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CONSULTANCY AGREEMENT

This Consultancy Agreement made at Kolkata this 12th day of March, 2024
BETWEEN
Mr Biswajit Majumder, S/o Mr ______________, an individual residing at
_______________________, Coochbehar, West Bengal, Pin: _______
hereinafter called "the Buyer
AND
Mr. Suranjan Bhattacharyya an individual residing at 65, Unique Park,
Behala, Kolkata - 700034 hereinafter called "the Consultant"
WHEREAS the Buyer is carrying on the business of real estate, and
trading
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AND has appointed the Consultant to assist and advise the Buyer in
Procurement of Branded Company Franchisee in two premises of
the Buyer and a Foreign Liquor On-Shop Licence in The Buyer’s
Name in the city of Coochbehar.
NOW THE BUYER HEREBY APPOINTS the Consultant on the following
terms and conditions

1) Term
The term of this Agreement shall start from the effective date of 12 th
March 2024 and will be in effect for Six (06) months unless this
Agreement is terminated earlier in accordance with Clause 5 herein.

2) Consultant’s Services, Duties and Obligations (Services)


A) Services shall mean the obligations, duties and services to be
provided by Consultant under this Agreement. In this case, the duty
of the consultant is to research, identify, travel, meet, negotiate
and make way for procuring various branded company’s franchisee
for the Buyer at the Buyer’s premise as given by the Buyer. His
duty is also to Procure a Foreign Liquor On-shop Licence for the
Buyer in the Buyer’s name. The Consultant needs to carry out all
processes like online form filling, meeting representatives of various
brands, make site visit in Coochbehar and finally getting all the job
done with due responsibilities and diligence.
B) Consultant will perform the Services in a timely and professional
manner, consistent with industry standards, at a location, place and
time that Consultant deems appropriate, and all in accordance with
this Agreement. The manner and means that Consultant chooses to
perform the Services are in Consultant’s sole discretion and control.
C) Consultant, in consultation with Buyer, will determine the method,
details, and means of performing the work to be carried out for
Company. In addition, Buyer shall be entitled to exercise a broad
general power of supervision and control over results of work
performed by Consultant to ensure satisfactory performance. This
power of supervision shall include the right to inspect, stop work,
make suggestions or recommendations as to the details of the
work, and request modifications to the style of work.

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3) Compensation
A) In consideration of the Consultant providing the Services specified
herein the Buyer agrees to pay to the Consultant a fee of INR
300000 (INR Three Lakh Only) as mobilization & consultation fee to
be paid as:

1. INR 25000 (INR Twenty-Five Thousand Only) at the time of


signing of this agreement against which the Consultant will start
the work of negotiating with the Brands for Franchisee.

2. INR 50000 (INR Fifty Thousand Only) at the time of online


submission of the application for the Foreign Liquor On-Shop.
This will be done sitting at the Buyer’s place in Coochbehar. For
this purpose, The Consultant will visit Coochbehar in person. The
travel cost (2AC Train Fare), hotel stay and fooding of the
consultant has to be taken care by the buyer.

3. INR 150000 (INR One Lakh Fifty Thousand Only) at the time of
finalization of Brand’s Franchisee and signing of agreement
between the buyer and the Brand company. This can happen at
Coochbehar or at Kolkata, wherever seemed necessary.

4. INR 75000 (INR Seventy-Five Thousand Only) the day when the
client receives the approval letter for the On-shop License from
the Exercise Department of the Government.

5. In addition to the above, the Buyer also agrees to pay for the
Consultant’s Air/Road Travel and reasonable accommodation
expenses on actual for the Consultant’s travel and stay to
Coochbehar, as many times as required by the Buyer.

B) The Consultant shall secure the initial payment of INR 25000 (INR
Twenty-Five Thousand Only) paid by the Buyer, by giving a Post
Dated Cheque of same value, vide Cheque No _________ dated
__________ from his personal account which is 90 days from the
date of payment by the Buyer, subject to the fact that the Buyer
can encash this cheque in case the above said order is not executed
in favour of the Buyer in the stipulated 90 days from the date of
payment. The Buyer will return the cheque mentioned above to the
Consultant on the date finalization of the Franchisee Agreement or
the day the online application for On-shop is submitted, whichever
is earlier.

4) Relationship Between The Buyer and The Consultant


Consultant is an independent contractor, is not an agent, or employee of
the Buyer and is not authorised to act on behalf of the Buyer. While the
Buyer is entitled to provide Consultant with general guidance to assist

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Consultant in completing the Services to Buyer's satisfaction, nevertheless
Consultant is ultimately responsible for directing and controlling the
performance of the task comprising the Statement of Work, in accordance
with the terms and conditions of this Agreement

5) Termination
A) This Agreement shall come to an end on the date set out in clause 1
unless the Agreement has been terminated prior to that date or has been
renewed by the parties for a period beyond that date. This Agreement
may be terminated prematurely:
i) by mutual consent given in writing and signed by both the parties
hereto, or
ii) by either party at will; or
iii) without cause having been given by not less than 2 (two) months
notice in writing delivered by hand or by registered post with
acknowledgement taken, to the other party; or
iv) by the Buyer upon 2 (two) months notice in writing to the Consultant,
or
v) in the event that the Consultant is adjudged insolvent or utilises the
services of any person or firm unacceptable to the Buyer, or
vi) if the Consultant violates any of the obligations under this Agreement.
B) In the event of expiration or earlier termination neither party hereto is
liable for any reason arising from the termination, expiration or non-
renewal of this Agreement, to the other for compensation, reimbursement
or damages.
C) On termination of this agreement before delivery of the above
mentioned works at the Buyer’s site, the Consultant will refund the entire
Consultation Fees paid by the Buyer at the time of signing of this
agreement, back to the Buyer after deduction of all costs incurred by The
Consultant in actual (bills produced) till the date of the Termination.

6) Miscellaneous
A) Governing Law: This Agreement will be governed by the Honourable
courts of Kolkata or Coochbehar in the State of West Bengal, India.
B) Entire Agreement: This Agreement sets forth the entire agreement
and understanding between the Buyer and Consultant relating to the
subject matter herein and supersedes all prior discussions between them.
No modification of or amendment to this Agreement, nor any waiver of
any rights under this agreement, will be effective unless in writing signed
by the party to be charged. Any subsequent change or changes in
Consultant's duties, salary or compensation will not affect the validity or
scope of this Agreement.
C) Severability: If one or more of the provisions in this Agreement are
deemed void by law, then the remaining provisions will continue in full
force and effect.

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D) Notices: All notices provided for in this Agreement shall be given in
writing and shall be effective when either served by hand delivery,
electronic facsimile transmission, express overnight courier service, or by
registered or certified mail return receipt requested addressed to the
parties at their respective addresses set above.

WITNESS WHEREOF the parties hereto have hereunto set and subscribed
their respective hands the day and year first hereinabove written.

SIGNED AND DELIVERED by the within


named Buyer Mr. Biswajit Majumder

SIGNED AND DELIVERED by the within


named Consultant Mr. Suranjan Bhattacharyya

in the presence of

1. ___________________________

2. ____________________________

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