LEAVE AND LICENSE AGREEMENT

ARTICLES

OF

AGREEMENT

Maharashtra this ___ day of

(1)

GADCHIROLI

made

at

Gadchiroli,

_________ 2015 BETWEEN

AGARBATTI

PROJECT

represented

by

Mr.Vinaykumar Gopalkrishnan- Project Manager having office at

Office of Chief Conservator of Forest, Dr.Ambedekar Samajik Nyay
Bhavan, Near Govt. ITI, Gadchiroli 442 605, hereinafter called "THE
LICENSORS" (Which expression shall unless repugnant to the
context or meaning thereof mean and include their respective heirs,
executors, administrators and assigns) of the ONE PART

AND

N.RANGA RAO & SONS PVT. LTD., the Company formed under the
provisions of the Companies Act, 1956, represented through
______________ having Office

at 90/91 Industrial Suburb,

G.R.Ramakrishnayya Road, Mysore 570 008 herein after called

"THE LICENSEE" (Which expression shall unless repugnant to the
context or meaning thereof mean and include its Successors and
assigns ) of the OTHER PART .
WHEREAS THE LICENSORS have represented to the
LICENSEE, that they have fully seized and possessed of the
Godown located at Gotangaon Village, Taluka Kurkheda, District
Gadchiroli, admeasuring to 224 sq. mtrs. carpet area (hereinafter for
the sake of brevity referred to as the Said Licensed Premises )

AND WHEREAS THE LICENSORS hereby declare that the

said Licensed Premises is free from all encumbrances of
whatsoever nature.
AND WHEREAS the LICENSEE , were in need of temporary
accommodation for the commercial purpose,

approached the

LICENSORS with a request to grant to them permission to use

and occupy the said Licensed Premises , for commercial purpose on
what is popularly known as LEAVE AND LICENSE basis for a
period of Thirty six months .
AND WHEREAS AS the LICENSEE have inspected the said
Licensed Premises and verified the area thereof and satisfied
themselves about the same.
AND WHEREAS at the request of the LICENSEE, THE
LICENSORS agreed to grant leave and license to the LICENSEE
for the commercial use of the said Licensed Premises without any
right, title or interest therein in favour of the LICENSEE for the said
period of Thirty six months only on the terms and conditions as
appearing hereinafter.
AND WHEREAS the parties hereto are desirous of embodying
all such terms, conditions and/or stipulations entered into this
Agreement between themselves in writing.
NOW IT IS HEREBY AGREED BY AND BETWEEN THE
PARTIES HERETO as under:
1.

In consideration of the compensation hereinafter reserved

and of the covenants and conditions hereinafter contained
and on the part of the LICENSEE to be paid, observed

and performed, the

LICENSORS do

hereby grant

permission to the LICENSEE to use and occupy on leave

and License basis, the said Licensed Premises for the
period of 36 months , commencing from _____________
and ending on ____________.
2.

The LICENSEE shall pay to the LICENSORS the License

fee / compensation for the commercial use of the said
Licensed Premises a sum of Rs.NIL since the Licensed
Premises shall be used by the LICENSEE to store
material that shall utilized only and only for the execution
of Gadchiroli Agarbatti Project, the LICENSORS.

3.

The said Licensed Premises are allowed to be used by

the LICENSEE on leave and license for commercial use
only and the LICENSEE will not be entitled to transfer the
benefit of this agreement to any third party. The juridical
possession of the said licensed Premises is and shall
continue to be with THE LICENSORS only.

4.

The LICENSEE to the intent that the obligations shall

continue throughout the term hereby created do hereby
expressly covenant with the LICENSORS as follows:
(a) It is agreed that this license shall stand revoked or
determined on the LICENSEE being declared as insolvent.
(b) That they will not do or cause or suffer to be done upon the
said Licensed Premises any act, which will be injurious or
offensive to the LICENSORS and they will not use the said
Licensed premises or any part their of for any illegal or
immoral purpose.

(c) That they will not store any hazardous or any of their
material prohibited under the Explosive Substances Act,
1908 or any of their law for the time being in force, in the
said Licensed premises.
(d) That they will not make any alterations, modifications or
changes of whatsoever nature and kind in the said
Licensed premises, without permission of the LICENSORS.
(e) That they will not sublet, underlet, assign, keep paying
guest or transfer or otherwise part with the possession of
the said Licensed premises or part there of to any person.
(f) That they will allow the LICENSORS or their agents and
representatives with or without workmen to enter into the
said Licensed premises without any prior notice to carry out
repair work or to do the inspection.
(g) That they shall at the expiration or sooner determination of
the said License , remove themselves with their belongings
and quietly surrender and deliver to the LICENSORS , the
said Licensed premises in such good condition.
7. The LICENSORS do hereby expressly covenant with the
LICENSEE as under, that is to say,
(a)

That they have in themselves good right, full power and

absolute authority to grant unto the LICENSEE the said Licensed

Premises on leave and License , in the manner herein before
mentioned.
(b) The said Licensed Premises is free from any encumbrances
or claim by way of sale, exchange, gift, trust, possession or lease
etc.
(c)

That the LICENSEE performing and observing all the

covenants, conditions on the part , herein contained shall hold

and enjoy the said Licensed premises during the agreed term

without any interruption by the LICENSORS or any other persons

claiming under them.
8. The LICENSEE shall not carry out any work of structural changes
or make additions or alterations of permanent nature to the said
Licensed Premises. The

LICENSEE shall not cause any

nuisance or annoyance to the adjoining premises Owner or store

any hazardous or dangerous goods which are prevented by law .
9. It is agreed that all notices required to be served by either of the
parties hereto upon the other shall be deemed to have been duly,
effectually and sufficiently served , if delivered by hand or
addressed by registered post at the addresses mentioned herein
above .
10.

On the expiry of the period of this agreement, or in the event

of sooner determination as the case may be, the LICENSEE shall

vacate the said Licensed premises along with their belongings,
to the satisfaction of the LICENSORS
11.It is specifically clarified that the said Licensed Premises shall
exclusively belong to the LICENSORS and by this writing no
right, title or interest of whatsoever nature, in favour of the
LICENSEE has been created. Nothing contained in this
Agreement is intended to be nor shall be construed as grant,
demise, tenancy, lease or assignment in law of the said Licensed
premises to the LICENSEE. This is merely a leave and License
granted by the LICENSORS to the LICENSEE for commercial
use of the said Licensed premises for the temporary period of
36 months. THE LICENSORS or their authorised representative
shall be entitled during the terms to enter the Licensed premises
at a reasonable time of the day upon giving not less than Twenty

four hours notice, for the purpose of inspecting the condition of

the Licensed premises and/or ensuring that the LICENSEE has
duly observed and complied with all its obligations under this
Agreement and is not in breach thereof.
12.

In

case

of

default

in

payment

of

monthly

compensation/License fee or any breach of any of the terms and

conditions of this agreement committed by the LICENSEE shall,
notwithstanding anything stated in this agreement, entitle the
LICENSORS to terminate this agreement by giving one month
notice in writing of their intention to do so.
13.

It is expressly agreed and understood by the LICENSEE that

this is a bare, non- exclusive license and nothing herein

contained shall be ever construed to create any right of tenancy ,
sub-tenancy, lease or sub-leases in favour of the Licensee and
the Juridical possession of the said Premises shall at all times
remains vested with THE LICENSORS and the LICENSEE shall
at no time claim any right, title or interest in the said Licensed
premises or any part thereof and it is fully recognized that he has
only a bare License to use and occupy the said Licensed
premises for Licensed period .
14.

It is agreed that the LICENSEE shall keep THE LICENSORS

indemnified in any action, proceeding , claims or demands arising

out of any act or omission or default of the LICENSEE , their
servants and agents and against all costs and expenses which
THE LICENSORS may has to pay or incur or sustain or suffer as
a result

of such action , proceedings, claims of demands

whatsoever.

15.

The LICENSEE hereby irrevocably declares and undertakes

that

they

have

carefully

considered

that

the

monthly

compensation payable for such use and occupation and

considers the same to be reasonable and proper and the
LICENSEE undertake that they shall at no time claim to be a
tenant or subtenant or Lessee or Sub-lessee of the said licensed
premises and shall under no circumstances claim that the
monthly compensation payable herein is rent or make any
application of standard rent or any other application for relaxation
of the compensation payable herein. This undertaking of the
LICENSEE

constitutes

the

fundamental

essence

of

this

agreement and the LICENSORS have entered into this

agreement expressly relying upon the correctness of the same.
16.

That the courts at Gadchiroli shall have jurisdiction to entertain

and try any dispute and/or differences arising out of in connection

with the terms of this agreement.

IN WITNESS WHEREOF the parties hereto have hereunto set

and subscribed their respective signatures on the day and year first
hereinabove written.
SIGNED SEALED AND DELIVERED
by the withinnamed LICENSORS
GADCHIROLI AGARBATTI PROJECT,
represent through Project Manager,
Mr.Vinaykumar Gopalkrishnan
in the presence of

SIGNED SEALED AND DELIVERED

by the withinnamed LICENSEE
N.RANGA RAO & SONS PVT. LTD,
represent through ___
Mr. _______
in the presence of