Search Results

Agreement between a Manufacturer and Selling Agent An Agreement made on this………………..day of …………………between ABC & Co. Ltd. having its registered office at………….(hereinafter called the “manufacturer”) of the one part AND PN son of………………..resident of…………….(hereinafter called the agent) of the other part. Whereas the manufacturer carries on the business of manufacturing banyans, underwear’s, hosiery and other wearing apparel of all kinds. and Whereas the manufacturers is desirous of opening retail shops in various towns of India and is willing to appoint agents for this purpose who shall have to act exclusively as the selling agents of the products of the manufacturer. and whereas the said agent has approached the manufacturer and expressed his consent to act as such agent on the terms and conditions mutually agreed upon. Now, therefore, this Agreement Witnesses as Follows: 1.     The manufacturer carries on the business of manufacturing baniyans, underwears, hosiery and other wearing apparel of all kinds. 2.     The manufacturer is desirous of opening retail shops in various towns of India and is willing to appoint agents for this purpose who shall have to act exclusively has the selling agents of the products of the manufacture. 3.     The said agent has approached the manufacturer and expressed his consent to act as such agent on the terms and conditions mutually agreed upon; Now, therefore, this Agreement Witnesses as Follows : 1.     That the agent shall deposit a sum of Rs…………..as security for the due fulfilment of the terms of this agreement as well as for the adjustment thereof against the price of the goods supplied to the agent by the manufacturer from time to time. 2.     That the manufacturer shall supply an assortment of goods manufactured by it approximately of the value of Rs……………in the first instance and thereafter shall furnish to the agent at his request in writing such further goods as may be so requisitioned by him or as the manufacturer may think expedient to supply to the agent to be kept in the shop run by the agent, so that the total value thereof at any time may not, if requisitioned by the agent, exceed the value of Rs…………………but it shall be at the option of the manufacturer to supply further goods of its manufacture, which it may deem expedient, subject, however, to the compliance with the requisition made to the manufacturer by agent as aforesaid to replenish the stock which, in the opinion of the agent, finds a ready market for its sale. 3.     That the agent shall keep proper account and shall issue cash voucher for every article sold by him, which shall be prepared in triplicate, one legible copy whereof shall be submitted to the manufacturer by the agent every Friday or the next day on which the shop is opened by the agent in case Friday should be a close-day. The copies of such vouchers shall be accompanied with a statement of account showing the goods received by the agent from the manufacturer during the previous week ending with Saturday previous to Friday on which the return is so submitted. 4.     That all the goods supplied by the manufacturer shall be deemed to be in trust with the agent for the purposes of sale on behalf of the manufacturer and any willful omission or non-mention thereof in the return of the sale and receipt of goods submitted to the manufacturer weekly as aforesaid shall be deemed to be a misappropriation thereof unless such omission when pointed out and notified by the manufacturer is not rectified or appropriately explained within one week of such notification. 5.     That the manufacturer shall pay to the agent a commission of……….per cent on the sale of the goods so supplied to the agent. The agent shall be entitled to deduct the commission out of the sale-proceeds and shall be bound to remit to the manufacturer the balance of the sale-proceeds receive by the agent up to Saturday previous, which shall be so remitted on or before Friday next ensuing. The agent, however, shall, at his discretion, be entitled to sell not more than 10 per cent of the sales effected during the week on credit and he shall be bound to realise such out standings within two months of the sale be bound to pay in cash from his own pocket for the price of the foods so sold on credit. The return submitted by the agent shall show in a separate account the sales so made on credit and the realizations made thereon from time to time. 6.     That the agent shall not sell any article at a price less than the one marked thereon by the manufacturer or fixed in respect of the article by the manufacturer from time to time. Any article which becomes soiled or partly broken or otherwise unfit for sale or otherwise apparently diminished in value shall not be exposed for sale by the agent except with the prior approval of the manufacturer, and at prices to be mutually settled between the parties. The agent shall be entitled to give a concession of not more than 5 per cent of the saleable value of any article to any old customer of the agent or any relation of the agent. The agent shall indicate in the return submitted by him weekly as provided in the agreement the fact of such sale at concessional rates. 7.     That the agent shall take reasonable care of the goods supplied by the manufacturer and in case of any theft or injury thereto destruction thereof, he shall make a report to the police in case of a cognizable offence having been committed in respect thereof and forward a copy thereof to the manufacturer or submit a report in respect thereof within three days of the occurrence or its cognizance by the agent. the agent shall assist the manufacturer in the apprehension of the offender or in alleviating or removing the cause of such injury, if any. In the event of the manufacturer making a claim for compensation or otherwise from any insurance company the agent shall assist the manufacturer as if the agent was himself the assured. 8.     That the agent shall keep the goods of the manufacturer for sale in a premises approved by the manufacturer which shall kept clean and well equipped with furniture and other conveniences for the customers. 9.     That this agreement is made to run for a period of two years liable, however, to be terminated earlier, ipso facto in the event of bankruptcy or death of the agent or at the expiry of a notice of a fortnight served on or delivered to the agent at his address aforementioned or sent by registered post to him at the said address in case of default of or breach committed by the agent in respect of any of the terms of this agreement. The agent may also terminate this agreement after giving one month’s notice to the manufacturer in any of the aforementioned modes in case the manufacturer should fail to comply with or commit a breach of the terms of this agreement. 10.  That any dispute arising between the parties touching the interpretation or compliance or non-compliance with the terms or conditions of this agreement shall be referred to the arbitration of the President of the District Bar Association who may determine the dispute himself or refer the dispute to the arbitration of any other member of the Bar Association at …………….The fees of the arbitrator shall be determined by the said President with the assent of the parties, failing which by Court having jurisdiction at…………..to try and decide the dispute. 11.  That at the termination of this agreement, the accounts between the parties shall be mutually adjusted within one month of such termination . In case any party fails to assist in such examination or adjustment of accounts and the taking of stock, the other party may refer the examination and taking of accounts to the determination of the President of the District Bar Association at………….and the provision of CI. 9 aforesaid shall apply thereto. 12.  That no commission shall be payable to the agent after the termination of the agreement whether by efflux of time or otherwise under this agreement, except when this agreement is renewed and the parties mutually further agree thereto or the arbitrator in the event of reference thereto, thinks fit to allow such commission either by interlocutory award or finally subject to such terms as the arbitrator may deem proper. 13.  That the agent shall not, during the period of two years fixed in the agreement (and notwithstanding prior determination thereof by any party thereto), sell goods of any other manufacturer or person and the manufacturer shall not appoint any other selling agent within a radius of ……. Yards of the shop of the agent. in witness whereof the parties have signed this agreement on the day and year first above written. ……………………………….. …………………………….. (Agent) (Manufacturer) Download Word Document In English. (Rs.30/-)

Delay Condonation In SLP In law every right has its own period of limitation. This is a principle of equity. One has to claim certain right within a specific period. After that he is forbidden from claiming the same. But the law provides remedy for the delay also. The delay can be caused due to many unavoidable reasons or due to mistake. But for claiming the remedy for condonation of delay one has to file a petition in the Court. Section 5 of the Limitation Act provides a remedy which says that a delay can be condoned on proving sufficient cause. The expression sufficient is very liberally construed by the Courts. Below is a format of affidavit for the petition for condonation of delay. Before the Honourable District Court at _______________(enter station) AS No.(enter appeal suit number and year) Appellant:(enter name) Respondent:(enter name)   AFFIDAVIT  1. I am the appellant in the above appeal and the petitioner in the IA.  2. The above appeal is given against the judgement and decree of ______court in OS No._____(give case number) against the appellant stating to _______(briefly state the order). I know the facts of the case.  3. The appeal ought to have been filed on _______(date). But as I(appellant) was________(enter the sufficient reason) the appeal could not be filed within the said period. Hence a delay of _____days is caused in filing the appeal. The said delay is not due to my wilful default.  4. I have filed a separate petition along with this for condoning the delay of days in filing the appeal which has to be allowed. Hence it is prayed that this honourable court may be pleased to condone the delay of _days in filing the appeal by allowing the IA filed herewith for the same, unless I will be put to irreparable injuries and loss. All that is stated above are true and correct to the best of my belief. Dated this the ______(date) Sd/-Deponent Mob No: Email: Ms. Arundhati I think this suffice your requirement  Regards   Delay Condonation In SLP IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION I.A. No. ______________OF 2000 IN SPECIAL LEAVE PETITION NO.__________OF 2000 AN APPLICATION FOR CONDONATION OF DELAY IN THE MATTER OF Articles 136,_____,and M/s. ________________ PETITIONER VERSUS Mr.______________& Others RESPONDENTS AN APPLICATION FOR CONDONATION OF DELAY The Honorable Chief Justice of India and his companion Justices of the Supreme Court The humble Petition of the Petitioner above-named MOST RESPECTFULLY SHOWETH: 1.      That the petitioner has filed this Special Leave Petition against the final judgment and order dated passed by the High Court of at in Writ Petition No. of 2000. 2.      That the petitioners have stated the facts of the case and the grounds arising there from in the accompanying petition and the same may be treated as part and parcel of this application. 3.      That against the final judgment and order dated passed by the High Court of at in Writ Petition No. _____________of the petitioner had preferred a Writ Appeal being Writ Appeal No. of and the same was pending before the Honorable High Court/ or state any other valid reason. 4.      That due to the aforesaid reason a delay has occurred in challenging final judgment and order dated passed by the High Court of ______at in Writ Petition No._________ of 2000. 5.      That the said delay which has occurred is purely technical in nature. 6.      That the instant petition does not suffer from any latches as the delay, if any, in filing this petition is unintentional and as such, the delay which has so occasioned may be condoned. PRAYER It is therefore most respectfully prayed that this Honorable court may be pleased to: A.     Condone the delay if any in filing the instant Special Leave Petition against the impugned Judgment and Order dated passed by the Honorable High Court of at in Writ Petition No.___________ of 2000. B.     Pass any further Orders this Honorable Court may deem fit in and proper under the facts and circumstances of the case. AND FOR THIS ACT OF KINDNESS THE PETITIONER SHALL BE EVER GRATEFUL. DRAWN AND FILED BY NEW DELHI: ADVOCATE FOR THE PETITIONER FILED ON Download Word Document In English. (Rs.20/-)

Delay Condonation In SLP IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION I.A. No. ______________OF 2000 IN SPECIAL LEAVE PETITION NO.__________OF 2000 AN APPLICATION FOR CONDONATION OF DELAY IN THE MATTER OF Articles 136,_____,and M/s. ________________ PETITIONER VERSUS Mr.______________& Others RESPONDENTS AN APPLICATION FOR CONDONATION OF DELAY The Honorable Chief Justice of India and his companion Justices of the Supreme Court The humble Petition of the Petitioner above-named MOST RESPECTFULLY SHOWETH: 1.     That the petitioner has filed this Special Leave Petition against the final judgment and order dated passed by the High Court of at in Writ Petition No. of 2000. 2.     That the petitioners have stated the facts of the case and the grounds arising there from in the accompanying petition and the same may be treated as part and parcel of this application. 3.     That against the final judgment and order dated passed by the High Court of at in Writ Petition No. _____________of the petitioner had preferred a Writ Appeal being Writ Appeal No. of and the same was pending before the Honorable High Court/ or state any other valid reason. 4.     That due to the aforesaid reason a delay has occurred in challenging final judgment and order dated passed by the High Court of ______at in Writ Petition No._________ of 2000. 5.     That the said delay which has occurred is purely technical in nature. 6.     That the instant petition does not suffer from any latches as the delay, if any, in filing this petition is unintentional and as such, the delay which has so occasioned may be condoned. PRAYER It is therefore most respectfully prayed that this Honorable court may be pleased to: A.    Condone the delay if any in filing the instant Special Leave Petition against the impugned Judgment and Order dated passed by the Honorable High Court of at in Writ Petition No.___________ of 2000. B.    Pass any further Orders this Honorable Court may deem fit in and proper under the facts and circumstances of the case. AND FOR THIS ACT OF KINDNESS THE PETITIONER SHALL BE EVER GRATEFUL. DRAWN AND FILED BY NEW DELHI: ADVOCATE FOR THE PETITIONER FILED ON Download Word Document In English. (Rs.20/-)

Draft Notice U/S 138 of NIA IN THE COURT OF LD. METROPOLITAN MAGISTRATES 23rd COURT AT ESPLANADE, MUMBAI CASE No. OF 2006 TRADE WINGS HOTELS LIMITED ) Having its Corporate Office at ) 18/20 Dubash Marg, Kalaghoda, ) Fort, Mumbai 400 023 ) Having its Registered Office at ) 6 Mascarenhas building ) Mahatma Gandhi Road, ) Panaji, Goa 403 001 ) through Mr. Ajay Vageria ) its Authorised Representative ) COMPLAINANT V/s 1. ABK Enterprises Pvt. Ltd. ) Having its registered office at ) Chandramukhi Building (Basement), ) Nariman Point, Mumbai 400 0021. ) 2. Dr. Ajit B. Kerkar ) [Director and Authorized Signatory] ) of ABK Enterprises Pvt. Ltd. ) Chandramukhi Building (Basement), ) Nariman Point, Mumbai 400 0021. ) ACCUSED Charge U/s.138 r/w Sec.141 of the Negotiable Instruments Act, 1881. MAY IT PLEASE YOUR WORSHIP: The Complainant through Ajay Vageria, the authorized representative of the complainant company abovenamed, hereby states on solemn affirmation as under: Ex. A   1.     The Complainant states that it has duly authorized Ajay Vageria to file this complaint against the accused and that he is conversant with the facts of this case. He is aware of the day to day operations of the Complainant company including the transaction in question and therefore able and competent to depose to the same for and on behalf of the Complainant company. Hereto annexed and marked as  Exhibit A  is the copy of the board resolution authorizing him to file this complaint. 2.     The Complainant is a company incorporated under the Companies Act, 1956 having its corporate office at 18/20, K. Dubash Marg, Fort Mumbai 400 023 and having its registered office at 6 Mascarenhas Building, Mahatma Gandhi Road, Panaji, Goa 403 001 carrying on the business of Hotel and Restaurants. 3.     The Accused No. 1 is a Private Limited Company. The Accused No. 2 is a director of Accused No.1 company and is also the authorized signatory of the cheque in question issued on behalf of Accused No. 1.  Accused No. 2 is in charge of the company and is responsible for the day to day affairs of the said company. 4.     The Complainant states that under an MOU dated 26.4.2000 between Accused No.2, acting on behalf of Tulip Hotels Pvt. Ltd. (THPL) and Dr. Shailendra Mittal, wherein the Accused No. 2 had agreed that THPL will buy 50% of the equity capital of the Complainant by itself or through its nominees within 135 days of the Management of Bogmalo Beach Resort (hereinafter referred to as the said Hotel) being taken over by a Joint Venture consisting of THPL and Trade Wings equally. The Complainant states that the management of the said Hotel was handed over on 15.6.2006. Pursuant to the MOU a Shareholders Agreement dated 9th June 2000 was entered into between THPL , Trade Wings Ltd, the Complainant, Dr. Shailendra Mittal and Accused No. 2. Under the MOU the price of the equity shares of the Complainant was agreed to be in the range of 27 to 30 crores and THPL agreed to purchase 50% of the equity capital of the Complainant through itself or its nominees by 28.10.2000.  The Complainant craves leave to refer to and rely upon the said MOU and shareholders agreement as and when required by this Honble Court. 5.     The Complainant states that the Accused No.2 had issued a cheque on behalf of Accused No.1 to the Complainant for a sum of Rs.9,79,70,000/- (Rupees Nine Crores Seventy Nine Lakhs Seventy Thousand only) being the amount towards part payment of 50% of the equity capital of the Complainant as agreed under the MOU. The amount owing to the Complainant on the date of the said cheque was far in excess of Rs. 9,79,70,000/- (Rupees Nine Crores Seventy Nine Lakhs Seventy Thousand only) and though not germane to this complaint, the Accused made certain payments viz. Rs. 30,00,000/- (Rupees Thirty lakhs only) vide a pay order dated 3.11.2006 to Trade Wings Ltd. and Rs. 1,20,00,000/- (Rupees one crore twenty lakhs only) to the Complainant vide a cheque dated 4.11.2006. These payments do not in any way diminish the liability of the accused in respect of the cheque for Rs. 9,79,70,000/- (Rupees Nine Crores Seventy Nine Lakhs Seventy Thousand only) which is subject matter of this Complaint. The Accused No. 1 issued the cheque on behalf of THPL as a nominee of the said THPL and hence has assumed the liability of the said THPL. Ex. B 6.     The Complainant states that the Accused No.1 and 2 in part discharge of the liability under the MOU towards the Complainant had issued a cheque bearing No.184252 dated 1.11.2006 for Rs.9,79,70,000/- (Rupees Nine Crores Seventy Nine Lakhs Seventy Thousand only) drawn on Industrial Development Bank of India Ltd., Mittal Court, C Wing, Nariman Point, Mumbai 400 021 in favour of the Complainant.  Annexed hereto and marked as  Exhibit B  is the copy of the dishonoured cheque dated 1.11.2006. 7.     The Complainant states that the cheque was presented by the Complainant for encashment with the Complainants banker viz. the National Cooperative Bank Ltd., Nariman Point Branch, Mumbai on 31.10.2006 after banking hours so that it could be presented to the bankers of the Accused on 1.11.2006. Subsequently the Complainant received a faxed letter dated 30.10.2006 on 31.10.2006 from the Accused No.2 requesting the Complainant not to deposit the cheque due to delay caused by an inadvertent reason resulting in difficulty in arranging the funds. In fact the letter further goes on to state that they shall make efforts to pay a partial amount before the end of November 2006. The Complainant however was not obliged to comply with the requisition contained in the said letter as the same had been sent dishonestly to merely stall for time. On 1.11.2006 the said cheque was returned dishonoured by a cheque return memo dated 1.11.2006 of Industrial Development Bank of India Ltd. with the remark Refer to Drawer.  Annexed hereto and marked as  Exhibit C  and  C-1  are copies of the letter dated 30.10.2006 and the cheque return memo dated 1.11.2006 respectively.   Ex. C & C-1 8.     The Complainant received the intimation about the dishonour of the cheque from their banker on 1.11.2006. 9.     As the said cheque was dishonoured the Complainant issued the statutory notice dated 15.11.2006 through its advocates Dave & Girish & Co. to Accused Nos.1 and 2 calling upon them to make payment of the dishonoured cheque amounting to Rs.9,79,70,000/- within 15 days from the date of receipt of the said notice.  Annexed hereto and marked as  Exhibit D  is the copy of the statutory notice dated 15.11.2006.   Ex. D   10.    The Complainant states that the said notice was sent to the Accused Nos.1 and 2 by registered A/D post and Under Certificate of Posting on 15.11.2006.  Annexed hereto and marked as  Exhibit E collectively  are the copies of the postal receipts of Registered A/D post and Under Certificate of Posting. Ex. F    11.    The Accused Nos.1 and 2 received the notice dated 15.11.2006 on 16.11.2006. Annexed hereto and marked as  Exhibit F  are the postal acknowledgement receipts which were duly acknowledged by the Accused on 16.11.2006. Ex. G 12.    Although the Accused Nos.1 and 2 have received the notice dated 15.11.2006 they have failed to make the entire payment to the Complainant which the Accused is liable to make within 15 days from the date of receipt of the notice. The Accused No.1 addressed a letter dated 1.12.2006, with a post-dated cheque for Rs.7,29,70,000/- (Rupees seven crores twenty-nine lakhs and seventy thousand) enclosed, purportedly in reply to the Complainants notice dated 15.11.2006 in which it was falsely contended, inter alia, that the Complainants notice is premature, that the payment was in full settlement of the Accuseds liability towards the Complainant, that certain further payments were made to the Complainant in respect of the amount of the dishonoured cheque. The Complainant says and submits that the issuance of a fresh post-dated cheque for a reduced amount in no way constitutes compliance with the Complainants notice u/s 138 of the Negotiable Instruments Act, 1881 and also says and submits that the so-called defense taken by the Accused in their reply dated 1.12.2006 is false and irrelevant and is also a means to stall for time. Annexed hereto and marked as  Exhibit G  is a copy of the letter dated 1.12.2006 sent by the Accused No.1. The Complainant adds that though the said notice makes mention of a pay order of Rs. 1,00,00,000/- (Rupees one crore only) given to Mr. Om Navani and Mr. Ashok Advani, no copy of such pay order was enclosed in the said letter thus demonstrating the dishonesty of the Accused. In fact all the annexures mentioned in the letter are missing except the cheque dated 21.12.2006 bearing no. 184265 for Rs. 7,29,70,000/-. Ex. G 13.    The complainants cause of action arose on 1.12.2006 i.e. 15 days from the receipt of the notice dated 15.11.2006. 14.    The cheque was issued by the Accused in favour of the Complainant towards the part discharge of the liability of THPL towards the Complainant under the MOU and since the Accused No.2 is the authorized signatory of the cheque in question and is responsible for the day to day affairs of the business of Accused No.1 and hence is responsible for the said payment due to the Complainant.  The cheque was issued by Accused No. 2, on behalf of THPL, from the account maintained by the Accused No.1 with its banker for the payment of the amount to the Complainant in part discharge of the liability of THPL and since the cheque was dishonoured for the reasons stated hereinabove the Accused have committed an offence under section 138 read with section 141 of the Negotiable Instruments Act, 1881, as amended.  The Accused Nos.1 and 2 are thus liable to be prosecuted for the offence under section 138 read with section 141 of the Negotiable Instruments Act, 1881, as amended. 15.    The complaint has been filed within the period of limitation as prescribed under the Negotiable Instruments Act, 1881 as amended, i.e. within one month from the date on which the cause of action arose. 16.    The Complainant has appended a list witnesses that it proposes to examine to prove its case and also craves leave to refer to and rely upon the documents mentioned in the complaint. 17.    The Complainant states that the Complainants bank as well as the Accused No. 1s bank are situated within the jurisdiction of this Honorable Court and therefore this Honorable Court has jurisdiction to entertain, try and dispose of the above complaint.   In the circumstances aforesaid, the Accused above named are guilty of offences u/s. 138 r/w. 141 of the Negotiable Instruments Act and pray that they be dealt with according to law. For this Act of kindness, the Complainant in duty bound shall for ever pray. Solemnly affirmed at Mumbai on ) this 8th day of December, 2006 ) For Trade Wings Hotels Ltd. Before me Advocate for the Complainant MbsinghDAssociatesHemangiDr. S. Mittal 8 complaint Final.doc LIST OF WITNESSES 1.                       Mr. Ajay Vageria, the authorized representative of the Complainant. 2.                       Representative of the Complainant Banker, The National Cooperative Bank Ltd., Nariman Point, Mumbai. 3.                       Representative of the Accused Banker, The Industrial Development Bank of India, Nariman Point, Mumbai. 4.                       Dr. Shailendra Mittal, Director of the Complainant Company 5.                       Mr. Om Navani, Director Tulip Hotels Pvt. Ltd. 6.                       Any other witnesses/documents with the permission of this Honble Court. Advocate for the Complainant IN THE COURT OF LD. METROPOLITAN MAGISTRATES 23rd COURT AT ESPLANADE, MUMBAI CASE No. OF 2006 TRADE WINGS HOTELS LIMITED ) Having its Corporate Office at ) 18/20 Dubash Marg, Kalaghoda, ) Fort, Mumbai 400 023 ) Having its Registered Office at ) 6 Mascarenhas building, ) Mahatma Gandhi Road, ) Panaji, Goa 403 001 ) through Mr. Ajay Vageria ) its Authorised Representative ) COMPLAINANT V/s 1.ABK Enterprises Pvt. Ltd. ) Having its registered office at ) Chandramukhi Building (Basement), ) Nariman Point, Mumbai 400 0021. ) 2.Dr. Ajit B. Kerkar ) [Director and Authorized Signatory] ) of ABK Enterprises Pvt. Ltd. ) Chandramukhi Building (Basement), ) Nariman Point, Mumbai 400 0021. ) ACCUSED VAKALATNAMA I, Ajay Vageria, the authorized representative of the complainant abovenamed, do hereby appoint, nominate and authorize M/s. Haresh Jagtiani & Associates, Advocates to act, appear and plead on the Complainants behalf in the above matter. In witness whereof, I have signed this writing on this 8th day of December 2006. (Complainant)   ACCEPTED Haresh Jagtiani & Associates, Advocates 205, Neelkanth 98, Marine Drive Mumbai 400 002. N.B. We are not the members of an advocates welfare fund. IN THE COURT OF LD. METROPOLITAN MAGISTRATES 23rd COURT AT ESPLANADE, MUMBAI CASE No. OF 2006 TRADE WINGS HOTELS LIMITED COMPLAINANT V/s 1. ABK Enterprises Pvt. Ltd. 2. DR. AJIT B. KERKAR ACCUSED I N D E X Sr. No. Particulars   Download Word Document In English. (Rs.60/-)

Agreement for Appointment of a Broker for Selling a House This Agreement made at ......... on this ................. day of ......................, 2000, between A S/o. B resident of .................. hereinafter called "the owner" (which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include his heirs, legal representatives, executors and administrators) of the ONE PART and C S/o D resident of ........................... hereinafter called "the broker" (which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include his heirs, legal representatives, executors and administrators) of the OTHER PART. Where as the owner is the absolute owner of the property described in the Schedule hereunder written and he wants to sell the same and for that purpose he requires the services of a broker. and Whereas the broker, who is a reputed broker dealing in real estate in the area has shown his willingness to sell the said property. and Whereas the owner has agreed to appoint the broker for the sale of his property described in the Schedule hereto on the terms and conditions as hereinafter appearing. Now this Agreement Witnesses as Under: 1.     The owner authorises the broker to sell the property for a consideration of Rs.................. out of which the purchaser shall pay Rs ...................... in advance as earnest money and the balance of Rs ...................... shall be paid within a period of three months at the time of registration of the conveyance deed. 2.     The owner hereby represents and warrants that the details of the property as described in the Schedule hereunder written are true and the title of the owner to the said property is clear, marketable and free from encumbrances. 3.     The owner hereby undertakes that after the receipt of earnest money from the purchaser, he shall deliver the abstract of title showing that he is the owner of the property and the property is free from mortgage, lien, charge or any encumbrance. 4.     The owner hereby agrees that on receipt of entire consideration in respect of the property, he shall execute conveyance deed in favour of the purchaser. 5.     The broker hereby agrees that he shall be able to sell the property within a period of one month from the date of these presents. 6.     The owner shall pay to the broker the commission at the rate of 2% of the consideration, which shall be payable at the time of execution of the conveyance deed of the property. In the Witness Where of the parties have hereunto set their hands, the day, month and year first above written. Schedule of the above property Signed and delivered by A s/o B, the within named owner Signed and delivered by C s/o D, the within named broker WITNESSES; 1. Download Word Document In English. (Rs.20/-)

Agreement between a Company and Sole Selling Agents This Agreement made on this ………………….. day of …………………. BETWEEN Bande & Bande Ltd. (hereinafter referred to as the company ) having its registered office and factory at Mokamganj, Warle, Bombay , of the one part and Jai Jai & Sons (P.) Ltd., carrying on business at Chandni Chowk, Delhi ( hereinafter called the sole selling agents ) of the other part. Whereas 1.     The company is engaged in the manufacture of cotton and textiles polyester fibre yarn suitings and shirtings. 2.     The sole-selling agents are the whole-sale traders in suitings and shirtings and other textile goods in north India with headquarter at Delhi. 3.     The company in its general meeting held on……………has decided to appoint Jai Jai & Sons (P.) Ltd. as the sole-selling agents for northern India for whole-sale business of the company’s manufactured suitings and shirtings and the Central Government has also approved the appointment of the said sole-selling agents vide letter NO……………………..dated……………… 4.     It is agreed between the parties that the company shall appoint Jai Jai & Sons (P.)Ltd. as the sole selling agents for the suitings and shirtings manufactured by the company and the said Jai Jai & Sons (P.) Ltd, have agreed to act as the sole-selling agents for the company. Now this Agreement Witnesses as Follows : 1.     That the company appoints Jai Jai & Sons (P.) Ltd, Delhi as the sole-selling agents for the North India including the States of J. & K., Haryana, Punjab, Bihar, Rajasthan, Uttar Pradesh, Union territory of Chandigarh and Delhi for the suitings and shirtings manufactured by the company and the said sole-selling agents will have the exclusive right and authority to sell whether in cash or on credit and procure the orders for sale of the said product of the company in any manner in the territories mentioned above. 2.     The appointment of sole-selling agents shall take effect from 1 st day of………….198……………..and shall operate for a period of five years from the said date without prejudice to the right of reappointment but subject to the approval by the Company in general meeting and also subject to the approval by the Central Government as required under section 294 of the Companies Act, 1956, and Rule 2 of the Companies (Appointment of Sole Agents) Rule, 1975. 3.     The sole-selling agents shall have the right to operate in the entire territories of North India as mentioned above either directly or through their branch offices, associates or sub-agents for giving effect to this agreement. 4.     The sole-selling agents in consideration their selling and procuring orders for the sale of the company’s products shall be paid a commission at a rate not exceeding 30% but determinable by the mutual agreement of the parties at the commencement of every year on sales effected by them at agreed intervals of time on the amount actually collected by them in accordance with the incentive rates on the amount collected, agreed to, and described in the Schedule hereinafter annexed. 5.     The sole-selling agents hereby covenant:                i        That they will exclusively engage in the sale of the company’s products to the best of their efforts and shall not engage in the sale of similar or identical products of other manufactures.               ii        That they will protect preserve and maintain patents and trade mark of the company’s products sold by them in all possible manner at their own cost and will never allow others to use the same unauthorisedly.              iii        That they will keep and maintain the full and complete accounts of the sale of the company’s products, area-wise and region-wise and submit quarterly reports of sale, stock in hand, realisation of credit bills and any other information as may be desired by the company at any time or from time to time;              iv        That they will not create any obligation involving payments either in cash or king on behalf of the company and shall not assign the interest, rights and obligations arising out of these presents to any third party;               v        That they shall keep the company will informed of the demands of the company’s products arising in the territories of their operation from time to time. 6.     The company also hereby covenants as under :                       I.        That it shall provide the sole-selling agents complete catalogue, instruction books, circulars for promoting sales of its products and publish advertisements in local and regional newspapers for promoting sales of the company’s products.                      II.        That it shall execute orders placed by the sole-selling agents with all reasonable despatch                     III.        That it shall not entertain and execute direct orders from the territories assigned to the sole-selling agents and in case any orders are received by it the same shall be passed on to the sole-selling agents and they will be paid commission 20% on such orders. 7.     The parties hereto hereby agree as under :                       I.        That nothing contained herein shall prejudice the rights of the company to appoint another selling agents in any of the aforesaid States or to open its own retail shop in writing where it is found necessary to promote public distribution system or to execute any special programme of the Government of India. However, so the company shall obtain prior consent in writing of the sole-selling agents in that behalf.                      II.        That the retail price of the product shall always be determined by the company in consultation with the sole-selling agents.                     III.        That the agreement is renewable subject to mutual consent of the parties hereto on the expiry of five years.                    IV.        That the agreement may be terminated by either party on giving six months, notice in advance to the other party in writing but by registered post.                     V.        That any dispute arising between the parties hereto shall be referred to the sole arbitrator Shri……………….and the decision/award of such arbitrator shall be binding upon the parties hereto.                    VI.        That the Delhi courts will have the sole and exclusive jurisdiction of decide the issues in dispute between the parties hereto. in Witness Whereof, Etc. Schedule Referred to above. Download Word Document In English. (Rs.30/-)

Preliminary Agreement to Takeover Business AGREEMENT is made at... this... day of... between Mr. A carrying on business at.... hereinafter referred to as 'the Vendor' of the One Part and Mr. X, Mr. Y and Mr. Z all carrying on business at... hereinafter referred to as 'the Promoters' of the Other Part; WHEREAS - 1.     The Vendor is carrying on business as sole proprietor of manufacturing some products mentioned in the First Schedule hereunder written hereinafter referred to as 'the said products.' 2.     The Vendor is carrying on the manufacture of the said products at his factory premises at... and which premises consist of a plot of land with a factory shed and other incidental structures thereon and which are more particularly described in the Second Schedule hereunder written. 3.     A detail inventory of the machinery, tools, equipment and other articles and things in the said factory is given in the Third Schedule hereunder written. 4.     The Vendor has represented and hereby declares that the said factory premises, machinery etc. are mortgaged to the Bank of... to secure a term loan of Rs.... with interest at... per cent per annum but: except that there is no other encumbrance on the said property. 5.     The Vendor is handicapped with shortage of funds and knowing this the Promoters have approached the Vendor with a proposal that the Promoters will form and register a private company limited by shares under the Companies Act, 1956, and the Company will take over the said business of the Vendor together with all the assets belonging thereto on the following terms and conditions to which the Vendor has agreed. NOW IT IS AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS: 1.     The Promoters shall form and register a private company limited by shares under the Companies Act, 1956 and they will be the first subscribers to the Memorandum & Articles of Association of the Company. 2.     The name of the Company will be... being the name in which the Vendor is carrying on his said business, subject to the same being approved by the Registrar of Companies at... If the said name is not approved, such other name will be given to the Company as will be acceptable to the Vendor and approved by the Registrar of Companies. 3.     The authorised or nominal capital of the Company will be Rs.... divided into... equity shares of Rs. 100/- each. 4.     The draft of the Memorandum & Articles of Association of the said Company has been kept ready and approved by the parties hereto. The main object of the said Company will be to take over the said business of the Vendor as a going concern together with the assets mentioned in the Second and Third Schedule hereunder written but subject to the said mortgage created in favour of the said Bank of... and to carry on the business of manufacturing the said products. The incidental and other objects of the said Company will be as set out in the said draft Memorandum of Association. 5.     The said business of the Vendor together with the said assets and the goodwill thereof but subject to the said mortgage are valued at Rs.... Out of the said amount a sum of Rs.__ has been paid by the Promoters for and on behalf of and for the benefit of the said proposed company, to the Vendors, as earnest and out of the balance a sum of Rs.... will be paid to the Vendor in cash and the remaining amount of Rs.... will be paid and deemed to be paid by allotting equity shares of the face value of Rs.... each in the capital of the said Company. 6.     The Vendor will obtain the consent of the said Bank to the transfer of the said business with assets to the proposed company and to the company taking over the liability of the said mortgage on such terms as the Bank may stipulate. 7.     The costs of and incidental to the registration of the said Company will be initially spent by the Promoters and after registration of the Company, they will be reimbursed out of the funds of the Company. 8.     On the registration of the Company the Vendor shall transfer the said business together with the assets thereof described in the Second and Third Schedule hereunder written together with all stock-in trade, in consideration of the said sum of Rs.... to be paid to the Vendor partly in cash and partly by allotment of shares as aforesaid and he will execute all necessary documents of transfer as will be required under the legal advice of the lawyers to be appointed by the Promoters. The capital gains tax if any payable on the transfer of such assets will be paid by the Vendor and the Vendor will indemnify and keep indemnified the Promoters as well as the said Company against any such liability. 9.     All the expenses of and incidental to such documents of transfer including stamp duty and registration charges will be borne by the said Company. 10.  The Promoters and the Vendor will be the first directors of the said company and one of the promoters will be the Chairman of the Board of Directors. 11.  The Vendor will be in charge of the business of the Company and will make available to the Company all the know-how and technical expertise. The Vendor will be paid remuneration as may be decided by the Board but it will not be less than Rs.... per month. 12.  On the registration of the Company the Directors shall allot the said shares of the face value of Rs.... to the Vendor as aforesaid and shall also allot shares of the face value of Rs.... to each of the said Promoters and which will be payable in cash. 13.  On registration of the Company the Board of Directors constituted as aforesaid will adopt this agreement so as to be binding on the Company and the Company as well as the Promoters and the Vendor will also execute such document or documents in favour of the said Bank as may be necessary for taking over the said mortgage liability by the said Company. 14.  If the Bank for any reason refuses to give its consent to the transfer of the said business and the assets to the company, this agreement will be treated as cancelled. Such consent will be obtained by the Vendor before the registration of the Company. 15.  The Vendor agrees and undertakes that so long as he will be the share holder and director of the Company he will not start any similar business alone or in collaboration with any other person or make the know-how and technical expertise available to any other person. 16.  The Promoters and the Vendor as directors of the Company or any of them will not be liable to retire by rotation. Subject to this, they will be bound by the Articles of Association and the provisions of the Companies Act. 17.  Except as aforesaid, all liabilities outstanding on the date of transfer, in respect of the said business, if any, and the liabilities by way of income tax, sales tax and other taxes of the Vendor will be borne and paid by the Vendor and he shall hold the Promoters and the Company indemnified against the same. ∙         THE FIRST SCHEDULE ABOVE REFERRED TO: ∙         x x x x ∙         THE SECOND SCHEDULE ABOVE REFERRED TO: ∙         x x x x ∙         THE THIRD SCHEDULE ABOVE REFERRED TO: ∙         x x x x IN WITNESS WHEREOF the parties have put their hands the day and year first hereinabove written. Signed and delivered by the ) withinnamed Vendor Mr. B in ) the presence of... ) Signed and delivered by the ) withinnamed Promoters X, Y & ) Z in the presence of )   Download Word Document In English. (Rs.30/-)

SEBI'S Model Underwriting Agreement Download Word Document In English. (Rs.40/-) To, The Board of Directors..................Ltd ................................................. ................................................. Dear sir, Re: Forthcoming public issue of shares/debentures of Rs..... each for cash as part/premium aggregating to Rs...... (Public issue) 1.     We hereby record that we (hereinafter referred to as the underwriter) have agreed to underwrite/procure subscription to shares/debentures of Rs...... each for cash at par/premium aggregating to Rs..... (Rupees.... only) (hereinafter referred to as the underwriting obligation) for the captioned public issue by.... Ltd. (hereinafter referred to as "the Company" on the following terms and conditions. 2.     Opening of the subscription list: The subscription list for the public issue shall open not later than three months from the date of this agreement or such extended period(s) as the underwriter may agree to in writing. The subscription list shall, unless the issue is fully subscribed, be kept open by the company for a maximum period of 10 calendar days failing which the underwriter shall not be bound to discharge the underwriting obligations under this agreement. 3.     To make available final copy of the prospectus: The company shall before delivering to the Registrar of Companies (hereinafter referred to as "ROC") make available to the underwriter a copy of the prospectus, which shall be as modified in the light of the observations made by SEBI while issuing the acknowledgment card. The underwriter shall before executing this agreement satisfy himself with the terms of the issue and other information and disclosures contained therein. 4.     Delivery of prospectus to the Registrar of Companies: The prospectus in respect of the public issue shall be delivered by the company to the ROC for registration in accordance with the provisions of the Companies Act, 1956 not later that 30 days from the date of this Agreement or such extended period(s) as the under writer may approve in writing, the time being the essence of this Agreement. 5.     Material disclosures after filing of prospectus: The company agrees that, if after filing of the prospectus with the ROC any additional disclosures are required to be made in the interest of the investors in regard to any matter relevant to the issue, the company shall with such requirements as may be stipulated by SEBI or the lead manager and compliance of such requirements shall be binding on the underwriter; provided that such disclosures shall not give a right to the underwriter to avoid underwriting obligations unless such subsequent disclosures are certified by SEBI as being material in nature and essential for the contract of underwriting; the question whether or not such subsequent disclosures are material in nature, the decision of SEBI shall be final and binding on both the parties. 6.     Making available copies of prospectus and application form, etc. The company shall make available to the underwriter a minimum of...... (No. of application forms forming part of abridged prospectus) and....... (number of copies of the prospectus) for every lakh of ruppes of underwriting accepted by the underwriter. If the underwriter desires to have more application forms and prospectus than specified he must state his requirements which would then be considered as condition for acceptance of this underwriting Agreement. Thereafter, it is responsibility of the company to deliver to the underwriter the accepted quantity of application forms and prospectus as soon as the prospectus is filed with the ROC but in any case not later than 21 days prior to the date of opening of the public issue, proof of which, should be retained by the company. 7.     Warranty as to statutory and other approvals. The company warrants that all consents, sanctions, clearances, approvals, permissions, licences, etc., in connection with the public issue as detailed in the prospectus or required for completing the prospectus have been obtained or will be obtained and the same shall remain effective and in force until the allotment of all the shares/debentures are completed. 8.     Sub-underwriting arrangements: The underwriter shall be entitled to arrange for sub-underwriting of its underwriting obligation on his own account with any person or persons on terms to be agreed upon between them. Notwithstanding such arrangement, the underwriter shall be primarily responsible for sub-underwriting and any failure or default on the part of the sub-underwriters to discharge their respective sub-underwriting obligations, shall not exempt or discharge the underwriter of his underwriting obligation under this agreement. 9.     Treatment of applications made with underwriters/sub-underwriters stamp for the purpose of allotment. The application bearing the stamp of the underwriter or as the case may be the sub-underwriter whether made on their own behalf or otherwise shall be treated in the same manner as the applications received directly from the members of the public and, in the event of the issue being oversubscribed, such applications shall be treated on par with those received from the public and under no circumstances, the applications bearing the stamp of the underwriter or the sub-underwriter shall be given any preference or priority in the matter of allotment of shares/debentures. 10.  Computation of underwriter's obligation: 1.     If the issue is undersubscribed, the underwriting obligation, shall be determined in the manner set out hereunder; provided that under no circumstances, the underwriter's obligation to subscribe/procure subscription to shares/ debentures shall exceed the amount mentioned in clause 1 above. 2.     The following applications for shares/debentures shall be treated pro tanto in or towards satisfaction of the underwriter's obligations under this Agreement, namely - a.     applications which have been accepted excluding those withdrawn before allotment; and b.    applications received from the underwriter or any of his sub-underwriters including those applications which bear the stamp of the underwriter or any of the sub-underwriters, 3.     After making adjustments as provided in sub-clause (2) above the underwriting obligation of the underwriter and other underwriters shall be, subject to following further adjustments. a.     The application received from the public independently i.e. those applications not covered under sub-clause (2) above shall be apportioned amongst all the underwriters. Where underwriting obligations have not. been fully satisfied after adjustments under sub-clause (2) above in proportion to their respective underwriting obligations and to that extent their respective underwriting obligation shall stand reduced. b.    If, after the adjustments made under sub-clauses (2) and (3)(a) above, it is found that the shares/debentures available for adjustment are in excess of the shares/debentures required to be subscribed in fulfillment of the underwriting obligations of one or more individual underwriters, then such excess amount required to meet the underwriting obligations of any underwriter shall be further apportioned amongst such other underwriters, whose underwriting obligations have not been fully discharged, in proportion to their respective underwriting obligations. 11.  Procedure for effecting/discharge of underwriting obligations: The underwriting obligations as determined under clause 10 shall be discharged in the manner mentioned below: a.     the company shall within 30 days after the date of closure of subscription list communicate in writing to the underwriter, the total number of shares/debentures remaining unsubscribed, the number of shares/debentures required to be taken up by the underwriter or subscription to be procured therefor by the underwriter. b.    (b)the company shall make available to the underwriter, the manner of computation of underwriting obligation and also furnish a certificate in support of such computation from the company's auditors. c.     the underwriter on being satisfied about the extent of devolvement of the underwriting obligation, shall immediately and in any case not later than 30 days after receipt of the communication under sub-clause (a) above, make or procure the applications to subscribe to the shares/debentures and submit the same together with the application moneys to the company. d.    in the event of failure of the underwriter to make the application to subscribe to the shares as required under clause (c) above, the company shall be free to make arrangements(s) with one or more persons to subscribe to such shares without prejudice to the rights of the company to take such measures and proceedings as may be available to it against the underwriter including the right to claim damages for any loss suffered by the company by reason of failure on the part of the underwriter to subscribe to the shares as aforesaid. Note - The Company is free to quantify the damages being a multiple of the value of the shares/debentures not subscribed by the underwriter. 12.  Right to receive underwriting commission/brokerage. Subject to the underwriter fulfilling his underrating obligations, he shall be entitled to receive commission in respect of the underwriting obligation undertaken by him and brokerage in respect of the shares/debentures procured by him at the rates set out in clause 13 hereunder. The underwriting commission shall be payable only if his underwriting commitment is fully subscribed. 13.  Underwriting commission: (1) In consideration of the underwriter agreeing to underwrite the shares/debentures as mentioned in clause 1 above, the company shall pay to the underwriter a commission at the following rates; Note: 1.     The rates as mutually negotiated between the company and the underwriter may be inserted. Needless to say that the rates so agreed upon shall be subject to the provisions of section 76 of the Companies Act, 1956. 2.     (2) The underwriting commission shall be payable by the company within 15 days from the date of finalisation of allotment and proof of such payment within the specified time should be available with the company. The obligation to pay underwriting commission shall arise only upon the underwriter fulfilling his underwriting obligation and duly subscribing to the shares/debentures, if any devolved on him. 14.  Obligations of the company 1.     The company shall immediately after the closure of the subscription list, take expeditious steps for processing the applications and complete the allotment within the time limit prescribed under the Companies Act, 1956 and also comply with other listing requirements. 2.     If the company fails to receive 90% of the issue amount including the amount received from the underwriters towards devolvement, within 60 days from the date of closure of subscription list, the company shall refund the amount paid by the underwriter in fulfilment of his underwriting obligations. The obligation to refund the moneys shall be without prejudice to the disputes if any in regard to the underwriting obligation to the underwriter. 15.  Time is the essence of the agreement: All obligations of the company and the underwriter, are subject to the condition that time wherever stipulated, shall be of the essence of the agreement. Consequently any failure on the part of the company or the underwriter to adhere to the time limits shall unless otherwise agreed to between the company and the underwriter, discharge the underwriter or company of his/their obligations under the underwriting agreement. 16.  Right of termination under special circumstances. Notwithstanding anything contained herein, the underwriter shall have the option to be exercised by him at any time prior to the opening of the issue as notified in the prospectus of terminating this agreement under any or all of the following circumstances -                       i.                if any representations/statements made by the company to the underwriter and/or in the application forms, negotiations, correspondence, the prospectus or in this letter are or are found to be incorrect;                      ii.                a complete breakdown or dislocation of business in the major financial markets, affecting the cities of Calcutta, Bombay, Madras or New Delhi;                     iii.                declaration of war or occurrence of insurrection, civil commotion or any other serious or sustained financial, political or industrial emergency or disturbance affecting the major financial markets of Calcutta, Bombay, Madras or New Delhi. 17.  Notice of termination to the company: Notwithstanding anything contained in clause 16 above, in the event of the company failing to perform all or any of the covenants within time limits specified wherever applicable under this letter of underwriting, the underwriter shall inform the company with adequate documentary evidence of the breach/non-performance by Registered post/Speed post and acknowledgment obtained therefore, whereupon the underwriter shall be released from all or any of the obligations required to be performed by him. 18.  Net worth of the underwriter. The underwriter, hereby declares that he satisfies the net worth/capital adequacy requirements specified under the SEBI (Underwrites) Rules and Regulations, 1993 or the bye-laws of the stock exchange of which the underwriter is a member and that he is competent to undertake the underwriting obligations mentioned in clause 1 hereinabove. 19.  Registration with the SEBI: The underwriter hereby declares that SEBI has granted to him a certificate of registration to act as an underwriter in accordance with the SEBI (Underwriters) Rules and Regulations, 1993 or, he has applied for registration to SEBI within the time stipulated under sub-section (1) of section 12 of the Securities and Exchange Board of India Act, 1992 and is entitled to carry on the business as an underwriter under the SEBI Act. 20.  Reference to arbitration - Any dispute arising out of this agreement between the underwriter and the company shall be referred to the Arbitration Committee constituted by the Regional Stock Exchange in which the shares/debentures are to be listed and the decision of the Arbitration Committee shall be final and binding on both the parties. Yours faithfully. for.......... (Signature of the underwriter) We, the company.................. Ltd. the above named do hereby accept your offer for undewriting on the above mentioned terms and conditions. Authorised Signatory............... For............... Ltd. Designation.............. Authorised by a resolution passed at the meeting of the Board of Directors held on the....... day of.............. 19.....

Agreement for Building Where Owner Supplies Plot and All Materials An Agreement made on the ………..day of …………….BETWEEN AB, etc. (hereinafter called the “owner”) of the part and CD, etc, (hereinafter called the “contractor”) of the second part. WHEREAS the owner owns a plot of land measuring ……… meters situate at …. And more particularly described in the plan attached. and Whereas the owner is desirous of erecting a building on the said plot. and Whereas the plans, drawings, designs and elevations of the said intended building and specifications of the works to be done and of the materials to be provided in and for the erection of the same as prepared by the architect have been approved by the parties. and Whereas the contractor is willing to execute the said works for the sum of Rs…… and Whereas the materials to be used for the building will be supplied by the owner himself and the contractor will supply labour as well as the building tools and other accessories necessary for the completion of the said building. Now the Parties Hereto hereby Mutually agree as Follows : 1.     The contractor will clear and prepare the site for and will erect and complete the building in conformity with the plans, drawings, designs and elevations with the materials supplied by the owner in a thorough and work-manlike manner. 2.     Subject to the conditions hereinafter appearing, the owner will pay to the contractor a sum of Rs……. within six months after the contractor has completed the works in accordance with the terms of this agreement and handed over the same to the owner. 3.     The contractor will finish and complete the said building on or before the ….. day of ….. and if the said building shall not be completed on or before the said date, the contractor shall forfeit, out of the moneys which shall be due to him by virtue of this agreement, the sum of Rs….. for every days which shall elapse after the …… day of …… until the said building shall be completed : Provided if the contractor is prevented by any strike among the workmen or by reason of any event beyond his control, the owner may extend time for the completion of the work for such reasonable period as he may think fit under CI. (10). 4.     The contractor will do and perform all works incidental to the proper execution and completion of the building including all works rendered necessary in consequence of the doing of the works and will supply labour necessary for the same and no additional payment will be made for the same. 5.     The contractor will permit the owner to have access to the works while the same are under construction and to inspect the same. 6.     The contractor will not vary or deviate from the said plans and specifications without having first obtained the permission in writing of the owner. 7.     The contractor will, if so required by order in writing signed by the owner, alter the design or size of the works and the materials to be used in constructing the same, provided that he shall not be bound to do so unless the sum to be paid for any extras or to be allowed for any omission has been first fixed by agreement between him and the owner and, in default of agreement, the sum to be so paid or allowed shall be settled by ……………… 8.     The contractor shall make good any defects, shrinkage or other faults that may appear in the works within six months after their completion. 9.     While the works are in course of construction and until the owner takes over the same, they and all materials or plants used or to be used in constructing the same shall remain at the contractor’s risk and he shall not be entitled to any compensation for injury, to or loss or destruction of, such works or materials arising from any cause whatever. 10.  If the contractor requires any extension of time for completing the works he must apply to the owner within seven days from the date of the occurrence of the event on account of which he desires such extension; and the owner may, if he thinks such request reasonable, grant such extension of time as he may think necessary. 11.  If the owner is at any time dissatisfied with the progress of the work or with the quality of materials used or of the workmanship he may apply to ……. To depute an Engineer to inspect the works, and if such officer certifies in writing that the rate of progress or the materials used or the workmanship or any or all of them is or are unsatisfactory or not in accordance with this agreement, the owner may then enter upon the site of the works and may employ another builder to complete the same and may pay such builder the cost of such completion out of the sum payable to the contractor under this agreement or the balance of such sum if advances have been made to the contractor, and, if such cost is more than such sum of balance, then the contractor will pay the excess to the owner. 12.  Unless the terms are extended under clause (10) hereof, the contractor will complete a portion of the works of the value of not less than Rs….. on or before the …. And will complete the whole work and will remove from the site of the works all plant, scaffolding, unused materials and rubbish and will leave the works and site clean on or before……. 13.  If the contractor fails to comply with the provision of CI. (12) on or before the dates mentioned therein or within such extended time as be permitted in accordance with CI. (13) hereof, he will pay to the owner as liquidated damages a sum of Rs……………for every day’s delay, and the owner may deduct such sum or sums from any money due to the contractor under these presents or may recover it otherwise. 14.  At the end of each calendar month commencing from the date when the contractor commences work the owner will pay the contractor a sum equal to 80 per cent of the value as estimated by the parties or in case of disagreement between the parties by…………… of the work executed by the contractor during the month and the owner will make final payment to the contractor at the end of six months from the date when the works are completed. 15.  If at any time during the progress of the works or after completion or the alleged completion thereof and at any time during the continuance of this agreement any dispute or differences arise between the parties hereto in relation to or in connection with this agreement, the same shall be referred to the arbitration of Sri…………….as the sole arbitrator or to two arbitrators one to be appointed by each party and provisions or the Indian Arbitration Act, 1940, shall apply . The decision so given shall be final and binding upon the parties. 16.  The contractor will indemnify the owner from all claims for injury caused to any person, whether a workman or not, while in or upon the works or the site of the same the said owner shall not be bound to defend any claim brought under the Workman’s Compensation Act unless the contractor first deposits with the owner might incur by reason of defending any such claim. in Witness Whereof the parties hereto have signed this agreement on the day and year first written above. …………………… ………………….. (Contractor) (Owner) Download Word Document In English. (Rs.30/-)

Appointment Letter of a Probationer  ................... ...................                                                                                                                                                 Date................. To, Shri ........................... ................................ Dear Sir,                 With reference to your application dated ...................... for the captioned post and subsequent test and interview, we are pleased to advise you that you have been selected as a probationer for a period of two years in the    ............. department of the company on the following terms and conditions: 1.          Date of appointment You will be appointed as a probationer with effect from ................ 2.          Probation period The probation period will be one year. However, the said period can be extended at the discretion of the company for a further period of ..................... years. 3.          Salary during probation During the probation period, you will be entitled to fixed salary of Rs. .................. per month. 4.          Appointment after expiry of probation period, in case found suitable If after the expiry of probation period, you are found suitable by the company, you will be confirmed in your appointment on a salary of Rs. ...................... in the scale of ......................... plus other admissible allowances and contributory provident fund. If you are not found suitable for the job, your appointment will be terminated at the discretion of the company and in case of such termination you will have no right or claim against the company. 5.          Standing orders You shall abide by the terms and conditions of the standing orders and the rules of the company as in force from time to time. 6.          To obey orders and directions of the Manager You shall obey the orders, directions of the Manager and other officers of the company.   In case you are agreeable to the above please confirm and sign duplicate copy of this letter as a token of your acceptance.                                                                                                                                                Yours faithfully,                                                                                                                                                 Manager I agree and accept the above terms/conditions. Signature of the Probationer. Download Word Document In English. (Rs.15/-)

Agreement between a Company and an Advertising Agency ADVERTISING AGREEMENT THIS AGREEMENT executed on this……………..day of 20... at ………….between: M/s. …….. Manufactures Ltd., a company incorporated under Companies Act, 1956 and having its registered office at…………….. here in after referred to as "the Company" through its Director Mr. ……………. (Which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include its successors and assigns) of the FIRST PART and M/s. XY Advertising Agency, a partnership firm registered under the Partnership Act, 1932 and having its registered office at ........ here in after referred to as "the Agency" through its Partner Mr. ………… (which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include every partner for the time being of the said firm, the survivor or survivors or the legal representatives, executors or administrators of the last survivor) of the OTHER PART. WHEREAS the company is manufacturer of various plastic and fiber products like Office Stationeries, Furniture, kitchen utensils, electronic gadget cabinets etc. hereinafter referred to as "the said products" and desirous to engage the services of an advertising agency for the purpose of advertisement of their products in India and abroad. AND WHEREAS the Agency has agreed to act as advertising agents for the company on the terms and conditions hereinafter mentioned. NOW IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: 1.     The company appoints the Agency to advertise the said products in the newspapers, magazines, journals, cinema slides, video magazines, radio, television or public hoardings as may be determined by the parties. 2.     The Agency shall submit the estimate of cost and method and period of the advertisement to the company and after the said estimate and methods of advertisements is approved by the company in writing, the advertisements will be released to the concerned newspapers, magazines, television centre, etc. 3.     The Agency shall be responsible for preparing all the material for advertising, publicity including art work, photography, cinematography, documentary films, drawing, engraving, advertising writing, preparation of video films for T.V. advertisements and video magazines and if the said works are got done by the Agency at its own office with the help of its employees, the company shall pay for the same at the market rates and settled between the parties. If the said works are got done through outside agencies, the company shall pay all expenses incurred by the Agency for getting the work done through outside agencies. 4.     The company shall pay to the Agency . ……………..per cent above the cost and other expenses incurred by the Agency in this behalf as its commission. 5.     The Agency will be responsible for advertising the said products in India and other countries of the world, wherever the said products are exported or the company proposes to export its products. 6.     Whenever the company manufactures any new product and launches the same in the market for sale, the Agency shall undertake special advertisement campaign for the said new product in consultation with the company. 7.     The Agency will not act as Advertisement Agent of any company/person, who is manufacturing similar products and who are competitors of the company. 8.     The Agency shall observe the laws applicable and the rules or code of conduct of advertisers associations, association of newspapers or rules prescribed by television and radio. 9.     The Agency shall submit a weekly report to the company showing in detail the advertisements given regarding each of the said products separately and showing the dates, the timing or appearance of the advertisements, the names of newspapers/channel of TV given during the previous week. The report shall also accompany the cutting of newspapers/journals/magazines/clippings of T.V. Programme published/broadcast of the products. 10.  The Agency will not infringe any copyright of any person/company while displaying or publishing any advertisement of the company. 11.  The Agency shall indemnify and keep indemnified the company against any loss, claims, demands, actions, proceedings, damages, costs, charges and expenses which may be made or brought or commenced against the company for any act contrary to the provisions of this Agreement or due to or resulting from the breach of any agreement between the Agency and any newspaper/T.V. or any other person relating to the advertisement of the products of the company. 12.  The company shall indemnify and keep indemnified the Agency against any loss, claims, demands, actions, proceedings, losses, damages, costs, charges and expenses which may be made or brought or commenced against the Agency for the publication of any advertisement of the company, which has been prepared on the basis of the material furnished by the company. 13.  The company's budget for advertisement is Rs . ……………..crores per year, and the company agrees and undertakes that it shall get the advertising of its products done through the Agency. 14.  14. This agreement shall be for a period of one year from the date of these presents. However, any party may terminate this agreement before the period of one year by giving two months notice in advance to the other party. In case the Agency commits a breach of any covenant herein contained, the company is entitled to terminate the agreement by giving one week's notice. 15.  On the termination of the agreement, all the advertisement material in the possession of the Agency will be returned to the company forthwith and will not be used by the Agency for any other purpose or persons. 16.  The Agency shall submit bill to the company every month for the expenses incurred by it in advertising and the company shall pay the bill within a period of 10 days of the submission of the bill there for. The commission payable to the Agency shall be payable on the gross value of the work done or undertaken on behalf of the company and shall be paid along with the payment of bill of cost and expenses submitted by the Agency. 17.  The Agency shall also charge service tax on their bills at the rates applicable from time to time. 18.  The Agency shall advise the company of the most up to date, decent and profitable mode of advertisements at moderate 19.  The company shall Endeavour to keep the agency with sufficient funds to pay the expected charges for advertisement. 20.  All disputes between the parties hereto arising out of this Agreement or in relation thereto or regarding the interpretation of this Agreement, shall be referred to an arbitrator appointed by the Indian Council of Arbitration, New Delhi and the provisions of the Indian Arbitration and Conciliation Act, 1996 or any statutory modification thereof shall be applicable to such reference. IN WITNESS WHEREOF the parties hereto have signed this Agreement on the day and year first above written. WITNESSES 1 The Company For ………………… Ltd. (………………………) Director 2. The Agency For …………………. Agency (………………………) Partner Download Word Document In English. (Rs.30/-)

Appointment of Distributor for a District THIS AGREEMENT made at .......... on this ......... day of ......... 2000, between M/s ............ a partnership firm having its principal office at ......... (hereinafter referred to as "the principals", which expression shall unless repugnant to the context, be deemed to include the partners for the time being and from time to time constituting the said partnership firm, the survivor of them, the legal representatives, heirs, executors and administrators of such last survivor) of the ONE PART and M/s .......... proprietor Shri ....…………….. (here in after called "the distributor" which expression shall unless repugnant to the context, be deemed to include his heirs, administrators, executors, legal representatives, successors and assigns) of the OTHER PART. WHEREAS the Principals are the sole selling agents of ......... Ltd., for the whole of India and under the Agreement dated ........ executed between ......... Ltd. and the Principals, the Principals are entitled to appoint agents, distributors for marketing the products of ......... Ltd., hereinafter referred to as the company. WHEREAS the distributor of M/s. .................. has got a big showroom at ...... and has requested the Principals to appoint it as its distributor for marketing the company's products. WHEREAS the Principals have agreed to appoint M/s .......... as their distributor to sell the products of the company. Now It Is here by Agreed between the Parties as Under: 1.     The Principals appoint M/s.......... as the sole agent for the district of Agra for the purpose of promotion and sale of the company's products for a period of two years from the date hereof on the terms and conditions set forth hereunder. 2.     The distributor shall work conscientiously and in a business like manner for the promotion and sale of the products of the company. 3.     The distributor shall fix the retail price in consultation with the Principals from time to time and make the sale of the company's products against cash memos. 4.     The distributor shall maintain fifteen days stock of company's to products for sale at his own cost and shall not pledge the stock to bankers or other creditors without obtaining the prior consent from the Principals in writing. The Principals may grant consent for the pledge of the stock subject to terms and conditions and the distributor shall abide by such terms and conditions and bring the same to the notice of the bankers or creditors. 5.     The distributor shall not sell the goods directly or indirectly outside the agency district. The distributor while selling the company's products to persons in trade shall obtain undertaking in writing that the company's products shall not be re-sold outside the district agency and the said products shall not be re-sold to the public below the fixed retail price. 6.     The distributor shall be responsible for the rent and other expenses of the showroom and godown occupied by him for the purpose of agency business. He shall at his own expense keep insured the company's products for full value against all risks. The Principals may inspect the receipts for the rent, rates and taxes of the showroom and godown and for the premium of insurance policies. The Principals will not be liable or responsible for the expenses relating to or incidental to the said agency. 7.     The distributor shall make all sales on cash basis and shall keep record of all sales and shall remit the sum received by him to the Principals on each Saturday. The distributor may deduct the commission at the rate of .......... per cent, while remitting the sale proceeds. The distributor shall send weekly reports of the sales, net realisation, stock in hand, etc. to the Principals. 8.     The distributor shall be entitled to ......... per cent commission on the sale price of the products realised on the basis of accounts maintained by him. 9.     The products supplied by the Principals shall be the property of the Principals and they will be entitled to take possession of the said products at any time. The distributor shall maintain record of stock received by him, goods sold by him and the goods in stock in godown and showroom. The Principals have the right without prior notice to cause a stock checking of the company products supplied by them and if any shortage or deficiency is found on such. stock-checking, the distributor shall pay to the Principals the list price of such shortage or deficiency less the deduction by way of commission. 10.  The Principals will not sell the company's products to any person in the agency territory and will redirect all inquiries or orders for Principals products received by them from persons resident in agency district to the distributor. The distributor shall also refer to the Principals all enquiries or orders for the Principals products from the persons resident outside agency district and enquiries or orders from persons resident in the agency district for the purpose of re-sale outside the agency district. The distributor shall not be entitled to any commission on the sale resulting from such enquiries or orders. 11.  The rights under this agreement shall not be assigned or transferred to any other person, except with the prior permission of the Principals in writing. 12.  In the event of any dispute arising between the distributor and any customer regarding the purchase of company's products, the distributor shall inform the Principals immediately, who will advise the distributor the appropriate action which has to be taken by him in the matter. 13.  The distributor guarantees a minimum sale of the value of Rs. .......... per year. In case, the sale fails short by 25% or more for consecutive two years, the Principals may terminate this agreement. 14.  Any of the parties may terminate this agreement by serving a notice of three months to the other party. The accounts between the parties will be settled and adjusted finally within the aforesaid period of three months. 15.  In the expiry or earlier determination of this agreement, the distributor shall forthwith deliver to the Principals all the unsold stock of goods, all books of account and other documents of agency to the principals and shall pay to the principals for the shortage or deficiency of stocks at list prices less commission allowed to the distributor. 16.  In case any dispute arises between the parties out of or in connection with the agreement, the same shall be referred to the sole arbitration of an arbitrator, who may be appointed by the parties by mutual agreement. The proceedings held by the arbitrator in making the award will be in accordance with the provisions of Indian Arbitration and Conciliation Act, 1996 or any statutory modification thereof. The award of the arbitrator shall be final and binding on the parties. 17.  This agreement shall be executed in duplicate. The original it shall be retained by the Principals and the duplicate by the distributor. IN WITNESS WHEREOF the parties hereto have set their respective hands to these presents and the duplicate hereof on the date, month and year hereinabove written. Signed and delivered by  M/s..…………........ the within named Principals by their partners Signed and delivered by ……………………the within named Distributor by their proprietor Shri .......... WITNESSES; 1. 2. Download Word Document In English. (Rs.20/-)