Sie sind auf Seite 1von 14

LEAVE & LICENSE AGREEEMNT

THIS LEAVE AND LICENSE AGREEMENT made at Mumbai this ____ day of May
2015,
: BETWEEN:
MR. SHABBIR ABDULLA SHAIWALLA aged 47 years, Indian, Inhabitant of
Mumbai, residing at Flat No.505, Panchvati CHS, Panchmarg, Off Yari Road, Versova,
Andheri (West), Mumbai 400 061, hereinafter called the LICENSOR (which
expression shall unless repugnant to the context or meaning thereof be deemed to mean
and include his legal heirs, representative/s, assigns, executors, administrators, etc.), of
the FIRST PART;
: AND :
M/s. AJAY DEVGAN FFILMS, a proprietary firm of Shri Ajay Devgan, havings their
office at 5/6, Sheetal Apartment, Ground Floor, Opp. Chandan Cinema, Juhu, Santacruz
(W), Mumbai400 049, represented by his constituted attorney, Shri_______________,
hereinafter referred to as the LICENCEE (which expression shall unless it be
repugnant to the context or meaning thereof be deemed to mean and include their
representative, executors, administrators, successors-in-title and assigns) of the
OTHER PART;

WHEREA S:
A.

The Licensor is absolutely seized and possessed of and well and sufficiently
entitled to premises being Unit No.43, Ground Floor, Veena Dalvai Indl
Estate Co-op. Society Ltd., situated at S.V.Road, Jogeshwari (West),
Mumbai 400102 (more fully described in the schedule hereto and hereinafter
referred to as the Unit or Licensed Premises) with standard fittings,
furniture and fixtures and possesses a clear and marketable title to the said
premises free from all encumbrances and claims.

B.

The Licensee being in need of a godown for their business purpose have
approached the Licensor with a request to permit them to use the aforesaid
licensed Premises, under the leave and license for the use of the Licensed
Premises as a GODOWN.

C.

The Licensor has lawful right and is entitled to as the owner of the Licensed
Premises to enter into these presents;

D.

The Licensee has represented to the Licensor that the use of the Licensed
Premises is to be permitted for a limited period of Thirty Three months as set
out herein and the Licensee will not have nor will they claim any interest in the
Licensed Premises nor any other right herein except as a bare Licensee, during
the licensed period;

E.

Relying on the aforesaid representations of the Licensee the Licensor has agreed
to allow theuse of and the Licensee has agreed to take on Leave and License
basis the Licensed Premises for the period and on the terms and conditions as
agreed between the Parties. In this Agreement, the Licensor and the Licensee are
collectively referred to as the Parties and severally as the Party.

NOW IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO


AS FOLLOWS:
1.

The Licensor hereby grants, the Leave and Licence to the Licensee to use and
occupy the said licensed premises along standard fittings, furniture and fixture
lying therein and one open parking space for a period of 33 months commencing
from 21/05/2015 and ending on 20/02/2018.

2.

It is agreed between the parties that the minimum lock-in period for the present
agreement shall be 11 months. The licensee shall not vacate the said licensed
premises during the initial period of 11 months, unless notice is given by the
licensor to that effect.

3.

If the licensee decides to terminate the present agreement during the initial period
of 11 months, then, the licensee shall pay the license fee to the licensor at the
agreed rates for the entire period of 11 months, irrespective of any reason or fact
due to which the agreement may be terminated pre-maturely.

4.

In consideration of the grant of the licence to use the said premises as aforesaid, the
Licensee shall pay to the Licensor a License fee, during the licensed period, at the
rates as mentioned in the following table:Period

License Fee (Rs.) / per month

21st May 2015 to 20th May 2016


st

th

st

th

21 May 2016 to 20 May 2017


21 May 2017 to 20 May 2018
5.

67,000/72,000/77,000/-

The above referred license fee shall be payable on or before the 10th day of every
licenced month in advance by the licensee to the licensor without fail. The Licensee
shall pay to the Licensor at the start of the term by 11 post-dated cheques.

6.

In the event of any delay in payment of the license fee by the Licensee to the
Licensor, the outstanding license fee shall carry interest @ 24% p. a. for the
delayed period beyond the delay of 7 days.

7.

In addition to the said monthly compensation (license fee), the Licensee shall also
deposit on or before execution hereof a sum of Rs.5,00,000/- (Rupees Five Lacs
only) with the Licensor as interest free Security deposit for due performance of this
agreement by the Licensee. The said deposit will be refunded by the Licensor to the
Licensee without interest and after deducting therefrom an amount, if any, payable
by the Licensee to the Licensor under this agreement, as provided elsewhere in this
agreement. The said security deposit shall be refunded simultaneously with and
against the licensee handing over the keys of the said premises, duly vacated in a
neat and clean condition, to the Licensor on the expiry of this agreement by efflux
of time or on earlier determination of the Licence hereby granted.

8.

The Licensee is entitled to deduct tax at source (TDS) whenever applicable as per
the Income Tax rules and shall furnish to the Licensor the TDS Certificate (Form
No.16A) showing such deduction as the case may be. The licensee shall remit the
amount of tax deducted at source in the government treasury before the respective
due dates as prescribed. The TDS Certificate shall be issued by the Licensee to the
Licensor on quarterly basis, but not later than 30 th June, of each financial year,
immediately after completion of the preceding year.

9.

The license fee payable hereunder shall be exclusive of service tax and any new
levies, cesses and taxes in respect of the Licensed Premises as may be applicable or

payable under the relevant statues of the Central Government / State Government
or of Municipal Corporation of Greater Mumbai. The above referred license fee
shall be subject to levy of Service Tax, as applicable and shall be recovered by the
Licensor from the Licensee at such rates as may be applicable and prescribed by
the Central Government and the Licensee shall pay the applicable service tax to the
Licensor in addition to the license fee as mentioned in the above table. The
Licensor shall raise Tax Invoice and shall also obtain Service Tax Registration and
comply with the relevant provisions on timely basis, as prescribed under law.
However, if the Licensee is also liable to discharge / pay their part of service tax
liability, if prescribed and applicable, then the same shall be paid by the licensor
from his own cost and shall not be deducted from the license fee as mentioned in
the above referred table, as the said license fee is exclusive of any government
levies.
10. The Licensee has verified and has satisfied themselves about the area of the
Licensed Premises which is approximate 1192 sq. ft. area. If there is any difference
in actual area available for use by the licensee, the licensor shall not be held
responsible for the same and the same shall not be treated as a cause of action to
terminate the present arrangements.
11. The Leave and Licence granted hereunder is strictly for the use of the Licensee
during the period of the Licenced period and for their use as godown for their
business materials, goods, etc.
12. The Licensor shall permit the Licensee, their servants and agents against the
execution hereof, to enter the said premises. However, if the Licensee fails to pay
the various amounts to the Licensor as mentioned herein within the stipulated time,
the time being of the essence, the Licence created hereunder shall stand determined
forthwith and the Licensor will have a right to prevent the Licensee, their servants
and agents from entering the said premises for the said purpose notwithstanding the
provisions of this agreement.
13. The Licensee shall use the Licensed Premises as a bare licensee only and such use
shall cease forthwith on efflux of time or upon sooner determination of this Leave
and Licence given to Licensee.
14. The Licensee has agreed and undertaken that the said Licensed Premises shall be
used by the Licensee for the purpose of storage of their business materials and
goods, etc.

15. The Licensee shall commencing from the date of the execution of these presents
within the relevant due days pay all charges of actual for telecommunication costs,

electricity and other utilities consumed or used by the Licensee in the Licensed
Premises.
16. The Licensee shall not carry out cause or effect any structural work and/or
permanent charges, additions or alterations or any work as shall require permission
of the MCGM or any concerned authority. Further The Licensee shall be at liberty
to make fix or install temporary additional fittings or fixtures in the Licensed
Premises including equipments pipes, cables, shelves, racks, other installations as
required by them.
LICENSEES COVENANTS
17. The Licensee undertakes, covenants and declares that:
a) The Licensee shall not assign or create a sub-license in respect of the Licensed
Premises or any part thereof to any third person. This license is personal to the
Licensee and the Licensee shall not assign the same nor shall the Licensee
transfer the benefit of this Agreement to any other person or party or part with
the charge or use or occupation of the Licensed Premises or any part thereof or
induct any third party therein or any part thereof;
b) The Licensee shall not do or permit to be done in respect of the Licensed
Premises anything which may or can be a nuisance or cause injury or damage,
disturbance, annoyance and/or inconvenience to the occupants of other
premises in the said building. The Licensee shall make all endeavours to ensure
that their staff-members and visitors observe and maintain proper decorum and
good behaviour in the Licensed Premises and do not cause any disturbance,
annoyance to other persons by way of disturbance, unruly behaviours, acts of
indiscipline. It is specifically confirmed by the Licensee that the required
insurance for the licensed premises & employees of the Licensee shall be
obtained by the Licensee.
c) The Licensee shall not store or bring upon the Licensed Premises any articles
banned by the Government or any hazardous articles. The Licensee shall
comply with and satisfy all rules, regulations and bye-lays from time to time in
so far as the same shall or may apply to the extent of the use of the Licensed
Premises or any part thereof for conduct of the Licensees business and shall
not knowingly do or cause to be done any act or deed whereby the right, title
and interest of the Licensor in the Licensed Premises may be prejudiced and/or
which may result in expiry/termination/revocation of the Licensors right, title
and interest in the Licensed Premises;
d) That the Licensee shall use the said premises, the fittings and the fixtures in a
careful and responsible manner and shall make good the Licensor all such

damage for or loss as the Licensor may sustain or caused by the Licensee to the
said Unit, the fittings and the fixtures. The Licensee agrees that he shall
maintain the said Unit, Office Area with fitted furniture and fixture well and
shall be responsible for their return in full working condition at the time of
removing himself from the said Unit on termination of this agreement. The
Licensee shall at no time during the subsistence of this agreement remove any
fittings and fixtures.
e) The Licensor shall always have a right to enter upon the Licensed Premises to
view the condition thereof or inspect the same after giving 24 hours prior
written notice to the Licensee, intimating therein the names and designation of
the person authorized for taking inspection.
f) That the Licensee shall not carry out any acts or activities which are obnoxious,
anti-social, immoral, illegal or which may cause a nuisance to the other
occupants of the society or which may prejudice the rights of the Licensor as
the owner of the said Unit / Licensed Premises.
g) That the Licensee shall not carry out any work of additions, renovations,
construction and/or re-construction whatsoever of a permanent nature into or
upon the said Unit. In case any minor alterations are to be done by the Licensee
in the said Unit, it will be done only after prior consent from the Licensor.
h) That the Licensee shall observe and perform the Rules, Regulations and Byelaws of the society from time to time in force for use of the said Unit and shall
not do or omit or suffer to be done anything whereby the Licensors rights in
the said Unit are jeopardized, forfeited or extinguished.
i) That the Licensee shall not during the period of the License make any structural
alteration in the Said Unit but shall be at liberty to install domestic electric
appliances and other conveniences reasonably required by the Licensee, and which
will remain a property of the Licensee, and shall be removed by the Licensee on
vacating the said Unit, provided that the said Unit is not damaged in any manner
whatsoever.
j) That the Licensee shall make proper use of and take proper care of the said Unit
the fittings, the fixtures, articles and the things in the said Unit and shall keep the
same in proper state and repair from time to time during the subsistence of this
agreement at their cost and expenses. If the Licensee fails to keep and maintain the
said Unit and the furniture, fixtures, articles and things in good condition then the
Licensor shall be entitled to carry out to repair or replace such fittings, the fixtures
and the articles as may be necessary to restore the said Unit and the fittings, the
fixtures and the articles in proper condition. Fair wear and tear is acceptable. In this

event, the Licensee shall be responsible to reimburse in terms of the amount to the
Licensor for the same on their behalf.
k) That the Licensee shall be at the liberty during the term of the license to use
any additional require fittings, screens, shelves, households things, etc., without
the consent of the Licensor with an assurance to remove the same on the expiry
of the period of license, subject to the condition that any damage caused due to
such removal shall be made good by the Licensee.
l) That the Licensee shall not do or suffer to be done anything, which may
invalidate the insurance of the said Unit and the said property or may increase
the risk thereon. If any extra premium is payable by reason of any act done by
the Licensee the same shall without prejudice by reason of any act done by the
Licensee, the same shall without prejudice to all other rights of the Licensor be
recoverable from the Licensee.
m) That the Licensee shall not do or cause or suffer to be done anything in the said
Unit which shall be in breach of the terms and conditions of the Municipal
Corporation of Greater Mumbai, the Reliance Energy Ltd., and/or the
State/Central Government. The Licensee shall not do or attempt to do or cause
or suffer to be done anything which may or is likely to jeopardize or prejudice
the interest of the Licensor as the owner of the said Unit.
n) The Licensee shall not obtain / take loan from any Bank or private party in the
name and address of the Said Unit and Licensee also shall not ask to prepare
society bill, electric bill, telephone bill, gas cylinder, or any other documents in
his own name or in any name and shall put his name plate(for address purposes
allowed) in respect of the said Unit situated at above mentioned address but
shall take telephone connection from telephone service providers or get phones
transferred from his earlier address.
o) The Licensee shall not enter upon the Licensed Premises upon the expiry or
earlier determination of this license.

18. It is vital, essential and integral terms and conditions of his Agreement that:
a) The Licensee hereby granted is personal to the Licensee and he shall not assign

the same or transfer the benefit of this agreement or permit the use by any third
party of the said Unit.
b) The Licensee is allowed to put his own lock at the entrance until the agreement

terminates.

c) The Licensee agrees and undertakes not to file any proceedings under the

Maharashtra Rent Control Act, 1999 in respect of the said Unit and/or use for a
declaration that he is the tenant of the said Unit.
d) Nothing herein contained shall be construed as creating any right, interest, easement,

tenancy or sub-tenancy in favor of the License in or over or upon the said Unit or
transferring any interest therein in favor of the Licensee other than the permissive
right of use hereby given.
e) The Leave and License hereby granted shall be governed by and subject to the

provisions of Section 24 & other relevant provisions read with the provisions of
the Maharashtra Rent Control Act 1999 and accordingly on expiry, termination
or earlier determination of the agreement, the Licensor shall be entitled to
remove the License and make appropriate proceedings before the competent
Authority appointed under the said Act or under any law for the time being in
force entitling the Licensor to adopt proceedings against the License to secure
the Licensor right to the premises.
LICENSORS COVENANTS
19. The Licensor undertake, covenant and declare that:
a) The Licensor shall and has made full payment of all outstandings or other dues,
as on date and has a clear title, free from any encumbrances, charges, claims etc.
to the Licensed Premises;
b) The Licensed Premises are free from encumbrances, charges, lien, etc. of
whatsoever nature and the Licensor has a clear and marketable title to the
licensed premises;
c) That on the Licensee duly paying the license fees and observing the terms and
provisions herein recorded and contained, the Licensee shall be entitled to use
the Licensed Premises throughout the License period without any obstruction,
hindrance or interference by or from the Licensor;
LICENSEES OBLIGATIONS ON EXPIRATION
20. (a) On the expiration of this License Agreement and simultaneous refund of the
security deposit (less deductions as stipulated herein) by the Licensor, the
Licensee shall remove all persons using the Licensed Premises and all their
belongings, chattels, articles and things from the Licensed Premise and shall
stop using the same and vacate and hand over charge of the Licensed Premises
to the Licensor.

(b) On the expiration of this License Agreement and simultaneous refund of the
security deposit (less deduction as stipulated herein) by the Licensor, the
Licensee undertakes to ensure that the Licensee and / or their Associates along
with their directors, employees, servants and agents shall also vacate the said
premises.
(c)

The Licensor shall not be responsible or liable for any theft, loss, damage or
destruction of any property of the Licensee lying in the Licensed Premises.

(d) The Licensors shall be entitled to deduct following amounts from the Security
Deposit. Upon expiry or earlier determination of this Agreement, the Licensor
shall adjust the following amounts from the Security deposit prior to refund
thereof to the Licensee:

(i)

Arrears of monthly license fees if any, till date of determination;

(ii) Towards any sum to be deducted for any bills outstanding viz electricity,
MTNL or any other related to the said premises.
(iii)

Any loss that may be suffered due to damages to the licensed premises
due to any reason.

(iv)

Any taxes or levies as may be introduced and applicable on the license


fee payable by the licensee to the licensor

(v) Any other amounts as may be mutually agreeable between the parties.
(e)

The Licensor may during the tenure of this Agreement at his absolute
discretion and in such manner as he may deem fit sell, transfer, mortgage,
create any charge, or otherwise dispose off the Licensed Premises or his right
title and interest therein or any portion thereof at any time. However, in such
circumstances the Licensor shall give at least one months written notice to the
licensee, but, shall not pay any compensation or cost for pre-mature
termination of this agreement.

(f)

It is agreed that the parties hereto shall not plead any oral variation of the
provisions hereof. The variations, if any, hereto shall not be valid and binding
upon or enforceable against the parties hereto unless the same are duly
recorded in writing in the form of a supplemental agreement/writing signed by
both the parties hereto.

FORCE MAJEURE

21. If at any time during the subsistence of this license the Licensed Premises are
destroyed/damaged or any part thereof is rendered unfit for use by reason of any
acts of God, or conditions of force majeure, the Licensee shall after giving written
notice be entitled and at liberty to terminate this license whereupon,
(i) the Licensee shall vacate and hand over charge of the Licensed Premises to
the Licensor simultaneously with and against refund of the security deposit in
accordance with the provisions of this Agreement,
(ii) the Licensee shall not be liable to pay any License Fee for the period after
such termination. Provided however, that if the damage is of such a nature
which is capable of remedy within 30 days of such damage, the Licensee
shall call upon the Licensor to repair/rectify such damage within 30 days of
the Licensee addressing a notice in that regard and if the Licensor does rectify
such damage within the specified period, this Agreement shall not be deemed
so terminated. It is agreed that during the repair there will be a suspension of
the license fee payable by the licensee.
22. Any delay, indulgence, condemnation on the part of any party to this Agreement
(the non-defaulting party) in enforcing the terms and conditions or any other
forbearance or grant of time allowed to the other party (the defaulting party) to
amend or rectify the default or breach of the terms and conditions by the defaulting
party shall not be construed as waiver on the part of the non-defaulting party of the
breach committed which in any event is without prejudice to the rights of the nondefaulting party, nor shall it resolve from consequences of such breach of the terms
and conditions committed by the defaulting party.
LICENSE ONLY A PERMISSIVE RIGHT
23. It is agreed, confirmed and reiterated by the parties hereto that the judicial
possession of the Licensed Premises shall always remain with the Licensor. The
Licensee shall only have the use of the Licensed Premises for the purpose
aforesaid. It is the express intention of the parties that the Licensee shall not be
entitled to claim exclusive possession as tenant or sub-tenant or otherwise of the
Licensed Premises or any part or portion thereof or claim any right, title or interest
in or to the same save and except as a Licensee on the terms, conditions, provisions
and agreements contained in this Agreement.
24.

Nothing herein contained shall be construed as creating any right, interest,


easement, tenancy or sub-tenancy in favour of the Licensee in or over or upon the
Licensed Premises or transferring any interest therein in favour of the Licensee
other than the permissive right of use hereby granted. It is the express real and true
intention of all the parties hereto that this Agreement shall be a mere license and

there is no intention on the part of either party to create a tenancy of the Licensed
Premises in favour of the Licensee and the Licensee has expressly assured and
represented to the Licensors and hereby confirms that this Agreement is a bare
license and that the Licensee has no intention of claming and will not at anytime
claim tenancy rights in the Licensed Premises. The Licensee further agrees that
they are not entitled to and undertakes to the Licensor that neither they nor any one
on their behalf will claim protection of Maharashtra Rent Control Act, 1999 or any
statutory modifications or re-enactment thereof or of any similar law.
25. The stamp duty and registration fee, if any, payable on this License Agreement
shall be borne and paid by the licensor and licensee in equal shares and each party
shall bear and pay the professional fees of their legal advisors. The original
agreement shall remain with the licensor and a copy thereof with the licensee.
SEVERABILITY:
26. If any term, provision, covenant or condition of this agreement is held invalid or
unenforceable for any reason, the remainder of the provisions will continue in full
force and effect as if the agreement has been executed with the invalid portion
eliminated.
27. The recitals, annexure and schedule if any annexed shall form an integral and
operative part of this Agreement.
JURISDICTION:
28. This Agreement is made in Mumbai and the Courts in Mumbai shall have exclusive
jurisdiction.
HEADINGS:
29. The Head Notes hereto are for the purpose of convenience and shall not be taken
into account in consideration or constructing or interpreting any of the provisions
hereof.
SCHEDULE OF PROPERTY
Unit No.43, on the Ground Floor, admeasuring approximate 1192 Sq. Fts. (Built
up) in the Building of the society known as Veena Dalvai Industrial Estate
Premises Co-operative Society Ltd., situated at Land bearing C.T.S. Nos. 476,
477, 477/1 to 7, survey Nos. 13A(Part) 14A Hissa Nos. 1,2,3,4 and 5 of Village
Oshiwara, Taluka Andheri, Mumbai Suburban District at S. V. Road, Jogeshwari
(West), Mumbai 400 102, together will all fittings and amenities provided therein.
IN WITNESS WHEREOF the parties hereto have executed this Agreement (in
duplicate) the day and year first hereinabove written.

SIGNED AND DELIVERED

By the within named Licensor

Mr. Shabbir Abdulla Shaiwalla

in the presence of

Shri _______________________

SIGNED AND DELIVERED

By the within named Licensee

M/s. Ajay Devgan Ffilms

through its Proprietor, Shri Ajay Devgan, )


represendted by his Constituted Attorney, )
Shri__________________________

in the presence of

)
RECEIPT

RECEIVED from., M/S. AJAY DEVGAN FFILMS, a Proprietary concern


having its address at 5/6, Sheetal Apartment, Ground Floor, Opp. Chandan
Cinema, Juhu, Santacruz (West), Mumbai 400 049 within named, Licensee
herein, the sum of Rs. 5,00,000/- (Rupees Five Lacs Only) by cheque
no.__________ dt. ________ (subject to realisation) drawn on Indian Overseas
Bank (Iskcon branch) Mumbai 400 049, being the Interest Free Security
Deposit for premises situated at Unit No.43, Ground Floor, Veena Dalvai Indl
Estate Co-op. Society Ltd., situated at S. V. Road, Jogeshwari (West),
Mumbai 400 102
WITNESSES :

I say received Rs.5,00,000/-

1.

2.

(Shabbir Abdulla Shaiwalla)


Licensor

Details of Monthly Compensation for Unit No.43, Ground Floor of the Society
known as Veena Dalvai Industrial Estate Co-op. Society Ltd., situated at S.V.Road,
Jogeshwari (West), Mumbai 400102, for the initial period of 11 months, from 21st
May 2015 to 20th April 2016.
Sr. No. Dated

Cheque No.

Bank / Branch

Amount (Rs.)

21/05/2015

67,000/-

10/06/2015

67,000/-

10/07/2015

67,000/-

10/08/2015

67,000/-

10/09/2015

67,000/-

10/10/2015

67,000/-

10/11/2015

67,000/-

10/12/2015

67,000/-

10/01/2016

67,000/-

10

10/02/2016

67,000/-

11

10/03/2016

67,000/-

(subject to realization of cheques)

WITNESSES :

I say received Rs.7,37,000/-

1.

2.

(Shabbir Abdulla Shaiwalla)


Licensor

On the letter head of the firm

LETTER OF AUTHORITY

I, Shri Ajay Devgan, the Proprietor, of M/s. Ajay Devgan Ffilms, hereby authorise, Shri
_________________, _________ (Designation), (PAN ;_______________) to enter
into the Leave & License Agreement, with Shri Shabbir Abdulla Shaiwalla, for the
period of 33 months, starting from 21/05/2015 to 20/02/2018, on the terms and
conditions as mentioned in the leave and license agreement dated __________. Shri
_________ is further authorised to pay proper stamp duty and register the said
agreement in the office of the Joint Sub-Registrar, Andheri, Mumbai Suburban District.
I undertake to ratify and confirm all the acts which may be done and performed by the
said authorised signatory, as if the same was done by me personally.
For Ajay Devgan FFilms

(Ajay Devgan)
Proprietor
PAN :_____________
Mumbai;
Date :

21/05/2015