Removal of BTS tower from my premises
One of the conditions of the agreement as per Clause (3)(g) reads as follows:
“The licencee shall not part with possession of the said premises or induct any third person under any Agreement, whatsoever, provided however that the LICENSOR hereby permits the Licensee to induct/part with possession of the said premises to its sister concerns or companies under the same management or to group companies or to the Agents/Franchises of the Licensee”.
According to the clause 8(d) of the agreement reads as follows:
“If the monthly license fee payable by the licensee
remains in arrears for a period of three months, the licensor shall give three months notice in writing calling the licensee to pay the same and on failure of the licensee to pay the same, the licensor shall be entitled to terminate this agreement”.
Both the clauses are breached by the company and The company is in Insolvency process and under NCLT. I was writing them to remove the tower and no response from Insolvency consultant or Resolution professional. What should I do? Can I go ahead and remove the tower on my own. We were planning to development our property and waiting from 2 years no proper response from any responsible persons.
Kindly advice me.
Ravi