LEAVE AND LICENSE AGREEMENT (RESIDENTIAL)

THIS

AGREEMENT OF

LEAVE

AND

LICENSE (RESIDENTIAL)

MADE

on 24TH June 2016

BETWEEN
MR. (PAN:
) Age -- years, Occupation ----. Indian
inhabitants, residing at -----Owner Address---- (hereinafter collectively referred to as the
LICENSOR for the sake of brevity and convenience, and which expression shall unless it be
repugnant to the context or meaning thereof shall mean and include their respective legal
heirs, representatives, managers, administrators, executors and assigns) OF THE FIRST
PART;
AND
PRECISION AUTOMATION & ROBOTICS INDIA LTD., a Company duly registered under the
Companies Act 1956 and having its Office at Gat No. 463A, 463B & 464, Village Dhangarwadi,
Tal: Khandala, Dist: Satara - 412801 (MAH) (hereafter referred to as the LICENSEE which
expression shall unless repugnant to the context or meaning thereof, shall mean and include
the said Company, its administrators, representatives, successors and assigns) OF THE
OTHER PART.
WHEREAS the LICENSOR herein is the absolute Owner of, and well seized and
possessed of or otherwise well sufficiently entitled to all that piece and parcel of premises
bearing -----Flat Address----, admeasuring an area of approx. --- sq. ft. built up, on the First
Floor. building known as ----------, which is more particularly described in the Schedule - I
hereunder and hereinafter referred to as THE SAID PREMISES or THE LICENSED
PREMISES, and the LICENSOR, at their own cost and expenses have installed/fitted out
therein, various facilities/amenities/furniture and fixtures which are more particularly
described in the Schedule - II hereunder and hereinafter referred to as THE SAID
FACILITIES

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AND WHEREAS the LICENSOR has represented to the LICENSEE that the said
premises is in exclusive possession of the LICENSOR herein and the LICENSOR have got
absolute right and authority to give the said Premises on Leave and License basis to the
LICENSEE herein.
AND WHEREAS the LICENSEE herein being in temporary need of a residential
premises for the occupation and use for its employees (including family members/servants/
guests of such employees/LICENSEEs Contract Workers), to be exclusively used for the
residential purposes, has accordingly approached the LICENSOR and has requested to grant
permission to use and occupy the said Premises on Leave and License basis for a fixed period,
strictly in terms of the relevant provisions of law governing residential premises.
AND WHEREAS the LICENSOR has accepted the request of the Licensee and have
agreed to grant by way of a permissible License, to the Licensee, to use and occupy the said
premises, together with the said facilities installed/provided/fitted therein, purely on Leave and
License basis, on the mutually agreed terms and conditions as set out herein.
AND NOW THEREFORE, THIS INDENTURE WITNESSETH AND IT IS HEREBY AGREED BY
AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
1.

COMMENCEMENT
The LICENSOR hereby grant to, in favor of the Licensee herein, a non transferable
License to temporarily use and occupy the LICENSED PREMISES for the occupation and use
for its employees (including family members/servants/guests of such employees/licensees
Contract Workers), which is more particularly described in the Schedule - I hereunder,
together with all the said Facilities installed/provided/fitted therein which are listed out in
Schedule - II hereunder, for residential purpose, and the Licensee hereby accepts the said
License, for a term of 11 (ELEVEN) months commencing w.e.f. 17TH JULY 2016 and ending
16TH JUNE 2017, unless terminated earlier as provided in terms of this Agreement.

2.

MONTHLY LICENSE FEE/COMPENSATION

The Lease compensation (rent) payable for the Schedule Premises shall be as under:
LEASE COMPENSATION (Rent)
(Included Maintenance)
Rs.18147/(Indian Rupees Eighteen Thousand One Hundred
Forty Seven Only)

LEASE PERIOD
From 17TH JULY 2016 till 16TH JUNE 2017

The said monthly License Fee shall be subject to deduction of Tax at Source (TDS) and
Surcharge thereon, if any, as per applicable Government rules from time to time. IF applicable,
the licensee shall provide original TDS certificate for the TDS deducted from the monthly
compensation, the licensee shall be responsible for payment of interest on late deduction of
TDS and/or penalty/fine on issuance of TDS Certificate after specified period under the
provision of Income Tax Act, 1961.
The Monthly License Fee shall be paid by the Licensee to the LICENSOR latest by 15th
day of every English Calendar month in advance for the same month.
The LICENSOR shall be paid by way of an RTGS directly to LICENSORs Bank Account
or through an A/c Payee At Par Cheque in favor of the LICENSOR, which shall be delivered
personally/by Registered Post/by courier at the above referred mailing address of the
LICENSOR or any change therein as may be intimated to the Licensee in writing.
Upon the request of the Licensee, the LICENSOR may at their entire discretion renew
this License Agreement on new/fresh terms and conditions for a further period or otherwise
after the entire period of the current Leasing period has expired, and any such renewal shall be
effected only by way of a fresh License Agreement to be executed by the parties hereto, one
month before the expiry of the term of this License Agreement.

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3.

SECURITY DEPOSIT
In order to ensure the due performance of the terms and conditions hereof on part of
the Licensee, the Licensee has paid to the LICENSOR an Interest Free Security Deposit of
Rs.32000/- (Rupees Thirty Two Thousand Only), paid to the LICENSOR herein vide
Account Payee At Par Cheque bearing No.
dated
drawn on
Bank,
branch
And the LICENSOR admit and acknowledge respective receipt thereof.
The said Security Deposit shall be refunded by the LICENSOR to the LICENSEE
simultaneously with the Licensee handing over vacant and peaceful possession of the Licensed
Premises, in full in one installment the entire amount together with any unadjusted advance
rent and any other amount due to the LICENSEE from the LICENSOR by A/c Payee at Par
Cheque or Demand Draft.
If upon termination or early termination of this Agreement, the Security Deposit is not
refunded by the LICENSOR to the Licensee as aforementioned, then the LICENSEE shall be
entitled to retain the possession of the Licensed Premises without payment of any License Fee
till such refund is made by the LICENSOR. Additionally the LICENSOR shall also be liable to
pay interest @ 15% per annum on the refundable amount of the Security Deposit as calculated
from the date of intended termination to the actual date of the refund of Security Deposit.

4.

RATES AND TAXES

The LICENSOR shall pay all levies, fees, Municipal property taxes, water charges,
Society maintenance charges etc. that may be levied by the Government/Semi
Government/Halol Local Authorities, Society. The LICENSOR shall comply with all laws, rules
and regulations of Government and Local Authorities as owner of the said Premises.

5.

ELECTRICITY CHARGES, PHONE BILL, TV CABLE ETC.

Based on the actual usage of these amenities within the premises so taken on leave and
license, the Licensee shall also be liable to pay the electricity charges and levies, telephone
charges, broadband charges, TV cable charges, piped gas charges, if any, at actual during the
tenancy period.

6.

REPAIR OF UTILITIES, FURNITURE AND FIXTURES

The LICENSOR shall be liable to carry out all repairs, arising out of normal use, of the
utilities, furniture and fixtures mentioned under Schedule II . In case the LICENSOR fails or
neglects to carry out such repairs within a period of 03 (Three) working days from the receipt of
the written intimation thereof from the Licensee, then the Licensee shall be deemed to have
been permitted to get such repairs done on its own, and all the expenses and costs incurred
shall be deducted from the monthly Licensee Fee payable to the LICENSOR. The Licensee
undertakes to carry out the repairs in case of damage due to its own negligence.
The Licensee shall not do any act or omission that may be contrary to the bye-laws or
regulations of the Halol Local Authority, and shall observe all other rules and regulations of the
Government authorities and of the said Apartment/Society, as may be applicable to the
LICENSED PREMISES, and shall carry out all directions or orders which may be issued by the
Licensors and/or the said Society/Authorities, from time to time.

7.

CIVIL WORKS/ELECTRICAL WORKS

All civil and electrical works not limited to any leakage, external/internal wall cracks
etc. shall be carried out by the LICENSOR at their own cost during the term of the Agreement.
Where the LICENSOR does not carry out the necessary civil/electrical works within 03 (Three)
working days of written intimation of the requirements of such work becoming due, the
LICENSEE shall be deemed to have been permitted to carry out the works and deduct the
expenses so incurred from the monthly License Fee (Rent).

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The LICENSOR shall be responsible for any water leakage arising from the overhead
tank and will carry out water proofing as and when required. The LICENSEE shall not be
responsible for any damages arising out of water leakages.
8.

PERMANENT ALTERATION
That the LICENSEE shall not be entitled to make any kind of permanent alteration in
the said Premises except with the written prior consent of the Licensor, provided that the
LICENSEE shall be entitled to install temporary detachable fixture and remove the same on
termination of the Agreement.

9.

INSPECTION
That the LICENSOR shall be entitled to inspect the said Premises after giving a prior
notice of 72 hours to the LICENSEE and the occupant of the said Premises. The LICENSEE
shall keep all fixtures, furniture, electric fittings, water connections, in good/maintained
running condition (normal wear and tear accepted).

10.

JUDICIAL / LEGAL POSSESSION

That at all times the legal/dejure possession of the said Premises and the said Facilities
shall always remain with the LICENSOR who shall have full charge and control over the
LICENSED PREMISES and the LICENSEE is merely granted temporary permission to occupy
and make use of the said Premisesand the said Facilities and hand it over on the expiry of the
stipulated period.
The Original set of Keys of the LICENSED PREMISES shall remain with the LICENSOR giving
the Licensee 2 (two) Sets of the Main Door and 1 (one) Set of all internal doors and
cupboards/furniture, and on expiry or earlier termination of the license, the Licensee shall
hand over the duplicate keys and any further duplicates made thereof, to the Licensors.

11.

TERMINATION
Either party can terminate this Agreement anytime, without giving any reason thereto,
after giving 30 (Thirty) days written notice to the LICENSOR thereby communicating its
intention of prematurely terminating the License.

12.

ADDRESS FOR COMMUNICATION

Any notice / letters required to be served by the parties hereto to the other party in
pursuance of this Agreement shall be served upon the following addresses of the Parties
LICENSOR:
OWNER NAME & ADDRESS
LICENSEE:
PRECISION AUTOMATION & ROBOTICS INDIA LTD.,
Gat No. 463A, 463B & 464, Village Dhangarwadi,
Tal: Khandala, Dist: Satara 412801. (MAH)

13.

TRANSFER / DISPOSAL OF PREMISES

It is expressly agreed by the parties hereto that in the event of the LICENSOR
selling/transferring the said Premises to any third party during the term of this Agreement, the
LICENSOR shall obtain appropriate writings from such transferee ensuring the uninterrupted
use of all the said Premises by the LICENSEE for the remaining term of these present. All
rights and liabilities of the LICENSOR including License Fee and Security Deposit and all
conditions herein shall automatically accrue to the transferee on such disposal of the said
Premises.

14.

RETENTION OF BILLS

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The LICENSEE shall be liable to make timely payment of the electricity, telephone, TV
Cable, broadband connection, piped gas bills etc. and shall be entitled to retain originals of
such bills, and shall provide photocopies of such bills and payment receipts thereof to the
LICENSOR for their information and records.
15.

FORCE MAJEURE
If during the subsistence of this Agreement, the said Premises is destroyed by tempest,
storm, act of God or any force majeure condition, the LICENSOR shall immediately carry out
repair thereto at their own cost, however, where the damage is beyond repair and to an extent
that the LICENSEE cannot be reasonably expected to stay in such damaged premises, in that
case, the LICENSEE reserves the right to terminate this Agreement without prior notice and
with immediate effect.

16.

COVENANT AS TO TITLE
The LICENSOR covenants that it has good title and is the absolute owner of the said
Premises and it has the full right, absolute power and authority to deal with the said Premises
and to grant a license in respect of the said Premises upon such terms as it deems fit. In the
event there being any defect or deficiency or inadequacy in the LICENSORS right to execute
this agreement the LICENSOR undertakes to indemnify the LICENSEE against all
consequences arising there from including damages, losses, costs or any other claims/actions
or proceedings by others in respect of quiet and peaceful use, occupation and possession of the
said Premises.

17.

INDEMNITY
The LICENSEE shall pay all bills/dues as agreed in terms hereof and handover the said
Premises to the LICENSOR in the state in which the LICENSEE took the possession of the said
Premises (normal wear and tear accepted). Further in the event that the LICENSEE does not
pay the agreed dues/bills in accordance with the terms of the Agreement, the LICENSEE shall
indemnify the LICENSOR against any loss/damage or cost which may be attributed to such
non-payment.

18.

STAMP DUTY/ REGISTRATION EXPENSES

Stamp duty, registration charges and all other expenses in respect of this agreement,
shall be borne equally by the LICENSOR and the LICENSEE.

19.

OTHERS
The LICENSEE, from time to time, may need to obtain any registration / permissions
etc. such as Shop Act License, VAT registration etc. In such case, the LICENSOR shall cooperate fully with the LICENSEE and issue the required No Objection Certification & sign such
papers as may be required for this purpose at no extra consideration. It is clearly understood
that all the expenses for the registrations etc. shall be entirely borne by the LICENSEE.
All disputes/differences relating to and/or arising out of this Leave and License
Agreement and/or anything done in pursuance thereof shall be subject to the exclusive
jurisdiction of the Courts at Halol.
The LICENSOR shall at his cost, is liable to take and continue to have sufficient
insurance towards fire, earthquake, flood (fire package policy), SRCC, Terrorist Damage, theft,
burglary etc. for the Leased Premises including all equipments provided by the Licensor.
IN WITNESS WHEREOF the parties hereto have put their respective hands to this Deed
on the day and date first mentioned hereinabove.

SIGNED, SEALED AND DELIVERED

By the within named LICENSOR

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]
MR. -------]
In the presence of
__________________________________ ]
__________________________________ ]
__________________________________ ]
SIGNED, SEALED AND DELIVERED
By the within named LICENSEE

PRECISION AUTOMATION & ROBOTICS INDIA LTD.

Through Their Authorized Personnel
MR. SHEKHAR CHANDRA SUYAL
]
In the presence of
__________________________________ ]
__________________________________ ]
__________________________________ ]

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SCHEDULE I
(SCHEDULE OF THE PROPERTY)
ALL THAT PIECE AND PARCEL of the property bearing Residential Flat No. ---- on
----Floor totally admeasuring approx. ----sq.ft. (consisting of a, in the building known as
-------,Address of flat, within the limits of Halol Local Authority and within the registration
district of UDHAMSINGHNAGAR, Sub District Taluka Halol and within the Jurisdiction of the
Sub Registrar Ahmadabad, together with all appurtenances and rights of easements pertaining
thereto, along with rights to use the exclusive basement car parking space, together with the
right to make use of the various amenities/facilities installed/provided/fitted out therein by the
LICENSOR which are listed out in Schedule-II hereunder given.

SCHEDULE - II
AVAILABLE FACILITIES:

POWER: Available

WATER: Available

DETAILS OF FURNISHING: As per List attached

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