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LEAVE AND LICENSE AGREEMENT

AGREEMENT FOR LEAVE & LICENSE made at Mumbai this ___ day of

July in the Christian Year Two Thousand and Ten BETWEEN

Mr.JAWAHAR C. RATANPAL, an adult, Indian Inhabitant, having his

address at 627/9 “SHYAM NIKETAN”, P.D. Hinduja Marg, Khar Pali

Road, Mumbai 400052, hereinafter called the "LICENSOR" (which

expression shall unless it be repugnant to the context or the meaning

thereof deem to mean and include his legal heirs, executors,

administrators and assigns) of the ONE PART


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AND

SIDDHARTH SANEWAL, an adult Indian Inhabitant having his permanent

residence address at House No.96-D, Subash Nagar, Rohtak, Haryana,

Postal Code-124001 and PRATEEK KATEWA an adult Indian Inhabitant

having his permanent residence address at House No.193,Jai Ambeshwar

Nagar A, Lane No.6 Ghandi path, Queens Road, Jaipur, Postal Code

302021, hereinafter called the “LICENSEES” of the OTHER PART.

WHEREAS:

a) The Licensor is the exclusive owner and is seized and possessed of the

Flat No.201, and One Car Parking Space in the Building called “SAI

SADAN” and is authorized to give the same on Leave and License

basis to the Licensee.

d) The Licensees has requested the Licensor to allow them to occupy and

use of the said licensed premises for their residential purposes only for

the temporary period of 12 months commencing from 10th July 2010

and ending on 9th July 2011.

e) The Licensor has acceded to the said request of Licensees to allow

them to occupy and use of the said Licensed premises on the terms

and conditions mutually agreed between the parties.

NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED

BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:


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1. The Licensor allows the use of Licensed premises being Flat No.201, of

the Building “SAI SADAN” together with One Car Parking Space in the

said building situated, lying and being at Bandra (West), Mumbai 400 052,

in the registration sub-district of Bandra, Mumbai Suburban District

(hereinafter collectively referred to as "the said Licensed premises”) by

the Licensees under Licensor’s Leave and License for the residence of

Licensees only on the terms and conditions mutually agreed, as set out

herein.

2. The Licensor does hereby allow and permit to the Licensees, subject to and upon

the terms and conditions herein contained, to enter upon and use the said

Licensed Premises for their residence on "Leave and License basis" for a

temporary period of 12 (Twelve) months commencing from 22 nd July 2010 and

expiring by efflux of time on 21st July 2011 (hereinafter called "the license

period") unless the same is determined earlier by either of the parties hereto as

hereinafter provided.

3. The License Fee shall be Rs.10,000/- (Rupees Ten Thousand Only) per month.

The License Fee for the month starting from 22nd July 2010 to 21st July 2010 shall

be paid by the Licensees on the execution of these presents. The License Fees

for the period of 11 (Eleven) months starting from 22 nd July 2010 to 21st July 2011

shall be paid in advance at the time of execution of these presents by the

Licensees in the form of 11 Post Dated Cheques dated 22nd of every month

starting from 22nd July 2010 (hereinafter referred to as “PDC”).

4. In addition to the said License Fee, the Licensees shall deposit and keep

deposited with the Licensor during the currency of this Agreement, a sum of

Rs.1,00,000/- (Rupees One Lac Only) being an interest free refundable deposit,

as security for the use of the said Licensed Premises and for observance and
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performance of the terms and conditions as contained in this Agreement

(hereinafter referred to as “the said Security Deposit”) in particularly handing

over the vacant charge of the said Licensed Premises to the Licensor on expiry

of the License or earlier termination thereof in accordance with the terms hereof.

The Licensees has paid the said Security Deposit to the Licensor on or before

the execution of this Agreement, the receipt whereof the Licensor hereby

acknowledges. The said Security Deposit shall remain deposited with the

Licensor and shall be refunded (but without interest and subject to deducting

amount, if any, payable by the Licensees to the Licensor under this Agreement

and only they handing over the keys of the said Licensed Premises to the

Licensor on expiry of this Agreement by efflux of time or on earlier determination

of the License hereby granted. The Licensees shall not be obliged to vacate the

Licensed Premises and pay any compensation for the use thereof until the return

of the deposit.

5. In addition to the payment of the aforesaid License Fee, the Licensees shall be

responsible for payment of all charges for electricity consumed in the said

Licensed Premises by them during the license period as per the separate electric

meter/meters reading as well as for the payment of telephone bills, including bills

for the telecommunication equipments installed in the said Licensed Premises,

(gas, cable etc).

6. Either parties hereto shall be entitled to terminate this Agreement by giving a

prior written notice of minimum 1 (One) month to the other party PROVIDED

HOWEVER that such option of termination shall not be exercised for an initial

period of 7 (Seven) months.

7. The Licensor undertakes to pay all the Municipal taxes including water charges,

property taxes, rates and cess and all outgoings and other charges in respect of
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the said Licensed Premises to the local authorities and/or any other local

authority regularly, diligently and without fail and shall keep the Licensees

completely discharged thereof. If any increase in taxes, rates, cess or charges is

levied by the Brihan Mumbai Municipal Corporation or any other authority on

account of these presents, such increase, shall be borne and paid by the

Licensee.

8. The Leave and Licence granted hereunder is strictly for the use of the Licensees

during the period of the Licence period and for their residence only. The

Licensees shall not induct any other person in the said Licensed Premises or

allow any other person to use or occupy the said licensed premises or any part

thereof for any purpose. It is expressly agreed that the Licence granted to the

Licensees is to use the said Licensed Premises purely to personal to the

Licensees only and shall in no case exclude the Licensor or its agents, servants,

representatives etc. from looking after the said Licensed Premises.

9. The Licensor shall deliver one set of duplicate keys of the main door of the said

Licensed Premises to enable the licensees to enter and use of the said Licensed

Premises. However, the physical and judicial possession of the said Licensed

Premises along with original set of keys shall always remain with the Licensor.

10. The Licensor shall permit the Licensee, its servants and agents against the

execution hereof, to enter the said Licensed Premises. All aforesaid Licensees

are equally and severally liable for various payment to the Licensor hereof.

However, if the Licensees fail to pay the various amounts to the Licensor as

mentioned herein within the stipulated time, the time being of the essence, the

Licence created hereunder shall stand determined forthwith and the Licensor will

have a right to prevent the Licensees, its servants and agents from entering the
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said Licensed Premises for the said purpose notwithstanding the provisions of

this agreement.

11. The Licensees shall use the licenced premises with due care and caution and

shall keep the said Licensed Premises in good order and condition and upon the

expiry of this licence, the licencees shall leave the same in as good condition as

they are on the date hereof and shall make compensation for any damages done

(reasonable wear and tear excepted).

12. The Licensees shall use the said Licensed Premises as bare licensees only and

such use shall cease forthwith on efflux of time or upon sooner determination of

this Leave and Licence given to Licensees.

13. The Licensees hereby covenants with the Licensor as follows:—

(a) to pay regularly and punctually as provided hereinabove the monthly

licence fee and other amounts payable by it to the Licensor.

(b) To use in a prudent manner the said Licensed Premises for the purpose of

office only and for no other purpose whatsoever. The Licensees shall not

carry on any illegal activities in the said Licensed Premises.

(c) Not to damage any of the walls, partitions walls, flooring and ceiling of the

licenced premises or any of the Licensor fixtures, furniture, fittings and

articles therein and to keep the same in good order and condition

(reasonable wear and tear excepted).

(d) Not to paint, affix or exhibit any name, sign symbol graph or writing or any

other thing upon or outside the said Licensed Premises save and except

that the Licensees shall be at liberty to put its name board and/or name

plate on the outer wall of the said Licensed Premises to indicate the

location and address of the Licensees.


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(e) The Licensees shall not carry out any work of permanent alteration

whether structural or not in or about the said Licensed Premises or any

portion thereof.

(f) Not to hold the Licensor responsible or liable for any loss or damage

suffered by the Licensees on account of destruction caused to or in the

said Licensed Premises or to any property brought by the Licensees in the

said Licensed Premises either by fire, accident, theft or otherwise or by

any act of omission on the part of the occupants of the other premises in

the said property except for willful default or negligence on the part of the

Licensor.

(g) To make good to the Licensor any loss or damage that may be caused to

the said Licensed Premises and equipment or apparatus or any other

fittings, fixtures, articles or property of the Licensor therein as a result of

negligence on the part of the Licensee, its servants, employees, agents,

customers, visitors and/or persons calling at the said Licensed Premises

in connection with the business of the Licensee.

(h) Not to do or permit to be done upon the said Licensed Premises anything

which may be or become a nuisance to the Licensor or the other

occupiers of the said Licensed Premises or to any of the neighboring

Licensed Premises or which may prejudicially affect the rights of the

Licensor.

(i) Not to bring or store in the said Licensed Premises any combustible or

otherwise dangerous material as may impair the safety of the building or

as may increase the premium of Insurance of the building or render void

the Insurance.

(j) To perform and observe strictly the provisions hereof and also the laws for

the time being in force and also the rules and regulations and bye-laws of

the Society and applicable to the said property in which the said Licensed
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Premises are situated for the time being and from time to time in force.

(k) Not to claim exclusive possession of the said Licensed Premises, such

exclusive possession of the said Licensed Premises being with the

Licensor and not to claim tenancy rights or any other right, higher than the

limited right to use the licensed premises during the licensed period and

not to claim any protection as tenant or protected licensees under the

Rent Act.

(l) To indemnify the Licensor against any loss or damage that may be

suffered as a result of breach of any of the provisions herein contained or

otherwise due to any act or conduct of any of the Licensee, their servants

and agents leading to breach of the provisions hereof or of law or of the

rules and regulations and bye-laws of the Society or body owning the said

building, as may be in force for the time being and from time to time.

(m) To remove itself from the said Licensed Premises with all their

belongings and to restore the said Licensed Premises to its original

condition (reasonable wear and tear excepted) and leaving the same in

the hands of the Licensor without any objection or obstruction on the

termination of the licence hereby granted.

14. The Licensees hereby covenants with the Licensor that the rights and

obligations between the Licensees and the Licensor are governed by

Section 24 read with Chapter VIII of the Maharashtra Rent Control Act,

1999.

15. The Licensees shall under no circumstances be entitled to assign or

transfer the benefit of this agreement to any other person/s on any basis

whatsoever.
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16. The stamp duty, registration charges and all incidental expenses thereof

of these presents shall be borne and paid by the Licensees and Licensor

equally.

IN WITNESS WHEREOF the parties hereto have hereunto set their

respective hands the day and year first hereinabove written.

SIGNED AND DELIVERED by the )

withinnamed “LICENSOR” )

Mr.JAWAHAR C. RATANPAL )

in the presence of…. )

SIGNED AND DELIVERED by the )

withinnamed “LICENSEE” )

SIDDHARTH SANEWAL and )

PRATEEK KATEWA )

in the presence of … )
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******************************************************
DATED THIS ____ DAY OF __________2010
******************************************

Mr.JAWAHAR C. RATANPAL

…….Licensor

TO

SIDDHARTH SANEWAL and

PRATEEK KATEWA

..…Licensee

LEAVE AND LICENCE AGREEMENT

H.B.Dalal
Advocate (High Court)
E/503, “Vasant Smruti”,
Thakur Complex,
Kandivali (East).
Mumbai - 100101

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