AGREEMENT THIS AGREEMENT made and entered into at Bhayandar on this ____ day of ________ 20___, BETWEEN: M/s. G N DE- VELOPERS., a PARTNERSHIP FIRM having its office at ________________________________________, through its Partners ___________________________________, hereinafter referred to as “PROMOTER” (which expression unless it be repugnant to the context or meaning thereof shall deem to mean and include the said firm and its partner or partners from time to time and their respective heirs, executors, administrators and assigns) of the ONE PART AND SHRI/SMT./M/s. _______________________________________ having address at _____________________________________________________ _______________________________________________________________ ___ _______________________________________________________________ ___hereinafter referred to as "ALLOTTEE" (which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include his/her/their respective heirs, executors, administrators, successors and assigns) of the OTH- ER PART. WHEREAS : 1. Shri Motiram Shivram Bhoir was the owner of land bearing Old Survey No. 181, New Survey No. 50, Hissa No. 7/A, ad- measuring 3380 sq. meters, Old Survey No. 181, New Sur- vey No. 50, Hissa No. 9, admeasuring 400 sq. meters and Old Survey No. 182, New Survey No. 49, Hissa No. 3, ad- measuring 467 sq. meters, situate, lying and being at Village 1 Mira, Taluka and District Thane, in the Registration District and Sub-District of Thane and now within the limits of the Mira Bhayandar Municipal Corporation (for short, hereinaf- ter jointly and collectively referred to as the "Larger Proper- ty") 2. By an Agreement, dated 6th April, 1993, Shri Motiram Shivram Bhoir had agreed to sell the larger property to Shri Kishor K. Shah at the price and on the terms and conditions mentioned therein. 3. Shri Motiram Shivram Bhoir died intestate on 21st April, 1996 leaving behind his widow by name Smt. Kusumbai Motiram Bhoir, a son by name Shri Anil Motiram Bhoir, two daughters namely Ms. Rajashree Motiram Bhoir and Ms. Vasanti Motiram Bhoir as his heirs and legal representa- tives. 4. By a Mutation Entry No. 1702, dated 1st November, 1996, the names of Smt. Kusumbai Motiram Bhoir, Shri Anil Motiram Bhoir, Ms. Rajashree Motiram Bhoir and Ms. Vasanti Motiram Bhoir came to be recorded in the 7/12 ex- tract of the larger property the heirs of late Shri Motiram Shivram Bhoir. 5. Smt. Kusumbai Motiram Bhoir died intestate leaving be- hind her son by name Shri Anil Motiram Bhoir, two daugh- ters namely Ms. Rajashree Motiram Bhoir and Ms. Vasanti Motiram Bhoir as her heirs and legal representatives. 6. By a Triparty Agreement for Sale cum Development, dated 17th May, 2005, Shri Anil Motiram Bhoir, Ms. Rajashree Motiram Bhoir and Ms. Vasanti Motiram Bhoir with the con- 2 sent and confirmation of Shri Kishor K. Shah had agreed to sell the land bearing Old Survey No.181, New Survey No.50, Hissa No.7/A, admeasuring 3380 sq. meters, situate, lying and being at Village Mira, Taluka and District Thane, in the Registration District and Sub-District of Thane and now within the limits of the Mira Bhayandar Municipal Corpora- tion (for short, hereinafter referred to as the "First Proper- ty") to Shri Jayesh Kanji Maru at the price and on the terms and conditions stipulated therein. 7. In pursuance of a Triparty Agreement for Sale cum Devel- opment, dated 17th May, 2005, Shri Anil Motiram Bhoir, Ms. Rajashree Motiram Bhoir and Ms. Vasanti Motiram Bhoir had executed an Irrevocable General Power of Attor- ney, dated 17th May, 2005 in favour of Shri Jayesh Kanji Maru conferring upon him several powers inter-alia power to sell the first property to the person or persons of his choice. 8. By an Agreement for Sale cum Development, dated 28th Oc- tober, 2005, Shri Jayesh Kanji Maru had agreed to sell, transfer and assign the first property to Shri Uday Ghanshyam Naik, proprietor of M/s. G. N. Construction at the price and on the terms and conditions stipulated there- in. 9. In pursuance of an Agreement for Sale cum Development, dated 28th October, 2005, Shri Jayesh Kanji Maru had exe- cuted an Irrevocable General Power of Attorney, dated 26th May, 2006 registered in the office of Sub-Registrar of Assur- ance at Thane under Sr.No.TNN-4/4766/2006 in favour of Shri Uday Ghanshyam Naik, proprietor of M/s.G.N.Construction conferring upon him several powers inter-alia power to develop the first property by constructing building/s thereon. 3 10. In the 7/12 extract of the first property, the name of Estate Investment Co., Pvt. Ltd., was appearing as the Grantee of the Government. By a Deed of Release, dated 27th May, 2009, the Estate Investment Co., Pvt. Ltd., had released, relinquished and given up their claim in respect of the first property in favour of Shri Uday Ghanshyam Naik, proprietor of M/s. G. N. Construction for the consideration mentioned therein. 11. Shri Anil Motiram Bhoir, Ms. Rajashree Motiram Bhoir and Ms. Vasanti Motiram Bhoir, being the heirs of late Shri Moti- ram Shivram Bhoir and late Smt. Kusum Motiram Bhoir had executed a Power of Attorney, dated 25th May, 2005 regis- tered in the office of Sub-Registrar of Assurance at Thane under Sr. No. TNN-4/3885/2005 in favour of Shri Kishor K. Shah conferring upon him several powers inter-alia power to deal with the land bearing Old Survey No. 181, New Survey No. 50, Hissa No. 9, admeasuring 400 sq. meters and Old Survey No. 182, New Survey No. 49, Hissa No. 3, admeasur- ing 467 sq. meters, situate, lying and being at Village Mira, Taluka and District Thane, in the Registration District and Sub-District of Thane and now within the limits of the Mira Bhayandar Municipal Corporation (for short, hereinafter jointly and collectively referred to as the "Second Proper- ty"). 12. By an Agreement for Sale cum Development, dated 18th April, 2008, Shri Kishor K. Shah had agreed to sell the sec- ond property to Shri Uday Ghanshyam Naik, proprietor of M/s. G. N. Construction at the price and on the terms and conditions stipulated therein. 13. In pursuance of an Agreement for Sale cum Development, dated 18th April, 2008, Shri Kishor K. Shah had executed an 4 Irrevocable General Power of Attorney, dated 21st April, 2008 registered in the office of Sub-Registrar of Assurance at Thane under Sr. No. TNN-4/04767/2008 in favour of Shri Uday Ghanshyam Naik, proprietor of M/s. G. N. Construc- tion conferring upon him several powers inter-alia power to develop the second property by constructing building/s thereon. 14. In Other Rights Column of 7/12 extract of the second property, the name of Estate Investment Co., Pvt. Ltd., was appearing as the Grantee of the Government and as such, Shri Uday Ghanshyam Naik, proprietor of M/s. G. N. Construction has obtained No Objection Certificate No. EI/NOC/311/2010, dated 10th November, 2010 from the Es- tate Investment Co., Pvt. Ltd., to deal with the second property. 15. Smt. Tulsibai Govind Patil, Shri Govind Babaji Patil, Smt. Meena Govind Patil, Shri Bharat Govind Patil, Shri Deepak Govind Patil and Smt. Jayabai Yashwant Bhoir are the own- ers of land bearing Old Survey No.181, New Survey No.50, Hissa No. 7/B admeasuring 3000 sq. meters, situate, lying and being at village Mira, Taluka and District Thane and in the Registration District and Sub-District Thane and now within the limits of the Mira Bhayander Municipal Corpora- tion (for short, hereinafter referred to as the “Third Proper- ty”). 16. By an Agreement for Sale, dated 10th September, 1989, Smt. Tulsibai Govind Patil, Shri Govind Babaji Patil, Smt. Meena Govind Patil, Shri Bharat Govind Patil and Shri Deepak Go- vind Patil had agreed to sell the third property to M/s.United 5 Corporation at the price and on the terms and conditions therein. 17. In pursuance of an Agreement for Sale, dated 10th Septem- ber, 1989, Smt. Tulsibai Govind Patil, Shri Govind Babaji Patil, Smt. Meena Govind Patil, Shri Bharat Govind Patil and Shri Deepak Govind Patil had executed an Irrevocable Gen- eral Power of Attorney, dated 2nd June, 2005 registered in the office of Sub-Registrar of Assurance at Thane under Sr. No.TNN-10/03526/ 2005 in favour of M/s. United Corpora- tion conferring upon them several powers inter-alia power to sell the third property to the person or persons of their choice. 18. Smt. Jayabai Yashwant Bhoir was not a party to an Agree- ment for Sale, dated 10th September, 1989 and Irrevocable General Power of Attorney, dated 2nd June, 2005 executed by Smt. Tulsibai Govind Patil, Shri Govind Babaji Patil, Smt. Meena Govind Patil, Shri Bharat Govind Patil and Shri Deepak Govind Patil in favour of M/s. United Corporation in respect of the third property. 19. By executing Supplemental Agreement, dated 2nd June, 2005, Smt.Jayabai Yashwant Bhoir, Smt. Meena Govind Patil, Shri Bharat Govind Patil and Shri Deepak Govind Patil had confirmed and ratified an Agreement for Sale, dated 10th September, 1989 and an Irrevocable General Power of Attor- ney, dated 2nd June, 2005 executed by and between the par- ties thereto in respect of the third property. 20. Simultaneous to the execution of the Supplemental Agree- ment, dated 2nd June, 2005, Smt. Jayabai Yashwant Bhoir, Smt. Meena Govind Patil, Shri Bharat Govind Patil and Shri 6 Deepak Govind Patil had executed a Power of Attorney, dat- ed 27th October, 2005 registered in the office of Sub- Registrar of Assurance at Thane under Sr.No.TNN- 4/8095/2005 in favour of Shri. Mahesh N. Patel, being one of the partners of M/s. United Corporation conferring upon him power to deal with the third property. 21. By an Agreement for Sale cum Development, dated 9th July, 2005 M/s. United Corporation in its turn had agreed to sell, transfer and assign all its right, title and interest in respect of the third property to Shri Uday Ghanshyam Naik, propri- etor of M/s. G. N. Construction at the price and on the terms and conditions stipulated therein. 22. In pursuance of an Agreement for Sale cum Development, dated 9th July, 2005, the partners of M/s. United Corpora- tion had executed a General Power of Attorney, dated 27th October, 2005 registered in the office of Sub-Registrar of Assurance at Thane under Sr.No.TNN-4/08095/2005 in fa- vour of Shri Uday Ghanshyam Naik, proprietor of M/s. G.N. Construction conferring upon him several powers inter-alia power to develop the third property by constructing build- ing/s thereon. 23. In 7/12 extract of the third property, the name of Estate In- vestment Co., Pvt. Ltd., was appearing as the Grantee of the Government. By a Deed of Release, dated 27th May, 2009, the Estate Investment Co., Pvt. Ltd., had released, relin- quished and given up their right in the third property in favour of Shri Uday Ghanshyam Naik, proprietor of M/s. G. N. Construction. 7 24. Mrs. Maribai Sukur Patil was the owner of land bearing Old Survey No. 182, New Survey No. 49, Hissa No. 6, admeasur- ing 600 sq. meters, situate, lying and being at Village Mira, Taluka and District Thane, in the Registration District and Sub-District Thane and now within the limits of the Mira Bhayandar Municipal Corporation (for short hereinafter re- ferred to as the “Fourth Property”). 25. By a Deed of Conveyance, dated 12th December, 1978, Mrs.Maribai Sukur Patil had sold, transferred and conveyed the fourth property to Smt. Kusum Deepak Patil for the con- sideration mentioned therein. 26. By a Mutation Entry No. 1578, dated 31st January, 1992, the name of Smt. Kusum Deepak Patil came to be recorded in the 7/12 extract of the fourth property as the owner thereof. 27. By an Agreement, dated 3rd December, 2007, Smt. Kusum Deepak Patil had agreed to sell the fourth property to Shri Uday Ghanshyam Naik, proprietor of M/s. G. N. Construc- tion at the price and on the terms and conditions stipulated therein. 28. In pursuance of an Agreement dated 3rd December, 2007, Smt. Kusum Deepak Patil had executed an Irrevocable Gen- eral Power of Attorney, dated 4th December, 2007 registered in the office of Sub-Registrar of Assurance at Thane under Sr.No.TNN-4/10459 /2007 in favour of Shri Uday Ghanshyam Naik, proprietor of M/s. G.N. Construction, conferring upon him several powers inter-alia power to de- velop the fourth property by constructing building thereon. 8 29. Shri Hiren Venilal Sewak, being one of the partners of M/s. Buildwell Developers was claiming his purported right in the fourth property through Smt. Kusum Deepak Patil and her predecessors in title. 30. Shri Hiren Venilal Sewak had filed a Regular Civil Suit No.215 of 1992 in the Court of Civil Judge (S.D.) Thane against Smt.Kusum Deepak Patil and 13 others for seeking an order of declaration and injunction in respect of the fourth property. 31. By invoking the provisions of Order-1, Rule-10 of the Code of Civil Procedure, Shri Uday Ghanshyam Naik, proprietor of M/s. G. N. Construction had got impleaded as one of the party Defendants in Regular Civil Suit No. 215 of 1992. 32. M/s. Buildwell Developers and its partners failed to contest Regular Civil Suit No. 215 of 1992. Hence, byy an Order, dated 15th November, 2019, the Ld. Jt. Civil Judge (S.D.) Thane was pleased to disposed off Regular Civil Suit No.215 of 1992 for want of prosecution. 33. In Other Rights Column of 7/12 extract of the fourth prop- erty, the name of Estate Investment Co., Pvt. Ltd., was appearing as the Grantee of the Government and as such, Shri Uday Ghanshyam Naik, proprietor of M/s. G. N. Construction had obtained No Objection Certificate No. EI/NOC/314/2010, dated 10th November, 2010 from the Es- tate Investment Co., Pvt. Ltd., to deal with the fourth property. 34. Smt. Vithabai Waman Patil was the owner of land bearing Old Survey No.182, New Survey No.49, Hissa No.4, admeas- 9 uring 2610 sq. meters, situate, lying and being at Village Mi- ra, Taluka and District Thane, in the Registration District and Sub-District Thane and now within the limits of the Mi- ra Bhayandar Municipal Corporation (for short, hereinafter referred to as the “Fifth Property”). 35. By a registered Deed of Conveyance, dated 26th May, 1960 Smt. Vithabai Waman Patil had sold, transferred and con- veyed the fifth property to Shri Laxman Kashtya Patil for the consideration mentioned therein. 36. By a Mutation Entry No. 1064, dated 26th November, 1972, the name of Shri Laxman Kashtya Patil came to be recorded in the 7/12 extract of the fifth property as the owner thereof. 37. Shri Laxman Kashtya Patil died intestate leaving behind his widow by Smt. Babibai Laxman Patil, two sons namely Shri Atmaram Laxman Patil, Shri Mahendra Laxman Patil and a daughter by name Ms. Nirmala Laxman Patil as his heirs and legal representatives entitled to the estate of the de- ceased including the fifth property. 38. By a Mutation Entry No.1150, dated 2nd October, 1977, the names of Smt. Babibai Laxman Patil, Shri Atmaram Laxman Patil, Shri Mahendra Laxman Patil and Ms. Nirmala Laxman Patil came to be recorded in the 7/12 extract of the fifth property as the heirs of late Shri Laxman Kashtya Patil. 39. By an Agreement, dated 3rd April, 1983, Smt. Babibai Lax- man Patil, Shri Atmaram Laxman Patil, Shri Mahendra Laxman Patil and Ms. Nirmala Laxman Patil had agreed to sell the fifth property to Shri Babulal Jaggannath Agarwal 10 and Shri Premkumar Agarwal at the price and on the terms and conditions stipulated therein. 40. Smt. Babibai Laxman Patil died intestate leaving behind her two sons namely Shri Atmaram Laxman Patil, Shri Mahen- dra Laxman Patil and a daughter by name Ms. Nirmala Laxman Patil as her heirs and legal representatives entitled to the undivided share of the deceased in the fifth property. 41. Pending the finalization of the sale transaction by and be- tween the parties to an Agreement, dated 3rd April, 1983 in respect of the fifth property, Shri Atmaram Laxman Patil, Shri Mahendra Laxman Patil and Nirmala Laxman Patil had agreed to sell the fifth property to Shri Kishor K. Shah vide an Agreement, dated 12th April, 1993 at the price and on the terms and conditions stipulated therein. 42. In pursuance of an Agreement, dated 12th April, 1993, Shri Atmaram Laxman Patil, Shri Mahendra Laxman Patil and Ms. Nirmala Laxman Patil had executed a Power of Attorney, dated 4th July, 1993 registered in the office of Sub-Registrar of Assurance at Mumbai under Sr.No.BOM/R/3421/1/8/1993 in favour of Shri Kishor K. Shah conferring upon him several powers inter-alia power to sell the fifth property to the person or persons of his choice. 43. By an Agreement, dated 17th August, 2006, Shri Kishor K. Shah with the consent and confirmation of Shri Babulal Jaggannath Agarwal and Shri Premkumar Agarwal had agreed to sell the fifth property to Shri Uday Ghanshyam Naik, proprietor of M/s. G. N. Construction at the price and on the terms and conditions stipulated therein. 11 44. In pursuance of an Agreement dated 17th August, 2006, Shri Kishor K. Shah had executed an Irrevocable General Power of Attorney, dated 17th August, 2006 registered in the office of Sub-Registrar of Assurance at Thane under Sr.No.TNN- 4/07113/2006 in favour of Shri Uday Ghanshyam Naik, proprietor of M/s. G. N. Construction conferring upon him several powers inter-alia power to develop the fifth property by constructing building/s thereon. 45. In Other Rights Column of 7/12 extract of the fifth proper- ty, the name of Estate Investment Co., Pvt. Ltd., was ap- pearing as the Grantee of the Government and as such, Shri Uday Ghanshyam Naik, proprietor of M/s. G. N. Con- struction had obtained No Objection Certificate No. EI/NOC/313/2010, dated 10th November, 2010 from the Es- tate Investment Co., Pvt. Ltd., to deal with the fifth prop- erty. 46. In the 7/12 extract of the fifth property, the name of Shri Laxmikant Atmaram Patil alias Shekar Laxman Patil was er- roneously recorded and to confirm the absolute right and ti- tle of Shri Uday Ghanshyam Naik, proprietor of M/s. G. N. Construction in respect of the fifth property, Shri Laxmikant Atmaram Patil alias Shekar Laxman Patil at his free will and volition had executed a General Power of Attorney, dated 13th February, 2023 registered in the office of Sub-Registrar of Assurance at Thane under Sr. No. TNN-4/2841/2023 in favour of Shri Uday Ghanshyam Naik, proprietor of M/s. G. N. Construction conferring upon him several powers inter- alia power to do various acts, deeds, things and matters pertaining to the fifth property in his absolute discretion as the absolute owner thereof. 12 47. Shri Keshav Hari Bhoir was the owner of land bearing Old Survey No. 182, New Survey No. 49 Hissa No. 5, admeasur- ing 2070 sq. meters and Old Survey No. 182, New Survey No. 49, Hissa No. 8, admeasuring 100 sq. meters, situate, lying and being at Village Mira, Taluka and District Thane, in the Registration District and Sub-District Thane and now within the limits of the Mira Bhayandar Municipal Corpora- tion (for short hereinafter jointly and collectively referred to as the “Sixth Property”) 48. Shri Keshav Hari Bhoir died intestate in or about the year 1968 leaving behind his daughter by name Smt. Jayabai Yashwant Bhoir as his only heir and legal representative en- titled to the estate of the deceased including the sixth prop- erty. 49. By a Mutation Entry No.947, dated 6th April, 1968, the name of Smt. Jayabai Yashwant Bhoir came to be recorded in the 7/12 extract of the sixth property as the owner there- of. 50. By a Development Agreement, dated 3rd May, 2007 regis- tered in the office of Sub-Registrar of Assurance at Thane under Sr. No. TNN-4/04116/2007, Smt. Jayabai Yashwant Bhoir had agreed to grant and assign the development rights of the sixth property to Shri Uday Ghanshyam Naik, propri- etor of M/s. G. N. Construction at the price and on the terms and conditions stipulated therein. 51. In pursuance of a Development Agreement, dated 3rd May, 2007, Smt. Jayabai Yashwant Bhoir had executed an Irrevo- cable General Power of Attorney, dated 3rd May, 2007, regis- tered in the office of Sub-Registrar of Assurance at Thane 13 under Sr. No. TNN-4/ 04117/2007 in favour of Shri Uday Ghanshyam Naik, proprietor of M/s. G. N. Construction conferring upon him several powers inter-alia power to de- velop the sixth property by constructing building/s thereon. 52. In Other Rights Column of 7/12 extract of the sixth proper- ty, the name of Estate Investment Co., Pvt. Ltd., was ap- pearing as the Grantee of the Government and as such, Shri Uday Ghanshyam Naik, proprietor of M/s. G. N. Con- struction had obtained No Objection Certificate No. EI/NOC/312/2010, dated 10th November, 2010 and No Objec- tion Certificate No. EI/NOC/ 663/2011, dated 15th December, 2011 from the Estate Investment Co., Pvt. Ltd., to deal with the sixth property. 53. Shri Bistur Rama Bhoir was the owner of land bearing Old Survey No.181, New Survey No. 50, Hissa No.10, admeasur- ing 217 sq. meters, situate, lying and being at Village Mira, Taluka and District Thane, in the Registration District and Sub-District Thane and now within the limits of the Mira Bhayander Municipal Corporation (for short, hereinafter re- ferred to as the “Seventh Property”). 54. Shri Bistur Rama Bhoir died intestate on 9th April, 1974 leaving behind his widow Smt. Diwalibai Bistur Bhoir, three sons namely Shri Ramchandra Bistur Bhoir, Shri Vishnu Bistur Bhoir, Shri Madhukar Bistur Bhoir, two married daughters namely Smt. Kamlabai Hukumchand Bhoir and Smt. Kusumbai Kashinath Patil as his heirs and legal representatives entitled to the estate of the deceased including the seventh property. 14 55. Smt. Diwalibai Bistur Bhoir died intestate on 18th Decem- ber, 2000 leaving behind her Shri Ramchandra Bistur Bhoir, Shri Vishnu Bistur Bhoir, Shri Madhukar Bistur Bhoir, Smt. Kamlabai Hukumchand Bhoir and Smt. Kusumbai Kashinath Patil as his heirs and legal repre- sentatives entitled to the undivided share of the deceased in the seventh property. 56. Shri Ramchandra Bistur Bhoir died intestate on 29th June, 2003 leaving behind his widow by name Smt. Girijabai Ramchandra Bhoir, two sons namely Shri Pramod Ram- chandra Bhoir, Shri Vinod Ramchandra Bhoir, two daugh- ters namely Smt. Vimal Kanha Gharat and Smt. Chandra- kala Vijay Bhoir as his heirs and legal representatives enti- tled to the undivided share of the deceased in the seventh property. 57. Smt. Kusumbai Bistur Bhoir died intestate leaving behind her widower by name Shri Anand Kashinath Patil, three married daughters namely Smt. Chaguna Kanha Gharat, Smt. Rohini Atmaram Patil, Smt. Rajibai Raju Patil and a son by name Shri Naresh Kashinath Patil as her heirs and legal representatives entitled to the undivided share of the deceased in the seventh property. 58. By a Mutation Entry No. 1817, dated 1st March, 2006, the names of Shri Vishnu Bistur Bhoir, Madhukar Bistur Bhoir, Smt. Kamlabai Hukumchand Bhoir, Smt. Girijabai Ramchandra Bhoir, Shri Pramod Ramchandra Bhoir, Shri Vinod Ramchandra Bhoir, Smt. Vimal Kanha Gharat, Smt. Chandrakala Vijay Bhoir, Shri Anand Kahinath Patil, Smt. Chaguna Kanha Gharat, Smt. Rohini Atmaram Patil, Smt. 15 Rajibai Raju Patil and Shri Naresh Kashinath Patil came to be recorded in the 7/12 extract of the seventh property as the heirs of late Smt.Diwalibai Bistur Bhoir, late Shri Ramchandra Bistur Bhoir and late Smt. Kusumbai Bistur Bhoir. 59. By an Agreement for Sale cum Development, dated 8th March, 2006, Shri Vishnu Bistur Bhoir and others had agreed to sell the seventh property to Shri Sudhir Vithal Ghosalkar at the price and on the terms and conditions stipulated therein. 60. In pursuance of an Agreement for Sale cum Development, dated 8th March, 2006, Shri Vishnu Bistur Bhoir and oth- ers had executed an Irrevocable General Power of Attorney, dated 6th July, 2006 registered in the office of Sub- Registrar of Assurance at Thane under Sr. No. TNN- 4/06050/2006 in favour of Shri Sudhir Vithal Ghosalkar conferring upon him several powers inter-alia power to sell the seventh property to the person or persons of his choice. 61. By an Agreement for Sale cum Development, dated 7th June, 2007, Shri Sudhir Ghosalkar in his turn had agreed to sell the seventh property to Shri Uday Ghanshyam Naik, proprietor of M/s. G. N. Construction at the price and on the terms and conditions stipulated therein. 62. In pursuance of an Agreement for Sale cum Development, dated 7th June, 2007, Shri Sudhir Ghosalkar in the capaci- ty of Smt. Chaguna Kanha Gharat and others had execut- ed an Irrevocable General Power of Attorney, dated 28th November, 2007 registered in the office of Sub-Registrar of 16 Assurance at Thane under Sr.No.TNN-4/10281/2007 in favour of Shri Uday Ghanshyam Naik, proprietor of M/s.G.N.Construction conferring upon him several powers inter-alia power to develop the seventh property by con- structing building/s thereon. 63. In Other Rights Column of 7/12 extract of the seventh property, the name of Estate Investment Co., Pvt. Ltd., was appearing as the Grantee of the Government and as such, Shri Uday Ghanshyam Naik, proprietor of M/s. G. N. Construction had obtained No Objection Certificate No. EI/NOC/310/2010, dated 10th November, 2010 from the Es- tate Investment Co., Pvt. Ltd.,to deal with the seventh property. 64. By a Development Agreement, dated 6th January, 2012 reg- istered in the office of Sub-Registrar of Assurance at Thane under Sr.No.TNN-7/860/2012, Smt. Vimal Kanha Gharat in her turn had agreed to sell her undivided right, title, in- terest and share in the seventh property to Shri Uday Ghanshyam Naik, proprietor of M/s. G. N. Construction at the price and on the terms and conditions stipulated there- in. 65. By a Deed of Conveyance, dated 6th February, 2012 regis- tered in the office of Sub-Registrar of Assurance at Thane under Sr.No.TNN-7/867/2012, Smt. Kamlabai Hukum- chand Bhoir, Smt. Dwarkabai Manohar Bhoir and Shri Ni- tesh Manohar Bhoir had sold, transferred and conveyed the seventh property to Shri Uday Ghanshyam Naik, pro- prietor of M/s. G. N. Construction for the consideration mentioned therein. 17 66. By a Development Agreement, dated 12th March, 2012 regis- tered in the office of Sub-Registrar of Assurance at Thane under Sr.No.TNN- 7/1943/2012, Shri Uday Ghanshyam Naik, proprietor of M/s. G. N. Construction had granted the development rights of Building No. 19, ‘A’ Type, admeasuring 2879.01 sq. meters of F.S.I. the then to be constructed in the layout of land bearing Old Survey No. 181, New Survey No. 50, Hissa No. 7(Part), situate, lying and being at Village Mira, Taluka and District Thane including the second, fourth to seventh property (for short hereinafter referred to as the “Building No.19-A”) to M/s. Shashwat Developers at the price and on the terms and conditions stipulated therein. 67. In pursuance of Development Agreement, dated 12th March, 2012, Shri Uday Ghanshyam Naik, proprietor of M/s. G. N. Construction had executed a Power of Attorney, dated 12th March, 2012 registered in the office of Sub-Registrar of As- surance at Thane under Sr.No.TNN-7/1944/2012 in fa- vour of the partners of M/s. Shashwat Developers confer- ring upon them several powers inter-alia power to con- struct Building No.19-A in the layout of land bearing Old Survey No. 181, New Survey No. 50, Hissa No. 7(Part), situate, lying and being at Village Mira, Taluka and District Thane in- cluding the second, fourth to seventh property. 68. By a Development Agreement, dated 30th November, 2019 registered in the office of Sub-Registrar of Assurance at Thane under Sr. No. TNN- 10/9435/2019, Shri Uday Ghanshyam Naik, proprietor of M/s. G. N. Construction had granted the development rights of Building No. 21, ‘C’ Type consisting of Stilt + One Upper Floor, admeasuring 197.99 sq. meters and additional area proposed to be amend- ed after loading of TDR/DRC of 2681.02 sq. meters, totally 18 admeasuring 2879.01 sq. meters of F.S.I. comprising total 58 flats having plinth area admeasuring 292.75 sq. meters the then to be constructed in the layout of the fifth and sixth property (for short hereinafter referred to as the (“Building No.21”) to M/s. G.N. Developers at the price and on the terms and conditions stipulated therein. 69. By a Development Agreement, dated 10th June, 2022 regis- tered in the office of Sub-Registrar of Assurance at Thane under Sr.No.TNN- 10/9506/2022, Shri Uday Ghanshyam Naik, proprietor of M/s. G. N. Construction had granted the development rights of Building No.22, ‘D’ Type consisting of Ground + Twenty-two floors comprising 85 flats, totally ad- measuring 5783.97 sq. meters the then to be constructed in the layout of the fourth to sixth property (for short hereinaf- ter referred to as the “Building No.22”) to M/s. Raj In- fraempire Pvt. Ltd., at the price and on the terms and condi- tions stipulated therein. 70. In pursuance of registered Development Agreement, dated 10th June, 2022, Shri Uday Ghanshyam Naik, proprietor of M/s. G. N. Construction had executed an Irrevocable Gen- eral Power of Attorney, dated 10th June, 2022 registered in the office of Sub-Registrar of Assurance at Thane under Sr. No.TNN- 10/9507/2022 in favour of the directors of M/s. Raj Infraempire Pvt. Ltd., conferring upon them several pow- ers inter-alia power to develop Building No. 22 then to be con- structed in the layout of the fourth to sixth property. 71. By a Deed of Conveyance, dated 22nd December, 2020, regis- tered in the Office of Sub-Registrar of Assurance at Thane un- der Sr.No.TNN-4/9737/2020, Shri Anil Motiram Bhoir and others had conveyed the land bearing Old Survey No. 181, New Survey No. 50, Hissa No. 7/A, admeasuring 3380 19 sq.meters and Old Survey No. 181, New Survey No. 50, Hissa No. 7/B, admeasuring 3000 sq.meters, situate at Village Mire, Taluka and District Thane to Shri Shashvat Build- ing No. 1 to 5 Co-operative Housing Society Ltd.,. 72. By a Supplementary Agreement for Development, dated 13th December, 2023, registered in the Office of Sub- Registrar of Assurance at Thane under Sr.No.TNN- 10/22194/2023, Shri Uday Ghanshyam Naik, proprietor of M/s. G. N. Construction had granted development rights of additional F.S.I of the Building No. 21 i.e. an admeasuring 1838.02 sq. meters the then to be constructed in the layout of the fifth and sixth property to M/s. G.N. Developers at the price and on the terms and conditions stipulated therein. 73. Shri Uday Ghanshyam Naik, proprietor of M/s. G. N. Con- struction in the capacity of Developer of the first to seventh property had obtained following permissions and sanctions from the authorities concerned for constructing buildings in the layout of the first to seventh property. i. Order No. ULC/TA/Mira/SR-16, dated 17th August, 1988 from the Addl. Collector and Competent Authori- ty, Thane. ii. Order No. ULC/TA/ATP/WSHS-20/SR-1735, dated 24th January, 2007 from the Addl. Collector and Competent Authority, Thane. iii. N.A. Permission No. Revenue/K-1/T- 1/NAP/SR/81/06, dated 13th March, 2007 granted by the Collector of Thane pertaining to the first to sev- enth property. 20 iv. Order No. ULC/TA/ATP/Section -20/BD/SR–564 +1601, dated 28th August, 2009 from the Addl. Collec- tor and Competent Authority, Thane. v. Layout Plan No. MB/MNP/NR/ 2233/2008-2009, dated 27th August, 2009 approved by the Mira Bha- yandar Municipal Corporation pertaining to first to seventh property. vi. No Objection Certificate No. E.I./NOC/310 to 314, dated 10th November, 2010, No Objection Certificate No. E.I./NOC/ 663/2011, dated 15th December, 2011 and No Objection Certificate No. RE/841, dated 1st December, 2006 issued by the Estate Investment Co., Pvt. Ltd., to convert the first to seventh prop- erty for non-agricultural use. vii. Commencement Certificate No. MB/MNP/NR/770/2011 -12, dated 31st May, 2011 issued by the Mira Bhayandar Municipal Corpora- tion to commence with the construction of the follow- ing buildings in the layout of the first to seven the property. a. Building No. A consisting of Stilt + 15 Upper Floors. b. Building No. B consisting of Stilt + Ten Upper Floors. c. Building No. C consisting of Stilt + One Upper Floor. d. Building No. D consisting of Stilt + One Upper Floor. 21 e. Building No. E consisting of Stilt + One Upper Floor. viii. Provisional No Objection Certificate No. MBMC/FIRE/ 103/ 2011-12 dated 18th June, 2011 issued by the Chief Fire Officer of the Mira Bhayandar Municipal Corporation for constructing the buildings. ix. Revised No Objection Certificate No. MBMC/FIRE/83/ 2022-23 dated 12th April, 2022 issued by the Chief Fire Officer of the Mira Bhayandar Municipal Corpora- tion for constructing the buildings. x. Revised Commencement Certificate No. MNP/NR/ 2446/ 2023-24, dated 1st November, 2023 issued by the Mira Bhayandar Municipal Corporation to commence with the construction of the following buildings in the layout of the first to seven the proper- ty. a. Building No. B consisting of Stilt + Twenty Two Upper Floors. b Building No. C consisting of Stilt + Twenty Two Upper Floor. c. Building No. D consisting of Stilt + Nineteen Upper Floor. d. Building No. E consisting of Stilt + One Upper Floor. e. Parking Tower consisting of Ground + Eight Upper Floor. 22 74. Title Clearance Certificate, dated __________________ is- sued by the Advocate of the Promoter certifying that title to the first to seventh property is clear, marketable and free from all encumbrances. Hereto annexed and marked as Annexure -____ is the photo copy of Title Clearance Certificate, dated ____________. 75. In the premises aforesaid, the Promoter herein is abso- lutely entitled to construct the said building, more partic- ularly described in the Second Schedule hereunder writ- ten. 76. The Promoter herein has undertaken the work of con- struction of Building No. 21, ‘C’ Type consisting of Stilt + Twenty Two Upper Floors, admeasuring 5783.97 sq.meters to be constructed in the layout of the Fifth to Sixth property , more particularly described in the Second Schedule hereunder written (hereinafter referred to as the “Said Building” for the sake of brevity and convenience). 77. The Promoter hereby represent that save and except the permissions and sanctions granted by the authorities concerned as mentioned in the foregoing recitals no any permissions or sanctions required by the Promoter to pro- ceed with the construction of the building in the layout of the fifth to sixth property as per the approved plan. 79. The Promoter hereby represent that the fifth to sixth property, more particularly described in the Second Schedule hereunder written is in its exclusive physical possession as the owner thereof. 23 80. The Promoter are entitled and enjoyed upon to construct the building in the layout of the fifth to sixth property as per the plan sanctioned and approved by the Mira Bha- yandar Municipal Corporation. 81. Based upon the permissions and sanctions granted/to be granted by the authorities concerned as referred in the foregoing recitals, the Promoter has undertaken the work of construction of the said building. 82. The Allottee has offered a Flat No.________, admeasuring __________ on the _______ floor in ‘C’ Type Building in the Complex known “____________________”, being construct- ed in the layout of the fifth to sixth property, more partic- ularly described in the Third Schedule hereunder written (hereinafter referred to as the “Said Flat” for the sake of brevity and convenience). Hereto annexed and marked as Annexure-____ is the description of the flat along with boundaries in all four directions. 83. The Promoter has entered into a standard agreement with an Architect registered with the Council of Architects and such agreement is as per the agreement prescribed by the Council of Architects. 84. The Promoter has registered the project under the provi- sions of the Act with the Real Estate (Regulation and De- velopment) Act, 2016 read with Maharashtra Rules, 2017 with the Real Estate Regulatory Authority at Thane under Registration No.__________ . Hereto annexed and marked 24 as Annexure-_____ is the photo copy of the Registration Certificate of the said property. 85. The Promoter has appointed a structural Engineer for the preparation of the structural design and drawings of the building and the Promoter accepts the professional super- vision of the Architect and the structural Engineer till the completion of the building. 86. By virtue of the agreements executed by and between the parties thereto read with power of attorneys as mentioned in the foregoing recitals, the Promoter has sole and exclu- sive right to sell the flats in the said building to be con- structed by the Promoter on the said property, more par- ticularly described in the Second Schedule hereunder written and to enter into agreement/s with the Allottee/s of the flats and to receive the sale consideration in respect thereof. 87. On demand from the Allottee/s, the Promoter has given inspection to the Allottee of all the documents of title re- lating to the said property and the plans, designs and specification prepared by the Promoter’s Architects _____________________________ and of such other docu- ments as are specified under the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as the “Said Act”) and the Rules and Regulations made there- under. 88. The authenticated copies of Certificate of Title issued by the advocate of the Promoter, authenticated copies of Vil- 25 lage Forms VI and VII and XII and other relevant revenue record showing the nature of the title of the Promoter to the said property on which the building is to be con- structed have been annexed hereto and marked as An- nexure-____ and Annexure-_____ respectively. 89. The authenticated copies of the plans of the layout as ap- proved by the Mira Bhayandar Municipal Corporation. Hereto annexed and marked as Annexure-______ is the copy of the layout plan as approved by the Mira Bhayan- dar Municipal Corporation. 90. The authenticated copies of the plans of the layout as proposed by the Promoter and according to which the construction of the building and open spaces are pro- posed to be provided for on the said property. Hereto an- nexed and marked as Annexure-_____ is the copy of the layout plan as proposed by the Promoter. 91. The authenticated copies of the plans and specifications of the flats agreed to be purchased by the Allottee as sanctioned and approved by the Mira Bhayandar Munici- pal Corporation. Hereto annexed and marked as Annex- ure-_______ is the copy of the plans and specifications as sanctioned and approved by the Mira Bhayandar Munici- pal. 92. The Promoter has got some of the approvals from the con- cerned local authorities to the plans, specifications, eleva- tions, sections and of the said building and shall obtain the balance approvals from various authorities from time 26 to time so as to obtain Building Completion Certificate/ Occupancy Certificate of the said building. 93. While sanctioning the said plans the Mira Bhayandar Municipal Corporation has laid down certain terms, con- ditions, stipulations and restrictions which are to be ob- served and performed by the Promoter while developing the property and said building and upon due observance and performance of which only the completion or occu- pancy certificate in respect of the said building shall be granted by the Mira Bhayandar Municipal Corporation. 94. The Promoter has accordingly commenced the construc- tion of the said building in accordance with the said pro- posed plans. 95. The Allottee has applied to the Promoter for allotment of an Flat No. ____ on _____ floor in Building known as ______________, being constructed in the layout of the fifth to sixth property. 96. The carpet area of the said flat is ________ sq. meters and carpet area means the net usable floor area of the flat, ex- cluding the area covered by the external walls areas un- der services shafts, exclusive balcony appurtenant to the said flat for exclusive use of the Allottee or verandah area and exclusive open terrace area appurtenant to the said flat for exclusive use of the Allottee but includes the area covered by the internal partition walls of the flat. 27 97. The parties relying on the confirmation, representation and assurances of each other to faithfully abide by all the terms, conditions and stipulations contained in the agreement and all applicable laws are now willing to enter into this agreement on the terms and conditions appear- ing hereinafter. 98. Prior to the execution of these presents, the Allottee has paid to the Promoter a sum of Rs._________/- (Rupees _________________ Only) being part of the payment of sale consideration of the flat agreed to be sold by the Promoter to the Allottee as advance payment or Application Fee (the Promoter doth hereby admit and acknowledge to have re- ceived the said sum by signing the receipt clause written hereunder) and the Allottee has agreed to pay to the Pro- moter the balance of sale consideration in the manner hereinafter appearing. 99. The Promoter has registered the project under the provi- sions of the Real Estate (Regulation & Redevelopment) Act, 2016 with the Real Estate Regulatory Authority at __________ No._______________; 100. Under Section 13 of the said Act, the Promoter is required to execute a written agreement for sale of the said flat with the Allottee, being in fact these presents and also to register said agreement under the provisions of Indian Registration Act, 1908. 101. In accordance with the terms and conditions set out in this agreement and as mutually agreed upon by and be- 28 tween the parties, the Promoter hereby agrees to sell and the Allottee hereby agrees to purchase the flat and the garage/covered parking. NOW THEREFORE, THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PAR- TIES HERETO AS FOLLOWS : 1. The Promoter shall construct ‘D’ Type Building consisting of Stilt + Nineteen Upper Floors, in accordance with the plans, designs and specifications as approved by the Mira Bhayandar Municipal Corporation from time to time Provided that the Promoter shall have to obtain prior consent in writing of the Allottee in respect of variations or mod- ifications which may adversely affect the flat of the Allottee ex- cept any alteration or addition required by any Government au- thorities or due to change in law. 1(a)(i) The Allottee hereby agrees to purchase from the Promoter and the Promoter hereby agrees to sell to the Allottee Flat No._______ of ‘C’ type building ___________ of carpet area ad- measuring ______ sq. meters on ________ floor in the Complex known as _________________ (hereinafter referred to as the “Flat”), more particularly described in the Third Schedule hereunder written as shown in the floor plan thereof hereto annexed and marked Annex- ures ___________ for the consideration of Rs.__________/- including Rs.__________/- be- 29 ing the proportionate price of the common areas and facilities appurtenant to the prem- ises, the nature, extent and description of the common areas and facilities which are more particularly described in the Third Schedule hereunder written (the price of the flat in- cluding the proportionate price of the com- mon areas and facilities and parking spaces should be shown separately). (ii) The Allottee hereby agrees to purchase from the Promoter and the Promoter hereby agrees to sell to the Allottee Stilt Parking No. ___________ situate at __________ being con- structed in the layout for the consideration of Rs.___________/-. (iii) The Allottee hereby agrees to purchase from the Promoter and the Promoter hereby agrees to sell to the Allottee covered parking spaces bearing Nos. ____ situate at _________ base- ment and/or stilt _________, being construct- ed in the layout for the consideration of Rs.___________/-. 1(b) The total aggregate consideration amount for the Flat including Stilt parking spaces is thus Rs.________________/-. 1(c) The Allottee has paid on or before execution of this agreement a sum of Rs. ____________/- (Rupees 30 ________________ Only) as advance payment or ap- plication fee and hereby agrees to pay to the Pro- moter the balance amount of Rs. ____________/- (Rupees ________________ Only) in the following manner :- i. Rs. __________/- (Rupees _______________ On- ly) being the 20% of the total consideration of the said flat to be paid by the Allottee to the Promoter on execution of these presents. ii. Rs. __________/- (Rupees _______________ On- ly) being 10% of the total consideration of the said flat to be paid by the Allottee to the Pro- moter on completion of the Plinth of the building or wing in which the said flat is lo- cated. iii. Rs. __________/- (Rupees _______________ On- ly) being the 5% of the total consideration of the said flat to be paid by the Allottee to the Promoter on completion of the first slab of the building in which the said flat is located. iv. Rs. __________/- (Rupees _______________ On- ly) being the 5% of the total consideration of the said flat to be paid by the Allottee to the Promoter on completion of the third slab of the building in which the said flat is located. v. Rs. __________/- (Rupees _______________ On- ly) being the 5% of the total consideration of 31 the said flat to be paid by the Allottee to the Promoter on completion of the sixth slab of the building in which the said flat is located. vi. Rs. __________/- (Rupees _______________ On- ly) being the 5 % of the total consideration of the said flat to be paid by the Allottee to the Promoter on completion of the ninth slab of the building in which the said flat is located. vii. Rs. __________/- (Rupees _______________ On- ly) being the 5 % of the total consideration of the said flat to be paid by the Allottee to the Promoter on completion of the twelfth slab of the building in which the said flat is located. viii. Rs. __________/- (Rupees _______________ On- ly) being the 5 % of the total consideration of the said flat to be paid by the Allottee to the Promoter on completion of the fifteenth slab of the building in which the said flat is locat- ed. ix. Rs. __________/- (Rupees _______________ On- ly) being the 5 % of the total consideration of the said flat to be paid by the Allottee to the Promoter on completion of the eighteenth slab of the building in which the said flat is locat- ed. x. Rs. __________/- (Rupees _______________ On- ly) being the 5 % of the total consideration of 32 the said flat to be paid by the Allottee to the Promoter on completion of the final slab of the building in which the said flat is located. xi. Rs. __________/- (Rupees _______________ On- ly) being 5 % of the total consideration of the said flat to be paid by the Allottee to the Pro- moter on completion of the brick work of the building in which the said flat is located. xii. Rs. __________/- (Rupees _______________ On- ly) being 5 % of the total consideration of the said flat to be paid by the Allottee to the Pro- moter on completion of the walls, internal plaster of the building in which the said flat is located. xiii. Rs. __________/- (Rupees _______________ On- ly) being 5% of the total consideration of the said flat to be paid by the Allottee to the Pro- moter on completion of the floorings, doors and windows of the building in which the said flat is located. xiv. Rs.__________/- (Rupees ______________ Only) being 5 % of the total consideration of the said flat to be paid by the Allottee to the Pro- moter on completion of Plumbing and all oth- er requirements as may be prescribed in the agreement of sale of the building in which the said flat is located. 33 xv. Rs.__________/- (Rupees ______________ Only) being 5 % of the total consideration of the said flat to be paid by the Allottee to the Pro- moter on completion of the lifts, water pumps, electrical fittings, electro, mechanical and environment requirements, entrance lob- by/s, plinth protection, paving of areas ap- pertain and all other requirements as may be prescribed in the agreement of sale of the building in which the said flat is located. xvi. Balance 5% of Rs.__________/- (Rupees ______________ Only) against and at the time of handing over of the possession of the said flat to be paid by the Allottee or after receipt of occupancy certificate or completion certifi- cate. 1(d) The total price above excludes taxes (consisting of tax paid or payable by the Promoter by way of G.S.T or any other similar taxes which may be levied in connection with the construction of and carrying out the Project payable by the Promoter) upto the date of handing over the possession of the flat. 1(e) the total price is escalation-free, save and except escalations/increases due to increase on account of development charges payable to the competent au- thority and/or any other increase in charges which may be levied or imposed by the competent authori- 34 ty Local Bodies/Government from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in develop- ment charges cost or levies imposed by the compe- tent authorities etc., the Promoter shall enclose the said notification/ order/rule/ regulation pub- lished/issued in that behalf to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent pay- ments. 1(f) The Promoter may allow in its sole discretion, a re- bate for early payments of equal installments paya- ble by the Allottee by discounting such early pay- ments @ ___% per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal once granted to an Allottee by the Promoter. 1(g) The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the con- struction of the building is complete and the occu- pancy certificate is granted by the competent au- thority by furnishing details of the changes if any, in the carpet area, subject to a variation cap of three percent. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter, if there is any reduction in the carpet ar- ea within the defined limit then Promoter shall re- fund the excess money paid by Allottee with forty 35 five days with annual interest at the rate specified in the rules, from the date when such an excess amount was paid by the Allottee. If there is any in- crease in the carpet area allotted to the Allottee, the Promoter shall demand additional amount from the Allottee as per the next milestone of the payment plan. All these monetary adjustments shall be made at the same rate per square meter as agreed in Clause 1(a) of this agreement. 1(h) The Allottee authorizes the Promoter to adjust/ ap- propriate all payments made by him/her under any head(s) of dues against lawful outstanding if any, in his/her name as the Promoter may in its sole dis- cretion deem fit and the Allottee undertakes not to object/demand/direct the Promoter to adjust his/her payments in any manner. 2.1 The Promoter hereby agrees to observe, perform and com- ply with all the terms, conditions, stipulations and restrictions if any, which may have been imposed by the concerned local au- thority at the time of sanctioning the said plans or thereafter and shall before handing over possession of the flat to the Allot- tee, obtain from the concerned local authority occupancy and/or completion certificate in respect of the flat. 2.2 Time is essence for the Promoter as well as the Allottee. The Promoter shall abide by the time schedule for completing the project and handing over the flat to the Allottee and the common areas to the association of the Allottees after receiving the occupancy certificate of the completion certificate or both, 36 as the case may be. Similarly, the Allottee shall make timely payments of the installment and other dues payable by him/her and meeting the other obligations under the agreement subject to the simultaneous completion of construction by the Promoter as provided in Clause 1(c) hereinabove. (“Payment Plan”). 3. The Promoter hereby declares that the Floor Space Index (FSI) available as on date in respect of the project land is _____ sq. meters only and the Promoter has planned to utilize the Floor Space Index (FSI) of ________ by availing of TDR or FSI available on payment of premiums or FSI available as incentive FSI by implementing various schemes as mentioned in the De- velopment Control Regulation or based on expectation of in- creased FSI which may be available in future on modification to Development Control Regulations which are applicable to the said project. The Promoter has disclosed the Floor Space Index of _________ as proposed to be utilized by him on the project land in the said Project and Allottee has agreed to purchase the said flat based on the proposed construction and sale of flats to be carried out by the Promoter by utilizing the proposed FSI and on the understanding that the declared proposed FSI shall be- long to the Promoter only. 4.1 If the Promoter fails to abide by the time schedule for completing the project and handing over the flat to the Allottee, the Promoter agrees to pay to the Allottee, who does not intend to withdraw from the project interest as specified in the Rule on all the amounts paid by the Allottee for every month of delay till the handing over of the possession. The Allottee agrees to pay to the Promoter interest as specified in the Rule on all the de- layed payment which become due and payable by the Allottee to 37 the Promoter under the terms of this agreement from the date the said amount is payable by the Allottee/s to the Promoter. 4.2 Without prejudice to the right of the Promoter to charge interest in terms of sub-clause 4.1 above, on the Allottee com- mitting default in payment on due date of any amount due and payable by the Allottee to the Promoter under this agreement (including his/her proportionate share of taxes levied by con- cerned local authority and other outgoings) and on the Allottee committing three defaults of payment of installments, the Pro- moter shall at his own option may terminate this agreement. Provided that the Promoter shall give notice of fifteen days in writing to the Allottee by registered A.D. Post at the ad- dress provided by the Allottee of his intention to terminate this agreement and of the specified breach or breaches of terms and conditions in respect of which it is intended to terminate the agreement. If the Allottee fails to rectify the breach or breaches mentioned by the Promoter within the period of notice then at the end of such notice period, the Promoter shall be entitled to terminate this agreement. Provided further that upon termination of this agree- ment as aforesaid, the Promoter shall refund to the Allottee (subject to adjustment and recovery of any agreed liquidate damages or any other amount which may be payable to the Promoter) within a period of thirty days of the termination, the installments of sale consideration of the flat which may till then have been paid by the Allottee to the Promoter. 38 5. The fixtures and fittings with regard to the flooring and sanitary fittings and amenities like one or more lifts with partic- ular brand or price range (if unbranded) to be provided by the Promoter in the said building and the flat as are set out in An- nexure ‘E’ annexed hereto. 6. The Promoter shall give possession of the flat to the Allot- tee on or before ____ day of ______, 20___ . If the Promoter fails or neglects to give possession of the flat to the Allottee on ac- count of reasons beyond his control and of his agents by the aforesaid date then the Promoter shall be liable on demand to refund to the Allottee the amounts already received by him in respect of the flat with interest at the same rate as mentioned in Clause 4.1 hereinabove from the date the Promoter received the sum till the date the amounts and interest thereon is repaid. Provided that the Promoter shall be entitled to reasonable extension of time for giving delivery of flat on the aforesaid date, if the completion of building in which the flat is to be situated is delayed on account of – i) war, civil commotion or act of God; ii) any notice, order, rule, notification of the Govern- ment and/or other public or competent authori- ty/court. 7.1 Procedure for taking possession – The Promoter upon obtaining the occupancy certificate from the competent authori- ty and the payment made by the Allottee as per the agreement shall offer in writing the possession of the flat to the Allottee in 39 terms of this agreement to be taken within three months from the date of issue of such notice and the Promoter shall give pos- session of the flat to the Allottee. The Promoter agrees and un- dertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agrees to pay the maintenance charges as determined by the Promoter or association of the Al- lottees as the case may be. The Promoter on its behalf shall of- fer the possession to the Allottee in writing within seven days of receiving the occupancy certificate of the project. 7.2 The Allottee shall take possession of the flat within fifteen days of the written notice from the Promoter to the Allottee in- timating that the said flat ready for use and occupancy. 7.3 Failure of Allottee to take possession of Flat – Upon receiving a written intimation from the Promoter as per Clause 7.1, the Allottee shall take possession of the flat from the Pro- moter by executing necessary indemnities, undertakings and such other documentation as prescribed in this agreement and the Promoter shall give possession of the flat to the Allottee. In case the Allottee fails to take possession within the time provid- ed in Clause 7.1, such Allottee shall continue to be liable to pay maintenance charges as applicable. 7.4 If within a period of five years from the date of handing over the flat to the Allottee, the Allottee brings to the notice of the Promoter any structural defect in the flat or the building in which the flat is situated or any defects on account of work- manship, quality or provision of service, then wherever possible such defects shall be rectified by the Promoter at his own cost 40 ad in case it is not possible to rectify such defects, then the Al- lottee shall be entitled to receive from the Promoter compensa- tion for such defect in the manner as provided under the Act. 8. The Allottee shall use the flat or any part thereof or permit the same to be used only for purpose of residence/office/ show- room/shop/godown for carrying on any industry or business. He/she shall use the garage or parking space only for purpose of keeping or parking vehicle. 9. The Allottee along with other Allottees of flat in the build- ing shall join in forming and registering the Society or Associa- tion or a Limited Company to be know by such name as the Promoter may decide and for this purpose also from time to time sign and execute the application for registration and/or mem- bership and other papers and documents necessary for the for- mation and registration of the Society or Association or a Lim- ited Company and for becoming a member including the bye- laws of the proposed Society and duly fill in, sign and return to the Promoter within seven days of the same being forwarded by the Promoter to the Allottee so as to enable the Promoter to reg- ister the common organization of Allottee. No objection shall be taken from the Allottee if any changes or modifications are made in the draft bye-laws or the Memorandum and/or Articles of As- sociation as may be required by the registrar of Co-operative Societies or the Registrar of Companies as the case may be, or any other Competent Authority. 9.1 The promotor shall within three months from the date on which 51% of the total number of allottees have booked their flats / units shall submit the application on behalf of the allot- 41 tees to the registrar for registration of a Co-operative Housing Society under the Maharashtra Co-operative Societies Act, 1960 or a company or any other legal entity. 9.2 The Promoter shall within three months of registration of the Society or Association or a Limited Company as aforesaid, cause to be transferred to the Society or Limited Company, all the right, title and interest of the Vendor/Lessor/Original Own- er/Promoter and/or the owners in which the said flat is situat- ed. 9.3 The Promoter shall within three months of registration of the Federation/Apex Body of the Societies or Limited Company as aforesaid cause to be transferred to the Federation/Apex Body, all the right, title and interest of the Ven- dor/Lessor/Original Owner/ Promoter and/or the owners in the project on which the building with multiple wings or buildings are constructed. 9.4 Within fifteen days after notice in writing is given by the Promoter to the Allottee that the flat is ready for use and occu- pancy, the Allottee shall be liable to bear and pay the propor- tionate share (i.e. in proportion to the carpet area of the flat) of outgoings in respect of the project land and building/s namely local taxes, betterment charges or such other levies by the con- cerned local authority and/or Government water charges, in- surance, common lights, repairs and salaries or clerks, bill col- lectors, chowkidars, sweepers and all other expenses necessary and incidental to the management and maintenance of the pro- ject land and building/s. Until the Society or Limited Company is formed and the said structure of the building/s or wings is 42 transferred to it, the Allottee shall pay to the Promoter such proportionate share of outgoings as may be determined. The Allottee further agrees that till the Allottee’s share is so deter- mined, the Allottee shall pay to the Promoter provisional month- ly contribution of Rs._______/- per month towards the outgo- ings. The amounts so paid by the Allottee to the Promoter shall carry any interest and remain with the Promoter until a convey- ance/ assignment of lease of the structure of the building or wing is executed in favor of the Society or Limited Company as aforesaid. On such conveyance/assignment of lease being exe- cuted for the structure of the building or wing, the aforesaid de- posits (less deduction provided for in this agreement) shall be paid over by the Promoter to the Society or Limited Company as the case may be. 10. The Allottee shall on or before delivery of possession of the said flat keep deposited with the Promoter the following amounts : i) Rs.___________/- being non refundable amount for share money, application entrance fee of the Society or Limited Company/Federation/Apex Body; ii) Rs.___________/- being non refundable amount to- wards legal charges; iii) Rs.___________/- being non refundable amount for formation and registration of the Society or Limited Company/Federation/Apex Body; 43 iv) Rs.____________/- being non refundable amount for infrastructure development; v) Rs.___________/- being non refundable amount for proportionate share of taxes and other charg- es/levies in respect of Society or Limited Compa- ny/Federation/Apex Body; vi) Rs.___________/- for deposit towards provisional monthly contribution towards outgoings of Society or Limited Company/Federation/Apex Body; vii) Rs.___________/- being non refundable amount for deposit towards water meter, electric meter and Transformer and viii) Rs.________________/- being non refundable amount for deposit towards one time club charges. ix) Rs.________________/- for deposit towards 12 months maintenance in respect of the said flat. 11. The Allottee shall pay to the Promoter a sum of Rs._______/- for meeting all legal costs, charges and expenses including professional costs of the Attorney at Law/Advocates of the Promoter in connection with formation of the Society or Lim- ited Company/Federation/Apex Body and for preparing its rules, regulations and bye-laws and the cost of preparing and engrossing the conveyance or assignment of lease. 44 12. At the time of registration of conveyance or lease of the structure of the building or wing of the building, the Allottee shall pay to the Promoter the Allottees’ share of stamp duty and registration charges payable by the Society or Limited Company on such conveyance or lease or any document or instrument of transfer in respect of the structure of the building/wing of the building. At the time of registration of conveyance or lease of the project land, the Allottee shall pay to the Promoter the Allot- tees’ share of stamp duty and registration charges payable by the Apex Body or Federation on such conveyance or lease or any document or instrument of transfer in respect of the structure of land to be executed in favour of the Apex Body or Federation. 13. REPRESENTATIONS AND WARRANITES OF THE PRO- MOTER: The Promoter hereby represents and warrants to the Allottee as follows : i. The Promoter has clear and marketable title with respect to the project land as declared in the title report annexed to this agreement and has the req- uisite rights to carry out development upon the pro- ject land and also has actual, physical and legal possession of the project land for the implementa- tion of the project; ii. The Promoter has lawful rights and requisite ap- provals from the competent authorities to carry out development of the project and shall obtain requi- site approvals from time to time to complete the de- velopment of the project; 45 iii. There are no encumbrances upon the project land or the project except those disclosed in the title re- port; iv. There are no litigations pending before any Court of law with respect to the project land or project ex- cept those disclosed in the title report; v. All approvals, licenses and permits issued by the competent authorities with respect to the project, project land and said building/wing are valid and subsisting and have been obtained by following due process of law. Further, all approvals, licenses and permits to be issued by the competent authorities with respect to the project, project land and said building/wing shall be obtained by following due process of law and the Promoter has been and shall at all times remain to be in compliance with all ap- plicable laws in relation to the project, project land and said building/wing and common areas; vi. The Promoter has the right to enter into this agree- ment and has not committed or omitted to perform any act or thing, whereby the right, title and inter- est of the Allottee created herein may prejudicially be affected. vii. The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement/arrangement with any person or party with respect to the project land including the pro- 46 ject and the said flat which will in any manner af- fect the rights of the Allottee under this agreement. viii. The Promoter confirms that the Promoter is not re- stricted in any manner whatsoever from selling the said flat to the Allottee in the manner contemplated in this agreement. ix. At the time of execution of the conveyance deed of the structure to the association of the Allottees, the Promoter shall handover lawful, vacant, peaceful, physical possession of the common area as of the structure to the Association of the Allottees. x. The Promote has duly paid and shall continue to pay and discharge undisputed governmental dues, rates, charges and taxes and other monies, levies, imposition, premium, damages and/or penalties and other outgoings whatsoever payable with re- spect to the said project to the competent authori- ties xi. No notice from the Government or any other local body or authority or any legislative enactment, gov- ernment ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received or served upon the Promoter in respect of the project land and/or the project except those disclosed in the title report. 47 14. The Allottee/s or himself/themselves with intention to bring all persons into whosoever hands the flat may come here- by covenants with the Promoter as follows : i. To maintain the flat at the Allottee’s own cost in good and tenable condition from the date that of possession of the flat is taken and shall not do or suffer to be done anything in or to the building in which the change/alter or make addition in or to the building in which the flat is situated and the flat itself or any part thereof without the consent of the local authorities, if required. ii. Not to store in the flat any goods which are of haz- ardous, combustible or dangerous nature or are so heavy as to damage the construction or structure of the building in which the flat is situated or storing of which goods is objected to by the concerned local or other authority and shall take care while carry- ing heavy packages which may damage or likely to damage the staircases, common passages or any other structure of the building in which the flat is situated, including entrances of the building in which the flat is situated and in case any damage is caused to the building in which the flat is situated or the flat on account of negligence or default of the Allottee is this behalf, the Allottee shall be liable for the consequences of the breach. iii. To carry out at his own cost all internal repairs to the said flat and maintain the flat in the same con- 48 dition, state and order in which is was delivered by the Promoter to the Allottee sand shall not do or suffer to be done anything in or to the building in which the flat is situated or the flat which may be contrary to the rules and regulations and bye-laws of the concerned local authority or other public au- thority. In the event of the Allottee committing any act in contravention of the above provision, the Al- lottee shall be responsible and liable for the conse- quences thereof to the concerned local authority and/or other public authority. iv. Not to demolish or cause to be demolished the flat or any part thereof nor at any time make or cause to be made any addition or alteration of whatever nature in or to the flat or any part thereof, nor any alteration in the elevation and outside colour scheme of the building in which the flat is situated and shall keep the portion, sewers drains and pipes in the flat and the appurtenances thereto in good tenantable repair and condition and in particular so as to support shelter and protect the other parts of the building in which the flat is situated and shall not chisel or in any other manner cause damage to columns, beams, walls, slabs or RCC, Pardis or other structural members in the flat without prior written permission of the Promoter and/or the Soci- ety or the Limited Company. v. Not to do or permit to be done any act or thing which may render void or voidable any insurance of 49 the project land and the building in which the flat is situated or any part thereof or whereby any in- creased premium shall become payable in respect of the insurance. vi. Not to throw dirt, rubbish, rags, garbage or other refuse or permit the same to be thrown from the said flat in the compound or any portion of the pro- ject land and the building in which the flat is situ- ated. vii. Pay to the Promoter within fifteen days of demand by the Promoter his share of security deposit de- manded by the concerned local authority or Gov- ernment or giving water, electricity or any other service connection to the building in which the flat is situated. viii. To bear and pay increase in local taxes, water charges, insurance and such other levies if any, which are imposed by the concerned local authority and/or Government and/or other public authority on account of change of user of the flat by the Allot- tee for any purposes other than for purpose for which it is sold. ix. The Allottee shall not let, sub-let, transfer, assign or part with interest or benefit factor of this agreement or part with the possession of the flat until all the dues payable by the Allottee to the Promoter under this agreement are fully paid up. 50 x. The Allottee shall observe and perform all the rules and regulations which the Society or Limited Com- pany or Apex Body or Federation may adopt at its inception and the additions, alterations or amend- ments thereof that may be made from time to time for protection and maintenance of the said building and the flats therein and for the observance and performance of the building rules, Regulations and bye-laws for the time being of the concerned local authorit6y and of Government and other public bodies. The Allottee shall also observe and perform all the stipulations and conditions laid down by the Society/Limited Company/ Apex Body/Federation regarding the occupancy and use of the flat in the building and shall pay and contribute regularly and punctually towards the taxes, expenses or other outgoings in accordance with the terms of this agreement. xi. Till a conveyance of the structure of the building in which the flat is situated is executed in favour of the Society/Limited Company, the Allottee shall permit the Promoter and their surveyors and agents with or without, workmen and others, at all reason- able times to enter into and upon the said building or any part thereof to view and examine the state and condition thereof. xii. Till a conveyance of the project land on which the building in which the flat is situated is executed in favour Apex Body or Federation, the Allottee shall 51 permit the Promoter and their surveyors and agents, with or without workmen and others, at all reasonable times to enter into and upon the project land or any part thereof to view and examine the state and condition thereof. 15. The Promoter shall maintain a separate account in re- spect of sum received by the Promoter from the Allottee as ad- vance or deposit, sums received on account of the share capital for the promotion of the Co–operative Society or Association or Company or towards the outgoings, legal charges and shall uti- lize the amounts only for the purpose for which they have been received. 16. Nothing contained in this agreement is intended to be nor shall be construed as a grant, demise or assignment in law of the said flat and building or any part thereof. The Allottee shall have no claim save and except in respect of the flat hereby agreed to be sold to him and all open spaces, parking spaces, lobbies, staircases, terraces recreation spaces, will remain the property of the Promoter until the said structure of the building is transferred to the Society/Limited Company or other body and until the project land is transferred to the Apex Body/Federation as hereinbefore mentioned. 17. PROMOTER SHALL NOT MORTGAGE OR CREATE A CHARGE After the Promoter executes this agreement, he/she shall not mortgage or create a charge on the flat and if any such mortgage or charge is made or created then notwithstanding 52 anything contained in any other law for the time being in force, such mortgage e or charge shall not affect the right and interest of the Allottee who has taken or agreed to take such flat. 18. BINDING EFFECT ; Forwarding this agreement to the Allottee by the Promoter does not create a binding obligation on the part of the Promoter or the Allottee until, firstly, the Allottee signs and delivers this agreement with all the schedules along with the payments due as stipulated secondly, appears for registration of the same be- fore the concerned Sub-Registrar as and when intimated by the Promoter. If the Allottee/s fails to execute and deliver to the Promoter this agreement within thirty days from the date of its receipt by the Allottee and/or appear before the Sub-Registrar for its registration as and when intimated by the Promoter, then the Promoter shall serve a notice to the Allottee for rectifying the default which if not rectified within fifteen days from the date of its receipt by the Allottee, application of the Allottee shall be treated as cancelled and all sums deposited by the Allottee in connection therewith including the booking amount shall be returned to the Allottee without any interest or compensation whatsoever. 19. ENTIRE AGREEMENT ; This agreement along with its schedules and annexures constitutes the entire agreement between the parties with re- spect to the subject matter hereof and supersedes any and all understandings, any other agreements, allotment letter, corre- spondences, arrangements whether written or oral, if any, be- 53 tween the parties in regard to the flat/building as the case may be. 20. RIGHT TO AMEND ; This Agreement may only be amended through written consent of the parties. 21. PROVISIONS OF THIS AGREEMENT APPLICABLE TO AL- LOTTEE/SUBSEQUENT ALLOTTEES : It is clearly understood and so agreed by and between the parties hereto that all the provisions contained herein and the obligations arising hereunder in respect of the project shall equally be applicable to and enforceable against any subsequent Allottees of the flat in case of transfer as the said obligations go along with the flat for all intents and purposes. 22. SEVERABILITY : If any provision of this agreement shall be determined to void or unenforceable under the Act or the rules and regulations made thereunder or under other applicable laws, such provi- sions of the agreement shall be deemed amended or deleted in so far as reasonably inconsistent with the purpose of this agreement and to the extent necessary to conform to Act or the rules and regulations made thereunder or the applicable law as the case may be and the remaining provisions of this agreement shall remain valid and enforceable as applicable at the time of execution of this agreement. 54 23. METHOD OF CALCULATION OF PROPORTIONATE SHARE WHEREVER REFERRED TO IN THE AGREEMENT; Whenever in this agreement it is stipulated that the Allot- tee has to make any payment in common with other Allottee/s in project, the same shall be in proportion to the carpet area of the flat to the total carpet area of all the flat in the project. 24. FURTHER ASSURANCES : Both parties agree that they shall execute, acknowledge and deliver to the other such instruments and take such other actions, in additions to the instruments and actions specifically provided for herein as may be reasonably required in order to effectuate the provisions of this agreement or of any transaction contemplated herein or to confirm or perfect any right to be cre- ated or transferred hereunder or pursuant to any such transac- tion. 25. PLACE OF EXECUTION; The execution of this agreement shall be complete only upon its execution by the Promoter through its authorized sig- natory at the Promoter’s office or at some other place which may be mutually agreed between the Promoter and the Allottee in __________ after the agreement is duly executed by the Allottee and the Promoter or simultaneously with the execution, the said agreement shall be registered at the office of the Sub-Registrar. Hence, this agreement shall be deemed to have been executed at ______________. 55 26. The Allottee and/or the Promoter shall present this agreement as well as the conveyance/assignment of lease at the proper registration office of registration within the time limited prescribed by the Registration Act and the Promoter will attend such office and admit execution thereof. 27. That all notices to be served on the Allottee and the Pro- moter as contemplated by this agreement shall be deemed to have been duly served if sent to the Allottee or the Promoter by Registered Post A.D. and notified Email Id/Under Certificate of Posting at their respective addresses specified below : Name of the Allottee : Allotee’s Address : Notified Email ID : Promoter Name : M/s. Address of the Promoter : Notified Email ID : It shall be the duty of the Allottee and the Promoter to in- form each other of any change in address subsequent to the ex- ecution of this agreement in the above address by Registered 56 Post failing which all communications and letters posted at the above address shall be deemed to have been received by the Promoter or the Allottee, as the case may be. 28. JOINT ALLOTTEES : That in case there are Joint Allottees all communications shall be sent by the Promoter to the Allottee whose name ap- pears first and at the address given by him/her which shall for all intents and purposes to consider as properly served on all the Allottees. 29. Stamp duty and Registration: The charges towards stamp duty and registration of this agreement shall be borne by the Allottees. 30. Dispute Resolution : Any dispute between the parties shall be settled amicably. In case of failure to settle the dispute amicably, which shall be referred to the _____________ Authority as per the provisions of the Real Estate (Regulation and Devel- opment) Act, 2016, Rules and Regulations thereunder. 31. GOVERNING LAW : That the rights and obligations of the parties under or arising out of this agreement shall be construed and enforced in accordance with the laws of India for the time being in force and the courts will have the jurisdiction for this agreement. IN WITNESS WHEREOF the parties hereinabove named have set their respective hands and signed this agreement for 57 sale at (city/town name) in the presence of attesting witness, signing as such on the day first above written. THE FIRST SCHEDULE ABOVE REFERRED TO ALL THOSE pieces and parcel of the following land situate at Village Mira, Taluka and District Thane, in the Registration District and Sub-District of Thane and now within the limits of the Mira Bhayandar Municipal Corporation . Sr. Old Sur- New Sur- Hissa Nos. Area in Nos. vey Nos. vey Nos. sq. meters 1. 181 50 7/A 3380 2. 181 50 9 400 3. 182 49 3 467 4. 181 50 7/B 3000 5. 182 49 6 600 6. 182 49 4 2610 7. 182 49 5 2070 8. 182 49 8 100 9. 181 50 10 217 58 THE SECOND SCHEDULE ABOVE REFERRED TO ‘C’ Type Building in the Complex known “________________” standing on an area admeasuring 5783.97 sq. meters comprising the land bearing Old Survey No.182, New Survey No.49, Hissa No.4, admeasuring 2610 sq. meters and land bearing Old Survey No. 182, New Survey No. 49 Hissa No. 5, ad- measuring 2070 sq. meters and situate, lying and being at Village Mira, Taluka and District Thane, in the Registration District and Sub-District Thane and now within the limits of the Mira Bhayan- dar Municipal Corporation. THE THIRD SCHEDULE ABOVE REFERRED TO Flat No.________, admeasuring __________ on the _______ floor in ‘C’ Type Building in the Complex known “___________” to be constructed in the layout of the property described in the Second Schedule hereinabove written. SIGNED, SEAVED AND DELIVERED ) ) by the with named “ALLOTTEE” ) (including joint buyers) ) ) Please affix 1) Shri ___________________ ) ) photograph and 2) Shri ___________________ ) ) sign across the At __________________on ____________ ) ) photograph. in the presence of WITNESSES : ) ) 1. Name ____________________ ) ) Signature __________________ ) ) 2. Name ____________________ ) ) Signature __________________ ) 59 SIGNED, SEAVED AND DELIVERED ) ) by the with named “PROMOTER” ) ) ) Please affix 1) Shri ___________________ ) ) photograph and 2) Shri ___________________ ) ) sign across the At __________________on ____________ ) ) photograph. (Authorised Signatory) WITNESSES : ) ) 1. Name ____________________ ) ) Signature __________________ ) ) 2. Name ____________________ ) ) Signature __________________ ) 60 RECEIPT Received of and from the Allotte above named, the sum of Rs.______________/- (Rupees ____________________ Only) by Cheque/RTGS/Pay Order bearing No. ______________ dated ______________ drawn on ________________________________________ Branch on execution of this agreement towards Earnest Deposit Money or Application Fee on this ______ day of ________ 200 _____, Rs.______________/- WE SAY RECEIVED Sfor M/s. G N DEVELOPERS (PROMOTER) WITNESS : 1. 2. CLIENT FOLDER /UDAY NAIK/AGRS/RERA\G.N.DEVELOPERS-REAR Arg- 121223 61