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// SHREE //

LEAVE AND LICENSES AGREEMENT


THIS LEAVE AND LICENSE AGREEMENT made at PUNE on this

BETWEEN
Mr. GAURAV MANOJ OSWAL
Z-5-12, Himali Co-Op. Society,
Erandawane, Pune-411004
Age: - 26 Yrs., Occ.:- Business
Pan No: AATP06192Q

HEREINAFTER CALLED AND REFERRED TO


AS “LICENSOR”

(Which expression shall unless repugnant to the


Context or meaning and shall mean and include
All his heirs, executors, administrator’s nominees
And Assignees)

BEING PARTY OF THE FIRST PART

AND

MRS. NILIMA VAIBHAV KAMATHE


Shivgoraksha, Jijamata Road,
Near Siddhi Hospital, Balaji Nagar,
Dhankawadi,
Pune-411043
AGE- 36 . YEAR, OCC- Business
PAN NO:-BWQPK9361P

HEREINAFTER CALLED AND REFERRED TO


AS “LICENSEE”
(Which expression shall unless repugnant to the context
Or meaning and shall mean and include all her heirs, executors,
Administrators, nominees and Assignees)

BEING PARTY OF THE SECOND PART

WHEREAS the Licensor is the lawful Owner and sufficiently seized and possessed and
otherwise entitled to Shop No. 116 on the First floor bearing part of the property card No
P/D/22/07518000 as per PMC record admeasuring area approx 200 sq.ft. On Ground
Floor in ARIHANT CHAMBERS located at S.No. 29/1/2/4/5, Plot No.1,
Dhankawadi,Pune-43 hereinafter referred and called as “ THE SAID PREMISES “,
which is more particularly described in the Schedule I hereunder written;

AND WHEREAS now the Licensor granted the permission to give the Shop No. 116 on
leave and license basis the period 36 Months from 01/10/2017 to 30/09/2020.

(1)
AND WHEREAS the licensee required the premises for business purpose and requested
to licensors allow to use and occupy the said premises as and by way of permissive user
on leave and license for temporary period of 36 months for the purpose of legal business.
After mutual negotiations, the licensors has agreed to permit the license to use the said
premises to the licensee;

AND WHEREAS the licensor has sufficient interest right or little in the licensed
premises and to permit and allow the licensees to use the and occupy the licensed
premises as bare licensee in his personal capacity for use by him of the licensed premises
for permitted purposes;

AND WHEREAS the licensee is desirous of and represents that the use and occupation of
the licensed premises by him shall be in his personal right and shall be under a mere
permission as licensee by the licensor and shall not amount to and shall claim any right
except as licensee or claim any protection of law under Rent Act or other law on the
terms and conditions hereinafter provided;

AND WHEREAS the licensor has allowed the licensee to use and occupy the said
premises for a period of 36 months for the purpose of legal business on leave and license
on the terms and conditions mentioned hereunder.

NOW HEREBY IT IS AGREED BETWEEN THE PARTIES HERETO AS


FOLLOWS:
1) The Licensor grants a license to the Licensee to use and occupy the said premises for
a period of 36 Months from 01/10/2017 to 30/09/2020 for a legal business purpose
until termination by efflux of time. However both parties shall keep locking period
for 12 Months i.e. either party has no right to terminate and or withdraw from this
agreement.
The Licensee shall pay to the Licensor as detailed below as License fees in Advance. The
Monthly License Fees payable shall fall due on 5th day of each and every month and
additional Maintenance charges mention as per below in the chart Per month.
The License fees as follows.
LICENSE FEES MAINTENANCE
PERIOD GST
PER MONTH PER MONTH
01/10/2017 - 30/09/2018 12,000/- As Applicable 800/-
01/10/2018 - 30/09/2019 13,000/- As Applicable 800/-
01/10/2019 - 30/09/2020 14,000/- As Applicable 800/-

(2)
1. Mrs. Nilima Vaibhav Kamathe has paid Rs 50,000/-(Rupees Fifty Thousand) as
a interest free deposit on by cheque dt:- …………… Cheque No:- ………...………
Bank Name:- …………………………………… Payment & Agreement is valid
subject to realization of Cheque. In spite of this licensee fails to honour the cheque
here in above then licensor is entitiled to terminate this agreement without giving
any notice to him. Lessee will pay in advance cheques for license fee for next 12
months.

PROVIDED , however that the Licensor Shall be entitled to adjust and appropriate
against this Security deposit, arrears if any of License Fee or any amount or dues
payable by the Licensee under this Agreement

2. The Licensee shall pay the compensation of the damages caused to the said
premises if any within seven days of the termination/ cancellation/expiry of this
Agreement or handing over the peaceful possession of the said premises to the
Licensors by the Licensee.

3. The Licensee shall not carry out any work of structural repairs or additions or
alterations to the said licensed premises .Only such alterations and additions of
furniture and fixtures which are not structural type or of permanent nature may be
allowed to be made by the Licensee inside the premises and the Licensee shall not
demand or is not entitled for the reimbursement of the side expenses from the
Licensor.

4. The Licensee shall at his own cost, insure the premises against all natural causes
and against any damage or loss caused by fire, riots, etc during the term of license
and/or occupation of the Licensee.

5. The Licensee shall use the said premises only for legal running business.

6. The Licensee shall pay actual charges for electricity, telephone and other charges of
an incidental to the use and occupation of the licensed premises separately over and
above the Licenses fee every month & regularly. The licensor shall pay the
corporation tax the licensee will pay maitaintence charges regularly every monthly
& Xerox copy of paid shall be handed to licensor each and every month.

The Licensee expressly agrees that Goods & Service Tax is borne by Licensee
only and the Licensee shall always keep the Licensor indemnified as regards
the same.

7. It is also hereby agreed by and between the parties that if the Licensee commits
defaults in paying of the monthly compensation i.e. License fee of every month and
the electricity , maintenance charges and conditions contained in this Agreement ,
the Licensors shall be entitled to recover all arrears of the License fees, dues of

(3)
maintenance charges due electricity bills and telephone bills by deducting them
from the Security Deposit at the time of termination or conclusion of the licensed
agreement

8. It is hereby expressly agreed and declared that the occupation of the said premises
by the Licensee in terms of this Agreement shall not create any right, title or interest
in the said premises as tenant or sub- tenant or in any other manner in favors of the
Licensee.

A. On breach of any of the terms of this agreement the licensor will be entitled to
terminate this license by giving 15 days ‘notice \

B. It is agreed that under the provisions of the Maharashtra Rent Control Act 1999
the said Licencee shall therefore be liable to pay the said Licensor additional
enhanced charge of Rs. 15,000 /- (Rupees Fifteen Thousdand) per month , if he
fails to vacate the premises on or before the conclusion of the licensed
agreement and shall be liable for prosecution under the Maharashtra Rent
Control Act 1999 at the cost and consequences of the said Licensee.

9. It is hereby agreed and declared that the Licensee shall have no rights whatsoever to
assign sub-let or otherwise transfer or part with the said premises or any part thereof
or induct any third person in the premises.

10. It is hereby agreed between the parties here to that the Licensor or any other person
authorized on behalf of him shall have full rights of access / enter to the said
premises and the Licensee shall not object or create any hindrance in any manner
for such an access.

11. It is agreed between the parties here to that the Licensee shall keep and maintain the
said premises in good condition with painting and other during the period of this
Agreement and will hand over the vacant and peaceful possession of the premises to
the Licensee on the expiry of this Agreement or early determination thereof.

12. The Licensee shall not store or allow to be stored in the said premises any goods
articles and things of hazardous, inflammable, combustible nature, except as it is
required for daily use by the Licensee.

13. The Licensee shall maintain the Licensed premises in good condition and will not
cause any damage there to if any damage and/or to be caused to the premises or any
part there of by the Licensee ,Employees or the Agents , the same will be made
good by the Licensee at the cost of the Licensee and if not made good then the
Licensor will be entitled to recover the cost from the Security Deposit which cost
may be determined by the Licensor’s Architect and Licensee has no right to take
objection there to

(4)
14. The Licensee shall not be deemed to be exclusive occupation and possession of the
licensed premises and factual possession is lying with the Licensor .The Licensor
will have the right to enter upon the premises at any time to inspect the premises.

15. The Licensee in such a way shall use the said premises that no nuisance or
annoyance is caused to the Licensor or other occupants in the building or neighbors.

16. For first 12 months of lease period is lock in period for the both parties after that In
the event of either party committing any breach of the terms and conditions herein
contained then without prejudice to any other rights and remedies the Licensor as
well as the Licensee shall be entitled to terminate the license by giving 90 days
notice in advance.

17. It is the duty of the Licensee to Make a payment of License Fee and Maintenance
charges as per condition above if in spite of this the Licensee fails to make a
payment within stipulated time for 2 months, then the Licensor has a right to
terminate this License and then he will be automatically possessor of the premises.
At such event the Licensor will make a refund of security deposit after deducting
including any dues of License Fee and any other charges payable by the Licensee as
per terms & condition of the said agreement.

18. The Licensee shall not use the said premises for any illegal or immoral purpose or
carry any activity or do anything which constitute breach of any law.

19. The Licensee agrees and undertakes to the Licensor to indemnify and to keep
indemnified against all losses, claims, damages arising from breach, default of this
present by the Licensee of any obligations, conditions there of

20. The Licensor shall have no objection for displaying of the name board of the
Licensee on the said premises and the Licensee shall ensure that the said board shall
not be obstructed to the other occupants of the said building or anybody else.

21. The Licensee agreed to observe and perform all the rules, regulations and byelaws
of the co-operative Society or the association that may be formed by the Purchasers
of Various premises in the Building.

22. Notwithstanding anything contained herein above, the Licensor shall be


entitled to terminate this Agreement before the expiry of the term of the license
or by giving 90 days prior notice in writing to the Licensee without assigning
any reason thereof .The written communication to this effect will be made by
the licensor and sent to the licensee by registered post.

23. The License shall automatically stands terminated/withdrawn on or before on the


expiration of the said 36 Month time period of the License and / or earlier

(5)
termination there of the Licensee shall vacate the premises forthwith and hand over
the same to the Licensor in the same condition in which the premises now exists
subject to the terms normal wear and tear .The Licensee’s occupation at the
premises after such termination will be deemed to be that of trespasser.

24. The Licensee further agrees and admits that this right as granted by the agreement
will not be transferable and the licensee and their heirs have no right, title interest in
the premises as per the Indian Succession Act and also having no right title, interest
and create any Third Party interest in the said premises. If the Licensee has not done
or fails to observe this condition the License of the Agreement will be automatically
terminated and the premises will automatically and handed over to the Licensor
only.

25. All notices Communications shall be addressed to Licensor and Licensee at the
address given hereinabove by registered post only.

26. The Licensee hereby specifically agrees and admits that he shall have no claim,
right or interest as a tenant and further the Licensee equitably agrees admits,
undertakes that he shall not be entitled to claim any protection and relief under the
Bombay Hotel and Lodging House Estate Act, 1947 And/or the Bombay Rent
Control Act or Maharashtra Rent Control Act,.

27. COVENANTS OF THE LICENSEE:

A. It is clearly understood and agreed that these office shall be used only by
the Licensee and family members , under any circumstances the Licensee
shall not part with the possession of the said office or any portion there of
to any third party, persons relatives colleagues or any cistern concern etc.

B. To use the said premises only for the Licensee so as not to contravene the
user, permissible by the authorities concerned.

C. To observe and perform all the rules, regulations and bye-laws of the co-
operative society or the Association that may be formed by the Purchasers
of various premises in the building

D. Not to induct a third party into the said premises or in any manner transfer,
assign the benefit of this Agreement or the said premises to any person/s
and there of the Licensee shall have to follow this condition strictly

28. All Disputes are subject to Pune jurisdiction only

(6)
SCHEDULE - I
SHOP No. 116 on Ground floor bearing part of the property card No P/D/22/07518000 as
per PMC record admeasuring an area approx. 200 Sq. feet, located at Plot No . 1 survey
No 29 Dhankawadi Pune 43 within the limits of Pune Municipal Corporation, which is
bounded as follows: On or towards:-
East : Passage
South : Shop No 115
West : Building Duct
North : Shop No 115
Together with appurtenances and along with use of common areas and facilities IN
WITNESS WHEREPF THE LICENSORS AND THE LICENSEE HAVE HEREWITH
SET THEIR RESPECTIVE HANDS ON THE DAY AND THE YEAR
HEREINABOVE WE MENTIONED.

SIGNED AND DELIVERED


BY THE WITHIN NAMED:

MR. GAURAV MANOJ OSWAL


“LICENSOR”

SIGNED AND DELIVERED


BY THE WITHIN NAMED.
MRS. NELIMA VAIBHAV KAMATHE
“LICENSEE”
THE PRESENCE OF: -
Witness---------
1. Mr.

2. Mr.

(7)

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