AGREEMENT OF LEAVE AND LICENSE OF COMMERCIAL

PREMISES

THIS AGREEMENT OF LEAVE AND LICENSE made and executed at

Mumbai on this _____ day of ________ 2023

BETWEEN

SMT. MUKTABEN KUNVERJIBHAI TANK, holder of Permanent

Account No. AACPT4239Q and Aadhar No. __________________________ , adult aged

about ____ years, Occupation Housewife , Indian Hindu inhabitant of Mumbai, having her

permanent residential address at Block No.18, Fifth floor, Sundaram Apartment CHS.

Ltd.,Ramchandra Lane , Malad (west), Mumbai 400 064 and present address 201, Ruia

Allianze, Liberty Garden Road No.2, Liberty Garden, Malad (west), Mumbai 400 064,

hereinafter referred to as “ the LICENSOR “ ( which expression unless it be repugnant to

the context or meaning thereof shall mean and include her son SHRI BHARAT

KUNVERJIBHAI TANK, her daughter Smt. DAKSHA PRAKASH RATHOD, as her

nominee, and/ or her legal heirs, executors , administrators , and assigns) of the FIRST

PART,

AND

XYZ , ………. , hereinafter referred to as “ the LICENSEE” ( which

expression shall mean and include only licensee above named.) of the OTHER PART.

(A) WHEREAS the Licensor is the lawful Owner of COMMERCIAL PREMISES bearing

SHOP No.7, admeasuring about 333 Square Feet Carpet area in “B” Wing on the

Ground Floor of the Building known as KALYAN APARTMENTS in the KALYAN

APARTMENTS C.H.S. LTD., situated at Junction of Bhailalbhai Jhaverbhai Patel Road

and Marve Road, Malad (west), Mumbai 400 064 on Plot of Land bearing Surve No.23,
 Hissa No.4 (Part),bearing corresponding C.T.S.No.732 of Revenue Village Malad

( North), Taluka Borivali , Mumbai Suburban District, and duly assessed by Municipal

Corporation of Greater Mumbai under Municipal “ P-North “4590 (2) and 4591 Ward

(hereinafter referred to as “ the SAID SHOP PREMISES“).

(B) AND WHEREAS the Licensee is in need of suitable Premises to run his/her/their

business of _______________ , and he/she/they has/have approached the Licensor and

requested the Licensor to allow him/her/they to use and occupy the Said Shop Premises

admeasuring __325_____ Square Feet Carpet area, temporarily for period of _(____)_

Thirty ______ months on Leave and License basis ITH EFFECT FROM 1st Day of

_____, 2023 till ___ day of ______, 20__ for the purpose of carrying on his/her/their

business activities.

(C) AND WHEREAS considering the request of the Licensee and further assurance and

undertaking to vacate the Said Business Premises on expiry of leave and license term or

premature termination and locking period of AT LEAST ______ ( ______ ) MONTHS,

the Licensor has agreed to allow the Licensee to use and occupy Said Business Premises

temporarily for a period of ( ___ ) Thirty _____ months on the terms and conditions

hereinafter mentioned ‘

(D) AND WHEREAS these present is being executed between the parties for a period of ____

( Thirty ___ months) only with effect from , 1st day of ________, 2023 and further it shall

be at sole discretion of the Licensor to renew the benefits of the Agreement for a further

term, however further renewal has to be effected by a Separate Agreement and same shall

be duly stamped and registered as and when executed, if any, as per Government Rules

and Regulations prevailing on date of execution of FRESH AGREEMENT.

-: NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:-

1) That the LICENSOR hereby grant leave and license to the LICENSEE to use and

occupy the Said Shop Premises admeasuring ______ Square Feet Carpet area (as shown

surrounded by RED COLOURED BOUNDRY LINES) for the purpose of carrying on

authorised business activities and for no other purpose in any manner whatsoever and as

recorded in recital clauses to run the business of ____________ under the name _________.

2) The Licensor hereby allow the Licensee to use and occupy the Said Business

Premises on LEAVE and LICENSE basis for a period of (36) Thirty Six months without

creating any tenancy right or any other right/s, title or interest to the Licensee with effect

from 1st day of ______, 2023.

3) The LICENSEE shall pay to the LICENSOR a sum of Rs.__,______ /- ( Rupees

_____ only ) per month as and by way of compensation and/or license fees for the

permission to use and occupy the Said Business Premises which shall be paid in advance on

or before 5th day of each succeeding calendar month ( IN ADVANCE ) . And it is agreed and

understood between the parties that first of such payment shall be made by the Licensee to

the Licensor simultaneously with the execution of these presents. The said amount of

compensation and/or license fees shall be increased after period of every 12 (Twelve) months

and accordingly the Licensee binds himself/herself/themselves to contribute amount of

Monthly compensation and/or license fees as under:-

From To Months Compensation

01-__-2023 xx-xx-202x xx Rs._____________

01-__-202x xx-xx-202x xx Rs._____________

01-__-202x xx-xx-202x xx Rs._____________

And as stated in forgoing clauses the Licensee has to run the business and use

the Said Business Premises for a period of at least initial 12 months (i.e. Lock in Period) and
thereafter the Licensor and the Licensee has liberty to terminate these presents by giving

notice of ATLEAST ONE MONTH.

4) The Licensee has kept deposit with the Licensor INTEREST FREE SECURIT

DEPOSIT of Rs._____________ /- (Rupees ___ only.) which amount shall be refunded

without interest by the Licensor to the Licensee simultaneously with the Licensee vacating

the Said Business Premises and handing over quite , vacant possession of the said premises to

the Licensor as well as clearance of updated Electric consumption charges and up to date ( up

to date of vacating ) amount of agreed license fees and/or compensation.

5) The Licensee hereby covenants with the Licensor as follows:-

(a) The said Shop Premises consisting of has two entrances (i.e. the Front door and

back door). The Licensor shall have full control and dominion over the Said Shop Premises

and shall be entitle to check entry and exit of the persons of the Licensee, his bonafide

servants, employees and visitors etc.

(b) The Licensee shall not do or cause to be done in the Said Premises anything which

any be a nuisance or a source of injury or annoyance to the Licensor or any other Occupants/

Members of the said Society or in any way interfere with the quiet or comfort of any other

occupants of the said building or of the neighboring building or which may cause damage to

the said licensed Premises or the said building / or any part thereof;

( c ) The Licensee shall not use the Said Premises or any part thereof , nor permits or

suffer the same to use for any illegal , immoral or improper purposes nor cause or permits or

suffer to be done upon the Said Premises or any part thereof , anything which may offend

against any law, notification , rules or regulations made by Government or the Municipality

or any local public body or any authority whatsoever or which may prejudicially affects the

interest of the Licensor in the Said Premises. The Licensee further undertakes to obey the
Rules and Regulations of the License Department of the P (North) Ward, M.C.G.M. and local

authorities and has assured the Licensee not to violate any local las or statue.

(d) The Licensee shall permit the Licensor and /or agents and servants to enter into

the Said Premises for the purposes of viewing and inspecting the condition of the Said

Premises and for the purpose of affecting such repairs as the Licensor may think fit and

proper of the Said Premises at any time at her will and wish.

(e) The Licensee shall permit the representatives of the Said Society with prior

permission for viewing and inspecting the condition of the Said Premises and the Licensee

hereby agrees to sign and execute necessary letters or writing as may be required by the Said

Society from time to time.

(f) The Licensee shall not be entitled to assign or sub-assign or sub-license or permit

any other person or persons to use and occupy the Portion of the Said Premises or any part

thereof by any mode or agreement whatsoever or part with the possession of the Said

Premises. And violation of any terms set forth herein shall be ground for the Licensor to

terminate or rescind these presents prematurely.

(g) The Licensee shall at the expiration of the term hereof or on sooner determination

of the term hereof or on sooner determination of the license herby created, discontinue use

and occupation of the Said Premises and deliver the Said Premises to the Licensor without

claiming any right, title or interest of any nature whatsoever under any statutory provisions

for the time being in force.

(h) Not to claim any tenancy right or any other right superior to that of the Licensee

and in the Maharashtra Rent Control Act, or any other Act and / or any other enactment, if

any, superior rights are conferred on the Licensee, not to claim the same.

(i) At all times during the said term to keep the Said Premises of the Licensor herein

and appurtenances thereto in good condition.

 (j) Not to make, erect or permit or suffer to be made or erected on the portion of the

Said Premises or any part thereof, any structural alteration or additions in or to the Said

Premises or any other alterations which would affect or injure the structural walls of the Said

Premises.

(k) The Licensee shall not being in or store or keep in any part of the Said Premises,

any hazardous goods or goods of explosive nature or store illegal articles of goods in the Said

Premises.

6) It is hereby agreed by the Licensee that immediately on the termination of this

license , the Licensee shall remove himself , his belongings, staff, agents and servants and

will have to handover vacant and peaceful possession of the Said Premises to the Licensor.

7) It is hereby agreed between the parties hereto that at all times the possession of the

Said Premises shall be of the Licensor alone and the Licensee have only the right to use and

occupy the Said Premises.

8) This License is personal to the Licensee AND NOT TRANSFERABLE and he shall

not under any circumstances transfer wholly or partly the benefit of this license to any other

person.

9) On expiration of the said term period of the license or earlier termination thereof , the

Licensee shall handover vacant and peaceful possession of the Said Premises to the Licensor

or her Successors in the same good condition in which the Said Premises now exists and the

Licensor shall refund the Interest Free Security Deposit to the Licensee after deducting

therefrom amount of any pending Electricity bill/s payable by the Licensee, unpaid monthly

compensation and un-repaired major damages done in the Said Premises. The Licensees’

occupation of the Premises after such termination will be that of a TRESSPASSER. In the

event of default being made by the Licensee to hand over possession of the Said Premises on
the termination or expiry of license, the Licensee shall be charged at the rate DOUBLE THE

DAILY AMOUNT OF COMPENSTION PER DAY till vacating the Said Premises.

10) It is further agreed between the parties hereto that the statutory payment on these

presents such as Stamp Duty, according to latest enactment , Registration Fees and

miscellaneous expenses shall be borne and paid by both the parties equally, i.e. 50% each.

11) THE LICENSOR HEREBY COVENANTS WITH THE LICENSEE AS FOLLOWS:

a) The Licensor shall allow the Licensee to use and occupy the Said Premises with

effect from 1st _________, 2023 till 3_ , ___________, 20___ ( 36 months) on which date

this agreement shall automatically terminate and come to an end.

b) The Licensor shall be solely responsible for and shall bear and pay all present and

future Municipal taxes, duties, raised by the Society, Society’s charges and outgoing levies

and other outgoings and all other amounts payable pertaining to the Said Premises including

if any, charges demanded by the Society as NON OCCUPANCY CHARGES. However any

additional levies or taxes on account of license created hereunder or in future any new taxes

introduced by any local or government authority shall be borne and paid by the Licensee

only,

12) IT IS HEREBY MUTUALLY AGREED BY AND BETWEEN THE PARTIES

HERETO AS FOLLOWS:

(a) The Licensor shall be in judicial possession of the Said Premises and the Licensee

shall be in occupation of the said Premises as the Licensees in terms of this agreement. It is

the intention of the parties hereto that the legal possession and control of the Said Premises

shall always remain exclusively with the Licensor

(b) Nothing in these presents shall be deemed or construed to confer any interest or

right of tenancy , sub-tenancy , lease or sub-lease if favor of the Licensee in respect of the

Licensor in terms of this agreement.

 (c) That the Licensee shall not claim any tenancy right under the Maharashtra Rent

Control Act or in any other act for the time being in force, as the Licensee is merely the

Licensee of the Licensor in terms of this agreement.

(d) That there is no intention between the parties or create the relationship of the

landlord and tenant by executing this agreement.

( e ) Notwithstanding anything herein contained the Licensor shall be entitled to

terminate this agreement, if the Licensee is prohibit d from carrying on any activity in India

by the Government of India or the State Government under any law in force in India and the

Licensee shall remove himself with his belonging and discontinue use and occupation of the

Said Premises and deliver the Said Premises to the Licensor.

(f) With effect from 1st day of ______, 2023 and of fit out period, the Licensee shall

pay Electricity charges according to bill electricity consumed in the Said Premises as per the

bills submitted by the concern authority and shall handover the paid bills to the Licensor for

her records also hand over the Society maintenance bills, letters and notices if it is dropped in

the Said Premises. In the events electricity company disconnect electric supply in the Said

Premises then the same shall be restored by the Licensee at his own costs and expenses and

shall indemnify and keep indemnified and keep indemnified the Licensor from and against

any loss or damages that may be caused to the Licensor as per mutually decided between the

Licensor. That the Licensor has allowed the Licensee to use the Said Premises with effect

from 1st __________, 2023 to carry out furniture and redone of the Said premises, as per his

need, of the Said Premises and accordingly the Licensee will have to pay electricity

consumption charges for the said period

(g) On the event of the Licensee make any damages to the Premises or any part

thereof, the Licensee shall make good, replace or compensate for the same, except reasonable

wear and tear.

 (h) Neither party shall be liable for any event of Force Majeure which is beyond the

reasonable control of such party, an Act of God – fire, flood , natural disaster , act of war, riot

and lock down declared by the Government Authority also the Licensor is not liable for any

theft , damage or injury caused to any person related to the license caused due to riots,

lockdown, fire, rain , leakage and breakage and from any cause of whatsoever nature. It is

further agreed by both the parties that no one will have claim of any amount or any other

nature in situation of loss or any other matter/circumstances faced in the premises.

(i) That, in case of any delay beyond 10 days from due date in payment of license fees

in any two consecutive months also subject to the condition of the Lock-In-Period ( if any),

if the Licensee commits default in regular and punctual payment of monthly compensation as

herein before mentioned or commit/s breach of any of the terms, covenants and condition/s 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 The Licensee shall be

entitle to terminate this agreement by giving ONE MONTH NOTICE .

13) In the event of there being any dispute or differences between the parties hereto, or

any person claiming by or under them as to any clauses or provisions of this agreement, or as

to the interpretation thereof or as to the rights, liabilities , acts or omissions any party hereto

arising from or relating to the Agreement or on termination thereof , such dispute or

differences shall be referred to ARBITRATION in accordance with the provisions of

Arbitration and Conciliation Act, 1996 or any Statutory re-enactment or modification

thereof for the time being in force . The award of such arbitrator/s shall be final and binding

on the parties hereto.

14) The Original of this Agreement (Registered Copy) shall be retained by the Licensor

and Duplicate (True Copy) thereof by the Licensee.

15) The Licensor shall hand over Duplicate set of keys of the Said Premises to the

Licensee and Original set of keys shall remain with the Licensor.

16) On the expiration of he said term period of the license or earlier termination thereof

the Licensee shall handover vacant and peaceful possession of the said licensed premises to

the Licensor or her successors in the same condition in which the PREMISES exists and the

Licensor shall refund the INTEREST FREE SECURITY DEPOSIT to the Licensee after

deducting therefrom amount of any pending Electricity bill/s payable by the Licensee, unpaid

monthly compensation and un-repaired major damages done in the Said Premises. The

Licensees’ occupation of the Premises after such termination will be that of a

TRESSPASSER. In the event of default being made by the Licensee to hand over possession

of the Said Premises on the termination or expiry of license, the Licensee shall be charged at

the rate DOUBLE THE DAILY AMOUNT OF COMPENSTION PER DAY till vacating the

Said Premises and or alternatively the Licensor shall be entitle to remove the Licensee and

his belongings from the license Premises without recourse to the Court of Law.

: SCHEDULE OF THE PREMISES:

THE SHOP PREMISES No.7, admeasuring about 333 Square Feet Carpet area in “ B

“ wing on the Ground Floor in the ‘ KALYAN APARTMENTS’ in the KALYAN

APARTMENTS CO-OPERATIVE HOUSING SOCIETY LIMITED, situated at Junction of

Bhailalbhai Jhaverbhai Patel Road and Marve Road, Malad ( west), Mumbai – 400 064 on

Plot of Land bearing Survey No.23, Hissa No.4(Part), bearing corresponding C.T.S. No.732

of Revenue Village Malad ( North) , Taluka Borivali, Mumbai Suburban District , and duly

assessed by Municipal Corporation of Greater Mumbai under Municipal “ P – North “ Ward.

 IN WITNESS WHERE OF the parties here to have hereunto set and subscribed their

respective hands and seals the day and year first hereinabove written.

SIGNED AND DELIVERED by the )

Within named “the LICENSOR “namely )

SMT.MUKTABEN KUNVARJI TANK )

In the presence of ……… )

1.

2.

SIGNED AND DELIVERED by the )

Within named “the LICENSEE “namely )

____________________________ )

In the presence of ……… )

1.

2.

RECEIPT

RECEIVED OF AND FROM the within named ________________________ ( the

Licensee) sum of Rs. _______________ ( Rupees _______________ only) by *Cheque /

NEFT / RTGS / UPI No. _______________________________ drawn on

___________________________________________________________ in favor of SMT.

MUKTABEN KUNVARJI TANK , towards INTEREST FREE SECURITY DEPOSIT .

● Subject to Realisation of cheque.

I SAY RECEIVED

SMT. MUKTABEN KUNVARJI TANK

WITNESSES

1.

2.

Summary of Post Dated Cheques

Name of Licensor : __________________________________________

Name of Licensee : __________________________________________

Cheques drawn in favour of _______________________________________________

Name of Bank ____________________________________________________________

Branch ___________________________________________________________________

Sr. Month Chq. Date Chq. No. Amount

No.

10

11

12

Total Cheques __________________