DPC Part 2
DPC Part 2
Name: Yashaswini H
PRN: 19010125476
Div: E
Batch: 2019-2024
ASSIGNMENT XVI
Public Notice
This is to bring to your notice that vendors Mr. Ramesh and Mr. Naresh are intending to sell
and our client Mr. Anand of Mumbai is intending to purchase the property more particularly
described in the schedule as under free from encumbrances. Any person having any claim or
right in respect of the said property by way of inheritance, share, purchase, mortgage, lien,
inheritance, possession, hypothecation, tenancy, transfer of title or any other beneficial
interest under any trust right of prescription or under any agreement or any decree or award
otherwise claiming, howsoever are hereby requested to make the same known in writing
together with supporting documents to the undersigned at their office at A101, Rohan Mithila
Viman Nagar, within 14 days of the date of publication of the notice and failure of which will
lead to the completion of the transaction without the mention of the claim and if any claim
then the claim is considered to be waived/Abandoned and is not enforceable against our
client.
District- Pune
State- Maharashtra
Boundaries-
Power of Attorney
TO ALL TO WHOM THESE PRESENTS SHALL COME: I, Manish Shah of No. 272,
Shankar Nagar, Ahmedabad, Gujarat - 110058, Indian Inhabitant, SEND GREETINGS:
WHEREAS
1. To handle all affairs with regard to the court proceedings in the matter of the disputed joint
property such as to sign, declare and verify plaints, statement of claims, written statements,
defences, counter-claims, affidavits, vakalatnamas and writings of every description as may
be necessary to be signed, verified and executed for the purpose of the Suit.
2. To appoint and engage Advocates, Solicitors, Counsel in the Suit and to agree to pay and
pay their fees and cost.
3. To do all necessary acts, deeds, steps etc. to properly prosecute and/or defend (as the case
may be) the Suit including giving of evidence on my behalf.
4. To apply for inspection and inspect documents and records, to obtain copies of documents
and papers.
5. To compromise the Suit in such manner as the said attorney shall think fit.
6. To do generally all other acts and things for the conduct of the said suit as I could have
done the same if I were personally present.
7. And I do hereby declare that the powers and authorities and discretion hereby conferred
upon the Attorney shall be available for exercise by him both during my absence as also at
the same time and place along with myself.
AND I DO HEREBY for myself, my heirs, executors and administrators agree to ratify and
confirm all and whatsoever my said Attorney shall or purport to do or cause to be done by
virtue of these presents.
IN WITNESS WHEREOF I have hereunto set my hand at this twentieth day of September
2023.
……………
1) Mr. ABC
2) Ms. XYZ
Identified by me Before me
(Advocate) (Notary)
Accepted by me
(Attorney)
ASSIGNMENT XVIII
THIS POWER OF ATTORNEY is made on this 20th day of September, 2023, by (1) Mr.
Aditya, a share broker and (2) Smt. Radhika, a doctor, both residing in M-22, Galaxy
Apartments, Bandra, Mumbai- 501102.
WHEREAS by this Power of Attorney, we do hereby nominate, constitute, and appoint Mr.
Dhanesh, who is a software engineer by profession, residing in RH- 1, Rohan Mithila, Viman
Nagar, Pune – 411014 as our Constituted Attorney to do the following acts, deeds, and things:
1. To pay the bills and any other charges due on the property (hereinafter referred to as “the
said property”), fully described in the Schedule written hereunder.
2. To obtain the No-Objection Certificate from the Society in order to make a legal sale of the
property.
3. To appoint, engage on our behalf Advocates or Solicitors whenever our said Attorney shall
think proper to do so and to discharge and/or terminate their appointments.
4. To execute a sale deed with respect to the said property to any purchaser or purchasers at
such a price which my said Attorney in his absolute discretion thinks proper, to agree upon
and to enter into any agreement or agreements for such sale or sales and/or to cancel or
repudiate the same and to negotiate the terms for the same.
5. To receive from the purchaser or purchasers any earnest money and also the balance of the
purchase money or consideration and to give a good valid receipt and discharge for the same.
6. Upon such receipt as aforesaid in our names and as our acts and deeds, to sign and execute
any conveyance or conveyances of the said property in favour of the purchaser or purchasers
or his/their nominee or assignee.
7. To sign and execute all other deeds, instruments, and assurances which he shall consider
necessary and to enter into such covenants as our said Attorney may consider necessary for
fully and effectually conveying the said property as we could do ourselves if present.
8. To present any such conveyance or conveyances for registration, to admit execution and
receipt of consideration before the Sub-Registrar/District Registrar or Registrar having
authority for conveying the said property to the said purchaser or purchasers as fully and
effectually in all respects as we could do the same.
9. And we do hereby agree to ratify, confirm all and whatever other act or acts our said
Attorney shall lawfully do, execute or perform or cause to be done, executed or performed in
connection with the sale of the said property under and by virtue of these presents and all
acts, deeds, and things lawfully and bona fide done by our said Attorney shall be construed as
acts, deeds, and things done by us to all intents and purposes as if we were personally present
notwithstanding the fact that no special power in that behalf is contained in these presents.
ALL THAT the piece or parcel of land hereditaments and premises measuring more or less X
square feet with the existing building and structure comprised in Plot. 2/11, 2nd cross Road,
Baner, Pune and delineated in the Map or Plan annexed hereto and bordered therein red and
butted and bounded in the manner following, that is to say:
IN WITNESS WHEREOF, we have hereunto set and subscribed our respective hands and
seals this the 20th day of 2023.
WITNESSES:
_______________________________ _______________________________
M.J NO 23 OF 2015
Mrs. XY,
VERSUS
Mr. X
1) That the petitioner Mr. X, is a civil road contractor of Pune and Mrs. XY, a B. Com
graduate from St. Xavier’s, Mumbai.
2) That Mr. X of 28 years and Mrs. XY of 22 years got married on 1 January, 2010 in Pune as
per the Hindu rituals.
3) That in April 2011, Mrs XY got selected for the post of bank clerk in the bank located at
Pune.
4) That Mr. X and his parents saw Mrs. XY many times with her male peers working in the
same branch escorting her to the bus stop
5) That Mr. X and his parents started heating up Mrs. XY and harassing her on the suspicion
of her character.
6) That Mrs. XY informed her family members who conducted meetings after meetings to
satisfy on their mere suspicion and baseless allegations but proved in vain.
7) That meanwhile a complaint was for Domestic Violence is being lodged for the
Prosecution Order.
8) That no petition has been filed previously neither before this Court nor any other Court 9)
That this Court has the jurisdiction to try and entertain this suit
10) Therefore, it is prayed that the Hon’ble Court grants the petition for divorce and award
any other costs as it deems fit in the interest of justice.
[Adv. Om Kapoor]
VERIFICATION
[Mrs. XY]
I, Mrs. XY, residing a Pune, Indian Inhabitant being the petitioner do hereby solemnly declare
that what is stated in paragraphs 1 to 9 is stated on my belief to be true.
[MRS. XY]
ASSIGNMENT XX
Development Agreement
BETWEEN
AND
BSK Builders and Developers, a Company registered under The Companies Act, 1956 and
registered at No. 21, 3rd floor, Z Towers, Viman Nagar, Pune-411014 [Herein referred as the
“Developer”]
WHEREAS:-
1) The society is well and sufficiently entitled to the entire property situated at Pune more
particularly described in the Schedule 1.
3) The society is desirous to demolish the existing structure and develop a new society on the
said property and wants it to be redeveloped by BSK Builders.
4) BSK Builders and Developers has handled many developmental projects and is a reputed
company and has agreed to develop the society
6) The society passed a resolution in the annual general meeting to accept the proposal to
redevelop by reconstruction of the building with additional FSI to build new flats, shops
along with other amenities.
1) The Developer has agreed to redevelop the housing society and the society has agreed to
transfer the property for redevelopment by obtaining transfer of Development rights and in
consideration for temporary habilitation of the present tenements and payment of sum of
Rupees 1,00,000 to each tenement as given in Schedule 2.
2) The Developer will obtain all the sanctions and approvals in the name of the society.
3) The Developer will at its own expense and costs redevelop the society.
5) The redeveloped property will be distributed to the current tenants and surplus property
will be offered to the third party.
6) The car parking spaces will be mutually decided by the members of the society.
7) The Developer will transfer the possession of the Property to the society after the
redevelopment is completed.
SCHEDULE 1
Laxmi Building on land bearing Gat no. 3/2, extent of X sq. ft, on Prabhat Road, Pune.
BOUNDARIES:-
SCHEDULE 2
Signed and Delivered by with named Laxmi Cooperative Housing Society above named
society in the presence of-
1) Vijay Kumar
2) Ananth Nag
Signed and Delivered by with named BSK. Builders and Developers, above named
Developer in the presence of-
1) Sharan Nagraj
2) Kirana Suresh
ASSIGNMENT XXI
Lease Deed
BETWEEN
Mr. Manohar Gokhale, RH 24, Rohan Mithila, New Airport Road, Viman Nagar, Pune-
411014 herein after referred to as the “LESSOR” (which expression shall include successors,
assigns, administrators, and executors.)
AND
Polar Bear Ice Cream, registered at shop no. 8, SP Road, Pune-411018 herein after referred to
as the “LESSEE” (which expression shall include successors, assigns, administrators, and
executors.)
WHEREAS
1. The Lessor is well and sufficiently entitled to shop no. 33 admeasuring 320 Sq. ft.
shop in a big mall.
3. The Lessor agrees to lease and, at the request of the Lessee, executes the agreement to
that effect.
In consideration of the sum of rupees 15,000 monthly rent and 1,50,000 rupees received by
the Lessor for a period of 5 years where yearly rent is to be paid, the Lessor transfers the
possession of the shop to the Lessee.
1. That the Lessee will pay the yearly rent regularly on the 7th day of January and failure
to pay the same will lead to the payment of interest of 15% along with the annual rent.
2. That the Lessee, at their own expense and cost, will modify the interiors of the shop.
3. That the Lessee, at their own expense and cost, will maintain the shop.
4. That the Lessee will not cause or suffer to be done any act that amounts to annoyance
or nuisance or injury to the neighbouring shops.
5. That the Lessee will quietly surrender and transfer the possession of the shop to the
Lessor at the end of the tenure of the deed.
6. That the Lessor will not interfere or disturb the Lessee while the Lessee is in
possession of the shop.
IN WITNESS WHEREOF, the parties have set and subscribed their respective hands on the
day and year first hereinabove written.
Signed and delivered by the within-named Mr. Manohar G., the above-named “Lessor” in the
presence of:
Signed and delivered by the within-named Polar Bear Ice Cream, the above-named “Lessee”
in the presence of:
Criminal Complaint
Versus
Complaint under Section 500 and 501 of the Indian Penal Code, 1860
2. One of the complainant’s staff members, Ms. Rosy, was terminated from her
employment due to her rude and undisciplined behaviour.
3. A few days later, on October 1, 2022, Ms. Preeti discovered defamatory blogs on
social media sites such as Facebook and Twitter.
4. The complainant possesses evidence of these defamatory blogs and pamphlets, as
attached in Annexure A and B.
Therefore, it is requested that the defendant be charged with and tried under sections 500 and
501 of the Indian Penal Code, 1860, and be punished according to the law.
List of documents: -
B) Defamatory Pamphlet
Complainant’s Advocate
Complainant
ASSIGNMENT XXIII
THIS DEED OF DISSOLUTION made and entered into at Mumbai this 7th day of
September 2023
BETWEEN
Shri Bhawesh Pathak, Indian Inhabitant, residing at 87, Sunshine Avenue, Colaba, Mumbai
(which expression shall unless it be repugnant to the context or meaning thereof, include his
heir, executors and administrators) hereinafter called “First Party” of One part.
AND
Shri Ritesh Sharma, Indian Inhabitant, residing at 45, Palm View Heights, Worli, Mumbai
(which expression shall unless it be repugnant to the context or meaning thereof, include his
heir, executors and administrators) hereinafter called “Second Party” of the Other Part.
WHEREAS
1. The Parties operated a business in partnership under the firm name and style of “Berriez
Fruit Processors” as per the terms and conditions outlined in the Deed of Partnership dated
1st January 2005.
3. Both Parties mutually agreed to dissolve the partnership, wind up the business, realize
assets and credits, and settle all debts and liabilities in accordance with the terms specified in
the partnership deed.
NOW THIS DEED WITNESSES that, in accordance with the above agreement, the Parties
hereby declare and agree as follows:
1. The partnership under the Deed dated 1st January 2005 shall be dissolved effective from
the 7th day of September, 2023. The Parties shall refrain from conducting business under the
name “Berriez Fruit Processors” either singly or jointly for a period of 5 years from this date.
Advertise the dissolution in the local Official Gazette as required by Section 45 of the
Indian Partnership Act.
Intimate the dissolution to the Registrar of Firms as per Section 63 of the said Act.
3. Within 60 days after dissolution, a comprehensive account and balance sheet shall be
prepared for the partnership’s assets and liabilities. An inventory and valuation of all assets,
including machinery, plants, tools, stock, and office equipment, shall be conducted by the
Parties or an appointed representative, with the decision of the appointed representative being
final and binding.
4. After collecting all debts owed to the partnership and disbursing the assets and liabilities,
the Parties or their appointed representative shall divide and apportion the shares of the
Parties based on their capital contributions. Any prior payments or amounts due to the Parties,
as per the partnership’s books, shall be taken into account. Liquidation costs shall be
considered a partnership liability and paid from the partnership funds.
5. In the event that winding up reveals a loss or insufficient assets to cover the partnership’s
debts, the Parties shall promptly contribute funds to cover such losses in proportion to their
capital contributions.
6. Each Party shall, upon the request and at the cost of the other Party or their representatives,
execute releases, indemnities, and assurances as necessary, once all obligations and actions
stipulated in this agreement have been completed.
IN WITNESS WHEREOF, the Parties hereto have executed this Deed of Dissolution on the
date first above mentioned.
ASSIGNMENT XXIV
Promissory note
ABC Pvt. Ltd. (Creditor) had sold building material worth Rs. 2,50,000/- only. XYZ
Properties (Debtor) has made this Promissory Note (“Note”) as of the 1 st day of October,
2022. Creditor is supplying building materials on credit to the Debtor pursuant to the terms
and conditions of this Note. The Creditor is making the Supply to Debtor in consideration of
Debtor making this Note and delivering it to Creditor.
The Creditor hereby promises to pay the Debtor, the sum of Rs. 2,50,000/- together with
interest of 15% per annum on the unpaid balance. The entire unpaid principal and any
accrued interest shall be fully and immediately payable UPON DEMAND of any holder
hereof. Upon default in making payment within 30 days of demand, and provided this note is
turned over for collection, the undersigned agree(s) to pay all reasonable legal fees and costs
of collection to the extent permitted by law. This note shall take effect as a sealed instrument
and be enforced in accordance with the laws of the payee’s state. All parties to this note waive
presentment, notice of nonpayment, protest and notice of protest, and agree to remain fully
bound notwithstanding the release of any party, extension or modification of terms, or
discharge of any collateral for this note.
1. This Note evidences the obligation of Debtor to Creditor for the repayment amount due on
demand.
2. If the amount demanded under this Note is not received by Creditor within fifteen (15)
calendar days after demand is made, Debtor shall pay to Creditor a late charge of five percent
(5%) of such amount. Such late charge shall be immediately due and payable without demand
by Creditor.
3. Upon the occurrence of any one or more of the following, Creditor may, at its sole
discretion, declare all unpaid principal immediately due and payable, together with all unpaid
interest at the stated rate from the date of the advancement of the credit, subject to applicable
cure periods, if any:
b. Creditor discovers that Debtor, in any application to Creditor in connection with the
transaction, had failed to disclose or misrepresented any fact that would have prevented
Debtor from being eligible for the credit.
c. Creditor discovers that Debtor has made any misrepresentations or has intentionally
withheld any fact in the making of this credit, the knowledge of which could have affected
the decision of Creditor to allow the credit.
d. Debtor defaults or breaches any of the terms of the transaction or this Note.
4. No waiver of any default or breach by Debtor under this Note shall be implied from any
omission by Creditor to take action on account of such default, and no express waiver shall
affect any default, other than the default specified in the waiver. Such waiver shall be in
writing and shall be operative only for the time and to the extent therein stated.
5. Debtor may prepay this Note in full or in part at any time, without any prepayment penalty
being charged by Creditor. During the existence of default or delinquency under the terms of
this Note or the Trust Deed, the Creditor is expressly authorized to apply all payments made
on this Note to the payment of all or part of the delinquency, as it may elect. Debtor shall pay
to Creditor all costs of enforcement of all or any portion of this Note, including attorney’s
fees, witness fees, investigator fees, and court costs, incurred by Creditor, whether or not
litigation is commenced.
IN WITNESS WHEREOF, Debtor has executed this Note as of the Credit Date.
Debtor:
XYZ Properties
ASSIGNMENT XXV
MORTGAGE DEED
BETWEEN
Mr. Rajesh Verma r/o D-12, Sunrise Apartments, Shivaji Nagar, Pune, Maharashtra-411005
herein after called as the “Mortgagor” which expression shall include unless contrary to the
context, his successors, administrators, executors and assigns.
AND
Mr. Devendra Sharma, R/o C-201, Green View Society, Koregaon Park, Pune, Maharashtra-
411001 herein after called as the ‘Mortgagee’ which expression shall include unless contrary
to the context, his successors, administrators, executors and assigns.
WHEREAS:
1. The Mortgagor is well and sufficiently entitled to agricultural land bearing Gat
Number-202 situated at Village Chandanpur, Taluka Baramati, District Pune,
Maharashtra, more particularly described in the schedule.
2. The Mortgagor is in the need of the sum of rupees 5,00,000 to meet family expenses,
and the Mortgagee agreed to lend the said sum to the Mortgagor on the security of the
agricultural land more particularly described in the schedule with interest at 15% per
annum.
1. That the mortgagor will pay all the rates, taxes, and charges on the said property.
2. That the said property is free from all encumbrances charge, lien, or attachment by the
government or otherwise.
3. That the property will be re-transferred to the Mortgagee on the payment of the
principal amount of the loan together with the interest.
IN WITNESS WHEREOF, the parties have set and subscribed their respective hands on
this day and year first hereinabove written.
Signed and delivered by with the name, Mr. Rajesh Verma above named Mortgagor in the
presence of:
Signed and delivered by with the name, Mr. Devendra Chauhan, above named Mortgagee in
the presence of:
Village- Chandanpur
Taluka- Baramati
District- Pune
State- Maharashtra
BOUNDARIES:
Codocil to Will
I, Mr. Navin Batra, son of Mr. Vikram Batra, an Indian Inhabitant residing at RH-24, Rohan
Mithila Apartments, New Airport Road, Viman Nagar, Pune, hereby make the first codicil as
under:
1. I executed the last will and testament on 7th September, 2022, under which Mr.
Pruthvi Batra and Mr. Vishal Batra were appointed as executors of the will.
2. I hereby grant and bequeath property on plot no. 55 situated on New Airport Road,
Viman Nagar, to Mr. Sohan Gowda, my assistant and driver, and Mr. Surya Naidu, my
manager, in addition to the beneficiaries of the will executed on 7th September, 2022.
3. Mr. Sohan Gowda and Mr. Surya Naidu have taken care of me and my estate out of
affection, and I bequeath my estate upon them.
4. I have written the above in sound health and mind and consciously.
IN WITNESS WHEREOF, I set and subscribe my hand on this 4th October, 2018.
Deed of Sale
THIS DEED made at Pune this 4th October, 2018, by Mr. Chandan Nakathe, Age 40, and
doing agricultural business, residing at S.N. 11, Maruti Mandir, Nakhate Niwas, Pirangat,
Pune – 410030, herein referred to as the “VENDOR” (which expression shall include unless
contrary to the context, his succession, administrators, executors, and assigns.)
TO AND IN FAVOUR OF Mr. Rocky Topiwala, aged about 39 years and a businessman,
residing at Apartment no. 21, Sylven hights, Baner, Pune- 411014, herein referred to as the
“PURCHASER” (which expression shall include unless contrary to the context, his
succession, administrators, executors, and assigns.)
WHEREAS:
1) Vendor is well and sufficiently entitled to the agricultural land bearing Gat no 10/2, which
is more particularly described in the schedule.
2) Vendor has enjoyed and peaceably held the land till date.
3) Due to personal reasons and family commitments, the vendor agrees to sell the said
property at rupees 50,00,000 [Rupees Fifty Lakh Only], and the purchaser has agreed to
purchase the property at the said price.
That in pursuance of the aforesaid agreement and in consideration of the sum of Rupees
50,00,000 to be received by the vendor by way of cheque no. 5678 drawn in the Bank of
India, Pirangat Branch, the Vendor will admit, acknowledge and discharge further payment to
be made by the Purchaser, and the Vendor will sell, transfer, convey, and assign the said
property into the Purchaser together with titles, interests, waterways, easements, and
advantages.
1) That the purchaser can enjoy and peaceably hold the property without any interruption or
disturbances from the Vendor or anyone claiming under him.
2) That the said property is free from any encumbrances, charges, lien or any attachments by
the government or otherwise.
3) That the Purchaser will be indemnified by the Vendor if a claim arises against the said
property.
4) That the rates and taxes to the local bodies have been paid by the Vendor till date.
IN WITNESS WHEREOF, the parties have set and subscribed their respective hands on the
day and year herein above first written.
Signed and delivered by within named, Mr. Chandan Nakathe, above-named Vendor, in
the presence of:
Signed and delivered by within named, Mr. Rocky Topiwala, above-named Purchaser, in
the presence of:
Schedule of Property
Agricultural Land bearing Gat no. 10/2 admeasuring 5 Hectares situated at Nakathe Farms.
BOUNDARIES:
Affidavit
IN THE MATTER OF
Versus.
AFFIDAVIT
I, A aged about 35 years old, adult, R/o Rohan Mithila Viman Nagar, New Airport Road
Pune-411014, do hereby solemnly declare and affirm under an oath as under:
1. That I gave a loan of rupees 1,00,000 with interest of 10% per annum to Mr. B.
2. That Mr. B has to pay the amount of rupees 1,00,000 and interest to me.
Mr. A [Respondent]
VERIFICATION
I, Mr. A of Pune, Indian Inhabitant being the petitioner, residing at RH-24, 204 Rohan Mithila
Viman Nagar, New Airport Road Pune- 411014, do hereby solemnly declare that what is
stated in paragraphs 1 and 2 is based on the records maintained by the petitioner and is stated
on information and belief of the same to be true.
Mr. A [Respondent]
Solemnly affirmed and signed before me by the respondent, who is personally known to me
on this 20th day of September, 2023.
Age: 55
Occupation: Businessman
Bannerghatta,
Bengaluru -560077…………………………………………………………………Applicant
Versus
Shivaya Trust
Bannerghatta,
Bengaluru- 560077………………………………………………………………….Defendant
Sir,
1) That the Plaintiff lives on plot no. 22, Rajkumar Road, Bannerghatta, Bengaluru
2) That the Trust authorities erected their office adjacent to the plaintiff’s land on 10
September, 2018.
3) That the Trust authorities have been building further structures that are encroaching upon
the land of the plaintiff
4) That the plaintiff erected a structure to separate that Trust Land from his land.
5) That the Trust authorities are remaining his structures.
Therefore, it is prayed that a temporary injunction should be issued against the defendant
from erecting further structures on the plot of land in question during the pendency of the suit
and costs be awarded for forcible action.
(Applicant’s Advocate)
KIREETI KRISHNAPPA
(Applicant)
VERIFICATION
1. Mr. Kireeti Krishnappa, residing at Bengaluru, Indian inhabitant, being the applicant, do
hereby solemnly declare that what is stated in paragraphs 1 to 5 is true to my knowledge.
(Applicant)
ASSIGNMENT XXX
This trademark licensing agreement made at Bengaluru on 31st October, 2023 between Stark
Corporation Ltd. Registered at St. Marks Road, Brooklyn, New York. United States of
America called the “Licensor” and Paramvah Enterprises Ltd. registered at No.22, Orion
Towers, Rajajinagar, Bengaluru, India, herein after called the “Licensee”.
BACKGROUND
The Licensor owns the Stark logo for the products and services provided by Stark
Corporation Ltd. And the Licensee wishes to obtain a license to use the Stark Logo.
1. LICENSEE - Licensor allows the license to use the logo throughout the territory of
India but not beyond India. The Licensee has the sole licensing rights in India.
2. FORM OF USE - Licensee has to use the Stark Logo in the form and manner
prescribed by the Licensor.
5. INDEMNITY - The Licensor shall be indemnified by the Licensee in case losses are
incurred by the use of the Stark logo for its products and services.
6. LIMITED LIABILITY - The Licensor cannot be held liable for the acts of the
Licensee.
Signed and delivered by Stark Corporation Ltd., above named Licensor in the presence of:
Signed and delivered by within named, Paramvah Enterprises Ltd., Above named Licensee in
the presence of: