LEAVE AND LICENCE AGREEMENT
THIS LEAVE AND LICENCE AGREEMENT made and entered into at
Virar on this 1st day of April in the Christian year Two Thousand
Twenty-Three (2023).
BETWEEN
M/S SAI DEEP ENTERPRISES, (Pan no: ACDPT1830G )a Private
Limited Company incorporated under the provisions of the Companies
Act, 1956/2013, having its registered office at Virar, Through its
Authorized Person 1) MR. SETHRAJ NARSINGHRAJ NAHTA an Adult,
Indian Inhabitant age 57 years having (Pan no: ABYPN6644A) & 2)
MR. SANDEEP PANDURANG VARTAK an Adult, Indian Inhabitant
age 53 years having (Pan no: ACEPV1278P) . Hereinafter called and
referred to as the “LICENSOR” (which expression shall mean and
include his heirs and executors, administrators and assigns) of the
FIRST PART.
AND
M/S INDIAQO HOSPITALITY, (Pan no: AAIF3473M) a Private Limited
Company incorporated under the provisions of the Companies Act,
1956/2013, having its registered office at Virar, Through its
Authorized Person 1) MR. HARDIK SANJAY JOSHI an Adult, Indian
Inhabitant age 32 years having (Pan no: AMSPJ0072B Aadhar card
No. 7108 4638 5615) Residing at A/101, Vishnu Govind nagar CHS,
Agashi Road, Kamanwala Complex, Virar West, Palghar-401303. & 2)
MR. AMEY SUNIL MORE, an Adult, Indian Inhabitant age 34 years
having (Pan no: AWEPM5890Q Aadhar card No. 2284 2728 4924),
Residing at B/103, Om Sai Darshan Apartment, P.P. Marg, Chanakya
Chowk, Near Mahavir Bungalow, Virar West, Palghar-401303. & 3) MR.
PRANAV GULSHANKUMAR JAITLY, an Adult, Indian Inhabitant age
33 years having (Pan no: AKMPJ0409L Aadhar card No. 3257 6390
5827), Residing at Ashirwad Bungalow. Bhaji Gully, Vidhya Vihar
English High School, Virat Nagar, Virar West, Palghar-401303.
Hereinafter called and referred to as the LICENCSEE (Which
expression shall mean and include his heirs, executors, administrative
and assigns) of the SECOND PART:
WHEREAS the Licensor is owner in use, occupation and
possession of the said Gala No.02 which is situated at Unity Industrial
Estate, Naikpada Road, Waliv Village, Vasai East, Palghar- 401208.
WHEREAS : - the Licensor is absolutely seized and possessed of
and or otherwise well and sufficient entitled to all that constructed
portion being until described in Scheduled I hereunder written and are
hereafter for the Sake of brevity Called or referred to as Licensed
Premises and is/are desirous of giving the said premises on Leave basis
under Section 24 of the Maharashtra Rent Control Act, 1999.
AND WHEREAS the License herein is in need of temporary
premises for Commercial use has/have approach the Licenser with a
request to allow the Licensee herein to use and occupy the said
premises on Leave
and License basis for a period of 60 Months (Five Years) commencing
from 01/04/2024 and ending on 31/03/2029, on term and subject to
conditions hereafter appearing.
AND WHEREAS the license have agreed to allow the License
herein to use and occupy the said License premises for his aforesaid
Commercial purpose only , on Leave and License basis for above
mentioned period, on term and Subject to conditions hereafter
appearing ;
NOW THREFORE IT IS HEREBY AGREED TO DECLARED AND
RECORDED BY AND BETWEEN THE PARTIES HERETO TO AS
FOLLOWS :-
1) Period: That the Licensor hereby grants to the Licenses
herein a revocable leave and License, to occupy the Licensed
Premises, described in Schedule I Hereunder written without
creating any tenancy rights or any other rights, title and
interest in favour of the Licensee for a period of 60 Months
(Five Years) commencing from 01/04/2024 and ending on
31/03/2029. After the expiry of the agreement mentioned
above, Both the parties (Licensor and Licensee) will
negotiate with each other and extend the agreement for
another 6 (Six) years
2) License Fee : That the Licensee shall pay to the Licensor Rs.
1,80,000/- (Rupees One lakhs Eighty Thousand Only) as
rent for the said Property on or before 15th of every month.
And the rent mentioned above is not include TDS, ( TDS will
be paid by Licensee ) and Also, the said rent will increase by
10% percent every year, the details are as mentioned below
MONTHS FROM TO RENT
FIRST 12 MONTH 01-04-2024 31-03-2025 1,80,000/-
NEXT 12 MONTHS 01-04-2025 31-03-2026 1,98,000/-
NEXT 12 MONTHS 01-04-2026 31-03-2027 2,17,800/-
NEXT 12 MONTHS 01-04-2027 31-03-2028 2,39,580/-
NEXT 12 MONTHS 01-04-2028 31-03-2029 2,63,538/-
3) Payment of Deposit: That the Licensee have paid / shall pay
the above-mentioned deposit/ premium as mentioned above
by Cash. Amount Rs.21,00,000/- (Twenty-One Lakhs
Only)
4) Maintenance charges: That the all outgoings including all
rates, taxes, levies, assessment, maintenance charges, non
occupancy charges, etc. in respect of the said premises shall
be paid by the Licensor.
5) INVESTMENT: - M/S INDIAQO HOSPITALITY is going to invest
Rs.1,80,00,000/- (Rupees One Crore Eighty Lakhs Only) to
develop the said Hotel.
6) Electricity Charges: The licensee herein shall pay the
electricity bills directly for energy consumed on the licensed
premises and should submit original receipts to Licensor
indicating that the electricity bills are paid.
7) Use: That the Licensed premises shall only be used by the
Licensee for Commercial purpose. The Licensee shall maintain
the said premises in its existing condition and damage, if any,
caused to the said premises, the same shall be repaired by
the Licensee at its, own cost subject to normal wear and tear.
The Licensee shall not do anything in the said premises which
is or is likely to cause a nuisance to the other occupants of the
said building or to the prejudice in any manner to the rights of
Licensor in respect of said premises or shall not do any
unlawful activities prohibited by state or Central Government.
If any misplace of the said gala or any damage caused to the
it the party in use shall be held responsible for it.
8) Alteration: That the Licensee shall not make or permit to do
any alteration or addition to the construction or arrangements
(Internal or external) to the Licensed Premises without
previous consent in writing from the Licensor.
9) Not Tenancy: That the Licensee shall not claim any tenancy
right and shall not have any right to transfer, assign, and
sublet or grant any license or sub-license in respect of the
Licensed Premises or any part thereof and also shall not
mortgage or raise any loan against the said premises.
10) Inspection : That, the Licensor shall on reasonable notice
given by the Licensor to the Licensee shall have a right of
access either by himself / herself / themselves or through
authorized representative to enter, view and inspect the
Licensed premises at reasonable intervals.
11) Cancellation : That, Subject to the condition of lock in
period (6 months), if the Licensee commits default in regular
and punctual payments, of payments of monthly
compensation as herein before mentioned or commit/s breach
of any of the terms, covenants, and conditions of this
agreement or if any Legislation / prohibiting the Leave and
License is imposed, The Licensor shall be entitled to revoke
and /or cancel the License hereby granted, by giving notice in
writing of three month and the Licensee too will have the right
to vacate the said premises by giving a notice in writing of
one month to the Licensor as mentioned earlier.
12) Possession : That the immediately at on the expiration or
termination or cancellation of this agreement the Licensee
shall vacate the said premises without delay with all his goods
and belongings. In the event of the Licensee failing and / or
neglecting or remove himself and /or his articles from the said
premises on expiry or sooner determination of this
Agreement, the Licensor shall be entitled to recover damages
at the rate of doubt the daily amount of Compensation per
day and or alternatively the Licensor shall be entitled to
remove the Licensee and his belongings from the Licensed
premises, without recourse to the Court of Law.
SCHEDULE - I
All that Constructed portion Gala No.02 which is situated at Unity
Industrial Estate, Naikpada Road, Waliv Village, Vasai East, Palghar-
401208.
IN WITNESS WHEREOF the parties have hereinto set and subscribed
their respective hands on the day and year first hereinabove written.
SIGNED SEALED AND DELIVERED by )
M/S SAI DEEP ENTERPRISES )
Through its Authorised Person )
1.MR. SETHRAJ NARSINGHRAJ NAHTA )
&
2. MR. SANDEEP PANDURANG VARTAK )
The within named “LICENSOR” )
In the presence of ………………………… ) ( LICENSOR )
1)
2)
SIGNED SEALED AND DELIVERED by )
M/S. M/S INDIAQO HOSPITALITY )
Through its Authorised Person )
1. MR. HARDIK SANJAY JOSHI )
&
2. MR. AMEY SUNIL MORE )
&
3. MR. PRANAV GULSHANKUMAR JAITLY )
The Withinnamed “LICENSEE” )
In the presence of ………………………… ) ( LICENSEE )
1)
2)
Date : 1st April 2024.
Place : Virar