LEAVE AND LICENSE AGREEMENT

This Agreement of Leave & License is made and entered into at New Delhi, this 1st
July , 2016 , between Mr.Rahul Mohan Tiwary Aged 31 years, an adult Indian
Inhabitant, residing at and power of attorney holder of Flat No.3169,Sector-A,PocketB&C,Vasant Kunj, N.Delhi-110070 hereinafter called the Licensors (which
expression shall wherever the context so requires or admits, mean and include their
legal heirs, executors, administrators and permitted assigns) of the One Part.

AND
Mr. Palash Oswal R/O G/1,

Kartikey Nagar-4 Vasana Harinagar Road, Behind Swaminarayan Mandir,

Vasana,Vadodara,Gujarat-390007 S/O Basant Oswal HAVING AADHAR NUMBER 388919844120 AND PANABFPO8044G AND AGED 22 YEARS, and working with Endurance International Group, 5th
Floor, NESCO IT Park, Goregaon (East), Mumbai-400065
AND Mr. Arpit Mantri R/O .. S/O HAVING AADHAR NUMBER 474199384937
AND AGED 21 YEARS,

and working with Door Mint as Asst. Manager

AND Mr. KRUNAL PANCHAL R/O A-102, SILVER SPRING APT, ANAND MAHAL ROAD,ADAJAN,SURAT395009.. S/O GANPATLAL CHUNILAL PANCHAL, HAVING DRIVING LICENSE NUMBER GJ05-2009-

AND PAN- CPSPP9597N ,AND AGED 25 YEARS, and working with

Endurance International Group, 5th Floor, NESCO IT Park, Goregaon (East), Mumbai-400065
0984940 DATED 26-10-2009,

AND AND Mr. MADHAV KHAKHAR

R/O NEAR PIR AMBALI BHOJRAJPARA,GONDAL,RAJKOT,GUJARAT360311 .. S/O KAMLESHBHAI RAMNIKBHAI KHAKHAR HAVING AADHAR NUMBER 392900268122

and working with Endurance International Group, 5th Floor,

NESCO IT Park, Goregaon (East), Mumbai-400065

AND AGED 22 YEARS,

ON THE OTHER PART

ALL FOUR above named persons hereinafter called The LICENSEE. All four
persons are individually and severally liable to this agreement.
(which expression shall, wherever the context so requires or admits, mean and include
their legal heirs, executors, administrators and permitted assigns) of the OTHER
PART.
WHEREAS the Licensor is the absolute power of attorney holder of the said premises
situated at, Flat No.402,B-WING,BHAGWATI APARTMENT,DR.CHARAT SINGH

COLONY,CHAKALA,ANDHERI ( EAST),MUMBAI-400093 (hereinafter for the

sake of brevity referred to as the Licensee premises).
AND WHEREAS the Licensee has approached the Licensor for allowing it to use and

occupy of the above License premises for the period of 11 months commencing from
1st July 2016 till 31st May 2017 strictly on leave and License basis for the purpose
Residential use.
NOW THIS AGREEMENT WITNESSTH AND IT IS HEREBY AGREED BY AND
BETWEEN THE PARTIES AS FOLLOWS:-

1.

The Licensee who is in need of the premises for the purpose of Residential purpose
, has approached the Lessor with a request to grant to them permission to use and
occupy the Licensed Premises upon the terms and conditions hereinafter contained;
and

2.

The Licensor hereby agrees and allow the Licensee the use services and
occupation

of

the

said

Flat

No.402,B-WING,BHAGWATI

APARTMENT,DR.CHARAT SINGH COLONY,CHAKALA,ANDHERI (

EAST),MUMBAI-400093 on leave and License basis strictly for the period of
11month commencing from 1st July 2016 till 31 May 2017.
3.

The Licensee will be for a period of 11 month, from day of 1st July 2016 till 31st
May 2017.This is a month to month leave and license agreement with initial lock
in period of 6 months beginning from 1st July 2016. Lock in period means that in
case flat is vacated any time before end of 6 months reckoned from 1st July 2016,
license fee for entire 6 months shall be payable. The compensation for the
occupation and use of assets forming part of fully furnished flat (detailed in
annexure attached) and services for keeping and maintaining as functional fully
furnished dwelling unit of said flat (the License premises) shall be Rs. 45,000/(Rupees Forty Five Thousand only) per month. The monthly compensation for
license period shall be paid by the Licensee each month in advance by crediting
to bank account online in the beginning itself of each month. In addition the
licensee shall pay Rs.1,95,000/- alongwith signing of this agreement to account for
interest free advance and license fee for month of July 2016. This Rs.1,95,000/shall be paid by directly crediting bank account of Licensor. The details of bank
account are given below:

Account Name : RAHUL MOHAN TIWARY

SB A/C NO.-

42690100000240

BRANCH:

KALKAJI,DELHI

BANK:

BANK OF BARODA

IFSC:

BARB0KALKAJ

4.

( 0 IS NUMERAL ZERO)

The Licensee shall not use or permit to be used the said premised for any illegal or
improper purpose or a Public/Guest House and shall not do, cause, permit or suffer
upon the said premises or any part thereof anything which may be or become a
nuisance or any other neighboring occupiers and or to the society.

5.

The Licensee can be allowed to accommodate one more boy anytime during
license period subject to licensor agreeing on such terms and conditions as
mutually agreed between licensor and licensee and to be agreed in writing . The
Licensee shall furnish full identity disclosure like Aadhar, passport, PAN, Voter
ID, employment credentials before allowing accommodation to enable licensor
furnish the same to law enforcing agencies to meet statutory requirements.

6.

That the Licensee shall not do or suffer to done anything which may invalidate the
insurance of the society building in which the said premises is situated.

7.

That the Licensee has before signing of this agreement satisfied himself with the
working of the sanitary, electrical and water supply condition and

other fittings

pertaining to said premises. He agrees that he shall maintain them well and shall
be responsible for their return in full working conditions at the time of repossession of the said premises.
8.

That the Licensee shall not obstruct or permit any other party/person to obstruct
the Licensor or at any time thereof with the licensor possession of the said
premises. It is being agreed that the Licensor shall be at all time in complete
possession. Control and Dominion of the said premises and every part thereof and
the Licensee shall not be or claim to be in any possession of any kind whatsoever
of the said premises .or any part thereof. The licensor or their duly authorized agent
shall have the right to enter or into upon the said premises or any part thereof at
mutually agreed for the purpose of Inspection.

9.

That the Licensee shall use the said premises for only residential purpose only.

10. That the Licensor shall not in any event be responsible or liable for any lose or
damage to any goods or property of the Licensee whatsoever be the cause of such
loss or damage.

11. That the Licensee shall use the said premises and shall see that the same is used in
careful and responsible manner. And shall make good to the licensor all such
damage or Loss as the Licensor may sustain whether the same be caused by the
Licensee or Licensees visitors to be said. However, the licensee shall not be
responsible for any damage by tempest, earthquake, fire, , flood, rains, or act of
God. or any other accident due to irresistible force by the control of the License
being expected.
12. In addition to the License fee, the Licensee shall pay all charges, of Electric bill,
Telephone bill, gas bill direct to the authorities concerned and that Licensor shall
not be responsible for the same Licensee to maintain a proper computer file of
copies such paid up bills. To be handed over to the Licensor at the time of vacating.
13. That the Licensee will pay Rs.1,50,000/-(Rupees One Lac and Fifty Thousand
Only) as interest free security Deposit, as a guarantee for due performance and
observance of the term and condition of this agreement, The receipt of which the
licensor doth hereby acknowledge. This deposit bears no interest whatsoever the
Licensor shall be entitled to adjust any claims she may have against the Licensee
under this agreement. The deposit or balance thereof shall be returned only at time
of

Licensee satisfying the licensor that all obligation under this License are

fulfilled that is, all bills towards Electricity, Telephone gas have been paid off
provided for, In the event of termination of this agreement, as stated herein, the
Licensor

shall forthwith return the said deposit against vacant and peaceful

possession of the said premises by the Licensee to the exclusive possession of the
Licensor.
14. In the event of Licensee committing any breach of the terms & conditions of this
agreement for failing to pay license fee in time for each month, the license hereby
granted shall stand automatically terminated and the Licensor shall be entitled to
prevent entry of the Licensee in the said premises even before the expiry or the
agreement period mentioned herein above.
15. The Licensor shall at all times during the subsistence of this agreement keep the
Licensee harmless and indemnified against all actions, proceedings, claims
raised/taken by any government, judicial quasi-judicial or any party challenging
the authority of the Licensor to give the said premises on License to the Licensee.
On such an eventuality the Licensor shall keep the Licensee indemnified against
all payment, costs, losses, damages sustained by the Licensee and the Licensee
shall also be entitled to terminate this agreement forthwith.

16. The original agreement will remain with the licensor and the copy duly signed by
both the parties shall remain with the Licensee.
17. The Licensee hereby admits and acknowledge that it is the express intention of the
parties to this agreement that the relationship of Landlord and Tenant shall not be
deemed to be created hereby or otherwise between them of any

circumstances

whatsoever. This agreement hereby contains bare minimum clause of leave and
license for the period mentioned in Clause 1 and do not create any interest into
upon the said premises or any part thereof in favour of the Licensee.
18. It is not intended by this agreement to create any lease or sublease by any their
right, title or interest into or upon the said premises in favor of the Licensee and
Licensee hereby agrees that under no circumstances the Licensee shall claim any
right to tenancy, sub tenancy or any other right of any nature into or upon the said
premises.
19. That the Licensee shall observe the rule, regulations and Bye-laws of the RWA and
become RWA member so far and to the extent they are required to be observed by
the Licensee as the account of the said premises or any part thereof. The Licensee
shall not do, omit or suffer to be done anything whereby the licensor right to hold
the said premises is for fitted or extinguished.
20. That the licensor shall pay all existing and future maintenance charges, rates, taxes,
assessment taxes, or any other outgoing central, state, municipal charges, imposes
levied or payable in respect of the said premises recovered by the society in respect
of the said premises including the Non Occupancy charges if any.The licensee shall
pay monthly charges to society directly for car parking charges.The Licensee shall
not carry out any additions or alteration in or to the licensed premises without the
permission of Licensor. The Licensee shall be entitled to carry out, normal
interiors, without damaging the said premises.
21. The Licensee further agrees and undertakes not to store any hazardous or
inflammable articles in the said flat.
22. It is expressly and clearly understood by and between the parties that in addition
to any or all applicable laws, the provisions of the Bombay Rent Act and
Maharashtra Rent Control Act as amended up to date concerning the Leave and
License agreement/arrangements shall apply to this agreement.
23. In the event of any damage to the Licensed premises or to the Furniture, fixture or
other movables in the licensed premises if caused by the Licensee, the cost and
expenses to make good such loss or damage shall be paid by the Licensee to the
Licensor. (normal wear and tear not to be taken into consideration)

24. The Licensor have provided items of Services, Furniture, Fixtures and Fittings and
other household items for the use of the Licensee while care and keep and maintain
with due care.
25. In the event of any unforeseen circumstances both the parties agree to terminate
the contract on minimum one month notice from either side, , only from the date
of commencement of this Agreement.
26. Electricity bill shall be paid by Licensor and licensee shall reimburse the same
everymonth alongwith license fee of Rs.45,000/- by crediting in same bank
account.Licensor shall provide email copy of electricity bill to licensee.
27. This agreement can be extended for a further period of 11 months on same terms
and conditions subject to increase of 10% of license money of Rs.45,000/- and
provided the licensee informs his intention of renewal at least 60 days prior to
expiry date of this agreement and provided further that both parties are willing to
extend it.
28. Minor repairs costing upto Rs.2,000/- and repairs arising out of usage related wear
and tear shall be done by licensee at his own cost. Major repairs shall be notified
by licensee to the licensor. Licensor decision shall be final and binding regarding
discharge of such issues.
29. In case of breach of any of the terms and conditions herein contained by either the
Licensor or the Licensee, and/or in case Licensee does not observe/abide
themselves by the byelaws, rules and regulations of the Society, and/or in case
Licensee causes any nuisance or annoyance to the neighbouring occupier, then on
the happening of any of such events, (and no other) the aggrieved party will be
entitled to terminate this Lease by giving 5 (five) day notice by email on email ID
as recorded elsewhere to the defaulting party hereto to remedy/rectify such breach.
If the defaulting party fails to remedy/rectify such breach within the said period of
five days, then in such event on the expiry of the said period of 5 days, the
Agreement shall stand automatically terminated.

Accordingly, on such

termination, the Licensee shall forthwith vacate the premises to the Licensor and
the Licensor shall forthwith return the deposit to the Licensee
30. The licensor shall secure police clearance certificate before signing this agreement.
31. The licensor shall maintain the flat. It is expressely understood that various assets
like items of furniture, fridge, cooking appliances, reverse osmosis water
equipment, airconditioning and ventilation equipments and various attendant
services for keeping and running the licensed premises as fully furnished dwelling

unit form integral part of this flat and no item can be separated in any manner
whatsoever.
32. This Agreement shall be subject to the jurisdiction of the Courts at Mumbai.
33. Any overstay beyond licensed period shall be charged at Rs 3,000/- per day for the
period of overstay.This is without prejudice to all other legal rights and remedies
available to licensor.
IN WITNESS WHEREOF, the parties hereto have set and subscribed their respective
hands to these presents, the day, month, year first herein above written.

Signed and Delivered By

Mr.Rahul Mohan Tiwary
email-mmesmumbai@gmail.com
mobile number-8587009170
SB A/C NO.-

42690100000240

BRANCH:

KALKAJI,DELHI

BANK:

BANK OF BARODA

IFSC:

BARB0KALKAJ

( 0 IS NUMERAL ZERO)

WITHINAMED Licensor
In the presence of.

Signed and Delivered By

Mr. Palash Oswal R/O G/1,

Kartikey Nagar-4 Vasana Harinagar Road, Behind Swaminarayan Mandir,

Vasana,Vadodara,Gujarat-390007 S/O Basant Oswal HAVING AADHAR NUMBER 388919844120 AND PANABFPO8044G AND AGED 22 YEARS, and working with Endurance International Group, 5th
Floor, NESCO IT Park, Goregaon (East), Mumbai-400065
AND Mr. Arpit Mantri R/O .. S/O HAVING AADHAR NUMBER 474199384937
AND AGED 21 YEARS,

and working with Door Mint as Asst. Manager

AND Mr. KRUNAL PANCHAL R/O A-102, SILVER SPRING APT, ANAND MAHAL ROAD,ADAJAN,SURAT395009.. S/O GANPATLAL CHUNILAL PANCHAL, HAVING DRIVING LICENSE NUMBER GJ05-2009-

AND PAN- CPSPP9597N ,AND AGED 25 YEARS, and working with

Endurance International Group, 5th Floor, NESCO IT Park, Goregaon (East), Mumbai-400065
0984940 DATED 26-10-2009,

AND AND Mr. MADHAV KHAKHAR

R/O NEAR PIR AMBALI BHOJRAJPARA,GONDAL,RAJKOT,GUJARAT360311 .. S/O KAMLESHBHAI RAMNIKBHAI KHAKHAR HAVING AADHAR NUMBER 392900268122

and working with Endurance International Group, 5th Floor,

NESCO IT Park, Goregaon (East), Mumbai-400065

AND AGED 22 YEARS,

Email: oswalpalash@gmail.com

Bank Name
Account Number

The within named Licensee

In the presence of..

RECEIPT

RECEIVED FROM Licensee, 1. Palash Oswal mo-9737045733, 2. Arpit Mantri -mo9460869166, 3. Krunal Panchal mo-9537418248, and 4. Madhav Khakhar 8460196314 herein the Total sum of Rs.1,50,000/- ( One Lac Fifty thousand only)
as a interest free Security Deposit By online bank transfer dated..

I SAY RECEIVED Rs. 1,50,000/MR.RAHUL MOHAN TIWARY

RECEIPT SUBJECT TO REALISATION OF MONEY

( Licensor)
INCOME TAX PAN- AGLPT8863D

ANNEXURE

1.

LISTING ASSETS AND SERVICES FORMIG INTEGRAL PART OF LICENSED PREMISES

DRAWING ROOM-SOFA SET-8SEATER, CURTAINS, CEILING FAN-1NOS., LIGHTS,TELEVISION,

VARIOUS OTHER DECORATION ITEMS.

2.

DINING SPACE-6SEATER DINING TABLE,6 CHAIRS, VARIOUS DECORATION ITEMS, DINING

TABLE SHEET, LIGHTS, CEILING FAN-1NO.

3.

BEDROOM-1-DOUBLE BED,MATTRESS,SHEET,PILLOWS,SPLIT AIRCONDITIONER, GODREJ

ELECTRONIC SAFE, CEILING FAN-1NO, FANCY LIGHTS, VARIOUS OTHER DECORATION
ITEMS.ATTACHED WASHROOM WITH GEYSER,EXHAUST FAN,MIRROR,SHOWER,HOT AND
COLD WATER TAPS, WESTERN TYPE WC WITH ALL FIXTURES AND ATTACHMENTS.

4.

BEDROOM-2-DOUBLE BED,MATTRESS,SHEET,PILLOWS,WINDOW AIRCONDITIONER, CEILING

FAN-1NO, FANCY LIGHTS, VARIOUS OTHER DECORATION ITEMS. WASHROOM WITH ,EXHAUST
FAN,MIRROR,SHOWER,HOT AND COLD WATER TAPS, INDIAN TYPE WC WITH ALL FIXTURES
AND ATTACHMENTS.

5.

KITCHEN-WITH ALL ATTACHMENTS AND FIXTURES, KENT RO SYSTEM,EXHAUST FAN, HPCL

GAS CONNECTION WITH COOKING APPLIANCE,MICROWAVE OVEN, ALL UTENSILS, WASTE
DISPOSAL BIN,

6.

SERVANT TOILET-COMMON WITH FLAT NO.401

7.

SERVICES FOR KEEPING VARIOUS EQUIPMENTS AND ASSETS IN OPERATIONAL CONDITION.