LEAVE AND LICENCE AGREEMENT

THIS AGREEMENT made at Mumbai this _____day of _________, 2014

BY AND BETWEEN

Mr. KINGSHUK GHOSH, Age about 39 years, and SRIRUPA SEN

GUPTA, Age about 35 years Indian residents presently residing at Tilia

801- Nahar Amrit Shakti, Chandivali, Andheri (E), Mumbai 400072

Hereinafter called the Licensor (which expression shall unless

repugnant to the context or meaning thereof including their heirs,

executors, administrators and assigns) of the ONE PART.

AND

Mr. ____________, Indian resident having his permanent address at

_______________________________________Hereinafter called as the

Licensee (which expression shall unless repugnant to the context or

meaning thereof including his heirs, executors, administrators and

assigns) of the OTHER PART.

Whereas the Licensee desires to take the aforesaid premises for the

purpose of residence for himself and his family for a term of Eleven (11)

months commencing from _________________.

The Licensor is the absolute owner of the Flat No 504, in the building

IVY situated at Nahars Amrit Shakti, Chandivali Farm Road,

Andheri (East) , Mumbai 400072 (herein after referred to as licensed

premises).

AND WHEREAS, the Licensee has agreed to take on leave and License

the said premises comprising of three bedrooms, drawing-cum-dining,

kitchen, one balcony and one car parking and measuring a total super

built up area of 1535 sq.ft. (approx.) or its thereabouts (hereinafter all

the above mentioned referred to as Premises) for the personal

residential purpose of the Licensees, for a period of Eleven (11) months

ending on ________________and whereas the Parties agree to execute this

agreement strictly under the following terms and conditions mutually

agreed and between the parties as follows:

NOW THESE PRESENTS WITNESS AND IT IS HEREBY AGREED BY

AND BETWEEN THE PARTIES HERE TO AS FOLLOWS:

1. GRANT OF LEAVE AND LICENSE.

At the request of the Licensee the Licensor hereby grant unto the

Licensee and the Licensee accepts from the Licensor on a Leave and

License to use and occupy the licensed premises without creating any

other right, Title and interest in favor of the Licensee.

2. TENURE

The Licensor shall deemed to be in judicial possession of the Licensed

Premises and the Licensee will be in use and occupation of the Licensed

Premises for Eleven (11) months only after this it is mutually agreed
between the parties hereto that License being the intention, the exclusive

possession of the Licensed Premises shall vest in the Licensor. The

Licensor can ask the licensee to vacate the premises at the end of the

tenure without any specific reason or explanation and the renewal of the

lease will be at the discretion of the licensor.

3. LIABILITY OF LICENSEES

The Licensee shall not store or allow to be stored in the Licensed

premises any goods, articles or things of hazardous or inflammable

nature or prohibited by law, nor the Licensee shall bring in articles of

hazardous, inflammable nature or otherwise prohibited by law in the

said premises nor shall the Licensee store or allow to be brought and

stored such hazardous, inflammable articles or otherwise prohibited by

any law, in the Licensed Premises or any part of the said building.

4. COMMENCEMENT AND EXPIRY DATE

This Agreement shall be deemed to have come into force with effect from

_________________________and subject to the terms thereof, shall remain

in force for a period of Eleven (11) months from the said date, with a

lock in period of Three (3) months. After Three (3) months lock in

period, the licensors or the licensee can terminate the agreement by

providing One month notice in writing to either party. On the expiry of

this leave and license agreement on the____________, this leave and

license will automatically come to an end and shall stand terminated.

5. MONTHLY COMPENSATION

The Licensees shall pay to Licensor a License Fee, compensation for the

use and occupation of the said Licensed Premises at the rate of

_____________________per month before 7th day of each and every calendar

month to the Licensor at the time of execution of the agreement.

6. STAMP DUTY AND REGISTRATION CHARGES

It is agreed by both the parties to register the agreement through

appropriate authorities. It is further expressly agreed under this leave

and license agreement that the Licensor and the Licensee shall bear in

equal shares the out-of-pocket expenses of the and in relation to this

Agreement. i.e. the actual stamp duty and registration charges.

7. SECURITY DEPOSIT

On the execution hereof of this Leave & License Agreement, the licensee

shall pay to the Licensor, a sum of Rs. 2,00,000/- (Rupees Two lac Only)

via two cheques, payable in favour of Kingshuk Ghosh for Rs.

1,00,000/- and another sum of Rs. 1,00,m000/- favouring Srirupa Sen

Ghosh as Interest-=free Refundable Security Deposit. The said Deposit

shall be refunded to the licensee on the termination of this agreement

and on receiving the peaceful possession of the licensed premises with

all the fittings and fixtures etc. in good condition and all dues having

been cleared by the licensee.

Also, on expiry or termination of the Agreement an amount of Rs.

20,000/- shall be retained by the Licensor from the deposit amount

before the deposit amount is refunded, till all electrical bills and other

bills, repairs, and replacements to all alterations made to the premises

arising out of installations made by the licensee during the period of stay

of the Licensee on the said premises, are paid by the Licensee. The

balance shall be refunded within 30 days from the date of expiry of the

agreement.

8. UTILITY BILLS AND SOCIETY RELATED OUTGOINGS

The Licensee shall also regularly pay all charge for Electricity, Gas, Cable TV

and Telephone connections etc., on or before due date directly to the

concerned authority and hand over the original receipts and bills to the

Licensor on a periodic basis. In case of any Lift Usage charges or society

entry Exit Fees applicable that is also to be borne by the Licensee. The

Licensor shall be paying all the society related outgoings and any

maintenance & Non Occupancy Charges including BMC taxes. In the event,

due to delay of payments of utility bills, if the security deposit lying with the

utility company is eroded, then the licensee shall make good of the security

deposit, to the extent of erosion.

9. THE LICENSEE HEREBY AGREES THAT DURING THE

SUBSISTENCE OF THIS AGREEMENT HE WILL:

a) Not carry out any work of structural repairs or additions or

alterations to the said premises. Only such alterations or

additions as are not of structural type or of permanent nature

 may be allowed to be made by the licensee inside the premises

with the previous permission of the Licensor.

b) Not sublet the premises either whole or any part thereof

during the period of occupancy and will handover peacefully

vacant possession of the premises to the Licensor or his

authorized agent on the termination of the agreement.

c) Use the premises purely for residential purposes and not for

any other purpose. The licensee shall not carry on and/or

cause to carry on any such activity which is illegal or immoral

and/or is against the permissible user of the premises.

d) See that all fittings and fixtures are in perfect order and shall

be responsible to restore the same condition in which they

have been taken over.

e) Allow the Licensor or his authorized representatives to enter

the said premises as is deemed necessary at reasonable hours

for the purpose of inspection

f) Observe all the Municipal Rules, regulations and byelaws of

the society in which the Licensed Premises is situated.

g) Look after electricity, water, sanitary fitting and plumbing

requirements and any day to day repairs arising out of the

normal wear and tear or resulting from any modification by

the Licensee shall be fully borne by the Licensee, and the

Licensor shall not be contributing to such costs. However, in

case of major repairs to the structure, electricity connection

and water and sanitary fittings, the Licensor would take care

of any costs arising out of such repairs.

h) Maintain all correspondence such as Postal letters/ registry/

societal bills etc. addressed to the Licensor received by the

 Licensee at the said premises and should be handed over to

the mediator (agency) or when licensor visits the premises.

i) Be given the copy of the said agreement and the original

license shall be retained by the licensor.

10. IN CASE OF ANY THEFT, LOSS DAMAGE, OR DESTRUCTION

OF ANY PROPERTY IN THE LICENSED PREMISES

The Licensor shall not be responsible or liable for any theft, loss damage,

or destruction of any property of the Licensee or to any Relative /Visitors

etc. in the said licensed premises or any part thereof any cause

whatsoever. Notwithstanding if at any time during the subsistence of the

lease the premises are damages/destroyed by fire, storm, flood, tempest,

earthquake, enemies, war, riot, civil commotion or any other irresistible

force or by act of God so as to make the premises unfit for use of

occupation, then in that event this lease may be terminated at the option

of the lessee and the lessee shall have the right to get the above

mentioned security refunded.

11. BREACH OF ANY TERM OR CONDITIONS

In the event of the Licensees committing breach of any of the term and

conditions herein contained and failing within a reasonable time (but in

any event, not more than seven days) to remedy or make such breach

good in spite of receipt of notice in writing from the Licensor, the

Licensor shall be entitled to terminate this License forthwith, provided

however, that this shall be without prejudice to the right of the Licensor

to terminate this License forthwith, on breach of any of the terms by the

Licensee. In case any default is committed by the Licensee in payment of

the compensation of the License fees/compensation, the Licensee shall

not be entitled to enter upon or remain in use and occupation of the said

Licensed premises and the Licensor alone shall remain in use and

occupation of the said Licensed premises either by himself or shall be

entitled to grant Leave and License to any other party.

12. LICENSOR WILL ALWAYS BE IN EXLCUSIVE POSSESSION OF

THE SAID FLAT.

Nothing herein contained shall constitute any demise or tenancy or sub

tenancy between the Licensor or Licensee or shall be deemed to create

any right to tenancy or any right or part thereof in favor of the Licensee,

it being the express intention of the parties hereto, that this is a mere

License and the Licensor shall at the all times have free and

unobstructed access to the Licensed premises. It is the express intention

of the parties that the Licensor shall be and shall always be deemed to

be in exclusive possession and full charge and control of the Licensed

Premises at all times have free and unobstructed entry into the Licensed

Premises. During the period of this agreement, Licensor will provide

advance intimation of at least 12 hours to the Licensee prior to seeking

entry into the licensed premises.

13. LICENSE IS PERSONAL TO LICENSEES

The License is personal to the Licensee and the Licensee shall not assign

the same or transfer the benefit of this Agreement or transfer his rights

therein to any third party.

14. TERMINATION

There will be a lock-in-period of Three (3) months from the date of

commencement for both the parties. During which, agreement cannot be

terminated. However it may be terminated by either side by giving One

month written notice in advance after the lock-in-period.

15. NOTICE

If the Licensor / Licensees are desirous of getting the Licensed Premises

vacated before the expiry of the Agreement, provided the lock-in period is

honored, they shall give One-month notice in writing to each other. The

notice can be hand delivered or sent by Registered A.D. Post and the

Licensees shall give the possession of the premises on the expiry of the

notice period.

16. SECTION 24 OF MAHARASHTRA RENT CONTROL ACT, 1999

Nothing anything contained above this agreement shall be governed by

Section 24 of Maharashtra Rent Control Act, 1999 and the Licensor

shall be entitled to recover the possession of the premises on expiry of

the License period and also recover the damages provided in the said

section.

17. PENALTY
It is agreed that if on expiry of this agreement or earlier termination as

per Para one to fourteen the Licensee fails to discontinue use and

occupation of the said premises, the Licensor will enter upon use and

occupy the said premises, without prejudice to the aforesaid and without

prejudice to other rights of the Licensor, in case for any reason

whatsoever the Licensee remains in occupation of the said premises he

shall be liable to pay and the Licensor shall be entitled to claim Rs.

1000/- per day by way of damages from the Licensee over and above

compensation of ________________per month till the Licensee

discontinues such use and occupation of the said premises.

18. DISPUTE RESOLUTION

Every dispute, differences, or question which may at any time arise

between the parties, hereto or any person claiming under them,

touching or arising out of or in respect of this agreement (deed), which

cannot be mutually resolved, shall be referred to the sole arbitrator

appointed by the __________and the decision of the Arbitrator shall be

Final and binding on all the parties. It is also made clear, that the

____________shall have the power to appoint any person even a retired

employee or consultant as an arbitrator. The venue of the Arbitration

shall be exclusively at Bombay.

Each Party shall bear and pay their respective Advocates Solicitors and Real Estate

Agents Cost

In Witness whereof the parties hereto have put and subscribed their respective

hands the day and year first herein above mentioned.

SIGNED AND DELIVERED

By the within named "Licensors"

MR. KINGSHUK GHOSH

MRS. SRIRUPA SEN GHOSH

In the presence of

SIGNED AND DELIVERED

By the within named "Licensee"

MR. _______________

In the presence of