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leave & license agreement with government but no possession given


22-Dec-2023 (In Property Law)

I had entered into a leave and license agreement with a government local authority for property of the govt. for conducting business. The local authority did not allow me to use the property for a few months and continued charging a rent for those months. I objected to the making the rent payment for such months and the local authority took forcible possession of the property and damaged my goods. I want to claim 1.5cr loss against the authority. Property is located at Vashi. There is arbitration clause in the agreement. Can I approach a court instead of going in arbitration? Thanks alot

Answers (2)

Answer #1
941 votes
You need to enter into Arbitration negotiation since you have signed the contract and agreed to this particular clause.Also You can evade the arbitration clause if you file a criminal complaint against the governments under Indian Penal Code
Answer #2
702 votes
When there is an arbitration clause then go for it. It is always better if your get solution by the said clause. The loss is huge but still it will be better to claim for damages by filing suit in the court . It will take years together to get ur claim. Moreover, the other side will have option to go for the appeal and again further some year will be lost.

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