You are on page 1of 15

1

AGREEMENT FOR LEASE

This AGREEMENT TO LEASE is made on this, the day of ______ Day of


________________ in the year 2024 between (1) MR. UTTAM KUMAR of CHANDA (having
PAN AEWPC1833M and Adhaar no. 3585 9797 6971) son of Ashwini Kumar Chanda (2) MRS.
KAKALI CHANDA (having PAN AFZPC8273M and Adhaar no. 2156 7752 1338) wife of
Uttam Kumar Chanda and both residing at AB/66/4, Prafulla Kanan, Keshtopur, Rajarhat, P.S.
Baguihati, Kolkata-700101, North 24 Parganas and both by caste Hindu by nationality Indian and
both hereinafter jointly called and referred to as "LESSORS/OWNERS" (which expression shall
be deemed to mean and include each of their legal respective heirs, executors, administrators,
legal representatives, successors in office and/or assigns) of the ONE PART
2

AND

'M/S. Great Eastern Hire Purchase Pvt. Ltd., a company registered under the Indian Companies Act,
1956 (having PAN: AABCG1740K) and having its registered office at 20, Old Court House Street,
Kolkata 700001, represented by its Authorized Signatory Mr. Mahendra Kumar Baid son of Late
Punam Chand Baid hereinafter called the "LESSEE" (which expression will be deemed to include
his/her legal heirs, executers, administrators, representatives and assigns) of the FIRST PART:

WHEREAS:

A. That both the Lessors hereto (being the "Land Owners") by virtue of the following two registered
deeds of Sale, purchased and became absolutely seized and possessed of the aggregate 'Bagan' land
(subsequently converted to Bastu by the Lessors) measuring 5 Cotttah comprised in a divided and
demarcated portions of R.S. Plot no. 716 recorded under R.S. Khatian No. 839 measuring 5 Cottah in
Mouza Doharia, J.L. No.45, P.S. Madhyamgram (Old Barasat), District South 24 Parganas and within
the local limits of the Madhyam Gram Municipality (in short "Land Owners/Lessors Property"):-

(i) Deed of Sale dated 14.03.2017 executed by Ranjan Kumar Sarkar and Others as the Vendors and
the Lessors hereto thereto as Purchasers and registered with the ADSR, Barsat, North 24
Parganas bearing Deed No. 150301517 2017 with regard to 2 Cottah 8 Chittak Land land (being
earmarked as Plot No. 'F'); and

(ii) Deed of Sale dated 11.05.2017 executed by the said Ranjan Kumar Sarkar and Others as the
Vendors and the Lessors hereto thereto as Purchasers and registered with the ADSR, Barsat,
North 24 Parganas bearing Deed No. 150302776 2017 with regard to 2 Cottah 8 Chittak Land
land (being earmarked as Plot No. E).

(iii) The said Lessors property was previously recorded as holding no. 379, Jessore Road, East
Bankimpally, jointly with other plots, but subsequently separately assessed as Re-assessed as
Holding nos.377/5 (bearing Assessee no. 1202601295609) & 377/7 (bearing Assessee
no.________________ ), Jessore Road South, respectively, but both holdings subsequently
merged as common Holding bearing Holding no.377/5, Jessore Road South, within ward no.10
of the Madhyamgram Municipality and both Holdings were duly mutated in the name of the
Lessons hereto in respect of the Lessors Property and Lessors remained absolutely seized and
possessed of the Lessors Property as the full and absolute owners thereof. Subsequently both the
holdings were merged as common Holding bearing Holding no. 377/5, Jessore Road South
(hereinafter called and referred as the 'Said Property').

B. That the said Lessors intending to Develop and commercially exploit the Lessors Property/Said
Property being land measuring 5 Cottah, prepared a commercial cm residential building plan and
applied for and duly obtained permission/sanction from the said Madhyamgram Municipality vide
Plan Sanction No. COM-15/MM/2023-24 dated 09.06.2023 (valid for 3 years) and commenced
construction of the new basement plus five storied commercial cum residential building (consisting
of a Basement-as parking. Ground floor as commercial, first floor as commercial and further upper
three floors as residential and with the roof above (now under incomplete condition) on the said
Property having the absolute right and authority to sell, lease, let out/rent out and or transfer of their
shares or allocation or otherwise transfer (temporary or permanent) part or the entirety of the said
New Building to prospective persons or company. The said basement plus five storied building
situated on the land at the said Property is now under construction process and pending completion
(hereinafter referred to as the 'Said New Building').

C. That the Lessors, out of their own will and volition and after retaining the upper residential
floors/portions for their other purposes, intended to lease out the commercial portions of the said
New Building (comprising of the entire ground floor measuring 1406 sq. ft. and entire first floor
measuring 2113 sq. ft.) aggregately measuring 3519 sq. ft. (having separate internal and external
3

access) together with utility right on the roof above in the said new building (presently pending
completion) constructed on the land at the said Property for commercial purpose as approved and
sanctioned by the Madhyamgram Municipality The said commercial portion of the new Building
having commercial approval from the said municipality and comprising of the entire Ground floor
and entire first floor aggregately measuring 3519 sq. ft. is hereinafter collectively referred to as the
‘Leased Premises/Demised Premises' and which said Demised Premises/Leased Premises
(having direct access from the main road (Jessore Road) of 80 feet' connecting the said Demised
Premises) the Lessors willfully intended to lease out the same to a prospective Lessee and such
portion is the subject matter of Lease hereunder.

D. The Lessors assured declared and covenanted that the said Demised Premises belonging to the Lessors
is presently under completion and finishing works are in progress (being the Said Leased Premises
or Demised Premises) and is also commercially approved and sanctioned by the said
Madhyamgram Municipality and the Lessors have legally constructed the said New Building and the
Demised Premises is fit for commercial use of the Lessee and the said Leased Premises/Demised
Premises is however free from all Encumbrances including mortgages, charges, liens, lispendens,
attachments, leases, tenancies, constructional defects, occupancy rights, uses, debutters, trusts,
acquisition, requisition, alignment, claims, demands and liabilities of whatsoever or howsoever
nature (hereinafter referred to as "Encumbrance/Encumbrances") and the Lessors are in khas
vacant peaceful possession thereof and the Lessors have a clear and marketable right title and interest
in respect of the Said Leased/Demised Premises and Lessors, are fully sound competent and legally
entitled to lease out the same for commercial purposes without any hindrance objection or claim
from any third party or their predecessor or any of the government authority or any person or body
corporate together with delivery of khas peaceful vacant possession thereof on terms and conditions.

E. The Lessee on the other hand is engaged in the wholesale/retail chain business of dealing in sale of
electronic products/goods including home appliances and allied products under its registered name
and style of 'M/s Great Eastern Trading Co. (a Unit of Great Eastern Hire Purchase Pvt. Ltd.).

F. The Lessors hereunder as above intended and desired to lease out the Said Leased Premises/Demised
Premises comprising of the entire Ground floor and entire first floor together with utility equipment
& signage installation right on the roof above and. The Said Leased Premises/Demised Premises
including utility right on roof all situated at the said divided and demarcated portions of R.S. Plot no.
716 recorded under R.S. Khatian No. 839 measuring 5 Cottah in Mouza Doharia, J.L. No.45, P.S.
Madhyamgram (Old Barasat), District South 24 Parganas and presently separately assessed as
Holding nos.377/5 (bearing Assessee no.1202601295609) & 377/7 (bearing Assessee
no._______________), Jessore Road South, subsequently merged and renumbered as holding no.
377/7, Jessore Road South, within ward no.10 of the Madhyamgram Municipality is the subject
matter of Lease granted hereunder and the Lessors have voluntarily agreed to let out the demised
premises (upon completion of the said commercial portions of the said new building and in complete
form as stated below) on Lease to Lessee for Lessee's commercial use and occupation.

G. The Lessee, upon knowing the desire/intention of the Lessors, have thereafter approached to the
Lessors to lease out the said commercial portions/floors of the New Building (presently under
completion) being the Said Leased Premises/ Demised Premises (consisting of the entire ground
floor and entire first floor containing an aggregate area of 3519 sq. ft.) together with the exclusive
right of easement ingress and egress benefit on lease for an initial period of Nine (09) years for
lessee's commercial use coming into effect from commencement date and such commencement date
shall commence/start after completion of the 90 days rent free fit out period (to be accounted from
possession date) and simultaneously upon completion of remaining works of the demised premises
by the Lessors and the Lessors have agreed to complete the Demised Premises and deliver
possession of the demised premises within maximum 60 days from execution hereof and thereafter
the 90 days of rent free fit out period shall be calculated from such date of delivery of possession of
the demised premises (expectedly by and to such offer the Lessors have voluntarily and
unequivocally agreed and accepted the said offer of the lessee on payment of monthly rent and on the
following terms and conditions and mutual discussions hereinafter appearing.
4

NOW THIS AGREEMENT WITNESSETH THAT IN CONSIDERATION OF MUTUAL


PROMISES AND COVENANTS CONTAINED HEREIN THE PARTIES HAVE
MUTUALLY AGREED, UNDERSTOOD, CONFIRMED AND DECLARED AS FOLLOWS:-

Subject to the terms and conditions contained herein, this lease agreement regarding payment of rent
shall come strictly into effect within from commencement date, which date shall be considered after
completion of 90 days of rent free fit out period (such fit out period shall commence after delivery of
khas vacant peaceful possession of the Leased/Demised Premises to the Lessee within 60 days from
execution hereof as also mentioned below):-

1. That within maximum of 60 days from execution hereof (execution date) (i.e. expectedly by
______________) the Lessors shall complete and deliver the Khas peaceful vacant possession
of the Leased/Demised Premises (Possession Date) in complete form from the present
incomplete condition and in the manner as agreed hereunder. That a period of 90 days therefrom
shall be considered and deemed to be as the rent free fit out period for internal changes and
modification by the Lessee.

2. That the said period of 90 days from possession date, shall be deemed to be rent free fit out
period when the Lessors shall allow the lessee to carry out their interior decorations, utility
installations works and other internal changing layouts and arrangements for commencing of its
retail/ wholesale/other business. Then after the completion of the said rent free fit out period of
90 days, the actual lease shall commence in terms of payment of rent i.e. from Commencement
date (monthly rent shall become accountable from such commencement date). The
commencement date shall under agreed situations start after completion of rent free fit out
period of 90 days and such date shall be notified amongst the parties in writing.

The lease, for the purpose of rent, however shall come into effect from the 'commencement
date' (after completion of fit out period of 90 days to be counted from the possession date). It is
agreed that within 60 days from the execution hereof the Lessor shall complete and deliver
vacant possession of the demised premises with all amenities and facilities including those as
provided in clause 11 hereunder. After the completion of said rent free fit out period of 90 days
from the possession date, subject to delayed possession, the monthly lease rent shall be
accounted for and become payable every month by month and continue for an initial period of
nine (09) years there from subject to the parties complying with the respective covenants and
obligations and the same shall be automatically renewed for another like period on fresh mutual
terms of the parties and upon execution of fresh deed and documents. This lease shall continue
to be in force and binding upon both the parties for an initial period of nine (9) years from the
commencement date (expectedly to be from _______________ and ending on
______________). If under any circumstances the Lessors cause delay and fail to deliver vacant
possession of the Demised Premises on possession date with agreed amenities within 60 days
from the date hereof then the Lessee may have the sole option either to extend the time for
delivery of possession OR rescind/cancel the contract and be entitled to claim immediate refund
of all the amounts including those paid to the Lessors and those invested on the demised
premises with interest and damages thereon till the date of such cancellation of the Lease
agreement and to such covenant the Lessors voluntarily agree and assure and declare to be
bound by the same. In case of time extension by Lessee for delivery of possession, the 90 days
rent free fit out period and Commencement date and payment of rent shall also defer
accordingly.

3. Subject to the Provisions of clause 14 (a) hereto, the Lessors shall not otherwise be entitled to
terminate this agreement under any circumstances save and except only in case of default in
payment of monthly rental for more than 03 consecutive months. In the event of such
termination for default in rent as above the Lessee shall deliver the possession of the demised
premises to the lessor and the Lessor shall forthwith refund the entire security deposits advances
and other amounts received by them after deducting the overdue amount of monthly rent,
5

electricity charges, etc. if any, but if the security deposit advances and/or any payments or part
thereof remains due and non-refunded to the Lessee forthwith, then the lessee shall continue to
hold and occupy and have charge over the demised premises and remain in possession of the
same without payment of any rent till full and final refund of the security deposit and other
amounts thereof. However, both the parties have mutually agreed that the termination of the
Lease agreement owing to rental default of Lessee shall be subject to provisions of clause 14 (a)
hereinafter mentioned.

4. The Lessors agree to handover the khas vacant peaceful possession of the Demised Premises to
the Lessee within 60 days from the date of execution hereof (i.e. on Possession Date) with basic
agreed facilities of water, electricity, internal stair case, bathroom together with the installations
of certain agreed facilities, items and changes (including those as mentioned in clause 11 below)
all at the sole costs and expenses of the Lessors, save those specifically agreed to be borne by
the Lessee.

5. The lease period, after completion of rent free fit our period, and payment of monthly rental shall
however become calculable from commencement date i.e. expectedly from __________ and
shall continue for nine (9) years therefrom. Any delay or deferment in such dates shall be
communicated by the parties through letters to each other and mentioning such changes and
delays and such communications shall be treated as supplemental part of this agreement for all
intents and purposes of this agreement, however the delays shall always be subject to acceptance
of the Lessee.

6. The Lessee shall, for the Commercial use of the Demised Premises, pay to the Lessors (in the
name of Lessors in equal shares) the fixed agreed monthly rent of Rs. 2,50,000/-(Rupees two
lacs Fifty thousand) only, excluding GST. The said rent shall be payable by the tenth (10) day of
every following month by A/c payee cheque/demand draft/RTGS/NEFT or as may be requested
by the Lessors against valid rent receipts. TDS as applicable on monthly rental amount from
time to time shall be deducted at source prior to the payment of such monthly rent. Except the
said monthly rent (after deduction of TDS) and payment of lessee's own utility bill/charges, the
Lessee shall not in any manner be liable to pay any additional amount and the said monthly rent
shall be inclusive of all external, internal major structural expenses and maintenance
charges/repairs, water charge, and sweeper charges for outside area, commercial charges and
property taxes payable to competent municipal authority relating to the commercial use and
occupation of the said Demised Premises by the Lessee and the Lessee, save the said monthly
rental charges (i.e. Rs.2,50,000/-) shall not in any manner be liable to pay any other additional
amount of money in the name of any internal and/or external structural and/or maintenance
and/or repairs of any nature, commercial charges to competent authority, etc. However the day
to day dusting, cleaning, upkeep, etc. in the inside or interior of Demised Premises shall be done
by the Lessee at its costs. However it being clarified that the Trade License and commercial
business licenses as may be required by the lessee for its business shall be obtained by the
Lessee at its costs.

7. The monthly lease rental shall be increased @ 10% on the last paid rent amount reserved
hereunder after the successful completion of every 3 years (3 years to be calculated from
commencement date, subject to possession date and commencement date) during the term of the
lease agreement of the demised premises. The First of such increment shall expectedly be from
the month __________ 2027 subject to any deferment in possession date of the demised
premises and commencement date of Lease.

8. In addition to the monthly rent hereby reserved, the Lessee shall pay to the Lessors, a total
aggregate sum of Rs. 10,00,000/- (rupees ten lacs) only being (i) Rs.7,50,000/- (rupees seven
lacs fifty thousand) towards interest free Refundable security deposit to remain held with
Lessors and refundable at the time of completion or termination of the Lease Agreement without
any deduction and (ii) Rs.2,50,000/- (rupees two lacs fifty thousand) towards advance
adjustable monthly rental. The said refundable Security deposit and advance adjustable rent
aggregating to Rs.10,00,000/- shall be paid to the Lessors (in equal shares) in the manner
6

mentioned as follows:

Stage / Condition for Payment Security Deposit Amount Payable


(payable to lessors one-half equally )

Payable and / or paid at or before Rs. 5 Lacs being amount equivalent to


execution date of this Agreement. two month’s rental.

On Delivery / Handover of the Balance Rs.5 Lacs being amount


Demised premises by the Lessors to equivalent to two month’s rental.
Lessee in complete form with Note: The payment of this amount shall
amenities including those mentioned defer automatically if there being any
in clause 11 mentioned here under. delay in handover of possession of the
Demand Premises and thus such amount
shall be paid simultaneously with the
delivery of possession of the demised
premises.

8A. The said Adjustable advance rental Deposit of Rs.2,50,000/- (rupees two lacs fifty thousand)
shall become entirely adjustable from the very first monthly rental from the commencement
date (i.e. 100% of the rent reserved shall be adjusted in the first month itself). After adjustment
of the said entire advance rent from the first monthly rental, the rent payable on and from the
second month shall be the said agreed amount of Rs.2,50,000/- subject to terms hereof. In case
if the said adjustable deposit amount remains unadjusted at the time termination of this lease,
the same shall be refunded alongwith refundable security deposit by the Lessors to Lessee
forthwith upon such termination failing which the withholding possession of the demised
premises by Lessee and other conditions as mentioned in clause 8-B below shall apply.

8B. The Refundable Security Deposit of Rs.7,50,000/- shall be refunded by Lessors on completion
of the period of lease and/or renewal thereafter or its earlier termination in terms hereof. The
said refundable security deposit will be refunded simultaneously against the Lessee handing
over vacant and peaceful possession of the said demised premises to the Lessors, on
completion or early termination/determination of this Agreement. The Lessors herein shall be
jointly responsible for refund of the entire amount of security deposit after deducting the due
amount of monthly rent, electricity charges etc., if found due on such termination otherwise
not, to the Lessee at the completion or earlier termination of the Lease Agreement failing
which the demised premises shall continue to be held and remain charged and possessed under
the lessee till such refund without any rent payable during such charge period. However the
Lessee shall be allotted 15 days rent free time to clean up its stocks and valuables upon
anywise termination and delivery back of possession.

9. The monthly rent payable, as agreed and mentioned before, shall be inclusive of all major
internal and external structural maintenance, commercial licensing approval of demised
premises/permits charges, water charges/repairs, sweeper charges, toilet maintenance and also
including all nature of municipal/government/commercial taxes and other property rates and
taxes related to demised premises and all such property taxes rates and other charges related to
demised premises, arrear present and future, shall be payable by the Lessors and the Lessors
shall be responsible for the same and keep the lessee save and indemnified in that regard.
However obtaining Trade license for the Lessee's business and the day to day dusting and
cleaning of interior parts of demis premises and all such property taxes rates and other charges
related to demised premises, arrear present and future, shall be payable by the Lessors and the
Lessors shall be responsible for the same and keep the lessee save and indemnified in that
7

regard. However obtaining Trade license for the Lessee's business and the day to day dusting
and cleaning of interior parts of demised premises shall be done by Lessee at its costs.

10. The Lessee shall have right to use all the common areas, setback areas, open passages in the
front of the said new building/demised premises available and including those to be provided
herein like in common areas, installations and appurtenances appurtenant to the demised
Premises during the lease period. Portions of common areas, setbacks and open (including those
open spaces in front of the Demised Premises) areas shall be used by the Lessee. The Lessors
moreover shall also be exclusively entitled to utilize the space in front of the demised premises
for parking of their vehicles for their goods loading and unloading propose.

11. The Lessors, as agreed and entirely at their own costs and expenses, shall complete the said
incomplete works of the Demised Premises in the said new building into final form and provide
the same along with the following amenities and constructions to the Lessee for its commercial
use and purpose positively within possession date:-

I. Rolling shutters on the ground floor frontage area and collapsible (Channel) gate on the
first floor frontage area to be provided by Lessors at their costs. Further the said shutters
and collapsible gates shall be painted with silver colour.

II. The Frontage area of Ground and first floor to be fitted, in full height, with transparent
toughened glass having 12 mm thickness. The Ground floor Glass gate shall be of 7 feet
wide and divided into two parts;

III. A New internal Stair case (connecting the ground floor to first floor only) having 4.5 feet
width to be made by the Lessors for the exclusive use by Lessee. The stair cases (stepping
and landing) shall be fitted with granite slabs and hand railing to be made of Stainless
Steel.

IV. Floorings of the demised premises shall be fitted with Glazing vitrified tiles (having size
of 2.5 feet X 2.5 feet) of good standard and durable quality and stair case also to be fitted
Granite.

V. Arrangement of 24 hours water supply from the concerned municipal authority to the
over-head tank and then to all necessary parts of the demised premises and bathroom in
the demised premises. The Lessors agree to maintain the hygiene of the said water to be
supplied.

VI. Ready to use bathroom (common) to be made at the space chosen by the Lessee on the
back side of the New Building (Outside the demised premises) and to be fitted with
complete sanitary fittings (commode, urinal, wash basin, etc.) and 24 hours running water
for the exclusive use by the Lessee and/or its men agents customers, etc.

VII. The Lessee shall also be entitled to install DG Set (moveable) outside the demised
premises and the Lessee shall also entitled to use portions of the roof of the Demised
premises (with unhindered access) for installation of DTH (minimum 02 numbers).

VIII. Lessors shall initially arrange to provide Supply of Electricity connection with load of
upto 35 KVA at the Demised Premises at the instant or latest within the possession date
or maximum within first 30 days of the fit out period of the Said demised premises. The
Lessors shall, at their own costs, also arrange and provide to Lessee a further additional
load of 10 KVA from the competent authority, if such increase is permitted by the
authority. In failure of Lessors to procure the said 35 KVA electricity connection within
the said stipulated time, the monthly rent payment shall not commence irrespective of
completion of fit our period.
8

IX. The inside walls and ceilings of the entire demised premises shall be finished with wall
Putty, primer and acrylic premium paint.

X. That both the floors of the Demised Premises shall be provided in a single hall like
manner without any partitions inside in order to enable the Lessee to divide and sub
divide the same as per its business requirements. All the windows and the likewise open
portions on the walls shall be closed by brick and masonry works.

XI. The Lessors shall at their costs and expenses shall also apply arrange and obtain fire NOC
with regard to the demised premises for the commercial use of the Lessee.

XII. The beautification works of the entire outside portion of the said new building and
demised premises shall be done by the Lessors at his costs.

XIII. Any other additional decorative work other than those mentioned above, as may be
required by the Lessee, may be done by Lessee at Lessee's cost.

XIV. The Lessor hereby further allows and grants and permits the Lessee to cause changes in
layout (temporary and without causing any harm to the main structure of the demised
premises) inside the demised premises from the vastu point.

12. The Lessee hereby agrees to the following covenants:

a) That the Lessee shall at its option and at its own costs, charges and expenses carry out minor
decorative changes and maintain (limited to day to day cleaning and dusting) the inside of the
demised premises in good condition. Lessee as per its usage will also maintain all the electrical
fittings, sanitary and water connection in working order (reasonable wear and tear accepted) as
provided by the Lessors inside the demised premises.

b) That Lessee will not make any permanent construction or structural addition/ alteration to the
demised premises. But the Lessee will be at liberty to decorate the interiors and make temporary
partitions and cabins, counter rooms and other necessary fixtures and fittings such as Air
Conditioner indoor fittings with outdoor work lighting and others which will be removed without
any damage to main structure of demised premises by the Lessee at the time of vacating the
premises at the end of this lease period or after completion of the renewal thereof.

c) Save and except the commercial and/or official use of the Demised premises, it will neither carry
on any offensive trade or business nor keep any inflammable or hazardous articles, save its
electronic products, at the demised premises.

d) The Lessee shall use the Demised Premises in the lawful manner and abide by all the relevant
rules and provisions for running the commercial business and shall bear and pay the business
related charges and outgoings to the competent authority directly.

e) The Lessee shall not sub-lease the said demised premise to any other third party save and except
involvement of its sister concern companies to whom space or table for installation & display of
their products may be allotted in the demised premises for branding and brand expansion
purposes and lessors shall not object to the same.

f) The Lessee agrees for timely payment and discharge of its utility bills and expenses relating to its
utilities like telephone, electricity, etc. (relating to Lessee's usage inside the demised premises as
per the actual bill raised by the concerned authority on actual basis), and any other useable utility
consumed in the demised premises directly to the concerned authority. Further as per the
necessity of increase in electricity load due to use of the Lessee the Lessors shall, at their costs,
also obtain such further increase (ie. minimum 10 KVA) of load from the respective authority and
shall maintain the same throughout on their own cost.
9

g) Not to hold the Lessor or owner, responsible or liable for any loss or damage suffered by the
Lessee or its employees, servants, agents, its visitors on account of any theft caused in the
demised premises or any part thereof. The Lessee may secure the same through its private
security guards and darwans.

13. Lessors hereby agrees to the following covenants:

a. The Lessors have represented and confirms that the title of the demised premises (as
contained hereinbefore) is clear, marketable and free from any or all encumbrances howsoever
and whatsoever and the said new building/Demised Premises (under completion) constructed
over the said Property is commercially approved by the competent authority and legally fit
durable and stable for commercial use by the Lessee. The Lessors agree to keep saved
harmless and indemnified and shall continue to indemnify the Lessee during the Lease period
against all suits, action and proceedings and all costs, claims, charge, expenses, losses
damaged, liabilities, fines, and penalties incurred and suffered by or caused to or levied or
imposed on the Lessee from and out of all defects or third party claims in title or action,
claims, suits, and proceedings relating to the defect in title of the Lessors or any bar in
commercial usage of the demised premises or faulty construction thereof, if any of those may
affect the lease and/or business of the lessee and the if Lessee suffers loss and damage thereof
then the Lessors shall be liable to compensate the Lessee upon the damage claimed and
demanded by the Lessee.

b. The payment of all present as well as future Property taxes, rates, surcharges, cess and
assessment in respect of the entire said property /demised premises payable to any
Corporation/Government/Municipality/ or any other local or civic authorities will be paid by
the Lessors only and the Lessee shall not be liable for any amount arising (past, present or
future) thereby.

c. Lessors at their costs, ensure to provide, within the stipulated time mentioned hereinbefore,
uninterrupted supply of the electricity connection of 35 KVA (upgradable to further 10 KVA
limit as Lessor's costs) in the demised premises. However, the monthly utility charges of
Electricity, as per the actual bills based on meter readings, shall be borne by the Lessee.

d. Lessors agree that the Lessee shall be entitled to use the portions of the roof top of the
demised premises for installation of Air conditioner outdoor machines, internet and other
utility instruments or equipment mentioned hereinbefore and Lessors shall further have no
objection for running noise free generator at any time.

e. Lessors shall cooperate and sign such papers, forms and documents as may be required by the
Lessee for obtaining/installing telephone connections and other necessary utilities and/or
permits/trade licenses at the demised premises including any other works morefully required
by Lessee for the purposes of this lease.

f. Lessors shall further not object to fixing and display of Brand signage, glow sign board or
such similar signboard bearing the name of the corporate logo of the Lessee either inside or
outside the demised premises or both, including the main entrance of the showroom up to
desirable limit from Ground floor and/or first Floor up till second floor's window level (i.e.
signboard to go above the first floor ceiling height and till the second floor's window's base
level) of the said new building as per their requirement subject to compliance by Lessee of
statutory permits/norms.

g. The Lessors shall not object to all time movements of the members of the Lessee, its
nominee/s their employees, representatives, servants, agents, and workmen having business
with any of them and their visitors, customers and clients for the purpose of free ingress and
egress to and from the main entrance of the demised premises and to other common portions
of the said premises at anytime during the day on 24X7 basis.
10

h. The Lessors do hereby further covenants with the Lessee that on the Lessee paying rent
hereby reserved the Lessee shall peaceably have leasehold right and use and enjoy the entirety
of demised premises for its business purpose for the said term hereby granted without any
interruption objection claim charges (except for payment of monthly rent reserved and utility
charges as above) from or by the Lessors or the Land Owner or any person or persons
claiming under or in trust for the Lessor.

i. While making temporary changes inside the demised premises, the lessor shall facilitate and
solve any objection raised by any local authority / government/Local person or body.

j. The Lessors hereby further declare that they has not received any notice for acquisition or
requisition or acquisition for alignment of road or other from any government, semi-
government, revenue or statutory authority or concerned Municipality or any other body or
authority under the Municipal Corporation Act or Land Acquisition Act or Town Planning
Act or any other legislative enactments, ordinances, orders or notification has been received
by or served upon them concerning the said property in which demised premises is
constructed or is situated or any part thereof is included in any or published in scheme of
acquisition of improvement of the Municipality/Government body or public body or authority.
If any acquisition or requisition or any encumbrance of similar nature is found or detected or
arises in future and the demised premises is affected by same, the Lessors shall be liable to
keep saved harmless and indemnify the Lessee against all losses and damages arising thereby
and compensate the Lessee as may be claimed and/or demanded by the Lessee.

14. AND IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS:

a. In any event if the demised premises or part thereof, at any time during the period of this
agreement, gets damaged or destroyed or becomes unfit for use or unusable for any reason or
by any force majeure events including earthquake, fire, tempest, act of God, act of
government, civil commotion, spreading of disease or pandemic or any other irresistible force
and situation that is under the ambit of Force Majeure, excepting structural damage that may
be caused due to weak construction and low quality materials used therein, and which
becomes beyond the control of parties or government so as to render the demised portion or
any part thereof substantially or temporarily or permanently unfit or unusable or hindered or
prohibited for use in any manner (including those mentioned events above) for the purpose
for which it has been given on lease, then no party will responsible for any damages and the
rent for such unusable or affected period till normalization or restoration by Lessors shall be
exempted by the Lessors unequivocally provided that if the business operations of Lessee
continue or resumes under such above situation then the rent of such business period shall not
be exempted. If in other case the demised premises is found to be unfit due to structural
defect or instability is detected or becomes unusable or hindered from use by any reason or
legally unfit or unlawful to be held and used for the purpose of this lease then in that event
the Lessee shall notify the Lessor in writing about such deficiency and defect and to rectify
the said breach within a period of 30 days and in failure whereof shall have the option, if
rectifiable, to rectify such breach through itself and adjust the costs and expenses from
subsequent monthly rentals or alternatively shall suo-moto have the right to terminate this
lease at any point and claim the refund of the entire Security deposit together with the
damages that may be caused to the lessee owing to any such misrepresentation of Lessors
relating to above factors.

b. The lessee may, terminate this agreement, by giving a 02 (two) months) prior written notice
to the lessor, intimating of its intention to terminate this agreement but without assigning any
reason. "Be it noted and clarified that the Lessor shall only have the right to terminate this
lease before full term only if the lessee commits 02 months (two months) consecutive rental
default as mentioned before and after given the lessee thirty (30) days' time via written notice
to rectify such rental default and if the said arrear of rent is paid within thirty days, as
aforesaid, from the service of such written notice then the Lessor shall not be entitled to
11

terminate this lease and the lease shall continue without interruption. In the other hand if the
Lessee fails to make good the rental default within the notice period of 30 days, then in that
situation the Lessors shall thereafter issue 02 months' notice to Lessee for vacating and
terminating the Lease and adjust the said default rental money from Security deposit held by
the Lessors.

15. On the expiry of the lease agreement or after renewal as herein contained the Lessors and the
Lessee shall meet for the simultaneous handing over the vacant possession of the demised
premises by the Lessee to the Lessor (to be evidenced by the return of the keys of the demised
premises to the Lessor) followed by the refund of security deposit by the lessors immediately.
However in the event of successful completion of this lease period the parties (applicable also on
the legal heirs and successors of the parties in the event of death of the parties during the lease
period) the Lessors shall solely decide the extension of this lease and the parties shall renew this
lease further for like term and upon execution of fresh documents under mutually agreed terms
and conditions.

16. Lessee may obtain adequate value all risks insurance for its assets and products inside the said
premises with third party coverage.

17. The Lessee shall have the right to take away its movable assets including merchandise,
refrigerators, products, stocks and other equipment, concessions equipment, and all other stocks
goods and assets from the demised premises on the determinations of the instant Lease or renewal
thereafter and handover date. Equipment, fixtures, fittings, signage, advertising materials and the
like if any, installed or exhibited by the contractors or advertisers appointed by the Lessee shall
also be permitted to be removed from the demised premises on or prior to the handover date
without causing any damage to the demised premises or any part thereof normal wear and tear
accepted.

18. That the Lessee and all the members of the company decided that Mr. _______________,
______________ of the company has been authorized to sign and execute all documents,
agreements, notices, letters, receipts etc. on behalf of the Company. If the said Mr.
________________leaves the company or is not available at any point of time by any reason the
successors in office of the Lessee will be eligible to sign and execute all documents, agreements,
notices, letters, receipts etc. on behalf of the Company but lessee have to give information in
written on event of this change.

19. This agreement cannot be modified, amended, waived, terminated or supplemented except in
accordance with its express terms and in writing executed by the Lessors and the Lessee and no
addition, alternation or modification hereto shall be valid or binding, unless the same are reduced
to writing and are signed by both the parties hereto.

20. If the Lessors wish to register this agreement under the Provisions of the Registration Act, then all
the legal charges (including Stamp Duty, Registration fees, lawyers charges, etc) shall Borne and
payable by the Lessors only.

21. The Parties agreed to resolve disputes mutually, if any connected with implementation of this
agreement or arising out of this agreement, by delivering a written request to another party for
such consultation and within shortest period as may be possible. In the event if the business of the
Lessee gets interrupted or withheld during such resolution of dispute, due to any of the acts or
activities or representations of the Lessors or any of them, then under those circumstances the
monthly rent payment shall be exempted for such period. In the event that the parties have been
unable to mutually resolve such dispute within a maximum period of 30 days from their respective
communication, then it will finally be settled by arbitration under the Arbitration and Conciliation
Act, 1996, as amended till date, by arbitrator/s appointed by mutual consent. The decision of such
arbitration will be binding and conclusive upon the parties and may be enforced in the jurisdiction
of Kolkata Court. The parties will bear their own cost of arbitration proceedings. The parties may
further be entitled to approach appropriate court of Law in the event if any party is not satisfied
12

with the decision of the appointed arbitrator.

22. All notices and other communications required and permitted under the provisions of this
agreement or by law to be served upon or to be given to a party hereto by the other party hereto
shall be in English language only and shall be deemed duly served or given if done:-

A. On the date of service, if served personally or sent by facsimile transmission/ Mail with
appropriate conformation of receipt, or

B. On the 7th day after service, if sent by a recognized courier/registered post/speed post with
acknowledgement due, addressed as follows:-

If to the Lessor: If to the Lessee:


(AS MENTIONED ABOVE) M/S Great Eastern Trading Co. ,
5th Floor,
20, Old Court House Street,
Kolkata- 700001
(as mentioned above)

If there by any change in the respective addresses of the parties, the parties shall intimate or
communicate to each other regarding such changes and keep their communication addresses
updated with each in such event.

23. The parties recognize and agree that nothing contained in this agreement shall be construed to
constitute a transfer of title property in the demised premises in favors of the Lessee. The Lessee
shall, except for having the leasehold right use and occupation of the Demised Premises for the
term mentioned herein not, at any time during the term, assert any ownership rights over the
demised premises, the Lessors shall have absolute right, title and interest therein and shall always
continue to have the legal and juridical/symbolic possession thereof exclusively and shall always
have, upon prior intimation on working hours, access to demised premises for the purpose of
inspection without hampering and disturbing the business of the Lessee and the Lessee is only
allowed and permitted as Lessee to use the demised premises during the subsistence of this
agreement for operating its business from the demised premises on leasehold/contract basis under
this agreement.

THE SCHEDULE ABOVE REFERRED


(Demised Premises)

ALL THAT the entire Ground floor and entire first floor (having total aggregate area of 3519 sq.
ft.) along with access on the roof and legally approved and sanctioned for commercial use by the
Madhyamgram Municipality (having direct access from 80feet road from the main road namely
Jessore Road to the said Demised Premises) and comprised in the said new three storied building
(presently undergoing completion works) constructed on the said Property having Land measuring
5 Cottah comprised in a divided and demarcated portions of R.S. Plot no. 716 recorded under R.S.
Khatian No. 839 measuring 5 Cottah in Mouza Doharia, J.L. No.45, P.S. Madhyamgram (Old
Barasat), District South 24 Parganas and within ward no. 10 of the Madhyam Gram Municipality
and now known and numbered as Holding no. 377/7, Jessore Road South, North 24 Parganas and
butted and bounded as follows:

On the North : By Portions of RS Dag no.716;

On the East : By Jessore Road;

On the West : By Portions of RS Dag no.718;

On the South : By Portions of RS Dag no.716.


13

IN WITNESS WHEREOF the parties have set their respective hands and seal to this
agreement of Lease on the day, month and year first herein above written.

SIGNED AND DELIVERED


By the said LESSOR
In the Presence of WITNESS ______________________

UTTAM KUMAR CHANDA

KAKALI CHANDA

(LESSORS)

EXECUTED By the said LESSEE

In the presence of WITNESS _______________________

Shri____________________
(For Great Eastern Trading Co.)
14

MEMO OF CONSIDERATION:

RECEIVED by us from the within named Lessee the within mentioned sum of Rs.5,00,000
(Rupees five lacs) (out of agreed Rs. 10,00,000/-) only towards part Security Deposit Money
(refundable) and/or Advance Rent (Adjustable) as mentioned hereinbefore under these presents
in respect of the Lease granted hereby as per Memo below:

MEMO OF CONSIDERATION

Sl No. Date DD/ Cheque/


RTGS/ Bank Name Drawn in Amount
NEFT no. & Branch favour of: (in Rs.)

1 Lessor no. 1

2 Lessor no. 2

TOTAL 5,00,000/-

WITNESSES:

___________________
UTTAM KUMAR CHANDA
KAKALI CHANDA
( LESSORS)
15

You might also like