still imposing a fine of Rs.60000. Our society has recieved occupation certificate till 13th floor and we stay on 3rd floor. Rest members are allowed to do all un law full things like parking cars in the society compound where there was no official parking and its approved by the society committee to them in the AGM. They are always making all rules in there favour. Many members of the society have requested the committee with us to resolve the fine but they are replying that they have to set an example so that no one ever breaks any rule again. What should we do please help

Advocate Sujit S Mashal answered
First of any internal construction which is in the nature of permanent structure and not accordance with the bmc laws and requires permissions is unauthorised. You can always challenge the mandate of the society before various authorities depending on your particular facts and situations. Any arbitrary act by the society which is not in consonance with the bye laws is illegal and ought to be challenged. Consult a lawyer to understand more.

Q: Need help as my husband is leaving me

We got married last year and my husband wants to leave me because his ex wife wants him back and he's making an excuse saying his daughters need him.

Advocate Sujit S Mashal answered
You need to first talk to him and try to ascertain the actual reason. thereafter you need to approach a lawyer for filing a suit for restitution in case he starts to live seperately.... In any event you need to have a cause of action to initiate any legal proceedings.

Q: Tenant not paying rent in pagdi system

Hi, our building was built in 1989 and about 70% of flat is under pagdi system. Tenants are not paying rent on time, sometimes they don't pay rent for years. Is there a way we can evict them? Also I want to understand who should do repairing ? And what is the law for redevelopment? Also they have done changs in their rooms like adding extra windows in their flat or changing door direction without permission can that be reason to ask them to leave?

Advocate Sujit S Mashal answered
As per the Rent Act you can evict the tenants those who are not paying you the rent on time. There are various other grounds on which eviction is possible and a suit shall lie in the small causes court. Structural changes to the tenaments would attract action from the municipal corporation in addition to being one of the grounds for eviction.

Q: My husband is not ready to keep me with him nor he is ready to leave m

My husband is not ready to stay with me nor he is ready to leave .from past 7 months we r staying separately.i m a Muslim and what should I do

Advocate Sujit S Mashal answered
It all depends on what do you want. If your husband wants to reconcile the you can have a clarity to that effect. If there is no reconciliation then you can get the marriage annulled and decree of divorce...