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SBT

ASSIGNMENT

Submitted to: Shivangi Sharma Submitted by: Abhishek Sharma


(Assistant Professor) Enrolment No: 00119103516

BBALLB 8TH SEM

GITARATTAN INTERNATIONAL BUSINESS SCHOOL


DELHI-110085
Batch (2016-2021)
AGREEMENT FOR SALE

THIS AGREEMENT OF SALE executed at B2 247, Paschim vihar, Delhi-110063 on this the
19th day of SEPTMBER,2019 by Jatin Sharma s/o K.L. Sharma r/o B2 247, Paschim Vihar,
Delhi- 110063 hereinafter called the VENDOR of the one part which expression shall include
his executors, administrators, legal representatives, successors etc.

TO AND IN FAVOR OF Muskan Sharma d/o Neeraj Sharma r/o 77C, NFC, Delhi-110060
hereinafter called the PURCHASER of the other part which expression wherever the context
so requires shall mean and include his heirs, executors, administrators, legal representatives,
successors etc.

WHEREAS the vendor herein has purchased the said property more fully described in the
Schedule hereunder and by sale deed dated 19th September, 2019 and registered on 19th
September, 2019 as Document No. 599 of 2019(year) of Book 1 volume No. 7 filed at pages
445 to 448 on the file of the Sub Registrar of New Delhi.

WHEREAS the vendor herein has been in exclusive possession and enjoyment of the property
more fully described in the Schedule hereunder with a constructed house thereon,which was
constructed by him with his self-earned funds, till date.

WHEREAS the vendor is the exclusive owner of the property more fully described in the
Schedule hereunder and he has absolute right to dispose of the same as in the manner he wishes;

AND WHEREAS the vendor is in need of funds in order to meet his personal commitments
and family expenses and has decided to sell the property more fully described in the Schedule
hereunder for a sum of Rs. 4,00,00,000 /- and the purchaser herein has also agreed to purchase
the same for the said price and to the effect they entered into an agreement to sell dated 1st
March, 2019. .

NOW THIS AGREEMENT OF SALE WITNESSETH

That in pursuance of the aforesaid agreement and in consideration of a sum of Rs. 4,00,00,000
received by the vendor in cash and the receipt of the said entire consideration of Rs.
4,00,00,000, the vendor doth hereby admit, acknowledge, acquit, release and discharge the
vendor from making further payment thereof and the vendor doth hereby sell, convey, transfer,
and assigns unto and to the use of the purchaser, the property more fully described in the
Schedule hereunder together with the water ways, easements, advantages and appurtenances,
and all estate, rights, title and interest of the vendor to and upon the said property TO HAVE
AND TO HOLD the said property hereby conveyed unto the purchaser absolutely and forever.
THE VENDOR DOTH HEREBY COVENANT WITH THE PURCHASER AS FOLLOWS:

1. That the property more fully described in the Schedule hereunder shall be quietly and
peacefully entered into and held and enjoyed by the purchaser without any interference,
interruption, or disturbance from the vendor or any person claiming through or under him.

2. That the vendor has absolute right, title and full power to sell, convey and transfer unto the
purchaser by way of absolute sale and that the vendor has not done anything or knowingly
suffered anything whereby his right and power to sell and convey to the purchaser the property
hereby conveyed.

3. That the property is not subjected to any encumbrances, mortgages, charges, lien,
attachments, claim, demand, acquisition proceedings by Government or any kind whatsoever
and should thereby and the vendor shall discharge the same from and out of his own funds and
keep the purchaser indemnified.

4. That the vendor hereby declares with the purchaser that the vendor has paid all the taxes,
rates and other outgoings due to Local bodies, revenue, urban and other authorities in respect
of the property more fully described in the Schedule hereunder up to the date of execution of
this sale deed and the purchaser shall bear and pay the same hereafter. If any arrears are found
due to the earlier period, the same shall be discharged by the vendor.

5. That the vendor has handed over the vacant possession of the property more fully described
in the Schedule hereunder to the purchaser on 19th September, 2019 and delivered the
connected original title document in respect of the schedule mentioned property hereby
conveyed on the date of execution of these presents.

6. That the vendor will at all times and at the cost of the purchaser execute, register or cause to
be done, all such acts and deeds for perfecting the title to the purchaser in the property hereby
sold and conveyed herein.

7. That the vendor do hereby covenants and assures that the purchaser is entitled to have
mutation of his name in all public records, local body and also obtain patta in the name of the
purchaser and undertakes to execute any deed in this respect.

SCHEDULE OF PROPERTY
The Market Value of the property is Rs. 2,00,00,000.

In witness where of the VENDOR and the PURCHASER have set their signatures on the day
month and year first above written.
Witnesses:
VENDOR: Jatin Sharma
1) Kia kumar

2) Seema Sharma PURCHASER: Muskan Sharma


AGREEMENT FOR CONSTRUCTION OF BUILDING
This agreement is made this 19th day of February, 2020 between ABC Ltd., a company
incorporated under the Companies Act, 2013, having its Registered Office at 44, Punjabi Bagh,
Delhi acting through Mr. Singh, its Company Secretary, hereinafter called "the builder", which
term shall, unless repugnant to the context, include its legal representatives, of the one part and
Mr. Shyam kumar, son of Shri Vishnu kumar resident of Delhi, hereinafter called "the owner",
which term shall, unless the context otherwise admits, include his heirs, executors,
administrators, legal representatives, nominees and assigns, of the other part.

WHEREAS the owner has a plot of land measuring 2000 sq. meters situated at Greater Noida
(as specified in Schedule I) duly registered in his own name with the rights, title and interest
therein absolutely vesting in him;

AND WHEREAS the owner has requested the builder to build a bungalow on the said piece of
land according to the plan approved by the Municipal authorities, of the area;

AND WHEREAS the builder, has agreed to build the desired bungalow. Now this
AGREEMENT is reduced into writing and respective parts thereof shall be performed by the
owner and the builder in accordance with the following terms and conditions:

1. The builder will build and complete the bungalow within nine months from the date of
execution hereof in a thorough manner and with the best material and work as specified in
Schedule II hereof on the plot of land belonging to the owner, which is more clearly and
precisely described in Schedule I hereof.

2. Subject to the conditions hereinafter contained, the owner will pay to the builder a sum of
Rs 90 lakhs as cost of labour for construction and all other type of labour, cost of materials,
electrical and sanitary fittings, wood work, doors and windows, white-washing, painting and
polishing etc., as per specifications of the architect of the owner, which have been given in
detail on the approved plan of the bungalow and a photo-copy whereof has already been handed
over to the builder, who has received the same and has signed the original sanctioned plan in
token of having received a photo copy thereof, in the following manner and at varying stages
of the construction:

(a) Construction up to plinth level - Ten per cent of the total contract amount.

(b) Completion of walls up to roof level - Fifteen per cent of the total contract amount.

(c) Completion of roof slab of the entire structure of the bungalow - Thirty per cent of the total
contract amount.

(d) Fixing of shutters of doors, windows, completion of wooden almirahs, pelmets and all other
wood work - Twenty per cent of the total contract amount.
(e) Finishing of the entire construction and fixing of electrical and sanitary fittings - Fifteen
percent of the total contract amount.

(f) After receipt of Completion Certificate from the Municipal authorities - Balance amount of
the contract money.

3. The owner shall pay to the builder a sum of Rupees twenty thousand only immediately on
execution of this Agreement in the form of earnest money, immediately on receipt whereof,
the builder shall procure building materials and start construction work. The said sum of
Rupees twenty thousand shall be adjusted by the owner from the last instalment payable to the
builder.

4. It is expressly, agreed between the owner and the builder that in respect of the aforesaid
payments and in respect of the construction of the bungalow, time is the essence of this
agreement.

5. The builder will do and perform all works incidental to the proper execution and completion
of the bungalow including all works rendered necessary in consequence of the doing of the
works and will supply all the required skilled, semi-skilled and unskilled labour and materials
necessary for the same and no additional payment shall be made by the owner to the builder
for the same.

6. The builder will permit the owner, his representatives and his architect to have access to the
works while the same are under construction and to inspect the same so as to make sure that
the construction work is being done according to sanctioned plan and materials are being used
as per specifications given by the architect.

7. While the bungalow is in the course of construction and until the owner takes over the same,
all materials used or to be used in the construction, shall remain at the builder's risk and the
builder shall not be entitled to any compensation for injury/or loss/or destruction of, such works
or materials arising from any cause whatsoever.

8. The owner will not be entitled to take possession of the bungalow until the entire amount is
paid within the time stipulated hereinabove.

9. The owner shall make payments of all the amounts in respect of the said bungalow towards
water and electricity deposits etc.

10. It is agreed by the owner that any amount that will be due and payable to the builder as
mentioned in this agreement shall be treated as a charge on the bungalow till such time the
same is paid in full.

11. If the owner requires any additional or extra items of work to be carried on by the builder
in the bungalow, other than the above specified works, the builder should be informed by the
owner in advance and the cost and/or difference of cost for such items of work as per rates
mutually agreed upon should be paid by the owner to the builder in advance.

SCHEDULE I
Details of the plot of land upon which the bungalow is to be built by the builder for the
owner:

Plot No. 51 measuring 2000 sq. metres

Street 12

Road 5

Within the district of Greater Noida

SCHEDULE II

1. Foundation and Super-structure: Earth digging for foundation up to a depth of six feet.
R.C.C., framed structure with R.C.C. foundation columns, beams and slabs all the partition and
main walls shall be of 1st quality red bricks in cement mortar, both sides plastered and finished
with snowcem painted on outer side and plastic emulsion painted inside.

2. Almirahs, Doors and Windows: All the almirahs, doors and window frames will be of teak
wood and all the window frames will be of teak board (1/2" thick) covered by kail wood frames.
All the doors and window frames will be fixed with M.S. Grills and glazed shutters and wooden
plank shutters. All the doors, windows, shutters etc. will be painted with synthetic enamel paint.
Drawing-cum-dining room will have a sliding gate.

3. Flooring: Entire flooring will be laid with light grey colour mosaic tiles with 6" skirting for
all the rooms. Bathrooms and toilets will have square while 5" x 5" tiles to a height of seven
feet.

4. Electrical Fittings etc.: Concealed electrical wiring will be done with best quality insulated
wires and cables. Light points will be as per the specifications shown in the site plan.

5. Water Supply: There will be an underground water storage tank which will be 10' x 10' with
4' depth fully water proof coated with a booster pump to lift water to an overhead R.C.C. water
tank of similar capacity to be constructed on four R.C.C. columns. A tubewell will also be
bored and fitted with a booster pump, which may be used as an alternative source of water
supply in the event of Municipal Water Supply failure.

6. Kitchen: Kitchen will be fitted with an exhaust fan of the best available make and suitable
for the size of the kitchen to be constructed in the bungalow. White 4" x 4" white tiles will be
fixed up to a height of 9' on all the walls. There will be raised platform on two sides as shown
in the plan with tops fitted with 1/2" thick white marble slabs with a stainless steel sink at the
space provided therefore.
IN WITNESS WHEREOF, the parties afore-mentioned have signed this deed in token of
acceptance of the terms thereof.

Witnesses:

(1) Name : Shyam kumar

Father's Name : Vish kumar

Address : 24, Raja Garden, Delhi

Signature : Owner

(2) Name : Satbir Singh

Father's Name : Vivek Singh

Address : 24/20C, Punjabi Bagh,

Delhi Signature : Builder


AGREEMENT ON APPOINTMENT OF SALES AGENT
THIS AGREEMENT is made on this 20th day of July 2011 BETWEEN XYZ Co. Ltd., a company
registered under the Companies Act 1956 having its registered office at 8 Vinay marg., Delhi
700 001 (hereinafter referred to as the COMPANY which expression shall unless the context
requires otherwise include its successors) of the ONE PART and Mr. Rajkumar of 5 Mumbai
Road, Mumbai, Maharashtra (hereinafter referred to as the AGENT) of the OTHER PART.
WHEREAS the COMPANY is carrying on business as manufacturer of and dealer in Calculators,
Computers, Computer Hardwares and Computer Softwares for the last 9 years and selling its
products both in domestic and export markets.
AND WHEREAS the AGENT was working with another company as the Chief Mechanic of the
Computers and calculators and has acquired knowledge of repairs of Hardwares and Softwares
and is capable of rendering after sales service and maintaining Computers in good working
condition.
AND WHEREAS the AGENT after leaving his employment has approached the COMPANY for
agency to sell the products of the COMPANY on commission basis.
AND WHEREAS the AGENT has declared that he is not working for any other company and
that he intends to work as agent for sale of computers and computer accessories as an
independent contractor.
AND WHEREAS the COMPANY and the AGENT had discussions and negotiations relating to the
sale of COMPANY’S products by the AGENT in the territories covered by the States of
Maharashtra, Kerala and Andhra Pradesh.
AND WHEREAS the parties herein have mutually agreed to the terms and conditions in regard
to the sale of COMPANY’S products.
NOW THESE PRESENTS WITNESSETH and the parties hereby agree as follows:
1. The COMPANY hereby appoints the AGENT as the agent of the COMPANY in the States of
Maharashtra, Kerala and Andhra Pradesh for the sale of the COMPANY’S products including
Computers, Computer Hardwares and Computer Softwares for a term of three years
commencing from 1st June 1999 on terms and conditions mentioned hereinafter.
2. The AGENT shall:
(a) use his best endeavours to promote and expand the sales of the COMPANY’S
Computers, Hardwares and Softwares (hereinafter referred to as the “PRODUCTS”) in
the State of Maharashtra, Kerala and Andhra Pradesh (hereinafter called the
“TERRITORIES”) to all potential purchasers thereof and work diligently to obtain orders
therefor;
(b) act loyally and faithfully and obey the orders and instructions of the COMPANY and if
in any case it is not possible to obtain instruction in a particular matter to act in such
a manner as the AGENT reasonably considers to be most beneficial to the interests of
the COMPANY;
(c) refrain for engaging or being interested directly or indirectly as the principal, AGENT,
partner, director or employee in the production, sale or advertisement of goods of any
description or kind or similar to or competitive with the products of the COMPANY
without the prior written consent of the COMPANY;
(d) not to take orders for the sale to any person of the products which he knows or has
reason to believe are intended for re-sale outside the TERRITORIES without prior
consent of the COMPANY;
(e) refer to the COMPANY all enquiries for the products received from outside the
territories as also from addresses in the territories for re-sale outside the territories;
(f) take orders for sale of goods only subject to confirmation and acceptance by the
COMPANY and on the usual terms and conditions;
(g) not make any representation in selling the goods nor to give any warranties or
concessions other than those contained in the COMPANY’S conditions of sale;
(h) keep proper books of accounts and records of all enquiries and transactions relating
to the products separate from other transactions outside the agency and submit reports
from time to time to the COMPANY and allow the COMPANY’S authorised officer to
inspect and take copies of such books of accounts and records;
3. The AGENT shall make market-survey and proper enquiries as to the financial stability of
the intending purchasers of goods and furnish reports to the COMPANY. The AGENT shall attend
and promote the sale of the products at all Sales Exhibitions and Trade Shows after properly
apprising the COMPANY the particulars thereof.
4. The AGENT shall not assign, transfer or charge his rights under these presents and in all
correspondence and commercial documents in relation to the products shall describe himself
as the Selling Agent for the COMPANY’S products.
5. The AGENT shall defray all expenses of and incidental to the Agency, shall not make
directly or indirectly any profit or take any benefit in the sale of the products and shall not
divulge any information in relation to the COMPANY’S trade secrets or know-how or marketing
technique or any method of manufacturing, selling or dealing in its products.
6. The AGENT agrees and covenants that the AGENT shall not act as the Selling Agent for any
other company in Computer goods similar to the COMPANY’S products for three years within
the said territories after termination of the present agreement.
7. The COMPANY shall at its own expense supply to the AGENT samples, patterns, catalogues,
operating manuals, repairing manuals, particulars of parties and advertising materials as the
COMPANY considers reasonably sufficient with a view to enable the AGENT to conveniently
render after-sales-service to the purchasers of the products in the said territories.
8. Notwithstanding anything to the contrary contained herein the COMPANY reserves to itself
its right:
(a) to decline at its absolute discretion without giving any reason therefore any order or
to submit any quotation or tender on any enquiry transmitted to the COMPANY by the
AGENT;
(b) to sell and supply the COMPANY’S products direct to customers in the said territories;
(c) to transfer and assign its rights and obligations under this Agreement to any other
concern after giving 15 days’ notice to the AGENT.
9. It is agreed that if in the reasonable opinion of the COMPANY the AGENT is not producing
adequate sales coverage in or through the said territories, the COMPANY may exclude a portion
of the territories or otherwise vary the extent of the territories on prior notice to the
AGENT.
10. In consideration of the services to be rendered by the AGENT the COMPANY will pay to
the AGENT a commission of 10% on the invoice price of products sold in the territories upto a
sale of Rs. 20 lakhs and thereafter 5% up to the sale of Rs. 40 lakhs and 2.5% on sale proceeds
in excess of Rs. 20 lakhs. Such commission shall be paid on furnishing of accounts every three
months.
11. The COMPANY shall reimburse every month actual expenses of travelling,
advertisements, repairs to the computers sold and such other expenses as the AGENT might
reasonably spend in relation to rendering of after-sales-service and promoting sales of the
COMPANY’S products.
12. If any customer does not make payment or makes short-payment or returns the goods in
respect of which the COMPANY has paid commission to the AGENT, the AGENT hereby undertakes
and covenants to refund the commission received for such products.
13. In addition to any other rights herein or under the law, the COMPANY shall have the right
at any time to give notice in writing to the AGENT terminating the Agreement forthwith if the
AGENT commits a breach of any of the terms herein or it does any act of insolvency or the
AGENT is prevented from performing his duties hereunder for 3 months for any reason
whatsoever or the AGENT is guilty of any conduct prejudicial to the interests of the COMPANY
or the AGENT purports to assign the burden or benefit or charge the benefit of this Agreement.
14. After termination of this Agreement the AGENT shall at his own expenses promptly
return to the company all samples, patterns, catalogues, advertising materials, specifications
and other materials, documents and papers relating to the business of the COMPANY which the
AGENT might have in his possession or under his control.
15. The waiver by the COMPANY of any breach of any of the terms of this Agreement shall
not prevent the subsequent enforcement of that term and shall not be deemed a waiver of any
subsequent breach.
16. There are no other promises, terms and conditions other than those contained in these
presents.
17. This Agreement shall be renewable after the expiry of three years on the terms and
conditions which might be mutually agreed upon.
IN WITNESS WHEREOF the parties have executed these presents on the day, month and year
first above-written.
Signed, sealed and delivered by Mr.
Mohit Sharma pursuant to Board Resolution
of XYZ Co. Ltd. dated 10th July2010 in
the presence of: Signature
Signed, sealed and delivered by Mr.
Kaushal Raj, the AGENT in the presence of:
Mr.Roger Mathew Signature

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