LEAVE AND LICENCE AGREEMENT

THIS AGREEMENT OF LEAVE and LICENSE is

made and entered into at Mumbai on this, the
1st day of FEBRUARY 2019 (Two thousand
and nineteen)

Between,

Shri Pushp s/o Late Shri Rameshwardas

Malani, Age: 60 Years, of Mumbai, Adult, Indian
Inhabitant,

PAN: AAJPK2256R UID: 5255 0894 3826

Email-id: prmalani@yahoo.com

residing at, 13, A - Avanti apartments, Flat no.

3 and 4, New Flank Road, Sion (East), Mumbai
– 400 022, Contact Number. 9323104466
hereinafter called the LICENSOR (which
expression unless be repugnant to the context or
meaning thereof be deemed to include his heirs,
executors, administrator and assigns) of the ONE
PART.

And,
Shri Satish s/o Rameshchandra Somani, Age:
46 Years, of Mumbai, Adult, Indian Inhabitant,
having his

PAN: ACMPS3627D UID: 6022 2556 5421

Email-id: satishsomani21@gmail.com

office/residence at A-503, Oswal Park,

Mahavir Chhaya, Anjurphata, Bhiwandi,
Contact No. 8378821740, Firm M/s Somani
Ceramics doing Business in Ceramics And
Building Materials, hereinafter called the
LICENSEE (which expression unless be
repugnant to the context or meaning thereof be
deemed to include his heir, executors,
administrators and assigns) of the OTHER
PART;

WHEREAS, the LICENSOR is the exclusive

owner, is seized and possessed of a Godown, and
the part in possession of him which is in name
of other family members and in use and
possession of him and family Firm M/s Malani
Brothers / Balaji Warehousing Corporation from
last more than 30 years being Plot No. 238, Nr.
Holy Mary High School, Rahnal – 421305
(Bhiwandi), admeasuring about 1600 sq. yards.
Here in after referred to as the 'SAID GODOWN'
for the sake of brevity.
AND WHEREAS, the LICENSEE has approached
the LICENSOR to give part A (front side) of the
SAID GODOWN to the LICENSEE (SAID
GODOWN property is divided into three parts –
A (front side), B (back side Godown and an office
building in passage ) and C, wherein part C is
divided into two parts – C1 (front side) and C2
(back side Godown) all A, B, C parts are in
possession of LICENSOR, Toilets situated in
front side of part C1 shall be used jointly by all
the parties) to be used on leave and license
basis, for a period of Forty six months on terms
and conditions hereinafter appearing;

NOW THIS AGREEMENT WINESSETH AS

UNDER:

1. The LICENSOR hereby state and declare

that he has allowed the LICENSEE to use
the said GODOWN with effect from 1st
February 2019 to 30th November 2022 for a
period of Forty six months on Leave and
License basis.
2. The LICENSEE has agreed to occupy and
use the said GODOWN for a period of Forty
six months purely on Leave and License
basis commencing on 1st February 2019
and expiring on 30th November 2022
3. The LICENSEE shall pay Rs.40.000.00/-
(Forty Thousand Only) as compensation for
 the use of the said GODOWN for the first 23
months (from 1st February 2019 to 31st
December 2020) and Rs.45000/- ( Forty
Five Thousand Only) for the next 23 months
(from 1st January 2020 to 30th November
2022) and will give the monthly
compensation as per the agreement
amount in cheques of 11 months in
advance every year (current and in coming
years) payable on or before 7Th of every
calendar month and if he fails to do so the
LICENSOR will have every right to cancel
this agreement.
4. The LICENSEE shall make payment thru an
account payee cheque drawn in the name of
the LICENSEE, and shall always ensure the
due discharge of the said cheque.
5. That the LICENSEE shall herewith, pay Rs.
50,000/- (Fifty Thousand Only) as and by
way of, “INTEREST FREE” security deposit
to the LICENSOR which shall be refunded
to the LICENSEE upon the handing over of
the vacant and peaceful possession of the
said GODOWN, after retaining Rs. 30,000/-
(Thirty Thousand Only) from the security
deposit, such amount shall remain with
LICENSOR at the time of vacating the
GODOWN and the said sum shall be used
towards the clearance of any outstanding
dues on account of electricity, telephone
 and other bills, which may have been
pending for the payment by the LICENSEE.
UPON the clearance, of all such dues, the
balance sum, from the said Rs. 30,000/-
(Thirty Thousand Only) shall be return to
the LICENSEE.
6. The above Rs. 50,000/- (Fifty Thousand
Only) security deposit, the LICENSEE shall
pay by cheque and will be returned to
LICENSEE at maturity (completion of 46
months) of this agreement OR only after
completion of minimum 23 months in case
LICENSEE wants to vacate the SAID
GODOWN on NOTICE before the maturity
of the agreement. If the LICENSOR wants to
vacate the SAID GODOWN on Notice before
the maturity of the agreement at any time
then the above said Rs.50,000/- (Fifty
Thousand Only) amount will be returned by
the LICENSOR.
7. The LICENSEE shall keep the said
GODOWN in good condition and if any
damages, breakages are caused to the said
GODOWN, the LICENSEE shall make good
the loss caused to the LICENSOR on
account of such damages and breakages.
8. The LICENSOR shall pay all maintenance
dues and municipal tax, etc., to all the
other concern authorities, in respect of the
said GODOWN, and keep the said
 GODOWN free from all types of actions, by
any statutory body, or corporation, due to
the default in payment of levies of taxes.
9. The LICENSEE shall obtain all license and
permits, as may be needed and stipulated,
for the storage of its goods in the said
GODOWN, and further, shall be solely
responsible for the storage of all sorts of
goods in the said GODOWN, The LICENSEE
undertakes to provide due security and
right to access at all time, to the said
possession part of the LICENSOR.
10. The LICENSEE shall keep the said
GODOWN in good condition and shall not
cause any nuisance and shall refrain from
doing any act, which might be objectionable
to the LICENSOR or the neighbors, and for
this purpose the LICENSOR shall have right
to enter and inspect the GODOWN at any
time suitable to him. The LICENSOR shall
not object to the LICENSEE carrying out
repairs to prevent leakage, seepage due to
rains, or to replace/repair the worn out
parts of the said GODOWN.
11. The LICENSEE shall not, permit or allow
anyone else to use the said GODOWN or,
grant license to use and occupy or, sublet
nor shall he transfer or assign the benefits
of this agreement to any third person.
12. The LICENSEE shall not carry any illegal
business or activities nor shall he store any
prohibited articles or commodities, which
could damage the GODOWN and shall
strictly observe the rules and regulation of
the Fire brigade, Municipal Corporation,
and the Police Department. The LICENSEE
undertakes to indemnify and at all times to
keep indemnified, the LICENSOR, for any
loss, cost, damages incurred by the
LICENSOR due to the storage of any illegal
material / commodity or for not obtaining
the requisite license for the storage of any
chemicals or substances.
13. The license shall be automatically
terminated on completion of the afore
defined Forty six months and immediately
there upon the LICENSEE shall handover
peaceful and vacant possession of said
GODOWN to the LICENSOR.
14. The LICENSOR shall have right to take
possession of the Godown on breach of any
of the terms and conditions on the part of
Licensee.
15. The LICENSOR and the LICENSEE hereby
covenant with each other that if the
LICENSEE to this agreement decides to
surrender the license earlier than the date
stipulated hereinabove, the LICENSEE of
this agreement shall give two month notice
 in writing to the LICENSOR of such
intention and accordingly the said
agreement shall remain terminated on
expiry of the notice period. Similarly, if the
LICENSEE desires to extend the license, he
shall give a ‘One month’ notice in writing,
and the parties to this agreement shall
renegotiate the terms and conditions of
fresh license as may be entered into, to
extend the license. Similarly, if the
LICENSOR desires to end the agreement
earlier than the date stipulated
hereinabove, the LICENSOR of the
agreement shall give two month notice in
writing to the LICENSEE of such intention
and accordingly the agreement shall remain
terminated on expiry of the notice period.
16. Upon the completion of the license period or
earlier termination hereof, as the case may
be, as herein provided, the LICENSEE shall
receive, from LICENSOR, the balance
amount or complete amount of SECURITY
DEPOSIT (as the case may be) after
deductions of monthly compensation, if any
due, as also all the arrears of charges due
as defined hereinabove, and monetary loss,
if any, suffered by the LICENSOR, by reason
of the operation (by the LICENSEE) of this
license, besides the loss in terms of money,
suffered by the LICENSOR on account of
 damage to the GODOWN, and / or fittings
/ fixtures therein.
17. At all times, the OWNERSHIP and LEGAL
POSSESSION and OCCUPATION of the
GODOWN shall be that of the LICENSOR
only, and the LICENSEE shall use and
occupy the said GODOWN as LICENSEE
only. The LICENSEE shall not claim any
interest of any nature whatsoever in the
said GODOWN, and that nothing in this
agreement shall be construed to be a
demise at law in respect of the GODOWN or
to confer the LICENSEE any right of
tenancy / sub-tenancy / lease / sub-lease,
etc., in respect of the said GODOWN.
18. That the LICENSEE shall, on expiry of the
period of this agreement or its earlier
revocation, and /or vacation, of said
GODOWN, as herein provided, remove
himself together with all his articles /
things and hand over the occupation to the
LICENSOR, peacefully, and without any
let/hindrance, in good order and condition
normal wear and tear expected.
19. That the LICENSOR and/or his authorized
agent/s shall have the right to visit / enter
the GODOWN for bona-fide inspection
purposes, at all reasonable time.
20. That the LICENSEE hereby confirm that the
Godown shall be occupied by him
 (LICENSEE) on "AS-IS-WHERE-IS" basis,
and that, therefore, any relevant laws /
rules to the contrary notwithstanding, he
(LICENSEE) shall not, during the period of
this license, or thereafter, demand or
require from the LICENSOR any payment
for any additions / alterations / repairs /
renovations, of the GODOWN, which, if
required by the LICENSEE, shall be carried
out by the LICENSEE at his own cost,
subject to obtaining prior permission from
the LICENSOR, who shall be required to
procure permission from the concerned
authorities, but at the cost of the
LICENSEE.
21. That the LICENSOR shall not be held
responsible for any damage that may be
caused to the LICENSEE or any of his
employees, agents or other invitees or to his
property, or furniture and material stored
in the said GODOWN weather by fire,
leakage, rain, breaking or bursting of water
pipes or due to any electricity or wire
installation or by any other cause
whatsoever. Insurance if any, for the
GODOWN shall be taken by the LICENSEE
at his cost.
22. That the LICENSEE doth hereby
agree/undertake that he, his staff, visitors,
shall :-

(a) Take all reasonable care of, all and

singular of the GODOWN, and shall
indemnify the LICENSOR from and
against any damage / loss (other than by
ordinary wear and tear) by reason of
normal use / occupation thereof, and he
shall not do any other thing as may cause
harm / damage to the said GODOWN,
and / or to the fixtures / fittings in the
said GODOWN, and shall take proper
care of the same as he would take in case
of his own property and shall always keep
the said GODOWN and its surroundings
in a clean / habitable / decent / sanitized
condition, free from waste/ rubbish.
(b) Not to cause or cause to be done, any act,
deed, or thing in or about the GODOWN
which is illegal/improper/indecent/
immoral or which may expose the
LICENSOR to any damage/loss/harm,
due to any legal action by the Government
or any action by the person so affected,
and shall not disturb/ injure/
damage/remove/shift/displace/
misplaced or cause to be displaced
/disturbed/injured/removed/
 shifted/misplaced, any of the fixtures/
fittings provided in the GODOWN.
(c) Observe all the rules/regulations, now in
force, or as may be imposed hereafter by
the concerned authorities, in respect of
his use /occupation of the Godown, from
time to time.

23. The LICENSEE shall conduct the business

from the said GODOWN in accordance with
the rules and regulations made under the
Bhiwandi Municipal Corporation Act or any
other law for time being in force applicable
to the said GODOWN and the LICENSEE
shall be liable to bear the entire
responsibility made there under. The
LICENSEE shall be solely responsible for
the taxes, charges, dues, levies etc. payable
in respect of their business and the
LICENSOR shall not be responsible for the
same under any circumstances.
24. That the LICENSEE hereby agrees to
indemnify the LICENSOR and his
representative, from all
claims/demands/damages/
actions/costs/charges, to which they may
have to be held liable by reason of any
activity/negligence/commission/non-
performance/non-observance, of any
terms/condition of this LICENCE, or
 otherwise, by the LICENSEE or any one
acting under him.
25. This Agreement does not create any
tenancy, or sub tenancy, and the Licensee
shall not claim any right to tenancy, sub
tenancy or any other right in respect of the
use of the said GODOWN, it is being hereby
expressly agreed that the LICENSEE’S
status under this agreement is and shall be
that of mere License for conducting
business and nothing more as provided the
Mumbai Rent Act, as amended up to date,
The License is given purely for conducting
business. The LICENSEE gives an
undertaking and expressed assurance
herein they will not claim any protection
under Mumbai Rent Act and amendment
thereto in respect of the said GODOWN.
26. This Agreement shall be reviewed at the
option of the LICENSOR in case there is any
change in the Mumbai Rent Act, which may
affect the rights of the LICENSOR. However,
conditions of the agreement shall continue
to be observed in the context of the
intentions between the parties and the
LICENSEE shall not claim any tenancy or
other rights.
27. The LICENSEE shall permit the LICENSOR
or his agent or representative at all
reasonable time during the period of this
 license to enter upon the said GODOWN for
inspecting the state and condition of the
same.
28. The LICENSEE agrees to deliver vacant and
peaceful possession of the said GODOWN
on the expiration of the agreement save and
except as provided hereinafter, in as good
condition as it was when the LICENSEE
obtained the possession, reasonable wear
and tear, loss or damage by tempest,
earthquake, fire, military, mob violence, act
of god or accident or irresistible force of
nature or any other cause beyond the
control of the LICESSEE being exempted.
29. This Contract made and Finalized at
Mumbai and the both parties, i.e. the
LICENSOR and LICENSEE both agreed on
terms that the Jurisdiction in case of any
dispute will be MUMBAI only.
IN WITNESS WHEREOF, THE PARTIES TO
HAVE HEREUNTO SET and SUBSCRIBED
THEIR RESPECTIVE HANDS ON THE DAY
____of February and THE YEAR 2019 FIRST
HEREIN ABOVE WRITTEN.

SIGNED,SEALED AND
)
DELIVERED by
The within named "LICENSOR" )
Shri Pushp Rameshwardas
)
Malani
]
] (LICENSOR)
In the presence of:
)

)
)
]

SIGNED, SEALED AND

)
DELIVERED by
By the within named
)
"LICENSEE"
Shri Satish R. Somani ]
]
] (LICENSEE]
In the presence of )
)
 RECEIPT

Received with thanks, from the within named

Licensee Shri Satish R. Somani, Cheque/Cash
No. _____________________ drawn on
______________ ______________________________
bank at its ___________ branch for a sum of Rs.
50,000/- (Rupees Fifty Thousand only) as an
“Interest Free” refundable, Security Deposit for
the License of the said Plot No. 238; Nr. Holy
Mary High School; Rahnal – 421305 (Bhiwandi),
in terms of the “Leave and License agreement
entered into with him, today, the 1st day of
February 2019.

I SAY RECEIVED

Shri. Pushp Rameshwardas Malani

[Licensor]