LL of 5 years registerd , licensee did alterations without written permission , then got bouncers and restrained our access to our home above the licensed premise , then stopped paying since 9 months now , Revocation of LL notice and eviction notice sent , The Suit filed in Small causes court . Licensee yet not put WS. Can they still get a new Nursing home registration without our ie owners NOC ?
1. If there is a registered LL agreement with them then on its basis they can apply for license of Nursing Home.
2. However you can seek injunction in your eviction suit so that the court may restrain them from starting any business venture if they same has not been mentioned in the LL agreement.
3. You can inform the local licencing authority as well about the injunction order , once passed so they also intervene.
4. So engage an good advocate and ask for injunction at all costs.
See currently they are having the registered leave and licencse based on same they can get the registration done without NOC if not specifically asked for noc by department during registration.
They cannot get new nursing home registration without your NOC
Can you share the Law / case law / rules / regulations applicable to MCGM and thereby the premises which can be applied to Nursing Home Registration Act 1949 and Maharashtra Nursing bHome Registration Rules 1973 to make the new registration impermissible without NOC . It is urgent as they are in the process of getting a legal opinion to process registration . [deleted]
Form A for registration of nursing home requires nursing home to submit latest rent receipt if premises are rented
in addition copy of lease deed or leave and licence agreement with NOC is required for registration purposes
Which suit have you filed? Breach of contract, specific performance, or Rent and Eviction suit? You should have filed the Rent and Eviction.
Now in the suit, you must file a rejoinder, pleading restraining orders to restrain the respondents from carrying out any commercial activity whatsoever till final disposal.
no you can file a complaint to the said authority that you are not giving them NOC. And the said license should not be renewed.
take out an application in the pending suit and pray for relief that the licensee be restrained from applying for registration
NOC is must but he may forged it. check at registration office if any NOC submitted, if yes than file polcie complaint.
If house belongs to applicant than no NOC otherwise yes or it is should be permitted in agreement.
This is my response to you:
1. Obtain a stay order from court;
2. It is very important that you do;
3. Also take help of police and file an FIR against the tenants;
4. As much as possible, let the civil and criminal case run concurrently;
5. Consult a local lawyer and take steps.
You file an application seeking injunction restraining the licence-see from setting up the nursing home in the proeprty pending eviction petition before court till the disposal of the petition.
Since the eviction petition is pending before the small cause court you can file an injunction application seeking ad-interim injunction restraining them from registering the nursing home from this premises where they have no locus standi since the premises is already on dispute and since they have not paid the monthly rental amount for so many months they do not have balance of convenience or any semblance of rights to it.
To grant injunction till disposal of the main petition.