Agmt - Investment - Namaste India Tours and Travels

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THIS AGREEMENT FOR INVESTMENT is made this the day of

, 2022 of the English calendar year,

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BETWEEN

M/S. NAMASTE INDIA TOURS AND TRAVELS, PAN - _____________________, a


Partnership Firm constituted under the provisions of the Indian Partnership Act, 1932,
having its primary place of business at 18, Girish Avenue, Baghbazar, P.O. – Baghbazar,
P.S. – Shyampukur, Kolkata – 700003, West Bengal; represented by its Partners namely
(1) SRI TANMOY ROY, PAN – BJBPR6795N, son of Pijush Kanti Roy, permanent resident
of 21/A, Haralal Mitra Street, Baghbazar, P.S. – Shyampukur, Kolkata – 700003, West
Bengal; (2) MRS. SWETA DAS, PAN – AXHPD0797M, daughter of Sanjib Kumar Das,
permanent resident of Kali Park, P.O. – Rajarhat Gopalpur, P.S. - Airport, Kolkata –
700136, West Bengal; and (3) SRI SUBHAJYOTI DAS, PAN – ALOPD8571E, son of Sanjib
Kumar Das, permanent resident of Kali Park, P.O. – Rajarhat Gopalpur, P.S. - Airport,
Kolkata – 700136, West Bengal; hereinafter called and referred to as the ‘INVESTEE’
(which term or expression shall unless excluded by or repugnant to the subject or context
be deemed to mean and include all its its successors-in-office, executors, administrators,
legal representatives, assigns and nominee or nominees) of the ONE PART.

AND

SRI SUBHAJYOTI DAS, PAN – ALOPD8571E, son of Sanjib Kumar Das, by nationality –
Indian, by occupation Businessman, permanent resident of Kali Park, P.O. – Rajarhat
Gopalpur, P.S. - Airport, Kolkata – 700136, West Bengal; hereinafter called and referred to
as the INVESTOR (which term or expression shall unless excluded by or repugnant to the
subject or context be deemed to mean and include all his legal heirs, executors,
administrators, legal representative, attorneys, assigns) of the OTHER PART.

WHEREAS the Investee is a Partnership Firm constituted under the provisions of the
Indian Partnership Act, 1932, having its primary place of business as aforesaid and is
engaged in the business of organization of leisure and pleasure travel and tourism
including, but not limited to, group package tourism, group customized tourism, trekking,
picnics, arrangement of educational tourism and excursions, etc.

AND WHEREAS the Investee is desirous and willing to expand its such business, for
which the Investee will be in need of financial assistance for executing its plans of
expansion and with this need has approached the Investor for providing financial
assistance.

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AND WHEREAS the Investee has represented to the Investor the purpose of requiring
the financial assistance and has also ensured the Investor about the positive viability of
the expansion of its business.

AND WHEREAS the investor, being an individual, having legal and fair monetary
source, after considering the Investee’s request, has agreed to provide the financial
assistance to the Investee on certain terms and conditions and after such terms and
conditions being explained to and understood by both the Parties herein and the same
were agreed to.

AND WHEREAS to bring about clarity and to record the terms and conditions
mutually agreed by and between the Parties for entering into this transaction, the Parties
have decided to reduce them into writing for the purpose of avoiding any future dispute
whatsoever.

NOW THEREFORE IT IS HEREBY AGREED BY AND BEETWEEN THE PARTIES AND


THESE PRESENTS WITNESSETH:

1. That this Agreement shall come into effect from the day it is being signed and is
executed by the Parties herein and unless there is a mutual understanding, whether
express or implied, to the contrary, shall continue to remain in force till the 31st day of
December, 2025.

2. That the Investor shall advance the financial facility in the form of an Investment of an
amount of 13,20,000/- (Rupees Thirteen Lakh Twenty Thousand) only of lawful
money into the ongoing business of organization of leisure and pleasure travel and
tourism including, but not limited to, group package tourism, group customized
tourism, trekking, picnics, arrangement of educational tourism and excursions, etc. of
the Partnership Firm of the Investee for implementing and affecting its business
expansion.

3. That the parties herein are known to each other and this instant Investment shall
always be considered and construed as a friendly loan to the business of the Investee.

4. That the Invested Amount shall be disbursed in a single or multiple instalment(s) as


deemed fit by the Investor. The Investee agrees that each disbursement done by the

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Investor shall be on the terms, conditions and covenants as mentioned in this
Agreement.

5. That the proceeds of the Invested Amount shall be used only for the purpose of
carrying out the commercial activity of the Investee relating to the expansion of its
existing business of travel and tourism. The Invested amount shall not in any event be
used for any other purpose, either directly or indirectly, apart from the purpose for
which it is sanctioned.

6. That the current Investment is made for a period of about 3 (Three) years. Unless
there is a mutual extension of the said period, the Investee shall refund the Invested
Amount of 13,20,000/- (Rupees Thirteen Lakh Twenty Thousand) only in the
following manners and installments:

AMOUNT TO BE REFUNDED TIME OF REFUND


4,80,000/- (Rupees Four Lakh Eighty Thousand) only On or before 31st December, 2023
4,80,000/- (Rupees Four Lakh Eighty Thousand) only On or before 31st December, 2024
3,60,000/- (Rupees Three Lakh Sixty Thousand) only On or before 31st December, 2025

The Investee shall diligently pay within the due dates the amount payable and shall
honour all the terms and conditions relating to repayment of its obligation. However,
the Investor may at his sole discretion consider and/or grant such grace period as he
may deem fit and proper for the interest of the business of the Investee.

7. That subject to consideration and grant of grace period by the Investor, the Investee
shall refund the entire Invested Amount to the Investor within the stipulated period
as aforementioned irrespective of the status or situation of its business of the Investee
and no plea of loss shall be entertained.

8. That it shall be open to the Investee to prepay the Invested Amount at any time earlier
than that of the stipulated period as aforementioned.

9. That the Investor shall have no claim over the business profits of the Investee.
Similarly, the Investor shall have no liability towards any loss incurred in the business
of the Investee. The Investee indemnifies the Investor in respect of all the losses,
expanses, costs and other liabilities incurred or suffered due to the act of the Investee.

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10. That on making full repayment of the Invested Amount, the Investee shall be liberated
from the bindings of this Agreement.

11. That this Agreement constitutes the entire agreed upon terms and conditions between
the Parties with respect to the subject matter herein and supersedes and cancels any
prior oral or written Agreement, representation, understanding, arrangement,
communication or expression of intent relating to the subject matter of this
Agreement. No modification or amendment of this Agreement shall be valid or binding
unless made in writing and is duly executed by all the Parties.

12. That if any provision of this Agreement or the application thereof to any person or
circumstances be invalid or unenforceable to any extent, the remainder of this
Agreement and the application of such provision to such person or circumstances
other than those as to which it is held invalid or unenforceable shall not be affected
thereby and each provision of this Agreement shall be valid and enforceable to the
fullest extent permitted by law. Any invalid or unenforceable provision of this
Agreement shall be replaced with a provision which is valid and enforceable and most
nearly reflects the original intent of the unenforceable provision.

13. That on the event of default in repayment and/or any violation of the terms and
conditions of this Agreement, the Investor shall be at liberty to recover the
outstanding amount due including any cost, charges, expenses incurred thereto by
setting law into motion.

14. That any dispute or difference arising out of or in any way concerning this Agreement
shall at the first instance be amicably and mutually settled by and between the Parties.
If the amicable settlement fails and the Parties do not come to a consensus for any
reason whatsoever, the dispute and the differences shall be referred to Arbitration.
The Arbitration shall be conducted as per the Arbitration and Conciliation Act, 1996,
including any modification and/or amendment thereto. The language of the
Arbitration shall be English and the seat of Arbitration shall be at Kolkata.

15. That the transaction takes place in Kolkata and it is agreed by and between the Parties
that the Courts at Kolkata shall have exclusive jurisdiction to try and to entertain any
dispute arising out of or in any way touching or concerning this Agreement.

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16. That irrespective of the nature of this Agreement, it shall be open to the Parties of this
Agreement to bring this Agreement to light and to sue the other Party in an
enforceable form and manner for recovery of money or for a specific performance in
case an occasion of a breach of this Agreement arises.

IN WITNESS WHEREOF the parties hereto have set their respective hands on these
presents on the date, month and year hereinabove first mentioned.

Signed, Sealed and Delivered


in presence of the
WITNESSES:

1)
SIGNATURE OF THE INVESTEE

2)

SIGNATURE OF THE INVESTOR

Drafted by:

KOUMARISH BHATTACHARYA
Advocate
Barasat District & Sessions Judges Court,
Alipore Criminal & Civil Courts,
Contact No: 09748416701

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