Advocate Sachin Sukumar

Questions Answered by Advocate Sachin Sukumar

Q: Remedy against progressively increasing rent amount every three months

Hi , I am a classical dance teacher as well as college student from poor background. I am taking dance class to look after my parents since both are aged and unemployed. I am doing dance class in SANCHAR BHAVAN COMMUNITY HALL in TELECOM LAYOUT ,NAGAVARA . In 2012 I was paying rent 1000rs, from 2013 I was paying 1500rs, from 2014 they made rent 2000 this was going on 2017 Jan I was paying 3000 , and now they are asking me to pay 4000 from April month they are hiking very rapidly I hardly charge 500 rs per student I have around 30 students , if this continues for every 3 months if they increase the rent 1000 rs how can I pay , how can I pay my college fees , how can I take care of my parents . PLS GIVE ME SOME ADVICE HOW CAN I SOLVE THIS PROBLEM PLS HELP ME OUT PLS PLS

Advocate Sachin Sukumar answered
Hello, On the outset, I'm sorry to hear about your troubles and I sincerely hope that things get better. Moving onto the issue at hand, the yearly appreciation of rent is something that's inevitable. Most landlords will protect their interests by increasing the yearly rental amount, factoring in the increasing property rates and standard of living. If you have a rental agreement or contract which specifies certain basic terms and conditions which includes but is not limited to; The rent amount, increase or appreciation in rent, etc, then please go through the aforementioned contract and ascertain as to whether or not they've specified that they (the landlords),have a right to increase your rent and see their frequency. If there isn't an agreement in place, then chances or likelyhood of arbitrary increase is quite high and there is little you can do. Try to speak to them and get them to sign a rental agreement which caps your rent for the rest of the year, or for a period of 11 months, whichever is longer, so that you're only going to pay a fixed sum till then. If they (the landlords) refuse to enter into an agreement for use of space, which has defined terms and conditions, then I'd suggest that you find an alternate venue for conducting your dance classes and enter into an agreement which would last for a year or so, where all your obligations and their obligations are listed out clearly, with respect to your rent amount, the increase in rent amount, if any, and finally under what circumstances you may have to vacate the venue.

Q: How to deal with non payment of full & final settlement.

Hi Legal Team, Greetings to all of you.. I was employed with X consultant company since Sep 18-2016 until I decided to quit for various reasons including citing health reasons on 17-02-2017. During this period my relationship with the company CEO & Founder was very warm as we live in the same vicinity and generally meet face to face sometimes. On the day of my resignation being accepted ( 16-02-2017) I was told that the Accounts department would get in touch with me for my Full & Final payment once I complete the stipulated 45 day notice period though I was relieved on the spot. I accepted it and in good faith waited out another 30 odd days as they cited delay in payments from clients etc. Post that on May 3rd, 2017 I collected my Full & Final payment through cheque that was again post dated 25-05-2017. As the date was approaching I got a call from my ex company accountant asking me not to present the cheque on 25-05-2017 as their payments are still held up and could take 10 to

Advocate Sachin Sukumar answered
Best alternative is to deposit the cheque after sending a notice that you need the money based on their promise or you would be depositing the cheque in the Bank. For Cheque Bounce the Director have a criminal liability.

Q: Transfer of shares and payment of liabilities by exiting founder

one of the founder of the company (total 2 with 50% share each) has decided to quit as director of company. It has been 6 months since he quit, has not paid his share of liabilities and neither transferred the shares.

Advocate Sachin Sukumar answered
The ideal way would be to pressurise indirectly for Non-payment of existing dues as this makes both the Directors liable for the dues. Therefore we then send a notice to the Company from the a third party (mocked up) for the due amount. With this notice we go to the Director for his share of liabilities, his non payment holds him liable and can also attract Jail Term. So we then leave two options to him settle the amount and stay in the company or leave the company and you take over the liabilities

Q: How to proceed with winding up of company

I own less than 15% shares in a pvt. limited company and i'm an executive director of the company. While the other directors have already resigned there is still a assistant director with me with similar shareholding. Our company is not operational. I wish to close the company, but some shareholders may not agree with the same. How should i go about closing or relieving myself of the company affairs as director?

Advocate Sachin Sukumar answered
Hi.You can choose Voluntary Winding up route to wind up your company. However if the other shareholders are not letting you wind up then make a third party raise an invoice to the company. As the company does not have money to pay the third party can file a winding up petition under the Bankruptcy Code. Best way out of this problem