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LEASE AGREEMENT

This Lease Agreement (the “Agreement”) is entered into on ____ of


October 2022 (“Execution Date”)
BY AND BETWEEN

Adarsh Rajkumar Kashyap, S/o Late Sh. Rajkumar Chaudhary, by


occupation Business residing at ‘Shreefal’, Plot No.04, Chhatrapati Nagar,
Aurangabad - 431 001, Maharashtra, having Aadhar No. 2085 2835 3934
and PAN No.________________ for HIMSELF and as a CONSTITUTED
ATTORNEY for Atul Rajkumar Kashyap, S/o Late Sh. Rajkumar
Chaudhary and Krutika, D/o Late Sh. Raman Muley & W/o Atul Rajkumar
Kashyap all R/o ‘Shreefal’, Plot No.04, Chhatrapati Nagar, Aurangabad -
431 001, Maharashtra by virtue of Special Power of Attorney dated
_________, hereinafter referred to as “Lessor”, which expression, unless
repugnant to the context or its meaning otherwise shall mean and include
his legal heirs, successors and permitted assigns of the FIRST PART.
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AND

Mr. Bhupal Padmaji Arpal, S/o Mr. Padmaji Arpal, R/o Plot No.7,
Srinath Nagar, Jalana Road, Aurangabad, Maharashtra – 431001
(holding Aadhar Number 6434 9799 2189 and Indian Permanent
Account Number ___________), hereinafter referred to as “Lessee”,
which expression, unless repugnant to the context or its meaning
otherwise shall mean and include his legal heirs, successors and
permitted assigns of the SECOND PART.

Both the Lessor and the Lessee hereinafter collectively be referred to as


the “Parties” and severally as “Lessor” and “Lessee” respectively.

WHEREAS:

A. The Lessor is absolute owner and in possession of property


bearing Plot No.25 in “Aaradhana Co-operative Housing Society”,
Town Center, Sector P-1, CIDCO, S.No.3 (Part), Village Baijipura,
Taluka and District Aurangabad, admeasuring 234.00 square
meters along with the structure there upon admeasuring 221.00
square meters, hereinafter referred to as the “said property”.

B. The Lessee has approached the Lessor with proposal of


taking the said property on rent for the purpose of both for
residential-cum-office use for his business (insert the name &
details of the business) and the Lessor, in view of the request
as made by the Lessee and relying on the representations,
warrantees and assurances of the Lessee, has agreed to let
out the said property on rent from the date of execution of this
agreement, on terms and conditions set forth herein.
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NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY


AGREED BY AND BETWEEN THE PARTIES HERETO AS
FOLLOWS:-

1. That in consideration of the monthly rent as shall be paid by


the Lessee to the Lessor, the Lessor hereby conveys, grants
and demises unto the Lessee ALL THAT (Ground Floor, First
Floor and open spaces) situated at Plot No.25 in “Aaradhana
Co-operative Housing Society”, Town Center, Sector P-1, CIDCO,
S.No.3 (Part), Village Baijipura, Taluka and District Aurangabad
inclusive of all easement rights to use for residential-cum-office
use in the manner as may be suitable/ convenient to the Lessee
within the ambit of applicable statutory provisions, for a total Term
of 11 months from the date of execution of this Agreement, which
may be extended for further period subject to mutual written
consent with a provision to increased rent @ 10% after every one
years.

2. That the Lessee in consideration of the above Lease as granted in


its favour, shall pay to the Lessor, a monthly rent of Rs. 60,000/-
per month (Rupees Sixty Thousand per month) in advance, which
shall be paid to the Lessor on or before the 7 th day of every
calendar month, the above said rent shall be payable to the Lessor
for a period of 11 consecutive months from the date of execution of
this Agreement i.e. from ____ of October, 2022 till 30 th of
September, 2022, the day of immediately preceding the date of
hand over date.
3. The Lessee hereby convents with the Lessor to pay Rs. 6,00,000/-
(Rupees Six Lacks only) as the reserved lease security in advance
on the date of signing of this Agreement which shall be refundable
only after adjustment of all the recoverable amounts that will accrue
on the date of determination of this agreement in whatsoever
manner as mentioned under this lease deed.

4. That the Lessee doth hereby covenants with the Lessor as follows:
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(a) To pay to the Lessor the rent hereby reserved on the days and
in the manner aforesaid;

(b) To pay the charges for the electricity & water consumptions in
respect of the demised premises as shown by separate meters
installed in the premises.
(c) To permit the Lessor and his agents at all reasonable times
upon reasonable notice to enter upon and view & inspect the
conditions of the demised premises.

(d) Not to carry on or permit to be carried on in or upon the demises


premises any unlawful business/ activities and also not to do or
permit to be done upon the demised premises anything which
may be a nuisance to any adjoining or neighbouring premises.

(e) To surrender and yield up to the Lessor the demised premises


at the expiration or earlier determination of the Term hereby
created, in such state & conditions as the same now are
together with all fittings & fixtures, reasonable wear & tear and
damage by fire, earthquake, tempest, violence or
army/mob/riots, civil commotion or other irresistible force
excepted.
5. That the Lessor doth hereby covenants with the Lessee as follows:

(i) The Lessee paying the rent hereby reserved and performing
and observing the covenants, conditions and stipulations on its
part herein contained, shall and may peacefully hold and enjoy
the demised premises during the Term of this Agreement
without any interruption or disturbance from or by the Lessor or
any other person or persons whatsoever;

(ii) To pay and discharge all rates, taxes, assessments, cesses,


rents, impositions and outgoings whatsoever, whether
Municipal or otherwise, which now are or may hereafter
become imposed or charged upon the demised premises any
payable by the owner or occupier in respect thereof, save and
except the charges for electric & water consumptions as
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hereinbefore provided in Lessee’s covenants. Provided that if


the Lessor fails to pay the said taxes, assessments etc. as
mentioned herein, the Lessee may pay the same and deduct it
from the rent payable by it to the Lessor and such deduction(s)
shall not for any purpose be deemed a default in payment of
rent;

(iii) To execute at its own cost all necessary repairs to the demised
premises and also to white or colour wash the interior and
exterior of the demised premises, if so required;

(iv) That the Lessee shall be entitled to hang up and display


signboards and advertisements upon or against the wall of the
demised premises;

(v) That the Lessee shall be entitled at its own cost to erect
wooden or other partitions, counters, collapsible gates, electric
& sanitary and other fittings, air-condition equipment and other
conveniences to suit itself and to fix or support them on the
walls, floors, ceilings, beams, exclusively & only on the Ground
Floor of the said premise of the demised premises as may be
required by the Lessee or conveniently running its office &
business on Ground Floor of the said premise and the Lessee
shall be entitled on expiry or earlier determination of the Lease
to remove all such structures, fixtures & fittings provided the
Lessee shall repair the damages that may be caused to the
demised premises on account of such removal;

6. That it is being agreed by both the Parties to this Agreement that


the Lessee shall pay to the Lessor a monthly rent of Rs. 60,000/-
per month (Rupees Sixty Thousands per month) for the above
Lease from the handover date, which shall commence from
01.10.2022 and be payable to the Lessor in advance without any
hindrance, during the subsistence of this Agreement, till the
termination or cessation of this Agreement by efflux of time i.e. till
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30th September 2023 or otherwise if the Agreement is extended


further or terminated earlier, as the case may be, and this payment
may not be stopped or reduced within this time period for any
reason. That further, subject to terms of this Agreement, if any
delay is caused by the Lessee in payment of rent under the
provisions of this Agreement beyond 30 days from its due date, the
same shall be compensated by the Lessee @12% of simple
interest per annum on the due rent, which shall be calculated from
the date of the rent so being due till the day of its final payment.

7. That it is further being agreed by both the Parties to this Agreement


that if the rent reserved on any part thereof shall be in arrears for a
period of 03 (Three) months after the respective dates hereinabove
appointed for payment thereof or if there be any breach by the
Lessee in the performance or observance of any covenants &
conditions herein contained on the part of the Lessee to be
observed and performed and the same be not rectified within 03
(Three) months from the date of such default or breach, in such
event it shall be lawful for the Lessor at any time thereafter to re-
enter upon the premises or any part thereof in the name of the
whole and the Lessee hereby created shall then absolutely cease
and determine without prejudice to any other rights which either
party may have against the other.

8. TERM AND TERMINATION

8.1 This Agreement shall be valid and effective for a period of 11


months commencing from the date of execution of this
Agreement i.e. from 07th Day of October, 2022 and shall
terminate automatically on 6 th Day of September, 2023 by
efflux of time (“Term”), unless terminated earlier in
accordance with the terms of this Agreement or extended in
writing, by mutual consent of both the Parties.
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8.2. The Term of this Agreement may be extended in writing, by


mutual agreement with modification between the Parties for
up to a period as may be agreed upon amongst the Parties
to this Agreement from the expiry date of the Lease Term.
The extension of the Term by mutual consent shall
commence on the day following the day on which the Term
expires and shall be on the such terms as set forth in this
Agreement agreed agreed amongst the Parties.

8.3. The Lessor shall have the exclusive right to terminate this
Agreement at its sole discretion, in case of the conditions
that the objective of this Agreement becoming impossible to
achieve or otherwise without assigning any specific reason
thereof.

8.4. Additionally, the Lessor shall further have the unfettered right
to terminate this Agreement in case of breach/ violation of
any of the provision of this Agreement by the Lessee if the
situation is not remedied within 30 days of being notified of
the violation by the Lessor, provided the notice is received by
the Lessee within a 10 days of the occurring of the breach/
violation.

8.4.1 Effect of Termination/ Cessation

i. This Agreement shall continue to be in force until


terminated in accordance with the terms of this
Agreement or at the end of any subsequent renewal
of the Term thereto.

ii. The termination of this Agreement shall not relieve


any Party of any obligation and/ or liability accrued to
the date of termination including but not limited to
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immediate repayment of the entire arrear rent amount


by the Lessee to the Lessor.

iii. The termination/ cessation of this Agreement pursuant


to any of the provisions of this Agreement shall not
limit or otherwise affect any other remedy (including a
claim for damages etc.), which the Lessor may have,
arising out of the event which gives rise to the right of
termination.

8.4.2 Post Termination/ Cessation Obligations

Upon the termination/ cessation of this Agreement,


the Lessee shall:

i. leave the demised premises within 30 days


from the date of termination/ cessation in the
same condition as it was at the time of
execution of the Agreement, subject to normal
wear and tear.

ii. remove its materials & goods from the demised


premises within such 30 days or as mutually
agreed between the Parties.

iii. Pay the Terminal Value amount to the Lessor


within 01 (one) month of termination of the
Agreement by the Lessee

9. HANDOVER (BACK TO LESSOR) OF DEMISED PREMISES

9.1 The Lessee shall, at the end of the Term, unless renewed
subsequently or terminated earlier in accordance with the
terms of this Agreement, hand over vacant possession of the
demised premises to the Lessor within 30 days or as may be
agreed amongst the Parties, subject to expected normal
wear and tear and pay the Terminal Value to the Lessor as
applicable.

9.2 In the event of failure on part of Lessee handover the


demised premises to the Lessor in accordance terms
mentioned above then the Lessee will be liable to reimburse
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the Lessor all the losses and expenses, including the costs
of recovery, borne by it.

10. REPRESENTATIONS AND WARRANTIES

10.1 MUTUTAL REPRESENTATIONS AND WARRANTIES:-

Each Party represents and warrants to the other Party that:

i. Each Party has the power and authority to execute


and deliver the Agreement.

ii. All the obligations undertaken by each Party under the


Agreement are legal, valid and binding obligations
and are enforceable against them.

iii. The execution, delivery and performance of this


Agreement by each Party will not conflict with or result
in any material breach or violation of any of the terms
and conditions of, or constitute (with notice or lapse of
time or both) a default under, any instrument,
Agreement or other agreement to which such Party is
a party or by which such Party is bound.

iv. The execution and delivery by each Party of this


Agreement and the performance by such Party of its
obligations contemplated in this Agreement have
been duly authorised by all necessary actions of such
Party.

10.2 REPRESENTATION AND WARRANTIES OF THE LESSOR:

i. The demised premise is owned both legally and


beneficially by the Lessor.

ii. Subject to provisions as stated under this


Agreement, the Lessor is in actual use or control
of the demised premises and no right of
enjoyment, Vacant Possession, Encumbrances
has been acquired by or is in the course of being
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acquired by any Person or has been granted or


agreed to be granted to any Person.

iii. Each of the facilities of the demised premises has


been acquired and maintained in compliance with
Applicable Laws, regulations, Leases and
approvals. The Lessor is not aware of any
pending or likely Change in Laws or regulations,
which may adversely affect the demised
premises/ facilities.

iv. There are no actions, suits, proceedings, inquiries


or investigations pending or threatened against
the demised premises at law or in equity before
any court or before any other judicial, quasi
judicial or other authority, the outcome of which
may result in the breach of or constitute a default
of the Lessor under this Agreement or which
individually or at the aggregate may result in any
material adverse effect on the business,
properties or assets or the condition, financial or
otherwise, or in any impairment of the demised
premises.

v. The Lessor is duly authorised to hand over the


Vacant Possession free from Encumbrance
together with the necessary Easementary Rights
to the Lessee in accordance with the terms of this
Agreement.

vi. There are no third party rights of use or otherwise


that affect the demised premises or any part
thereof.

vii. The Lessor shall observe and comply with their


respective obligations set forth in the Agreement.
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viii. Any information, whether written or oral, provided


by the Lessor to the Lessee is in good faith and
with due regard to the matters for which demised
premises is required by the Lessee.

ix. The Lessor shall cooperate with the Lessee and


the Lessee’s authorised representatives to enable
the lawful use of the demised premises by the
Lessee.

CONFIDENTIALITY
11. INDEMINFICATION

Without prejudice to and in addition to the


indemnification provisions elsewhere in this Agreement:

11.1 That under the provisions and during the


subsistence of the Agreement, for its own
business purposes and use, the Lessee may
obtain all necessary Govt. or third party
permissions, sanctions, licenses, permits etc.
subject to statutory provisions, the Lessee hereby
undertakes and assures to the Lessor that the
Lessee shall act in line with the rules and
provisions of the said permissions, sanctions,
licenses, permits etc. and shall fulfil all
responsibilities as entailed in the said
permissions, sanctions, licenses, permits etc. and
be fully accountable for any mistakes or
omissions in fulfilling the said responsibilities.
Further, the Lessee shall indemnify defend and
hold harmless the Lessor and further shall keep
indemnified the Lessor and their representatives
promptly upon demand at any time and from time
to time, from and against any losses and
expenses to which the Indemnified Persons may
become subject, insofar as such Losses or
Liabilities arise out of negligence or commission/
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omission of any act of the Lessee in fulfilling any


responsibilities entailed in such use of Govt. or
third party permissions, sanctions, licenses,
permits etc. This indemnity shall survive the
cessation of this Agreement.

11.2 Further the Lessee assures to the Lessor that


without prejudice to any other indemnification
provisions elsewhere in this Agreement, the
Lessee shall indemnify, defend and hold harmless
the Lessor and further shall keep indemnified the
Lessor and their representatives promptly upon
demand at any time and from time to time, from
and against any losses and expenses to which
the Indemnified Persons may become subject,
insofar as such Losses or Liabilities arise out of
any litigations, claims or compensations resulting
from any big or small accidents, deaths, loss of
life, loss of body parts, other incidents that may
occur in the demised premises or related to the
demised premises, during the subsistence of this
Agreement. This indemnity shall survive the
cessation of this Agreement.

11.3 The Lessee also hereby undertakes to indemnify,


defend and hold harmless to the Lessor and their
representatives in case of any liability for all
known and unknown liabilities, penalties, awards,
compensations, damages, expenses, litigations,
claims or obligations of the Lessee including
those from any third party and including but not
limited to all statutory and legacy dues, arising in
connection with any negligence or wilful
abstention, omission or commission of any act by
the Lessee or Lessee’s failure to fulfil any terms
and conditions contained in this Agreement.

12. SURVIVAL
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12.0 It is expressly stated that the provisions of the


Confidentiality Clause shall survive 03 (three)
years after any termination or expiry of this
Agreement.

12.1 It is expressly stated herein that the provisions of


this survival clause and any other provision under
this Agreement providing for any indemnity shall
survive any termination of this Agreement.

12.2 The termination/ expiry of this Agreement shall


not relieve either Party of any obligations
hereunder, which expressly or by implication,
survive the expiry or prior termination of this
Agreement, and except as otherwise provided in
any provision of this Agreement expressly limiting
the liability of either Party, shall not relieve either
Party of any obligations or liabilities for loss or
damage to the other Party arising out of or
caused by acts or omissions of such Party prior to
the effectiveness of such termination/ expiry or
arising out of such termination/ expiry.

12.3 The provisions of the clauses so intended to


survive the cessation of this Agreement and bind
the Parties, shall survive and so bind the Parties
hereto.

13. DISPUTE RESOLUTION

13.1 Any and all disputes or differences between the


Parties arising out of or in connection with this
Agreement shall, so far as it is possible, be
settled amicably between the Parties.

13.2 If after thirty (30) days of any dispute as so


arising, the Parties fail to reach an amicable
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settlement, the dispute shall be resolved by way


of arbitration proceedings in accordance with the
Arbitration & Conciliation Act, 1996 (as amended
or re-enacted). The venue of arbitration shall be
Aurangabad (MH). The language of the
proceedings shall be in English. The arbitration
panel shall consist of one Arbitrator to be
appointed jointly by the Parties, failing which in
accordance with the procedure prescribed under
the Arbitration & Conciliation Act, 1996. The
Arbitral Award shall be final and binding upon the
Parties hereto. Each Party shall bear its own
costs and expenses for the dispute resolution
mechanism as hereto.

14. MISCELLANEOUS

AGREEMENT RELATIONSHIP OF THE PARTIES

i. Agreement: This Agreement shall not be


interpreted or construed or deemed to create any
joint venture, agency, employer-employee
relationship or partnership between the Parties for
any purpose or to entitle any Party to commit or
bind any other Party in any manner. The Parties
have entered into this Agreement as independent
Agreementing parties on principal to principal
basis. No Party shall enter into any Agreementual
or legal obligations with a third party on behalf of
the other Party.

ASSIGNMENT
ii. This Agreement shall be binding upon and shall
inure to the benefit of the Parties hereto and their
respective successors and duly permitted
assigns. The Lessee shall not without prior written
consent of the Lessor, assign this Agreement or
any of its rights or obligations hereunder to any
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third party. Any such purported assignment shall


be void.

ENTIRE AGREEMENT, MODIFICATIONS, HEADINGS.


iii. This Agreement constitutes the entire agreement
between the Parties concerning the subject
matter hereof.

iv. All previous documents, undertaking and


agreements, whether verbal, written or otherwise,
between the Parties concerning the subject
matter hereof are hereby cancelled or suspended
and shall not affect or modify any of the terms or
obligations set forth in this Agreement, except as
the same may be made part of this Agreement in
accordance with its terms, including terms of any
of the Schedules.

v. No oral or written modification, amendment,


rescission, waiver or other change of this
Agreement or any of its terms or provisions shall
be valid or legally binding on the Parties, unless
made in writing and duly executed by or on behalf
of both the Parties, including without limitation,
any purported modification, amendment,
rescission, waiver or other change of this Clause
itself.

vi. Headings in this Agreement are for convenience


only and shall not affect the interpretation hereof.

15. WAIVER

The failure of either Party to insist upon strict adherence


to any term of this Agreement or any occasion shall not
be considered a waiver of any right thereafter to insist
upon strict adherence to that term or any other term of
this Agreement. Any waiver must be made in writing.
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16. NOTICES

i. All notices and communications required to be


given under this Agreement by one Party to the
other shall be in writing, subject to proof of
dispatch and in English and shall be addressed to
the relevant addressee Party at the address given
below or at such address as it may from time to
time notify in writing:

1. The Lessor:
Attn.: Mr. Adarsh Rajkumar Kashyap
Sriphal, Aurangabad

2. The Lessee:
Attn.: Mr. Bhupal Padmaji Arpal,
S/o Mr. Padmaji Arpal,

ii. All such notices and communications shall be


sent either by postal mail or by overnight courier
(if for inland delivery) or international courier (if for
overseas delivery), subject to proof of dispatch.

17. APPLICABLE LAWS

17.1 This Agreement shall be governed by and


construed in accordance with the laws of the
Republic of India.

17.2 Subject to final Arbitral Award, the courts of


Aurangabad, Maharashtra shall have exclusive
jurisdiction to adjudicate any matters arising in
connection with this Agreement.

18. SEVERABILITY
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18.1 The validity of remaining clauses, provisions,


terms and parts of this Agreement shall not be
affected by a court, administrative board or other
proceeding of competent jurisdiction deciding that
any clause, provision, term or part of this
Agreement is illegal, unenforceable, void in
conflict with any law or contrary to public policy.

18.2 In such event, the Parties shall, by amendment of


this Agreement, properly replace such provision
by a reasonable new provision or provisions
which, as far as legally possible, shall
approximate to the closest possible extent what
the Parties intended by such original provision
and the purpose thereof.

19. COSTS AND EXPENSES

Each Party shall be responsible for its own costs and


expenses in connection with the Agreement, including
applicable fees charged by their respective advisors and
consultants. Further, in case of registration of this
Agreement, each Party shall bear half of the total
registration cost and other expenses as may be incurred
in due course of registration of this Agreement.

20. COUNTER PARTS

This Agreement may be exchanged electronically and


executed in one or more counterparts, each of which so
executed will be deemed an original and such
counterparts together shall constitute one and the same
instrument.

21. SPECIFIC PERFORMANCE

21.1 The Parties shall be entitled to seek and enforce


specific performance of this Agreement, in
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addition to any other legal rights and remedies


without the necessity of demonstrating the
inadequacy of monetary damages.

21.2 Either Party to this Agreement may (a) extend the


time for performance of any of the obligations or
other acts of the other Party, (b) waive any
inaccuracies in the representations and
warrantees of the other Party contained herein or
in any document delivered by the other Party
pursuant hereto or (c) waive compliance with any
of the conditions of the other Party contained
herein. Any such extension or waiver shall be
valid only if set forth in an instrument in writing
signed by the Parties. Any waiver of any term or
condition shall not be construed as a waiver of
any subsequent breach or a subsequent waiver of
the same term or condition, or a waiver of any
other term or condition, of this Agreement. The
failure of any party to assert any of tis rights
hereunder shall not constitute a waiver of any
such rights.

22. ASSIGNMENT
Neither Party shall assign or sub-Agreement its rights
and/ or obligations pursuant to this Agreement except
with mutual consent of the Parties written agreement
thereto.

23. INTELLECTUAL PROPERTY RIGHTS

Nothing herein shall be construed or deemed, as


transfer of any rights and/ or permission to use, any
intellectual property rights including but not limited to
such as logos, trade-marks, names, graphics, business
names, patents, copyrights etc., owned (whether
registered or capable of registration) by a Party to the
other Party. Each Party shall be the owner of and shall
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continue to be holder thereof, of its intellectual property


and any rights thereof.

IN WITNESS WHEREOF, the Parties hereto have cause this


Agreement to be executed by their respective duly authorised
signatories as of the dates first above written.

Lessor Lessee

Witness Witness
1. Name_________ 1. Name _______

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