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- Quashing Proforma Compromise
Quashing Proforma Compromise Download Word Document In English. (Rs.55/-) Download PDF Document In Marathi. (Rs.55/-) First of all for filing compromise quashing below-mentioned documentation is required: Compromise Deed signed by both the parties. Identity proofs of both the parties. True Translated copy of FIR. IN THE HON'BLE HIGH COURT OF CRM-M No………. 20 Name of First Party ……….Petitioner Versus Name of Second Party. ……Respondents Index Sr. No. Particulars Date Pages Court Fee Urgent Form 1. Application for Exemption for filing truly typed and true photocopies of Annexures 2. Affidavit 3. Memo of Parties 4. Petition U/S 482 CR.P.C. for quashing on the basis of Compromise 5. Affidavit of Petitioner 6. Affidavit of Anita Rani (Respondent No. 2) 7. Annexure P-1(The True typed Copy of FIR) 8. Annexure P-2 ( The True Translated copy of Compromise Deed) 9. Annexure P-3 (Colly.) (True Typed IDs Proofs) 10 . Vakalatnama 11 . Vernacular Annexure P- 1(Copy of FIR) 12 . Vernacular Annexure P-2 (Compromise Deed) 13 . Vernacular Annexure P-3 Place: Chandigarh Date: Through Counsel IN THE HON’BLE HIGH COURT OF CRM-M No………. 20 Name of First Party ……….Petitioner Versus Name of Second Party. ……Respondents Court fee Place: Date: Through Counsel IN THE HON’BLE HIGH COURT OF CRM-M No………. 20 Name of First Party ……….Petitioner Versus Name of Second Party. ……Respondents Application Under Section 482 Cr.P.C. for exemption from filing Certified Copies and for accepting True Typed/ True Translated copies of Annexures………. Most Respectfully Showeth: That the Applicant/Petitioner is filing the accompanying Petition before this Hon’ble High Court. The Same is likely to succeed for the grounds taken therein. That the Applicant/petitioner is also attaching herewith true typed/ True Translated copies of Annexures _________. Since the matter is of an urgent nature, thus the true typed/ True Translated copies of the Annexures ________are being attached with this petition. It is, therefore, respectfully prayed that the present Application may kindly be accepted in the interest of justice and fair play. Note: Affidavit is Attached Place: Through Counsel Date: IN THE HON’BLE HIGH COURT OF CRM-M No………. 20 Name of First Party ……….Petitioner Versus Name of Second Party. ……Respondents Short Affidavit of ______Son of _________, aged about __years, Resident of___________ I, the above-named Deponent do hereby solemnly affirm and declare on oath as under: That the deponent is filing the accompanying Petition before this Hon’ble High Court. The Same is likely to succeed for the grounds taken therein. That the deponent is also attaching herewith true typed/ True Translated copies of Annexures___________. Since the matter is of an urgent nature, thus the true typed/ True translated copies of the Annexures __________are being attached with this petition. DEPONENT DATED: Verification:- Verified that the Contents of Paras No. 1 to 2 of my affidavit are true and correct to the best of my knowledge and belief. No Part of it is false and nothing material has been kept concealed therein. DEPONENT DATED: IN THE HON’BLE HIGH COURT OF CRM-M No………. 20 MEMO OF PARTIES (Name of the first person), (his father's name), (his age) and (his address). ……….Applicant/Petitioner Versus In case of the state of Punjab or Haryana is a Party then its name along with this (Name of the second party), W/o/D/o/S/o (Name), (age), (address) ……Respondents Place: Through Counsel Date: Petition under Section 482 of the Cr.P.C. for quashing of FIR No. _____, dated ______ under Section ______ of IPC registered at Police Station ______, District______Annexure P-1, on the basis of Compromise/Memorandum of Understanding (Annexure P-2). AND It is further prayed that during the pendency of the present petition, the further proceedings arising out of the above-mentioned FIR may kindly be stayed on the basis of Compromise dated_______ Annexure P-2, in the interest of justice. OR Pass any other alternative remedy which this Hon'ble Court may deem fit in the interest of justice. MOST RESPECTFULLY SHOWETH: That the petitioner is peace loving and law abiding citizens of India. That brief facts of the case are that marriage between Petitioner No.1 i.e. _________ and respondent No. 2 _______was solemnized in the year ______according to Hindu rites and ceremonies. That due to temperamental differences both petitioner No.1 and respondent No.2 could not able to cohabitate their married life and due to that reason both are residing separately from each other since __________. That on________on the statement of Respondent No. 2 namely ________ the Complaint was admitted to be sent for Registration of F.I.R. against the Petitioner only. Thereafter FIR No. _____under section____________. was registered on behest of ________. The True typed/ Translated copy of FIR is annexed as Annexure P-1. That during the pendency of the case, a compromise has been effected between the parties with the intervention of the respectable persons/ Panchayat. Since parties have settled the disputes amicably, so, complainant/ respondent no.2 do not want to pursue the case. As well as both the parties decided to live happily together as Husband and Wife. The copy of the true translated compromise dated__________ appended herewith as Annexure P-2. That as per terms and conditions of the compromise (Annexure P-2), both the Petitioner and Respondent no. 2 are now living together as husband and wife along with their children at the address mentioned above. Further, both petitioner and respondent no.2 are bound as per the terms and conditions of the compromise deed, executed with their free will and consent and without any kind of pressure. True typed copies of Identity proof of Petitioner and Respondent No.2 are Annexed as Annexure P-3 (colly). That the petitioner seeks kind indulgence of this Hon'ble Court for quashing of the above said FIR, as well as all the consequential proceeding arising thereof in view of the fact that compromise has been effected between the parties and complainant, is not interested to pursue the matter and want to rehabilitate in the matrimonial home along with her husband and two minor daughters. Furthermore, it was held by the Hon`ble Supreme Court in the case of Madan Mohan Abbot vs. State of Punjab 2008(2)R.C.R. (Criminal) 429 that in cases where the compromise arrived between the parties in that cases no useful purpose would be served in continuing with the proceeding in the light of the compromise. That in view of the facts and circumstances enumerated hereinabove and also in view of the compromise arrived between the parties, the FIR in question is liable to be quashed because the continuance of proceeding in the above said FIR will be an abuse of process of law. That this Hon`ble Court in Full Bench judgment titled as Kulwinder Singh v. State of Punjab 2007 (3) RCR(Criminal) has held that High Court has wide powers to quash the proceeding even in non-compoundable offenses. That the Petitioner is not a Proclaimed Offender also both the parties are residing happily as husband and wife so, quashing of the present matter is necessary concerning the life and liberty of both the parties as well as facts narrated above. That all the necessary persons have been made the party in the present case and no other person is required to be made a party in the present matter. That the Petitioner is left with no other speedy, alternative and efficacious remedy for the redressal of his prayers except to approach this Hon’ble Court by way of filing the present petition under Section 482 Cr.P.C. That no such or similar petition has earlier been filed by the Petitioner either in this Hon’ble Court or in the Hon’ble Supreme Court of India. It is humbly prayed as under: PRAYER a) FIR No.______, dated ________Section___________ of IPC, registered at Police Station _____, District________on the basis of Compromise may kindly be quashed. And b) It is further prayed that during the pendency of the present petition, the further proceedings arising out of the abovementioned FIR may kindly be stayed, in, the interest of justice. OR c) Any other alternative remedy which this Hon’ble Court may deem fit in the interest of justice. Petitioner Date: Through Counsel IN THE HON’BLE HIGH COURT OF CRM-M No………. 20 Name of First Party ……….Petitioner Versus Name of Second Party. ……Respondents Affidavit of _______Son of _______, aged about __years, Resident of _________________ I do hereby solemnly affirm and declare on oath as under: 1. That the Deponent is filing the present Petition with his free will and consent. 2. That no contents stated in this Petition is false and nothing false has been concealed therein and the facts stated therein are written on behest of the deponent. Place: Chandigarh Date: Deponent Verification: It is verified that the contents stated in my Affidavit are true and correct and nothing false has been stated and the contents are based upon the documents also. Place Date: Deponent IN THE HON’BLE HIGH COURT OF CRM-M No………. 20 Name of First Party ……….Petitioner Versus Name of Second Party. ……Respondents Affidavit of ______ Wife of _______, aged about ___ years, Resident of __________________________________________________. I, the above named deponent do hereby solemnly affirm and declare as under:- That deponent has lodged an FIR No. _____dated _______ Under sections________ of IPC, at Police Station_____, District_______against (Name of First person). That during the pendency of the case, with the intervention of the respectable/ Panchayat, for the benefits of the parties, without any coercion and pressure, with the sweet will of the parties, compromise has been effected vide compromise deed dated_______. That as per the compromise the deponent has no objection if the abovementioned FIR is being quashed. The deponent is ready to give the statements before any court to this effect. The other terms and conditions have been mentioned in the compromise deed. Place: Date: Deponent Verification: It is verified that the contents stated in my Affidavit are true and correct and nothing false has been stated and the contents are based upon the documents also. Place: Date: Deponent
- How to draft an application for a grant of temporary injunction
How to draft an application for a grant of temporary injunction Download Word Document In English. (Rs.35/-) Download PDF Document In Marathi. (Rs.35/-) Temporary Injunction is one of the most common remedies provided to prevent mischief from being committed, by a party to the suit. Injunctions, as stated under section 37 of the Specific Relief Act, are of two types: Temporary and perpetual injunctions. Temporary injunctions are granted for a specific period of time and can be revoked either by a subsequent order of the court or the final judgement in the suit. Order 39 of CPC (procedural law) prescribes rules and procedures to be followed while considering a grant of this relief. It becomes of utmost importance to draft a good application that puts forward a strong set of facts in favour of the applicant for this relief to be granted. Along with discussing the temporary injunction, in brief, this article will help the reader gain an insight into drafting a good application for a temporary injunction. Temporary injunction A temporary injunction, in simple terms, is a remedy provided to counter an actual threat posed by one party to the other, in terms of damaging the property or harming the party in person. There are certain grounds on the merits of which an application is judged and it is decided if the injunction should be provided or not. The Rules mentioned under Order 39 lay down procedures for the courts to follow in order to grant this relief to a party to the suit and are discussed in brief: Rule 1: Cases where the temporary injunction is granted When there is a prima facie case in favour of a party and the following points can be easily drawn from the application: The disputed property is under the risk of being damaged, alienated or sold. There is a threat or an intention on the part of the defendant to dispose of the property to defraud his creditors. The plaintiff has been threatened of being dispossessed (of the disputed property) or of being physically injured by the defendant. The court may grant a temporary injunction to restrict or to prevent the party from threatening to cause damage or causing damage. Temporary Injunction can be granted during any stage of the proceeding i.e. even before the judgement in the suit is delivered. Rule 2: Restraining a breach This rule deals with restrainment of an act already in action. Where a defendant has breached a contract or caused harm (any kind) to the plaintiff, irrespective of the fact that compensation is claimed in the suit, the plaintiff can file an application for a temporary injunction. Such an application can be filed before or after the delivery of the judgement. The duration has to be decided by the court. Rule 2A: Punishment for breaching the injunction By disobeying the order or breaching any of the terms (in relation to rule 1 and rule 2) of the injunction, a person can land in civil jail for 3 months (maximum). The property of such a person can also be ordered to be attached to the suit for a maximum period of 1 year and if the breach continues, then the court is entitled to sell the property and pay the aggrieved party compensation out of the sale return. Rule 3: Notice to the opposite party The court is bound to send a notice to the opposite party regarding the filing of an application of injunction against it. The court is not bound when the delay caused in sending such a notice would defeat the purpose behind granting the injunction. Provided in such a case i.e. where no notice is sent, the Court shall record reasons behind taking such an action. The applicant also needs to deliver the copy of the application, affidavit, plaint and the documents after such order has been made. An affidavit has to be filed stating that the copies have been delivered to the opposite party on the day of the passing of the injunction order itself or a day after. Rule 3A: Time period prescribed to dispose of the application Where the notice hasn’t been delivered to the opposite party the court should try to dispose of the application within 30 days and where it isn’t able to do so, it should record the reasons behind such inability. Rule 4 If a party files an application expressing its dissatisfaction with the injunction order, the order can be set aside, modified or discharged on a perusal of the application. Where a false or misleading claim was made in the application that resulted in the grant of the injunction and it was granted without a notice being sent to the other party, the injunction order is to vacate unless it would harm the interest of justice. The reasons have to be recorded for not vacating the injunction order in such a scenario. Where the other party has been given a chance to be heard, unless there are some changes in the circumstances or unnecessary hardship has been caused to the other party, the injunction order shall not be discharged, modified or set aside. Rule 5: Injunction against a corporation Where an injunction order has been imposed against a corporation, it is not only binding on the corporation but also on all the members and officers of the corporation. Further, Rules 6-10 discuss various provisions related to interlocutory orders. Principles to be followed as per the judgements Granting of a temporary injunction is a discretionary power in the hands of the court. However, the court has come up with some guidelines in some past cases to help it decide whether in a case the injunction should be provided or not. In Nawab Mir Barkat Ali vs. Nawab Zulfiqar, certain principles were laid to be observed while granting the temporary injunction. These principles include: That the applicant has a prima facie case: A prima facie case is one where if the evidence that has led to the suit were believed, it would render the outcome as the only outcome in the case and it is not necessarily a case that can’t be proved otherwise. The balance of convenience: There should be a balance between the convenience caused to the applicant and the inconvenience caused to the defendant if the injunction is granted. While comparing the balance, if in the scenario of not granting the injunction, the inconvenience caused to the plaintiff turns out to be more only then will an injunction be considered. So the balance of convenience should be in favour of the applicant. Irreparable loss or injury to be caused if the injunction is not granted: An irreparable injury if caused, would imply that no amount of monetary compensation can restore the party to its position before the suit was filed. A temporary injunction is used as a preventive measure against an irreparable loss. Where a permanent injunction can’t be granted based on the merits of the case, a temporary injunction shouldn’t be granted too. Necessary contents in the application for a temporary injunction The Court’s place of sitting or jurisdiction and the name of the judge. Civil suit number and the year in the prescribed manner. The names of the parties to the suit should be properly mentioned as plaintiffs and defendants. A clear mention of the provision under which the suit has been filed. A clear mention of the purpose or the cause that has led to the filing of the suit. A proper description of the disputed property i.e. mapping the ancestry of the property etc. The chain of events that led to the filing of the suit. The facts or the reasons that bring out a prima facie case pertaining to grant of an injunction. Why the ‘balance of convenience’ is in your favour. Balance of convenience means comparative mischief for the inconvenience to the parties. The inconvenience to the petitioner, if temporary Injunction is refused, would be balanced and compared with that of the opposite party, if it is granted. Mention an irreparable injury that would be caused if the injunction isn’t allowed. A brief prayer mentioning the course of action the plaintiff desires or is prescribed in the procedural code. A Schedule containing all the required documents to substantiate the facts mentioned in the application. An affidavit duly signed by the plaintiff. Common mistakes while drafting Negligence in mentioning the names of the parties and the court. Wrong usage of words, punctuations and faulty grammar. Not substantiating the facts with enough documents or proofs. Using legalese instead of simple English. Not clearly establishing or fulfilling the three basic principles(prima facie case, the balance of inconvenience and irreparable damage) through proper reasoning. Usage of unclear language in prayer. Faulty drafting of the affidavit. Improper attachment of the schedule. Tips to draft a good application Make sure that you don’t commit any of the common mistakes. Drafting a good application with correct English grammar and judicious usage of the terms always leaves a good impression on the judge. The claims as mentioned in the application should be well substantiated with facts and documents. Always make sure of using simple terms or avoid using legalese and flowery language. Familiarity with the legal elements is like having in possession a map of an unexplored island. The language of your affidavit should be sharply directed towards the other party. If it has been put forward by the plaintiff then it should be exhaustive and attack the defendant. On the other hand, if you are the defending party then make sure you answer to each and every point made out in the plaintiff’s affidavit and counter it with well-substantiated facts. Sample Application Here is a specimen depicting how an application structure should be framed based on the facts of the case: IN THE COURT OF(District Court) THE CIVIL JUDGE(Name of the judge) Civil Suit No. /20____ …Plaintiff Vs. …Defendants An application for an interim injunction under Order XXXIX Rule 1 and 2 of the Civil Procedure Code The Plaintiff has filed the suit for (mention the purpose for eg recovery of possession of the disputed property). That the disputed property (Proper description of the suit property with facts ascertaining unquestionable legal authority of the plaintiff) has been unlawfully kept out of the possession of the plaintiff (or any other reason as per the case). Start with the chain of events that has led to the filing of the present suit. (This should be divided into subsequent sub paras to enable a clear understanding of the events). Mention the fact that the chain of events establish a prima facie case and further investigation or action is needed. A reason that clearly states the balance of favour in plaintiff’s side eg. The disputed property is the only means of income that the plaintiff’s family earns income from and dispossession would lead to unparallel hardships. Irreparable damage will be caused which wouldn’t be compensated in monetary terms. (The reason might include mental trauma and emotional hurt). PRAYER: The plaintiff, therefore, prays that your Honour finds it fit to deliver a show-cause notice to the opposite party putting forward the reasons why the injunction shouldn’t be granted. Pending hearing of such injunction petition, it is prayed that an interim injunction order is passed to restrain the defendants from causing any harm to the disputed property. PLAINTIFF(Signature): PLACE: DATE: ADVOCATE FOR PLAINTIFF: SCHEDULE Attach a Schedule including all the documents containing the documents related to the property and to substantiate other facts mentioned in the application. AFFIDAVIT An affidavit is an oath of truthfulness for the facts that have been mentioned in the plaint in a written form. No penal action arises in case of non-inclusion of a fact that wasn’t a part of the plaintiff’s knowledge.
- POWER OF ATTORNEY format
POWER OF ATTORNEY Download Word Document In English. (Rs.40/-) Power of Attorney is a document of agency or a formal arrangement by which one person (Principal) gives another person (Attorney or Agent) authority to act on his behalf and in his name. As per the Power of Attorney Act, 1882: “Power-of-Attorney includes any instruments empowering a specified person to act for and in the name of the person executing it.” A Power of Attorney may be a general or special power. A General Power of Attorney covers more than one subject matter while a Special Power of Attorney relates to a specific subject matter, though it may contain several powers relating to the same subject matter. Power of Attorney is required to be stamped but need not be mandatorily registered. GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS THAT THIS GENERAL POWER OF st ATTORNEY is executed at New Delhi on this 1 day of January 2004 by M/s. TINRIN, a company incorporated under the Companies Act having its registered office at E-1 WESTEND, New Delhi through its Managing Director Mr. X……(details) (hereinafter referred to as the EXECUTANT), DO HEREBY APPOINT, NOMINATE, CONSTITUTE AND AUTHORISE Sh. Y….(details), Executive Director of M/s TINRIN (hereinafter referred to as the ATTORNEY) AS MY TRUE AND LAWFUL ATTORNEY TO MANAGE, CONTROL, LOOKAFTER / SUPERVISE, PERFORM ALL LEGAL ACTS MENTIONED HEREUNDER. WHEREAS….. AND WHEREAS…..(Mention few recitals like the purpose of making this GPA). NOW THIS GENERAL POWER OF ATTORNEY WITNESSESTH AS UNDER:- (i) To institute, commence and conduct any action, suit or other legal proceedings before any Court, Arbitrator, Quasi-judicial or authorities, Offices, Tribunals, Labour Courts, Conciliation Officers, Land Acquisition Officers, etc. on behalf of the company for claiming any right, relief, recovery, title, interest, property or in respect of any matter connected with or arising out of the Company‟s business and subject to aforesaid, to settle, adjust, compromise or submit to Arbitration any such actions, suits or proceedings. (ii) To defend all actions, suits, proceedings, applications, petitions, appeals, revisions, reviews, arbitrations, conciliations, taxation and labour matters and other disputes that are now pending or may hereafter be brought or made or instituted in any Court or office or Tribunal, Arbitrator, Conciliation Officer, or any other Judicial or Quasi-judicial authorities in the name of the company. (iii) To appear and represent the Company in any Court of Justice or Tribunal whatsoever and for the purpose aforesaid or any of them to sign and verify plaints, written statements, applications and swear affidavits and to sign petitions and other necessary documents including Vakalatnama and to appoint any Solicitor, Advocate, Pleader or other Legal Advisor with the necessary power and such again at pleasure, to revoke and appoint others in their place. (iv) To continue and conduct or defend any appeal, review, revision, arbitration in any Court or Tribunal or office against any order, judgment or decree made in suits, actions, proceedings, application etc. (v) Generally for and in the name and as the act and deed of the Company to make, execute and do all and every such further and other acts. Deeds, matters and things as shall be fit, requisite and necessary in and about the premises and for all or any of the purposes aforesaid and as the Company could do if acting in the premises. And I, the said Managing Director of the Company and also for the said Company hereby agree to ratify and confirm whatsoever the said Attorney shall lawfully do or cause to be done in or about the premises by virtue of these presents. IN WITNESS WHEREOF I have hereunto signed this document on the date and place first above written in the presence of following witnesses. EXECUTANT WITNESSES: (1) (2)
- Format of Award by an Arbitral Tribunal
Format of Award by an Arbitral Tribunal . This is the Award by the undersigned, made the ………..day of ……… Whereas by an agreement under the deed, dated………..and made between (contractor) of the one part and…………….(owner of the property)of the other part (being an agreement by the said contractor) to construct certain works upon the land of the said (owner) in accordance with sanctioned plans and specifications contained therein it was agreed between the parties that if any dispute should arise in future between the parties thereto relating to or touching the said agreement or the interpretation thereof or in relation to the rights, duties or liabilities of either party thereunder the same should be referred to two arbitrators and their umpire in accordance with the provisions of Arbitration & Conciliation Act, 1996. and Whereas disputes having arisen between the aforesaid parties relating to the said agreement the said (contractor) by writing dated……….nominated and appointed Shri…………(one arbitrator)…………of etc, and the said (owner) by writing dated……………..nominated and appointed Shri………..(other arbitrator)…….of etc, to act as arbitrators and settle the said matters in dispute between the parties. and Whereas the said arbitrators respectively accepted the said appointments and took upon themselves to discharge the burden of the said reference and before starting the proceeding for the consideration of the disputed matter referred to them by writing under their hands dated……….appointed me the said Presiding Arbitrator in the said arbitration. and Whereas the said arbitrators duly extended the time for making the award until the ………..day of…………. and Whereas the said arbitrators were unable to agree amongst themselves unanimously upon an award and under such circumstances gave me notice in writing dated………….and thereupon the disputes stood referred to me. Now be it Know that, I, said Presiding Arbitrator, make my award on the following matter: I find that the completion of the work although was delayed for……..months beyond the agreed date on which it ought to have been completed but I find that such delay was caused partly by exceptionally bad weather and partly by lack of workmen caused by labour strikes and also their having taken up construction works under the Government and I find and award that the said (contractor) is not liable for any damage on that account. I find that a part of the work executed by the said(contractor) was found to be defective in the following respects…………..(defects set out) and I award that the said (owner) is entitled to Rs………….as damages on that account. I find and award that after deducting the said sum of Rs……on account of the damages there is still due and owing to the said (contractor) in respect of the matters in dispute between the said parties to reference the sum of………….. I direct the said (owner) shall pay the said sum of Rs………..to the said (contractor) on or before the ………..day of…….. I award and direct that the cost of the said (contractor) relating to and incidental to this arbitration reference including the costs of the arbitrators and of this award which is Rs………..shall be borne and paid by the said (owner) or whatever may be the award as to costs. ……… Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)
- Deed of Sub
Deed of Sub-Lease Download Word Document In English. (Rs 90/-) Download PDF Document In Marathi. (Rs.90/-) THIS LEASE made this .................. day of .................. 2018 between AB of, etc. (hereinafter called “the sublessor”), of the one part, and CD of, etc. (hereinafter called “the sub-lessee”), of the other part. WHEREAS By a lease (hereinafter referred to as “the original lease”) dated............... the day of ..................... and made between XY as owner and AB as lessee and registered in Book I, Vol. ............ pages ............... tobeing No ............... for the year .................... in the Office of Sub-Registrar of ........................ etc., the premises (or, etc.) described in the original lease were demised to the said original lessee for a period of .................... years with effect from the ..................... day of..................... on a yearly rent and subject to the covenants and conditions to be performed and observed as therein contained. AND WHEREAS the original lessee has agreed to grant and the sub-lessee has agreed to accept a sub-lease of the premises (or, etc.) hereinafter described upon the conditions hereinafter contained: NOW THIS DEED WITNESSES that in consideration of the rent hereinafter reserved and the covenants by the sub-lessee hereinafter contained, the original lessee do hereby grant to the sub-lessee a lease of ALL THAT premises (or, etc.) known by the name of, etc., and situate at, etc., together with the appurtenances; TO HOLD the same unto and to use of the sub-lessee for the period of .............. years, commencing with effect from the ............... day of ............... at the monthly rent of Rupees ........................ SUBJECT to the following conditions: 1. The sub-lessee hereby agrees with and covenants with its lessor, viz., the lessee as follows: (a) To pay the said rent, clear of all deductions, on the............ day of.............. every current month in advance during the term of the lease. (b) To pay all taxes and outgoings now payable or hereafter to become payable in respect of the leased premises (or, etc.). (c) To keep the said premises (or, etc.) in good and tenantable repair, and not to make any alteration therein without the written consent of the landlord. (d) To perform all the covenants, conditions and stipulations contained in the original lease affecting the property hereby leased and to be observed and performed by the original lessee except payment of rent and not to do, execute or perform any act, deed or thing or suffer anything to the contrary whereby or by reason or means whereof the original lease may be avoided or forfeited and to allow the original lessee to enter upon the leased premises (or, etc.) for the purpose of inspection of the premises and performing any of such terms of agreement contained in the original lease, which may be necessary to prevent its forfeiture. (e) To keep the original lessee indemnified against all actions, claims, demands and expenses on account of performance or non-performance by the sub-lessee (of any of the terms, conditions and stipulations of this agreements). 2. The original lessee does agree and covenant with the sub-lessee as follows: (a) That upon the sub-lessee paying the rent hereby reserved and observing and performing the conditions and covenants herein contained, shall quietly and peacefully possess and enjoy the property, hereby leased during the said term without any interruption and disturbance by the original lessee or any person claiming under or in trust for him, provided that in case of any breach of any of the conditions and covenants to be observed and performed by the sub-lessee, the lease shall, at the option of the original lessee, stand determined who shall be entitled to repossess the property as his former estate without prejudice to his right to recover all arrears of rent and/or any damages for breach of such conditions or covenants. (b) The original lessee shall duly and punctually pay the rent reserved, observe and perform all the covenants and conditions contained in the original lease, and keep the same alive and in full force and virtue and will further, ......... times, keep the sub-lessee and his estate indemnified against all actions, claims, proceedings and demands on account of any breach of any of the conditions and covenants contained in the original lease. (c) The original lessee acknowledges the right of the sub-lessee as to production of the original lease and to delivery of copies thereof and undertakes for the safe custody thereof. 3. It is further agreed that the terms “the original lessee” and “sub-lessee” used herein shall, unless inconsistent with the context, include as well their respective successors and assigns. IN WITNESS, etc., Signed, sealed and delivered AB CD (2) Deed of Lease of Land with Forfeiture Clause and Covenant for Renewal This LEASE is made on the.................. day of.................. 2018 BETWEEN AB of, etc.: (hereinafter called “the lessor”) of the one part and CD of, etc., (hereinafter called “the lessee”) of the other part, WITNESSES as follows: 1. In consideration of the rent hereinafter reserved and the covenants and conditions hereinafter contained to be observed and performed on the part of the lessee, the lessor does hereby grant, transfer, demise by way of lease to the lessee ALL THAT piece or parcel or parcels of land described in the schedule below TO HAVE AND TO HOLD the same unto and to the use of lessee for the term of…………… years commencing from the…………… day of…………… 2018 at the annual rent of Rupees…………… 2. The lessor hereby covenants with the lessee as follows: (a) The lessor shall put the lessee in possession of the said land on the said………… day of …… 2018. (b) Upon the lessee paying the rent hereby and hereunder reserved and observing and performing the covenants and conditions herein contained the lessee shall quietly and peacefully hold, possess and enjoy the said land during the said term without any claim, interruption or disturbance by the lessor or any person claiming under or in trust for him. (c) The lessor has good right, full power and absolute authority to grant a lease of the demised premises in the manner hereunder effected. 3. The lessee hereby covenants with the lessor as follows: (a) The lessee shall pay the said rent without abatement or deductions on or before the…………… day of…………… every year and the first of such payments shall be made on the…………… day of…………… 2018. (b) The lessee shall bear and pay all rents, taxes and other assessments and outgoings which are now or may hereafter be imposed or assessed on the said land except those which are payable in law by the lessor. (c) The lessee shall not use and occupy the said land for any purpose other than private residence for himself and the member of his family by construction of temporary structures according to the plan approved by the Municipal Authority. (d) The lessee shall not, except with the consent in writing of the lessor first had and obtained, assign, underlet or part with the possession of the said land or any portion thereof or of the structures to be constructed thereon or any portion thereof which consent the lessor may at his absolute discretion withhold. (e) That if the lessee shall pay the rent punctually and regularly and duly observe and perform the conditions and covenants herein contained and apply in writing to the landlord not less than…………… months prior to the expiration of the term herein reserved for renewal of the lease, the lessor shall then and in such an event grant to the lessee a new lease of the said landfor a further period of…………… years on the same terms and conditions as are herein contained except the covenant for renewal and subject to such variations as may be mutually agreed. (f) On the determination of the lease, the lessee shall deliver peaceful vacant possession of the land hereby demised as also the structures to be erected by the lessee without claiming any compensation or value thereof. IN WITNESS, etc., Signed, sealed and delivered AB CD The Schedule above referred to (3) Deed of Surrender of Lease THIS DEED OF SURRENDER OF LEASE made the…………… day of………… BETWEEN AB of, etc. (the lessee), of the one part and CD of, etc. (the lessor) of the other part. WHEREAS by an Indenture dated…………… made between the parties hereto and registered in…………… it was witnessed that the said CD, did in consideration of the rent thereby and thereunder reserved and of the covenants and conditions to be observed and performed on the part of the said AB as therein contained granted and demised by way of lease the property fully mentioned and described in the schedule hereto for a term of…………… years. AND WHEREAS such lease is in full force and virtue and all rents and conditions reserved by and contained thereunder on the part of the lessee to be paid, observed and performed by the said AB upto the date of these presents. AND WHEREAS the lessee was at all material times and is presently in possession of the property since the execution of the lease. AND WHEREAS for personal reasons and consideration, the said AB having desired to be relieved from any further payment of such rent and performance of the covenants and conditions approached the said CD for a surrender of the said lease and delivery of the possession of the property. AND WHEREAS the said CD has agreed to accept from the said AB a surrender of the aforesaid lease of the said premises. NOW THE DEED WITNESSES that in pursuance of the said agreement and in consideration of a sum of Rs…………… being the token consideration paid by the said CD to AB, the said AB as beneficial user of the said property do hereby give up and relinquish all his leasehold estate and interest in and surrender and deliver possession to the said CD of the premises (or, etc.) comprised in and by the said deed of lease TO HOLD the same as before execution of the lease by the said CD TO HOLD THE INTENT and object that the same shall stand determined to all intents and purposes and that the residue of the said term of…………… years created by the said deed of lease, and all other rights and interests of the said AB in the said premises (or, etc.) under or by virtue of the said deed shall stand extinguished and merged in the reversion freehold and inheritance of the premises with immediate effect as if the said lease was never granted nor intended. AND THIS INDENTURE further witnesses that in consideration of the surrender of the lease which is accepted by the lessor he the said CD do hereby release and discharge the lessee AB, his successor and estate from all claims, demands and liabilities on account of future rent and or arising out of performance or non-performance or hereinbefore recited Indenture of lease. IN WITNESS WHEREOF the parties above named have put their signatures the day and year above. Signed, sealed and delivered AB CD The Schedule above referred to (4) Deed Altering Conditions in a Lease THIS DEED made the…………… day of…………… BETWEEN AB of, etc. (thereafter called “the landlord”) of the one part and CD of, etc. (thereinafter called “the tenant”), of the other part. WHEREAS by a lease (hereinafter called “the principal deed”), dated the…………… day of…………… and made between the parties hereto and registered at…………… Registration office in Book No…………… Volume No……… pages…………… to…………… Being No…………… for the year……………, the said AB granted and demised to CD the house (or, etc.) situate at, etc. AND WHEREAS the parties hereto have agreed to alter and modify the terms and conditions of the principal deed in the following manner. NOW THIS DEED WITNESSES as follows: 1. Sub-clause (e) of clause 2 (or, etc.) of the principal deed, the following sub-clause shall be omitted and shall cease to have any effect. 2. For sub-clause (b) of clause 2 (or, etc.) of the principal deed, the following sub-clause shall be substituted, namely: (Set out the new sub-clause) 3. That as altered and modified as aforesaid the principal deed shall remain in full force and effect. IN WITNESS WHEREOF etc., Witnesses: ............ AB ............ CD (5) Deed Modifying Terms of Lease THIS DEED made the…………… day of…………… BETWEEN AB of, etc. (hereinafter called “the lessor”), of the one part and CD of, etc. (hereinafter called “the lessee”) other part being supplemental to the deed of lease (hereinafter called “the Principal Deed”), dated the…………… day of…………… and made between the same parties being a lease of a house (or, etc.) situate at etc. NOW THIS DEED WITNESSES as follows: 1. The lessor shall forthwith erect and construct and will complete on or before the…………… day of…………… to the reasonable satisfaction of the lessee, a room (or, etc.) and other additions to the premises leased under the Principal Deed, in accordance with the plans and specifications, copies whereof have for the purpose of identification been signed by the lessor and the lessee. 2. In consideration of the premises, the lessee hereby agrees with the lessor that as from the….…………… day of….…………… he, the lessee will pay to the lessor during the residue of the term granted by the lease under the Principal Deed, the additional yearly rent of Rs…..……………, such additional rent to be paid by equal quarterly (or monthly) payments on the same days and in the same manner as are provided by the Principal Deed for the payment of rent thereby reserved, the first of such payment to be made on the rights and remedies of the lessor shall be applicable to the said additional rent. 3. From and after the completion of the said additions and works to be erected and constructed by the lessor as aforesaid, the agreements and conditions contained in the Principal Deed shall apply thereto in the same manner as if the said additions and works had been completed prior to the grant of the lease by the Principal Deed. IN WITNESS WHEREOF etc., Signed, sealed and delivered ............ CD ............ AB The Plans, etc. above referred to (6) Lease Agreement with Lessor, Lessee and Bank as Financing Party THIS TRIPARTITE AGREEMENT is made on this ……………… day of…………… (month) …………… (year in words) …………… BETWEEN…………… an existing Company within the meaning of the Companies Act, 2013 and having its registered office at…………… (hereinafter called “the Lessor Company” which expression shall unless excluded by or repugnant to the context be deemed to include its successors and assigns) of the first part, ……………a Company incorporated under the Companies Act, 2013 and having its registered office at…………… (hereinafter called “the Lessee Company” which expression shall unless excluded by or repugnant to the context be deemed to include its successors and assigns) of the second Part AND…………… a nationalised Bank carrying on business amongst other places in India at…………… (hereinafter called “the Bank” which expression shall unless excluded by or repugnant to the context be deemed to include its successors and assigns) of the third part; WHEREAS under an Agreement for Hypothecation dated…………… executed by the Lessor Company in favour of the Bank, the Bank granted to the Lessor Company a sum of Rs…………… as and by way of advance in current account to enable the Borrower to purchase…………… (hereinafter referred to as “the said equipment”) for the purpose of leasing out the said equipment to the Lessee Company, inter alia, secured by hypothecation of the said equipment upon the terms and conditions therein contained; AND WHEREAS the Lessor Company has entered into an Agreement for Lease with the Lessee Company on the…… day of…… for leasing out the said equipment to the Lessee Company subject to the payment of rent/ hire charges thereby reserved and also subject to the other terms and conditions therein contained; AND WHEREAS in terms of the sanction of the Bank, the Bank will allow the Lessor Company to grant lease of the said equipment to the Lessee Company, inter alia, upon the following conditions: (a) that the lease of the said equipment is to be granted by the Lessor Company to the Lessee Company with the consent of the Bank and the Lessee Company should confirm that the said equipment is subject to the Bank’s charge under the said Agreement for Hypothecation dated……………; (b) the Lessee Company should undertake the Bank that it would not assign the leasehold interest of the said equipment for any reason whatsoever; (c) that the Lessee Company shall undertake the Bank that the Lessee Company shall not have any claim on the moneys to be realised under the insurance policies to be taken out in respect of the said equipment; (d) that the Lessee Company should directly pay to the Bank the rent/hire charges and interest payable by the Lessee Company to the Lessor Company in terms of the said Agreement for Lease dated……………; (e) the Bank through its officers, agent and nominee be entitled to inspect the said equipment at such time as the Bank may think fit; (f) that the Lessor Company shall execute a Deed of Assignment in favour of the Bank irrevocably authorising the Bank to collect rent/hire charges to be paid by the Lessee Company to the Lessor Company towards liquidation of the moneys advanced by the Bank to the Lessor Company and all interest accrued thereon. AND WHEREAS with a view to recording the conditions hereinbefore provided, the parties hereto have agreed to enter into an agreement being these presents in the manner hereinafter appearing. NOW THIS AGREEMENT WITNESSETH and it is hereby agreed and declared by and between the parties hereto as follows: 1. The lessee Company hereby confirms that the said equipment is subject to the hypothecation/ charges created by the Lessor Company in favour of the Bank under the Agreement for Hypothecation dated…………… 2. The Lessee Company hereby undertakes the Bank not to deal with the said equipment which will prejudice the interest of Bank and not to assign or transfer the benefit of the said Agreement of Lease dated…………… 3. The Lessee Company hereby undertakes the Bank that the Lessee Company shall not have any claim on the moneys to be realised under the insurance policies to be taken out in respect of the said equipment. 4. That the Lessor Company hereby irrevocably and unconditionally authorises the Lessee Company to pay all the rent/hire charges payable by the Lessee Company to the Lessor Company in terms of which the Lessee Company hereby confirms and acknowledges. 5. The Lessee Company hereby irrevocably and unconditionally agrees, confirms and declares that irrespective of any disputes between the Lessor Company and the Lessee Company as regards terms, conditions and covenants contained in the Agreement for Lease dated……………, the Lessee Company shall directly pay to the Bank rent/hire charges and interest thereon payable by the Lessee Company to the Lessor Company in terms of the Agreement for Lease dated…………… 6. The Lessor Company and the Lessee Company hereby jointly declare and confirm that the Bank through its officers, agent and nominees will be entitled to inspect the said equipment which will be in the possession of the Lessee Company in terms of the Agreement of Lease dated…………… and to take possession thereof if the Bank so thinks fit. 7. That the Lessor Company and the Lessee Company hereby also jointly agree and confirm that it would not amend, alter and/or modify any of the terms, conditions and covenants contained in the said Agreement for Lease dated…………… without the prior permission of the Bank in writing. 8. The Lessee Company hereby also confirms and declares that if the Lessee Company fails to pay the rent/ hire charge to the Bank in terms of these presents, the Bank will be at liberty to take possession of the said equipment if the bank so desires to protect the interest of the Bank. 9. The Lessee Company hereby agrees that the said equipment will bear the seal “hypothecated ………………………… Bank”. NOW THIS AGREEMENT FURTHER WITNESSETH as follows: (a) That in pursuance of the said agreement and in consideration of the premises aforesaid, the Lessor Company as beneficial owner hereby transfers and assigns up to the Bank all the rent/ hire charges payable to the Lessor Company by the Lessee Company under the Agreement for the Lease dated…………… together with power for the Bank to sue, call up or recover and give effectual discharge for the same in the name of the Lessor Company or otherwise. (b) That the Lessee Company hereby agrees to pay duly and punctually all rents/hire charges payable by the Lessee Company to the Bank under the said Agreement for Lease dated…………… and upon such payment to the Bank the Lessee Company shall be fully discharged from its obligation for payment of the rents/hire charges to the Lessor Company under the said Agreement for Lease dated…………… (c) That the Bank upon receipt of the rents/hire charges mentioned above shall be at liberty to adjust and appropriate the said rents/hire charges in liquidation of the amounts due and payable for principal and interests for the loan granted under the said Agreement for Hypothecation dated…………… (d) That the Lessor Company hereby covenants with the Bank that the Lessor Company has not received any rent/hire charges in advance nor any deposit or advance or premium from the Lessee Company adjustable against the said rents/hire charges. 10. It is hereby expressly agreed and declared by and between the parties hereto that all the terms, conditions and covenants herein contained shall override the terms, conditions and covenants contained in the Agreement for Hypothecation dated…………… and the Agreement of Lease dated…………… to the extent the same are inconsistent. IN WITNESS WHEREOF the parties hereto have executed these presents on the day, month and year first above written. THE COMMON SEAL OF…………… has hereunto been affixed pursuant to the resolution passed by the Board of Directors of the Company on the day of…………… in the presence of Mr…………… and Mr…………… two of the directors of the Company who have executed these presents in token of their presence in the presence of: SIGNED AND DELIVERED for and on behalf of…………… by Mr…………… Constituted Attorney under the Power of Attorney dated…………… in the presence of…………… (7) Lease Agreement for a House (Premises) THIS LEASE made on…………… day of…………… between AB…………… (hereinafter called “the lessor”) (the expression shall include the owner for the time being of the lessors’ interest in demised premises) of the One Part and CD…………… (hereinafter called “the lessee”) (the expression shall include his heirs, executors, administrators and permitted assigns) of the other. THE DEED THEREFORE WITNESSETH AS FOLLOWS: 1. The lessor hereby demises to the lessee all that dwelling house with the land fully described in the Schedule hereto together with all out houses, wells, motor garage, kitchen, pathways, passage, garden and other appurtenances thereof situate at…………… to hold the same to the lessee form the…………… day of ……… for the term of…………… years (or year to year) paying therefor during the said term the monthly rent of Rs…………… (Rupees……………) payable on the first day of the month succeeding that for which the rent is due. 2. Lessee’s obligation: (i) The lessee hereby agrees that he will, during the said term (tenancy), pay all rents, taxes and other charges excluding the house tax which now are or may hereafter become payable in respect of the demised property; (ii) Pay Municipal charges including water bills and electric bills, etc. (iii) That he will not without the previous consent in writing of the lessor transfer or sublet or otherwise part with possession of the demised premises. (iv) That he will, without the consent in writing of the lessor, use the demised premises for residential purposes and for no other purpose. 3. Lessor’s obligations: (i) That he will during the said term (tenancy) maintain the demised premises in good and habitable condition and shall execute all necessary repairs including annual white-washing and colour washing, plastering, painting, etc. and shall renew all broken panes, fittings, bolts, etc. and on lessee’s giving the lessor notice in writing of any decay, defects, disorders, will, within one calendar month from the receipt of such notice, repair and amend the same. (ii) That he will, during the said term (tenancy), maintain the electric installation in the said premises and supply at his own expense such electric fans as may be required by the lessee. (iii) That he will carry out all immediate necessary repairs to the said premises to the entire satisfaction of the lessee. (iv) That the lessor shall repair, when necessary, the well, the passages, pathways and the road connecting the public road with the bungalow hereby demised. 4. Provided always and it is hereby agreed as follows: (i) That whenever any part of the rent hereby reserved shall be in arrears for…………… months after due date or there shall be a breach of any of the covenants by the lessee hereincontained, the lessor may re-enter on the demised premises and determine this lease. (ii) That the tenancy hereby created shall be determinable at the option of the lessor/lessee (or either party) by giving to the lessor/lessee (or the other party) …………… calendar months notice in writing. 5. It is hereby agreed between the parties as follows: That the demand for payment or notice required to be made upon or given to the lessee shall be sufficiently made or given if sent by the lessor or his agent through the post by registered letter addressed to the lessee at the demised premises (or, at……………) and, that notice requiring to be given by the lessor shall be sufficiently given if sent by the lessee through the post by registered letter addressed to the lessor at his usual or last known place of residence or business (or, at……………) and that any demand or notice sent by post in either case shall be assumed to have been delivered in the usual course of post. IN WITNESS WHEREOF the parties hereto have hereunder signed this deed on the dates mentioned against their respective signatures. Signed, sealed and delivered ............ AB ............ CD (8) Lease Agreement for Plant and Machinery LESSOR; (insert name and address) LESSEE; (insert name and address) DATE: 1. LEASE: The lessor hereby agrees to lease to Lessee and the Lessee hereby agrees to take on Lease from Lessor, subject to the terms of this Lease Agreement (herein after referred to as the “AGREEMENT”)………………………… (write brief title of the asset) (hereinafter referred to as the “EQUIPMENT”) described in the Schedule annexed hereto. 2. PERIOD: The Lessee shall take the equipment for its use on lease for the term to commence from thedate of payment by the Lessor to the supplier and to terminate at the end of ..................…………… months from the date of such commencement. The period of lease may be extended for such period and on such terms and conditions as may be agreed upon by and between the parties hereto. (Subject to the concurrence of Lessor’s Bankers). 3. RENTAL: In consideration of the above, the Lessee shall pay to the lessor, Lease rent at the rate specified in the Schedule hereunder written for the entire period of the Lease. Such rent shall be payable by the Lessee to the Lessor’s [designated Bankers…………… (insert the name of bankers) for and on behalf of the Lessor] within seven days of the same becoming due and payable. The lease rent shall be due and payable on the first day of each calendar month, commencing from the calendar month in which the period of lease commences, provided that the lease rent for the calendar month in which the period of lease commences shall become payable on the commencement of the lease period. Lessee will pay on demand as late charges, an amount equal to two per cent (2%) per month of each instalment of lease rent or part thereof that remains unpaid for a period of more than seven (7) days. It is expressly understood by the parties hereto that time shall be the essence of this Agreement, in so far as it relates to the obligations or commitments of the lessee. 4. WARRANTIES: The Lessee has made the selection of the Equipment based upon its own judgement prior to the purchase thereof by the Lessor and expressly declares that it has not relied upon any statements or representations made by Lessor, makes no express or implied warranties including those of merchantability or fitness for particular use of the Equipment and hereby disclaims the same. The Lessor shall not be responsible for any repairs, service or defects in the Equipment or the operation thereof. However, the Lessor agrees that Lessee shall be entitled to the benefits of the manufacturer’s warranties in respect of the Equipment. 5. TITLE, IDENTIFICATION, OWNERSHIP OF EQUIPMENT: No right, title or interest in the Equipment shall pass to Lessee by virtue of these presents. Conditioned upon Lessee’s compliance with and fulfilment of the term of conditions of this Agreement, the Lessee shall have the right to have and retain possession and use of the Equipment for the full term of lease including the extended term if agreed to. Lessor may require plates or makings to be affixed to or placed on the Equipment, indicating Lessor’s interests therein (and the interests of its Bankers). Lessor and Lessee hereby confirm that their intent is that the Equipment shall at all times remain the property of the Lessor. Lessee also agrees and undertakes not to sell, assign, sublet, pledge, hypothecate or otherwise encumber or suffer a lien upon or against any interest in this Agreement or the Equipment, or to remove except for the purposes of repairs with prior intimation to the Lessor the Equipment from the factory or office site where originally put to use or allow any third person to use the equipment without the prior consent of the Lessor in writing. 6. The equipment hereunder leased, will be delivered by the manufacturers/suppliers to the location specified by Lessee. Lessor shall not be responsible for any damage incurred to the Equipment during delivery. Lessor will request the manufacturers/suppliers to effect delivery on or before the date of commencement of the rentable, but if for whatever reasons, delivery is not affected by the manufacturers/ suppliers by the date, lessor shall not be liable for any loss suffered by the Lessee thereby. Lease rentals shall be deemed to commence from the date of disbursement for the actual purchase made with the consent of the lessee. 7. INDEMNITY: Lessee agrees to comply with all laws, regulations and orders relating to the possession, operation, and use of the Equipment and assumes all risks and liabilities arising from or pertaining to the possession, operation or use of the Equipment. Lessee does hereby agree to indemnify and keep indemnified and hold safe and harmless the Lessor from and covenants and undertakes to defend Lessor against any and all claims, costs, expenses, damages and liabilities whether civil or criminal, of any nature whatsoever, arising from or pertaining to the use, possession, operation or transportation ofthe Equipment. Any fees, taxes or other lawful charges paid by Lessor upon failure of Lessee to make such payments, shall become immediately due from Lessee to make such payments, shall become immediately due from Lessee to Lessor. Lessee further covenants and undertakes to indemnify and keep indemnified the Lessor against loss of Equipment by seizure by any person other than the Lessor for any reason whatsoever, or resulting from any form of legal process initiated by any person other than the Lessor, provided that such indemnity shall not cover such loss as arises out of any neglect or default on the part of the Lessor. Lessee further agrees to indemnify and keep indemnified the lessor against all risks and liabilities whether civil or criminal, arising from the possession, use, operation or storage of the Equipment and for injuries or deaths of persons or damage to property arising from the above. 8. USE, INSPECTION: Lessee will cause the Equipment to be operated in accordance with manufacturers’ manuals or instructions, if any, and in so far as applicable by competent and duly qualified personnel only and in accordance with applicable Government regulations, if any, and for business purposes only. Lessor shall have the right from time to time during the normal business hours on any working day to enter upon Lessee’s premises or elsewhere after prior notice for the purpose of confirming the existence, condition and proper maintenance of the Equipment. 9. REPAIRS, LOSS AND DAMAGE: During the term of the Lease and any renewal thereof, Lessee, at its own cost and expenses will keep all Equipments in good repair, condition and working order and shall furnish all parts, mechanisms, devices and servicing required thereof. All such parts, mechanisms and devices shall immediately be deemed part of the Equipment for all purposes hereof and shall become the property of the Lessor. In the event, any item of Equipment is lost, stolen or destroyed or damaged beyond repair for any reason, Lessee shall promptly pay the Lessor the instalments of lease rentals then remaining unpaid less insurance claims received by Lessor, in respect of insurance effected in pursuance of this Agreement, whereupon Lessor will transfer to Lessee, without recourse of warranty, all of Lessor’s right, title and interest, if any, in such items. If, however, the insurance claim received by the Lessor exceeds the amount of unpaid rentals, the Lessor shall forthwith pay the difference to the Lessee. 10. INSURANCE: Lessee shall obtain and maintain for the entire term of this Agreement at its own expense, comprehensive insurance against loss or destruction or damage to the Equipment including without limitations destruction or loss by fire, theft and such other risks or loss as are customarily insured against on the type of Equipment leased hereunder and by businesses in which Lessee is engaged and in such amounts as shall be satisfactory to lessor, provided however that the amount of insurance against loss or destruction or damage to the Equipment shall not be less than the greater of the full replacement value of the Equipment or the instalments of lease rentals then remaining unpaid hereunder plus any renewal options entered into pursuant to this Agreement. Each insurance policy will name Lessee as insured and note Lessor’s (and its Bankers’) interests as loss payee. Lessee shall furnish to Lessor a certificate of insurance or other satisfactory evidence that such insurance coverage is in effect. 11. FURTHER ASSURANCE: (a) During the term of this Agreement, Lessee shall provide if so asked for by Lessor annual audited accounts of the Lessee. (b) Lessor hereby covenants that the Equipment is the absolute property of the Lessor and undertakes not to sell or transfer the same to any party except as to hypothecate, mortgage or create a charge in favour of a Bank or Financial Institution. The Lessor shall inform the Lessee of any such mortgage or hypothecation. (c) Lessee irrevocably agrees that the lease rentals will be increased by any incremental taxes, if any, whether Sales Tax or Excise Duties or any other related and consequential charges, if any, levied on this transaction now or hereafter as also by any increase in purchase price of the asset in the intervening period between placement of the order and its acceptance and the eventualdelivery of the Equipment. The lease rentals have been stipulated in the assumption that the lessor shall be entitled to claim in his income tax assessment investment allowance @25% of the cost of Equipment and depreciation @…………… in the first year, and ……………% every year subsequently on reducing balances. The lessee agrees that the lease rentals shall be suitably increased if such investment allowance or depreciation is not allowed at all or at rates given above or due to any changes in the tax laws in respect thereof. (d) Lessee further irrevocably stipulates that at no time during the period of this lease agreement will the Lessee attempt to capitalise the leased asset on Lessee’s balance sheet and Lessee and Lessor irrevocably agree that ownership of the Equipment during the tenure of the lease as specified herein and inclusive of any renewal options that the parties hereto may concur to indisputably vests with the Lessor. (e) The Lessor does hereby agree to indemnify and keep indemnified and hold safe and harmless the Lessee from and against any loss or damage caused to or suffered by the Lessee on account of any action taken by the Bank or Financial Institution for non-satisfaction or breach of the conditions of the loan granted by the Bankers to the Lessor. In case of Lessor’s failure to make payment of principal and/ or interest of the loan and on being called upon by the Bank or Financial Institution to pay to them all or any instalments of rental and the Lessee making such payment the Lessor agrees that such payment to the Bankers or Financial Institution made by the Lessee of the sums due under this Agreement, shall be considered as having been paid to the Lessor, towards the Lessor’s dues hereunder. In that event, the Bank shall have no right of recourse to possession of Equipment so long as the Lessee meets with lease rental payments falling due under this Agreement. (f) The Lessor hereby agrees to inform its Bankers about this arrangement and obtain their confirmation to the same. 12. SURRENDER: Upon expiration or earlier termination of the lease, Lessee shall deliver to the Lessor the said Equipment at such a place as Lessor may specify in good repairable condition and working order, normal wear and tear resulting from the proper use of the Equipment and damage by fire not caused by the negligence of the Lessee shall be excepted. 13. EVENTS OF DEFAULT: An event of default shall occur hereunder if Lessee: (a) fails to pay any instalment of lease rentals or part thereof or other payment required hereunder when due and such failure continues for a period of 10 days after written notice is sent from Lessor; or (b) fails to perform or observe any other covenant condition or agreement to be performed or observed by it hereunder or breaches any representation or provision contained herein or in any other document furnished to the Lessor in connection herewith and such failure or breach continues unremedied for a period of ten days (if such breach is capable of being remedied within ten days) after written notice is sent from the Lessor; or (c) without Lessor’s consent, attempts to remove (except for repairs), sell, transfer, encumber, part with possession or sublet any item of Equipment; or (d) shall commit an act of bankruptcy or become insolvent or bankrupt or make an assignment for the benefit of creditors, or consent to the appointment of a Trustee or Receiver or either shall be appointed for Lessee or for substantial part of its property without its consent, or bankruptcy, reorganisation or insolvency proceedings shall be instituted by or against Lessee; or (e) shall suffer an adverse material change in the financial condition from the date hereof, and as a result thereof Lessor deems itself or any of its equipment to be insecure; or (f) shall be in default under any other agreement at any time executed with Lessor. 14. REMEDIES: Upon the occurrence of any default and at any time thereafter the Lessor would declare all future rentals due and to become due hereunder for the full term of the lease immediately due and payable and on such declaration being made by Lessor, Lessee shall forthwith provide to the Lessor the present value of the said sums due discounted at the rate of 12% per annum and upon Lessee failing to make the said payment within 30 days thereof Lessor may in its discretion do any one of the following: (a) Take action for recovery as liquidated damages for loss of bargain and not as penalty, of any amount equal to all unpaid lease rental payment which in the absence of a default would have been payable by Lessee hereunder for the full term thereof plus interest thereon at the rate of 2% p.m. for the period until receipt of the said amount; (b) Upon notice to Lessee terminate this Agreement and all Schedules executed pursuant hereto and forfeit the amounts paid by Lessee by way of rentals and demand the Lessee to return all equipment to Lessor at Lessor’s own risk and expenses in the same condition as delivered, ordinary wear and tear and damage by fire not caused by the negligence of Lessor excepted, at such location as the Lessor may designate and upon failure of Lessee to do so within 14 days from the date of demand, enter upon premises where such Equipment is located and take immediate possession of and remove the same, all without liability to Lessor or its Agent for such entry or for damage to property or otherwise. Lessor may detach and dismantle the Equipment from any part of the freehold or process machinery to which it may be affixed without the written permission of Lessee; (c) Sell all the Equipments at public or private sale or lease to others with 7 days’ Notice on account and at the risk of Lessee and appropriate the net sale proceeds or realisation of rental towards the present value of all the future rentals declared to be immediately due and payable at the rate of 12% per annum as aforesaid and to recover from the Lessee the shortfall or deficit together with interest thereon at the rate of 2% p.m. but the Lessor shall not in any such action or for duty to account to Lessee for such action or for any surplus realised by the Lessor by sale or lease. The remedy referred to hereinabove is intended to be in addition to any other remedy available to Lessor at law provided however that on the Lessee making payment to the Lessor at any time before action under Clauses (a) or (b) above taken by Lessor of the present value of all future lease rentals as provided herein before, the Lessee shall retain all the equipment leased hereunder for its own use and the Lessor further undertakes to transfer all its title and interest on the said Equipment to the Lessee on receipt of payment as referred to hereinabove. 15. WAIVER: Any expressed or implied waiver by the Lessor of any default shall not constitute a waiver of any other default by Lessee or a waiver of any of Lessor’s right. All original rights and powers of the Lessor under this Agreement will remain in full force, notwithstanding any neglect, forbearance or delay in the enforcement thereof, by the Lessee of this Agreement shall not be deemed as waiver of any continuing or recurring breach by the Lessee of this Agreement. 16. NOTICES: Any notices or demands required to be given herein shall be given to the parties hereto in writing and by post or by hand delivery at the address herein set forth or to such other addresses as the parties hereto may hereafter substitute by written notice given in the manner prescribed herein above. 17. This Agreement and other contracts executed between the parties hereto pursuant to this Agreement cannot be cancelled or terminated except as expressly provided herein. Lessee hereby agrees that Lessee’s obligations to pay all lease rentals and any other amounts owing hereunder shall be absolute and unconditional. This Agreement cannot be amended except in writing and shall be binding upon and to the benefit of the parties hereto their permitted successors and assigns. 18. The captions in this Agreement are for convenience only and shall not define or limit any of the terms hereof. 19. ARBITRATION: All disputes, differences, claims and questions, whatsoever, which shall arise either during the subsistence of this Agreement or afterwards between the parties and/or their respective representatives touching these presents or any clause or thing herein, contained or otherwise in any way relating to or arising from these presents shall be referred to the arbitration of two Arbitrators, one to be appointed by each party to the dispute and such arbitration shall be in accordance with and subject to the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof for the time being in force. 20. By execution hereof, the signor hereby certifies that he has read this Agreement, including the Schedule hereto and that he is duly authorised to execute this Agreement on behalf of the Lessee. IN WITNESS WHEREOF each of the parties hereto has caused this agreement to be executed in duplicate on this…………… (date) by its duly authorised officers. Signed for and on behalf of: For……………………………………… In the presence of: Witness No. 1 Witness No. 2 Signed for and on behalf of: For……………………………………… In the presence of: Witness No. 1 Witness No. 2 The Schedules above referred to
- MEMORANDUM OF CONDONATION FOR DELAY
MEMORANDUM OF CONDONATION FOR DELAY BEFORE THE ----------- STATE CONSUMER DISPUTES REDERESSAL COMMISSION AT CHENNAI MISC PETITION /2012 IN ORIGINAL PETITION 164/2001 BETWEEN Ponnian, S/o Chelliyan & Another ...... Petitioners/Complainants AND Dr. Beula Justin, W/o Justin & others .Respondents/Opposite Parties MEMORANDUM OF CONDONATION FOR DELAY The above marginal named Complainants most respectfully beg, pray and humbly submit as follows: - 1. We are the complainants in the above complaint and state that we know the facts of the case. 2. It is humbly submitted that this condonation for delay application is before this Hon’ble State Commission from a judgment dismissing for default the complaint No. 164/2001 of the complainants on 14.10.2011 and with an appeal for the restoration and recall of the above-mentioned complaint. 3. It is humbly submitted that this prayer with a request for condonation of delay for an extension of time to file this petition before this Hon’ble State Commission. On _______________the first counsel engaged withdrew from the complaint without any prior intimation to the complainants, and on 08.02.2012 after the receipt of certified copies of the order of this Hon’ble State Commission with an 30 days extension expired U/S ___ this petition is before this Hon’ble State Commission with a delay in filing after _____ days. 4. It is humbly submitted that with fact and conclusions of law, the defense counsel adequately utilized alternatives in deferring the case for past 10 years and has submitted his application in transfer of case after 10 years without any expert opinion and depositions of the facts related to complaint on _______. 5. It is further humbly submitted that the erstwhile counsel engaged is in no further correspondence with the complainants and has not returned the documents which are mandatory to prosecute complaint before this Hon’ble State Commission which has caused a considerable amount of delay in filing the Miscellaneous petition before this Hon’ble State Commission. 6. It is humbly prayed that based upon the totality of the circumstances mentioned above this Hon’ble State commission may be pleased to consider the prayer of the complainants in granting the condonation for delay in appearing before this Hon’ble State Commission for justice and equity. 7. It is humbly submitted that this Hon’ble State Commission on scrutinising facts and circumstances in the accompanying application, may please construe facts and circumstances as "sufficient cause" for condoning the delay. The facts and circumstances elucidated in the accompanying application involves the question of "substantial justice", where gross delay of ________ days, deserves to be condoned in the overall interest of justice. On the other hand if condoning the delay being denied it would seriously undermine the cause of justice, resulting into miscarriage of justice for the complainants. VERIFICATION We, Ponnian,S/o Chelliyan and Johnsi Rani,W/o Ponnaian, do hereby verify that the contents from paragraphs 1 to 13 are correct and true to the best of my knowledge and belief, the rest of the contents are based on legal advice, which I believe to be true. Affirmed at Chennai this 04 Day of April 2012. Place: Chennai Complainants Date: A common standard version is appendend for Kind perusal:: follow along with your adv of counsel:::: It is humbly submitted that this condonation for delay application is before this Hon’ble State Commission from a judgment dismissing for default the complaint No. 164/2001 of the complainants on 14.10.2011 and with an appeal for the restoration and recall of the above-mentioned complaint. The complainant humbly submit their prayer with a request for condonation of delay for an extension of time to file this petition before this Hon’ble State Commission along with an amendment petition. On _______________the first counsel engaged withdrew from the complaint without any prior intimation to the complainants, and on 08.02.2012 after the receipt of certified copies of the order of this Hon’ble State Commission with an 30 days extension expired U/S ___ this petition is before this Hon’ble State Commission with a delay in filing after _____ days. It is humbly submitted that with fact and conclusions of law, the defense counsel adequately utilized alternatives in deferring the case for past 10 years and has submitted his application in transfer of case after 10 years without any expert opinion and depositions of the facts related to complaint. It is further humbly submitted that the erstwhile counsel engaged is in no further correspondence with the complainants and has not returned the documents which are mandatory to prosecute before this Hon’ble State Commission which has caused a considerable amount of delay in filing the Miscellaneous petition before this Hon’ble State Commission. It is humbly prayed that based upon the totality of the circumstances mentioned above this Hon’ble State commission may be pleased to consider the prayer of the complainants in granting the condonation for delay in appearing before this Hon’ble State Commission for justice and equity. It is humbly submitted that this Hon’ble State Commission on scrutinising facts and circumstances in the accompanying application attributing delay may please construe facts and circumstances as "sufficient cause" for condoning the delay. The facts and circumstances elucidated in the accompanying application involves the question of "substantial justice", where gross delay of ________ days, deserves to be condoned in the overall interest of justice. On the other hand if condoning the delay being denied it would seriously undermine the cause of justice, resulting into miscarriage of justice for the complainants. Download Word Document In English. (Rs.40/-) Download PDF Document In Marathi. (Rs.40/)
- Written Statement FORMATE
Written Statement Format of a Written Statement Important points to remember- Written Statement is the response given by the defendant/respondent in a Civil Suit.Format of a Written Statement is governed by Order VI (Pleading) and Order VIII (Written Statement) CPC. Heading/Title/Signature/Verification part is all same as in a Plaint.The content/matter of the WS is written in points that correspond to the points mentioned in the Plaint. Each point in WS should accept or refute the allegations given in the same point of the plaint.A WS may also contains new points, objections to jurisdiction, pre-emptory pleas, dialatory pleas, etc.A WS must also raise any set-off or counter-claim if any. In the Court of Civil Judge at Delhi Suit No. ------------ A. B. s/o B. C.......................................... Plaintiff Vs. M. N. s/o O. P.- ......................................... Respondent Written Statement of the Respondent under Order 8 Rule 1 (or Written Statement on behalf of all the Respondents)The respondent(s) respectfully state(s) as follows : - (1) Para no. 1 of the plaint is admitted and needs no reply.(2) Para no. 2 of the plaint is admitted and needs no reply. (Facts constituting cause of action)(3) Para no. 3 of the plaint is admitted and needs no reply.(4) Para no. 4 of the plaint is admitted and needs no reply.(5) Para no. 5 of the plaint is denied and not admitted because the contract referred to by the plaintiff in Para no. 3 clearly specifies that the balance amount must be paid by 10/10/2008, failing which the agreement shall terminate and the buyer shall forfeit the initial deposit. However, the plaintiff never made the balance payment....(Jurisdiction/Optional)(10) The market value of the plot is more than 5,00,000/- and so this court has no jurisdiction to try this case.(11) The plot is situated in Dewas, MP and so this court has no jurisdiction to try this case. (12) The respondent therefore prays that the suit be dismissed with costs. Place: …………………. (Signature of the respondent)Date: ………………….. Advocate for Respondent Verification I, ______, do hereby verify that the contents from paras 1 to 12 are correct and true to the best of my knowledge and personal belief and no part of it is false and nothing material has been concealed therein. Affirmed at Indore this 4th Day of September 2014.(Signature) Responden Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)
- Format of Suit for Damages
Format of Suit for Damages In the court of Hon’ble Civil Judge, ______Civil Suit No. ___ of ________ S/o ____R/o _____…PLAINTIFFVersus1- _________________ 2- _________________ ….DEFENDANTSSUIT FOR DAMAGES/COMPENSATION OF RS. _____/-Sir, The plaintiff most respectfully submits as under: –1- That the plaintiff is a resident of above said _____, District ______. The plaintiff is a poor person and he was looking after his family members by way of running a small ____ at ____ District ____.2- That on ____ the ____ of the complainant namely ____ took ____ of the plaintiff in the fields of the plaintiff for ____ purpose. At about ____ when the said ____ reached on the field of the plaintiff just near electricity pole and touch the pole. There was live current in the said pole and due to touching of the pole and the ____ was electrocuted and consequently died on the spot. The plaintiff intimated the defendants regarding the death of the ____ and the same time. On the statement of the plaintiff the ____ dated ____ was registered in the Police Station ____. The photocopy of the ____ is Annexure ____. The photocopy of the receipt dated ____ is Annexure ____.3- That the officials of the P.S. ____ visited the spot and they recorded the statement of the plaintiff and prepared the report. On ____ at about ____ the deceased ____ was medically examined at ____ Hospital ____ where the Post Mortem Report No. dated ___ was prepared by the concerned Medical Officer of the Hospital. The Doctor clearly mentioned in the PMR that the above said ____ has died to due to electrocutions. The said ____ was ____. The photocopy of the Post Mortem Report is Annexure .4- That the plaintiff moved a complaint dated to ____ requesting him to the pay the compensation amount to the plaintiff. But the defendants did not make the payment of the compensation to the plaintiff. The photocopy of the application is Annexure and photos of the deceased _ are Annexure to Annexure .5- That due to the negligence and deficient services of the defendants the above said accident took place and if the defendants had took care of the electricity Line through their officials then the said accident might have not taken place. So the plaintiff is entitled to receive the amount of Rs. ____/-. The plaintiff is also entitled to receive the total amount of Rs. ____/- as business loss due to closure of ____ and the amount of Rs. ___/- as litigation expenses. Thus the plaintiff is entitled to receive the total damages of Rs.___/- from the respondents jointly and severally alongwith interest @ % per annum since the date of death of the said __ till actual realization of the amount in full.6- That cause of action to file the present suit firstly arose on ___ when the incident took place. The cause of action further arose on ___ when the plaintiff moved an application before the defendant No.1 and requested him to make the payment of the compensation to the plaintiff. The cause of action finally arose on ___ when the defendants refused to pay any compensation to the plaintiff. Hence this suit.7- That the no similar suit has been previously filed, pending or decided by any court of law on the same subject matter between the same parties.8- That the parties reside at ___ and the cause of action also arose at ____ to file the present suit within the territorial jurisdiction of this Hon’ble court, therefore, this Hon’ble court has got the jurisdiction to entertain and try the present suit.9- That the exact amount of damages is yet to be assessed by this Hon’ble court therefore, the amount of court fee may not be assessed at this stage, hence, only the tentative court fee of Rs. __/- has been paid on the plaint. The plaintiff undertakes that the proper stamp duty according to the amount of damages awarded by this Hon’ble court shall be paid by the plaintiff as and when this Hon’ble court would direct for the same. PRAYER: It is, therefore, prayed that a decree for damages of Rs.____/- may kindly be passed, on the grounds mentioned above, in favour of the plaintiff and against the defendant alongwith interest @ __% per annum. The costs of the suit may kindly be granted in favour of the plaintiff and against the defendant. It is prayed accordingly. Or any other relief which this hon’ble court deems fit and proper be granted to the plaintiff. PLAINTIFF Through counsel:____, Advocate, ____ VERIFICATION: Verified that the contents of Paras No.1 to 7 of the plaint are true and correct to best of my knowledge and Paras No. 8 & 9 of the plaint are true to best of my knowledge and belief and information received by me. Verified at ____ on _____.PLAINTIFF Download Word Document In English. (Rs.20/-) Download Word Document In Marathi. (Rs.20/-)
- Guarantee Of Performance Of Hire Purchase Agreement By The Hirer
Guarantee Of Performance Of Hire Purchase Agreement By The Hirer . To MR. …………………………………….……………………………………. ……………………………………. In consideration of your agreeing to deliver at my request to Shri ……………………….. (hereinafter called the hirer) under the terms of hire purchase agreement proposed to be made between you, the goods mentioned in the Schedule hereto annexed, I the undersigned …….……………. do hereby guarantee the due payment by the hirer of each and every sum that become due under the said hire-purchase agreement and the due performance by the hirer of each and every term and condition of the said agreement and I agree and declare that any extension of time or granting or indulgence to the hirer or making of any composition with the hirer or the variation of the terms of the said agreement or the waiver by you of any broach by the hirer of any terms of the said agreement will not discharge, release or affect my liability under this guarantee in any way. The Schedule referred to above (Particulars of the goods to be delivered to the hirer) IN WITNESS WHEREOF, the surety has hereunto set and subscribed his hands on this …………….. day of ……………… 20…. Signature of the surety WITNESSES; 1 ……………………… 2. …………………….. Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)
- COMMERCIAL LEASE DEED FORMAT FOR THE TENANT
COMMERCIAL LEASE DEED FORMAT FOR THE TENANT: Download Word Document In English. (Rs.60/-) Download PDF Document In Marathi. (Rs.60/-) Take care to check the valid and proper sanction for the construction of the property being negotiated for the lease; check the sanctioned plan and completion letter. Check the details of the carpet area being mentioned in the Commercial Lease Deed Format. Mention the charges related to maintenance, lift operation charges, power back up, parking and all other related charges being claimed by the owner of the commercial premises or the operator in the Commercial Lease Deed Format. Negotiate and mention about the liability of the applicable taxes, levies in the Commercial Lease Deed Format. The Commercial Lease Deed Format should clearly and specifically mention the date of commencement of the lease and the date of termination of the tenancy. Commercial Lease Deed Format should also mention specifically the mode and process of the termination of lease deed. Commercial Lease Deed Format should also indicate the enhancement clause for the leased property. The clause related to renewal of the Commercial Lease Deed Format should also be mentioned specifically. The Commercial Lease Deed Format/ agreement should be registered if the lease period is for more than 11 months. IMPORTANT TIPS FOR COMMERCIAL LEASE DEED FORMAT FOR THE LAND LORD: The identity and the paying capacity of the proposed tenant should be verified specifically. The Commercial Lease Deed Format should specifically mention about the charges related to maintenance, lift operation charges, power back up, parking and all other related to be borne. The liability of the applicable taxes, levies in the Commercial Lease Deed Format should be specifically be mentioned. The Commercial Lease Deed Format should clearly and specifically mention the date of commencement of the lease and the date of termination of the tenancy. Commercial Lease Deed Format should also mention specifically the mode and process of the termination of lease deed. Commercial Lease Deed Format should also indicate the enhancement clause for the leased property. The clause related to renewal of the Commercial Lease Deed Format should also be mentioned specifically. Commercial Lease Deed Format should also mention the mode of deposit and return of the security amount from the tenant. Commercial Lease Deed Format/ agreement should be registered with the Registrar if the lease period is more than 11 months. SAMPLE COMMERCIAL LEASE DEED FORMAT/ AGREEMENT SAMPLE COMMERCIAL LEASE DEED FORMAT/ AGREEMENT This lease is made on this ______________day at ______________ between: ( Name of the Lessee) AND (Name of the Lessor) WHEREAS: B. In consideration of the monthly rent hereinafter reserved and all the covenants and conditions hereinafter contained and on the part of the LESSEE to be paid, observed and performed, LESSOR hereby demises unto the LESSEE the Leased Premises on lease for a term of 3 (three) years from the date hereof, with the LESSEE holding the option to extend the lease for a further two terms of 3 (three) years each.C. The monthly rent for Apartment shall be Rs ———————————————————plus service tax (as applicable) and rent for 2 car parking slots shall be Rs.——————————————————————————, plus service tax (as applicable) from the date————————————–till———————————————————- thereafter the monthly rent shall be escalated by 20 percent (20%) over the last paid monthly rent, however Service Tax (as applicable) shall be paid by the LESSEE. On such renewal a fresh lease deed on the same terms and conditions as herein contained shall be executed and registered.D. The LESSEE shall enter into separate maintenance agreement with the maintenance agency and shall pay the maintenance charges, contribution to sinking fund and wing charges to them directly.E. The LESSEE is desirous of taking on lease the Leased Premises for its office and LESSOR has agreed to grant the Leased Premises on lease to the LESSEE on the terms and conditions hereinafter contained.NOW THIS DEED WITNESSETH AS UNDER: NOW THIS DEED WITNESSETH AS UNDER:1. TERM OF LEASE1.1. In consideration of the monthly rent hereinafter reserved, the LESSOR hereby demises unto the LESSEE, the Leased Premises for a period of —————————————————————-to———————— (both days are inclusive). The LESSEE shall be entitled to renew/extend the term of the lease for further two terms of 3 (three) years each on the same terms and conditions herein contained subject to escalation of rent by 20 percent (20 %) over the last paid monthly rent. On such renewal/extension, a fresh lease deed shall be executed and registered.2. RENT AND SECURITY DEPOSIT 2. RENT AND SECURITY DEPOSIT2.1 In consideration of the lease of the Leased Premises, the LESSEE shall pay rent of Rs —————————————————————————- plus service tax (as applicable) and rent for car parking slots shall be Rs—————————————————————————, plus service tax (as applicable) plus service tax (as applicable).Upon the LESSEE exercising its option to renew the lease for further period of three years, the monthly rent shall stand increased as above. Upon the LESSEE exercising its option to renew the lease for further period of three years, the monthly rent shall stand increased as above.2.2 The rent, in accordance with Clause 2.1 shall be paid monthly in advance on or before the 7th day of each month. All payments to be made by the LESSEE hereunder shall be made after deducting taxes as applicable from time to time. The LESSEE shall pay the rent on becoming payable without any formal demand being raised by the LESSOR.2.3 Notwithstanding anything to the contrary contained herein, but subject to the provisions of Clause 2.4 and Clause 5.6 if the LESSEE overstays in the Leased Premises after termination/expiry of the Lease Deed, LESSOR shall be entitled to charge double of existing rent from the LESSEE and withdraw all facilities provided to the LESSEE. This shall be without prejudice to LESSOR’s rights to file a legal suit for the possession of the Leased Premises from the LESSEE and/or take any other legal action in court of law and/or enter upon the Leased Premises.2.4 Provided always, in the event LESSOR defaults in refunding or repaying the unadjusted advance rent, if any, to the LESSEE simultaneously upon the handing over of the vacant and peaceful physical possession of the Leased Premises by the LESSEE to LESSOR, in accordance with the terms hereof, on the expiry of the term or earlier termination of this Lease Deed, then notwithstanding anything to the contrary contained herein, the LESSEE shall have a right to retain possession of the Leased Premises without payment of any rent or any other charges together with the right to recover the said amount of unadjusted advance rent alongwith interest @ 21% per annum thereon from the date LESSOR was to refund such amount, in accordance with terms hereof, till the date of full and final payment.2.5 However, this shall be without prejudice to the rights of the LESSEE under the law to claim from the LESSOR the entire amount of unexpired/unadjusted advance rent along with interest thereon at the rate of @ 21% per annum from the date of expiry or early termination of this Lease Deed, as the case may be, till date of payment.2.6 The Lessee, as security for its obligations under the Lease Deed has deposited as interest free refundable security deposit with LESSOR, an amount of Rs. ——————————————————————————–which has been duly received and acknowledged by LESSOR and interest free refundable security deposit shall increased by 20 % provided the lease is renewed.2.7 The additional amount of security deposit as above, shall be deposited at least 15 (fifteen) days before the commencement of the aforesaid date on which the security deposit is to be increased provided the lease is renewed failing which, notwithstanding anything to the contrary contained in the Lease Deed, LESSOR apart from its right to claim interest @ 21% p.a. on the additional amount for the delayed period, shall also be entitled to forthwith terminate the Lease Deed anytime thereafter.2.8 The said amount of security deposit including additions thereof, shall remain with LESSOR without any interest and shall be refunded, after deductions on account of unpaid rent (including amounts payable by the LESSEE, in terms of Clause 5.2 and Clause 5.3 of the Lease Deed), electricity charges and willful damage to the Leased Premises and/or the said building, simultaneously upon the handing over of the vacant and peaceful physical possession of the Leased Premises by the LESSEE to LESSOR in accordance with the Lease Deed on the expiry or earlier termination of the term of the lease. Provided always in the event LESSOR defaults in refunding or repaying the amount of interest free security deposit and all other amounts outstanding subject to deductions as above, to the LESSEE, simultaneously upon the handing over of the vacant and peaceful physical possession of the Leased Premises without payment of any rent or any other charges together with the right to recover the said amount of Interest Free Security Deposit, advance rental and all other amounts outstanding (together with interest @ 21% per annum with monthly rests thereon) from the date LESSOR was to refund such amount, in accordance with the terms hereof, till the date of full and final payment.3. LESSOR HEREBY COVENANTS WITH THE LESSEE AS FOLLOWS: 3. LESSOR HEREBY COVENANTS WITH THE LESSEE AS FOLLOWS:3.1 The vacant and peaceful possession of the Leased Premises has been handed over by LESSOR to the LESSEE on the date hereof.3.2 Should the LESSEE desire linkages from the additional air-conditioning system for cooling of their Server / UPS outside regular office hours, (regular office hours shall be from 8.30 AM to 6.30 PM from Monday to Friday and from 8.30 AM to 2.30 PM on Saturdays, public holidays exempted), LESSOR hereby agrees to provide the same . Charges towards installation and running of such unit(s) will be borne pro rata to the tonnage that shall be availed by all users of such facility at 1.2 times of actual cost incurred by owner.3.3 The LESSEE shall pay the electricity bills for the electrical load provided by LESSOR to the LESSEE for the Leased Premises each month at applicable rates. If the LESSEE requires any extra load, LESSOR shall arrange the same at the cost and expense of the LESSEE. The LESSEE shall pay requisite amounts for the additional load, including security deposit amounts, as and when demanded by the landlord.3.4 LESSOR shall pay all taxes, ground rent, house tax, other charges, imposts, assessments and outgoings assessed or payable to the Delhi Municipal Corporation or the Government or any local authority in respect of the Leased Premises, at the rates prevailing on the date hereof.3.5 LESSOR shall abide by all laws, Bye-laws, Rules & Regulations of the Government or any other authority or local body and shall observe and perform the covenants and conditions and shall attend to, answer, and be responsible for, all violations of any of the conditions or rules, or Bye-laws, that may be required to be followed, observed and performed by the landlord of a property, by the said authority and shall keep & hold the LESSEE harmless and indemnified in this regard.3.6 The LESSEE, along with other occupants of the Right Wing of the Ground Floor, shall have right of access to and use of the common areas of the said Right Wing, including the common passage, dinning space, toilets and pantry service area.3.7 LESSOR assures that it has the absolute and unrestricted right to lease the Leased Premises to the LESSEE and to execute this Lease Deed as per the terms and conditions contained herein and that it has complied with all the requisite compliance under applicable statutory provisions or applicable municipal regulations. In the event of there being any defect or deficiency or inadequacy in LESSOR right to execute this Lease Deed and/or to give on Lease the Leased Premises, LESSOR undertakes to indemnify the LESSEE against all consequences arising therefrom, including damages, losses, costs or any other claims and demands relating thereto. LESSOR further undertakes to indemnify the LESSEE for losses and expenses that may be caused to it in the event the LESSEE is evicted from the Leased Premises by the Government or any local / municipal authority for the reason that the occupation of the Leased Premises is unauthorized for want of necessary permission from the said authorities. LESSOR further undertakes to indemnify the LESSEE for losses and expenses that may be caused to it in the event the LESSEE is evicted from the Leased Premises by the Government or any local / municipal authority for the reason that the occupation of the Leased Premises is unauthorized for want of necessary permission from the said authorities.This will be in addition to the refund by LESSOR to the LESSEE of all advances made subject to the deduction on a pro rata basis for any period the LESSEE was in possession of the Leased Premises. This will be in addition to the refund by LESSOR to the LESSEE of all advances made subject to the deduction on a pro rata basis for any period the LESSEE was in possession of the Leased Premises.4. THE LESSEE HEREBY COVENANTS WITH LESSOR AS FOLLOWS: 4. THE LESSEE HEREBY COVENANTS WITH LESSOR AS FOLLOWS:4.1. The LESSEE shall directly pay to the maintenance agency all charges as per applicable rates for the electricity consumed by it. It is being clarified that any amount payable for electricity charges after the expiry or earlier termination of the lease, as the case may be, shall be the sole liability of LESSOR.4.2. The LESSEE shall have access to the Leased Premises and, or, the said Building (for use and occupation of the Leased Premises) at all times i.e. twenty four (24) hours a day and seven (7) days per week throughout the term of this Lease Deed.4.3. The LESSEE shall not sublet, assign or otherwise part with the possession of any part or whole of the Leased Premises hereby demised without the prior consent of LESSOR which consent shall not be unduly withheld for any request to assign the Lease to any affiliated entity of the LESSEE that assumes or take over the business operations of the LESSEE.4.4. The LESSEE shall keep the interior of the Leased Premises in good repair, order and condition (reasonable wear and tear and damages by fire, earthquake, floods tempest, lightning, and violence of any army/or mob beyond the LESSEE’s control are exempted). Any repairs on account of structure (such as cracks/defects in true ceiling, window glass panels, floors and columns, load bearing walls, beams), bursting of water/sanitary pipes shall be to the account of LESSOR.4.5. The LESSEE shall abide by the bye laws and regulations of the local authorities, in relation to the Leased Premises.4.6. The LESSEE shall not make any changes, structural or otherwise, in the Leased Premises nor use common areas of the said building for any other purpose other than for common use. It being expressly agreed by the LESSEE that it shall not make any changes in the outer facade of the said building nor install any air-conditioners or neon signs thereof.4.7. The LESSEE shall permit LESSOR and its agents surveyors and workmen to enter into the Leased Premises at all reasonable times for the purpose of inspection or repair of the Leased Premises after giving appropriate notice if feasible. However, LESSOR shall ensure that minimum interference is caused to the working of the LESSEE during such inspection or repair.4.8. The LESSEE further covenants with LESSOR that it shall:Not use the Leased Premises nor allow the use of the Leased Premises in a manner, which would cause interference or disturbance to other occupants of the said building; Not use the Leased Premises nor allow the use of the Leased Premises in a manner, which would cause interference or disturbance to other occupants of the said building;Not park any vehicle in any space not allotted in writing for that purpose with regard to the reserved parking slots; Not park any vehicle in any space not allotted in writing for that purpose with regard to the reserved parking slots;Use only such routes of entry/exit, as have been allowed by LESSOR for that purpose; Use only such routes of entry/exit, as have been allowed by LESSOR for that purpose;Not transport any heavy goods to the Leased Premises during office hours in order to avoid inconvenience to the occupants of the said building; Not transport any heavy goods to the Leased Premises during office hours in order to avoid inconvenience to the occupants of the said building;Use part or all of the Leased Premises only for its office and /or business activities; Use part or all of the Leased Premises only for its office and /or business activities;Not carry on or permit to be carried on in the Leased Premises, or in any part thereof, any activity which shall be deemed unlawful or of nuisance to LESSOR or other occupants of the said building; Not carry on or permit to be carried on in the Leased Premises, or in any part thereof, any activity which shall be deemed unlawful or of nuisance to LESSOR or other occupants of the said building;Not use the Leased Premises for carrying on any manufacturing process of any nature whatsoever; nor as workshop; Not use the Leased Premises for carrying on any manufacturing process of any nature whatsoever; nor as workshop;Not store goods of hazardous or combustible nature or which are so heavy as to affect the construction or structure of the said building or any part thereof; Not store goods of hazardous or combustible nature or which are so heavy as to affect the construction or structure of the said building or any part thereof;Put up its nameplate only at such a place as may be designated by LESSOR; Put up its nameplate only at such a place as may be designated by LESSOR;Not use the glass curtain wall / facade or common areas of the Building for any kind of display / signage. Not use the glass curtain wall / facade or common areas of the Building for any kind of display / signage.5. IT IS HEREBY MUTUALLY AGREED AS FOLLOWS: 5. IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:5.1 The LESSEE may terminate this Lease Deed effective anytime after ————————-.It being expressly clarified that this Lease can only be terminated after serving upon LESSOR a notice of 3 (three) months, or payment of applicable rent in lieu of notice or a combination thereof.5.2 LESSOR shall be entitled to charge double the prevailing rent from the LESSEE and withdraw all facilities provided to the LESSEE in case the LESSEE overstays in the Leased Premises after termination/expiry of the Lease Deed. This shall be without prejudice to LESSOR’s rights to file a legal suit for the possession of the Leased Premises from the LESSEE and/or take any other legal action in court of law and/or enter upon the Leased Premises.5.3 Notwithstanding the provisions of Clause 5.1 and save as provided in Clause 2.4 and Clause 5.7, in the event the LESSEE fails to pay the monthly rent in accordance with Clause 2.1. Read with Clause 2.2. above, within 60 (sixty) days of the due date, LESSOR apart from its right to claim interest @ 21% per annum with monthly rents for the period of delay, shall also be entitled to terminate the lease anytime after the expiry of said notice period of thirty days.Provided further if the lease is terminated in accordance with the preceding sentence, LESSOR shall also be entitled to rent for the balance period of the lock in period or notice period (in accordance with Clause 5.1 above), whichever is later. Provided further if the lease is terminated in accordance with the preceding sentence, LESSOR shall also be entitled to rent for the balance period of the lock in period or notice period (in accordance with Clause 5.1 above), whichever is later.This is without prejudice to LESSOR’s rights to file a legal suit in the court of law for recovery of outstanding amounts and/or possession of the Leased Premises and/or enter upon the Leased Premises and/or adjust the amounts payable by the LESSEE, as above, against any amounts of the LESSEE lying with LESSOR. This is without prejudice to LESSOR’s rights to file a legal suit in the court of law for recovery of outstanding amounts and/or possession of the Leased Premises and/or enter upon the Leased Premises and/or adjust the amounts payable by the LESSEE, as above, against any amounts of the LESSEE lying with LESSOR.5.4 That if during the term hereof, LESSOR shall sell, transfer gift or part with the Leased Premises or any part thereof, or its rights therein, the LESSEE shall attorn this lease in favour of such buyer / transferee / donee on the same terms and conditions hereof. In such event, LESSOR shall obtain confirmation of such attornment from the said buyer/ transferee / donee. LESSOR further undertakes and agrees to simultaneously transfer the Security Deposit to the new buyer / transferee /donee and to provide the LESSEE written confirmation to this effect duly signed by LESSOR and the new buyer / transferee / donee.5.5 If due to flood, fire, earthquake, tempest or any other acts of God or any act of war/civil commotion or for any reason beyond the reasonable control of human beings, the Leased Premises or any part thereof cannot be used and/or occupied by the LESSEE or if the Leased Premises or any part thereof is sealed or is rendered unfit for use and occupation by any statutory authority and/or municipality, the LESSEE shall not be liable to pay any rent to LESSOR for such period.5.6 Notwithstanding anything contained in this Lease Deed, if the Leased Premises remain in such a condition, as stated in Clause 5.6 above, for more than 30 (thirty) days, notwithstanding the provisions of Clause 5.1 of this Lease Deed, any time after the expiry of said 30 (thirty) days, the LESSEE shall be entitled to terminate this Lease Deed, upon giving 30 (thirty) days written notice to this effect to LESSOR. In such event LESSOR shall be liable to refund entire amount of the unexpired/unadjusted advance rent and the amount of security deposit to the LESSEE without any delay or demur.5.7 The LESSEE undertakes to sign a separate maintenance agreement and to be bound by the terms and conditions of the said Maintenance Agreement, which shall always be co-existent and run co-terminus with this Lease Deed. The LESSEE shall make payment of all charges as are stipulated therein and shall be bound by a continuing obligation to make payment of such maintenance charges. It is being expressly agreed by the LESSEE that notwithstanding anything to the contrary contained herein, if the said Maintenance Agreement is terminated then this Agreement shall also stand terminated and that so long as rent is payable by the LESSEE under this Lease Deed, the LESSEE shall pay Maintenance Charges to the agency.5.8 Any notice, request or instruction permitted or required to be given here under by any party to the other shall be in writing and shall be deemed sufficiently given if delivered personally, sent by registered or certified mail, postage prepaid, at the addresses of the parties mentioned in the title of this Agreement, unless in each case LESSOR and the LESSEE shall have given notice as provided herein of a different address.6. REGISTRATION 6. REGISTRATION6.1 This Lease Deed shall be executed on appropriate value stamp papers and the same shall be registered with the office of Registrar of competent jurisdiction within a period of thirty days from the date whereof.6.2 All expenses relating to the stamp duty and registration of the lease deed shall be shared between the LESSEE and LESSOR in the proportion of 60: 40 and it is further agreed that LESSEE shall keep the original registered Lease Deed and copy shall be provided to LESSOR.IN WITNESS WHEREOF the parties hereto have executed these present at the place and on the day, month and year above written. IN WITNESS WHEREOF the parties hereto have executed these present at the place and on the day, month and year above written.For LESSOR For LESSOR
- Leave and License Agreement
LEAVE AND LICENSE AGREEMENT Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-) This agreement is made and executed on 1/29/2021 at Mumbai BETWEEN, Mr. _______ , Age: ___ Years, PAN: XXXXXXXXXX , Residing at: ________________ HEREINAFTER called ‘the Licensor (which expression shall mean and include the Licensor above named and also his/her/their respective heirs, successors, assigns, executors and administrators) Mr. _______ , Age: ___ Years, PAN: XXXXXXXXXX , Residing at: ________________ HEREINAFTER called ‘the Licensees ’ (which expression shall mean and include only Licensees above named). WHEREAS the Licensor is absolutely seized and possessed of and or otherwise well and sufficiently entitled to all that constructed portion being unit described in Schedule I hereunder written and are hereafter for the sake of brevity called or referred to as Licensed Premises and is/are desirous of giving the said premises on Leave and License basis under Section 24 of the Maharashtra Rent Control Act, 1999. AND WHEREAS the Licensees herein are in need of temporary premises for Residential use has/have approached the Licensor with a request to allow the Licensees herein to use and occupy the said premises on Leave and License basis for a period of ___ Months commencing from XX/XX/XXXX and ending on XX/XX/XXXX , on terms and subject to conditions hereafter appearing. AND WHEREAS the Licensor have agreed to allow the Licensees herein to use and occupy the said Licensed premises for her aforesaid Residential purposes only, on Leave and License basis for above mentioned period, on terms and subject to conditions hereafter appearing; Period: That the Licensor hereby grants to the Licensees herein a revocable leave and license, to occupy the Licensed Premises, described in Schedule I hereunder written without creating any tenancy rights or any other rights, title and interest in favour of the Licensees for a period of ___ Months commencing from XX/XX/XXXX and ending on XX/XX/XXXX License Fee & Deposit: That the Licensees shall pay to the Licensor commencing from XX/XX/XXXX the following amount per month towards the compensation for the use of the said Licensed premises. Rs. ______ per month for the first ___ months The amount of monthly compensation License fee shall be payable within first five days of the concerned month of Leave and License. Licensees shall also pay to the Licensor Rs. _______ interest free refundable deposit, for the use of the said Licensed premises. Payment of Deposit: That the Licensees has paid / shall pay the above mentioned deposit/premium as mentioned above by XX/XX/XXXX Maintenance Charges: That the all outgoings including all rates, taxes, levies, assessment, maintenance charges, non occupancy charges, etc. in respect of the said premises shall be paid by the Licensor. Electricity Charges: The licensee herein shall pay the electricity bills directly for energy consumed on the licensed premises and should submit original receipts to Licensor indicating that the electricity bills are paid. Use: That the Licensed premises shall only be used by the Licensees for Residential purpose.The Licensees shall maintain the said premises in its existing condition and damage, if any, caused to the said premises, the same shall be repaired by the Licensees at its own cost subject to normal wear and tear. The Licensees shall not do anything in the said premises which is or is likely to cause a nuisance to the other occupants of the said building or to the prejudice in any manner to the rights of Licensor in respect of said premises or shall not do any unlawful activities prohibited by State or Central Government . Alteration: That the Licensees shall not make or permit to do any alteration or addition to the construction or arrangements (internal or external) to the Licensed premises without previous consent in writing from the Licensor. No Tenancy: That the Licensees shall not claim any tenancy right and shall not have any right to transfer, assign, and sublet or grant any license or sub-license in respect of the Licensed Premises or any part thereof and also shall not mortgage or raise any loan against the said premises. Inspection: That, the Licensor shall on reasonable notice given by the Licensor to the Licensees shall have a right of access either by himself / herself / themselves or through authorized representative to enter, view and inspect the Licensed premises at reasonable intervals. Lock in period: Both the parties have agreed to set a lock-in period of ____ months during which neither the Licensor shall ask the licensee to vacate the premises, nor the licensee shall vacate the premises on his own during the lock-in period.In spite of this mandatory clause, if the licensee leaves the premises for whatsoever reason, he shall pay to the Licensor license fee for the remaining lock-in period at the rate of agreed upon in the agreement. On the other hand, Licensor shall compensate the Licensee for loss and inconvenience caused to the Licensee if he has been asked to vacate the premises. Cancellation: That, Subject to the condition of lock in period (if any), if the Licensee commits default in regular and punctual payments of monthly compensation as herein before mentioned or commit/s breach of any of the terms, covenants and conditions of this agreement or if any legislation prohibiting the Leave and License is imposed, the Licensor shall be entitled to revoke and / or cancel the License hereby granted, by giving notice in writing of one month and the Licensee too will have the right to vacate the said premises by giving a notice in writing of one month to the Licensor as mentioned earlier. Possession: That the immediately at on the expiration or termination or cancellation of thisagreement the Licensees shall vacate the said premises without delay with all her goods and belongings. In the event of the Licensees failing and / or neglecting to remove themselves and / or her articles from the said premises on expiry or sooner determination of this Agreement ,the Licensor shall be entitled to recover damages at the rate of double the daily amount of compensation per day and or alternatively the Licensor shall be entitled to remove the Licensees and her belongings from the Licensed premises, without recourse to the Court of Law. Furniture and Appliances: The said premises is having the Furniture and Appliances mentioned in the Schedule II. The licensee shall maintain the said Furniture and Appliances in the said premises in its existing condition and damage, if any, caused to the said Furniture and Appliances, the same shall be repaired by the Licensee/s at its own cost subject to normal wear and tear Registration: This Agreement is to be registered and the expenditure of Stamp duty and registration fees and incidental charges, if any, shall be borne by the Licensee and Licensor equally. SCHEDULE I (Being the correct description of premise Apartment/Flat which is the subject matter of these presents) All that constructed portion being Residential unit bearing Apartment/Flat No _____ , Carpet _____ Square Feet, situated on the ____ Floor of a Building known as, _________ standing on the plot of land bearing Survey Number ______ situated within the revenue limits of _______ and _______ District and situated within the limits of ________ IN WITNESS WHEREOF the parties hereto have set and subscribed their respective signatures by way of putting thumb impression electronic signature hereto in the presence of witness, who are identifying the executants, on the day, month and year first above written. SCHEDULE II Sr No. Item Number of Units Name and Address Photo Thumb Impression Digitally Signed Licensor Name: _______ Address: ________________ Photo Licensee Name: _______ Address: ________________ Photo Witness of execution of all executants Name: ______________ UID: ______________ Address: ______________ Photo Witness of execution of all executants Name: ______________ UID: ______________ Address: ______________ Photo
- Format of Notice of Revocation to Arbitrator
Format of Notice of Revocation to Arbitrator To …………….. …………….. Please take notice that I, the undersigned, have, by instrument dated………revoked your authority to arbitrate in the matter originally referred to you for arbitration under the letter to appointment dated……..or agreement of reference dated…………or deed dated………….. I hereby restrain you from acting in the said arbitration and direct you to return to me all the papers submitted to you by me in that behalf. You are hereby discharged under the said reference. Dated……………………. Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)














