geT=e.^ t h<\--)\-,1 7> 25. B 30,1 MR, VIN A KUMAR aLg 26. B 401 illii PAI:(Al nro" ,, o oJ 2',7. B 402 MR. KESHAVJI SONI 28. B 101 MR. KESHAVJI SONI 29. A 301 SMT HOSI IR SIRISI-IA 30. .{ 302 MRS SHMANTA KOTHr\RI & (\.u1\ \lL MI{ R{MESHEOTHARI 31. A 401 MRS DIPAALI N PATR{WALA & IUIR N[5=IE9$,N PATMWALA 32. A 402 MRS DIPAALI N PATRAWALA & N,IR NILESH N PATRAWALA A 501 MR DAULAT M LAKHIANI & MRS SL]T.JANDA D LAKHIANI j.1. A 502 MR BHARAT B DESAI & DILIP B DESAI 35. A 601 MRS SHEELA D PAGARIYA 36. A 602 MR DN,IP KAPURCHAND PAGARIYA . .,^- 37. A,'702 MRASM#ffN i.. i ,-\ aj: +lf-J A11 of Mumbai, Indian Inhabitants residinE rt Srrt h S{*ar l)€ rSct to The .,.,. r.:l ,:" Golden Tobacco Workers Co-operative H< slrg: ,ii;J $ ,ing its addrcss at Plot No. 22, Guhnohar Cross Ro r.$l V.P.D., Mhq.la I qw ,i V;lp p.rla \llac+ l\,I"-.L.i,r^^ MEMBERS" (which expression shall unless it be rcpugnant to the meaoing or k context thereof mean and include their respective heirs, executors, adminisuators M pA^ and legal representatives) ofthe SECOND PART; \' " AND #r& v H RISHABRAJ REALTY, a partnership film registered under the provisions of (K the Indian Partnership Act, 1932 ancl registered with rhe Registrar of Fims. A -- X No. - '- Mumbai under Registration having its registered address at 103, / - Jai Tirth. Daulat Nagar, R(,ad No. 10, Borivali Easr. Mumbai 400066 and acring n L \I/ \" sb Y{ q- through its Parmer Mr. Harish Jain. hereinafler relered ro as -THE +y- o \-M,^a &3J"'", u)" A U | ) .T .y ygT"J r' s-.H D |" .\, *6 If t -h A.- ,Y r\oA -/ ,,> t' dr V 6$;;, y/, d_; fu d"t- t > 'l- "*$'' w ti','iisozt' 'd; lE";tu?'t 316^' DEVELOPER", (which expression shall unless repugnairt to tlrc context or meaning thereof, mean and include the partflers or partrer for the time being of .the said firm, the survivors or survivor of them and the heirs, executors, the last surviling paftner, their or his permitted assigN) of the 9v.9 ".* .l-. Housing Board" constituted under the provisions of Bombay Act XXI of 1960 and The Bombay Housing Board (Dissolution and the Constitution) Order 1960 was seized and possessed of and otherwise well and sufficiently entitled to various pieces and parcel of lands falling under its judsdictior, which were proposed to be developed by the Bombay Housing Board by construction of resid€ntial buildings under various housing schemes for different sections of the Society. The Bombay Housing Board \\,as subsequeDtly reconstituted b], the Government as Maharashtra Housing &tiiiid. rlhich was linhcr reconstituted as N4aharashtra Housing & Area Authority (hereinafter referred to as "MHADA") under the tra Ilousing and Area Development Act, 1976 and various piopeties that fell under the jurisdiction of Bombay got vested ir MHADA; properties that fell within its jurisdiction, Board as Owners were seized and pcssessed of and and sufficiently entitled to various pieces and parcel of land lying situate at North of lrlaNalla between Vile Parle and Andheri in Bombay within the Registation District and Sub-District of Bombay Suburban, hereinafter refered to as'LAYOUT PROPERTY", which it proposed to develop tmder the Low-Income Group Housing Scheme .,:i f:,,,, a** sponsored by Government of hdia falling under Ministry of Work$ Housing . Scheme and Supply, for which the Bombay Housing Board divided the said Layout Property into various plots and sub-plots over which it incured costs _ anC expenses and coNtructed buildings anC tenements etc., for housing and q+ accommodating people, families and individuals falling in Low Income \ C/ 04- \ w \fl** Y^- ' '( tt', '/ GrouP; qr P^* tb ,*>-M W W \ { t uioiuft.. W er9,,"* Yv b '*"'$r$' kW \' [.;.,Y(.'&L Vp*f ,-? ,rzLw- ua jq6(P' C. The Golden Tobacco Workers Co-operative Housing Sociery Ltd.. a Co- operative Housing Society registered undq Registration No. BOM/HSG/ 346 OF 1963 and requested the Bombay Housing in the said Layout Propeny fol housing and accordingly conceding to the said rcquest the to allot and assign the Lease hold in respect of D. By and under Indenture ofLease dated 116 January 1967 executed between MIIADA fformatty known as Bombay Housing Board], therein refened to as " the Lessoa'and The Golden Tobacco Workers Co-operative Housing Society Ltd., thercin refened to as " the Lessee" and duly registered with the Sub-Registmr of Assurances bearing No. 50'l of 1967 of Additional Book No. I dated 3d February 1967, the Lessor therein did thereby grant and assign unto and in favour of the Lessee the Leasehold rights in respect of all that piece and parcel of land beadng Plot No. 22 admeasuring 1125 Square Yards i.e. 940.60 Square Meters as per Lease Deed [943 Square Meters as per the Prcpefiy Register Card and 965.49 Squarc meters as per Physical Survey at Sitel on North of lrtNalla in Juhu, Vile Parte bearing Survey No. 70D of Village Juhu [hereinaffer refered to as " ls nlote pafiicularly described in the SCHEDULE as thc Schedule hereunder written and BOLTNDARY LINE on the plan ,, on Lease for the term of 99 years with dght to constuct subject to payment of the and on terms, conditions and covenanls lherein Indentue of Lease is valid subsisting ald binding on parties till date and on the basis of e?p the said Registered Indentue of Lease the name of the Society was mutated \ thereof: \ i4..z taY in Properry Cards as Lessee O n. ,:,:-\ v"'. ^ E, The Society thercafter got ihe plans sanctioned fiom the concerned Q.-- Y- audrorities and constructed on the said Plot a building known as "SNEH ;1:::';:":':T:Jliliillil"x",lT:tTH::."j,Til'JKtr x 0)- ,\ \(t t?, rl a? \ 6 registered Shareholder of Society by the allotment of the premises were made the S and were issued 5 Fully Paid Up Shares of Rs' 50/- under dive$e and by holding such Share Certificates the respective registercd Shareholders of the Society became absolutely and occupy the respective premises allotted to the Membe$ by . Out of the 38 Tenements. Originally, there were only 27 the building, however subsequently, further additional vertical construction was undertaken by the Society which rcsulted into additional floors being constucted on the existing buiiding and additional 1l residential flats. The 27 Nos. of Members odginally residing in the building are hereinafter referred to as "I IIE OLD MEMBERS" enlisted trIRSTLY in ANNEXURE "2" hereto and 11 Nos. of Members who were admitted as Member in respect of 11 Nos. of newly constructed l'rereinafter relerred to as "NEW MEMBERS" and are SECONDLY in ANNEXURE "2" hereto. The Old and New Mem hereinafter collectively referred to as "EXISTING MEMBERS" and details of the Existing Members. Flat Nos, Area of Flat, Share Number etc., is hereto armexed as ANNEXURE "2"; as Lessee is seized aod possessed of and well and d to the said Plot and as Owner in respect of the said collectivelv Iettned to as the "SAID PROPERTY"I writtell lel rvritter particularly described in the SCHEDULE hereunder delineated with RED COLOUR BOUNDARY LINE on the piaa annexed hereto as ANNEXURjI "l"; G, The said Building was constructed in or about the year 1967 (original Grouod + 2 storeys) and 2003 (extended 5 floors in "A wing and 2 floon I "B" wing) ard having outlived its structual life and considering the substanlial costs that would be incurred in carrying out the extensive repairs and lack of modem amenities in the said Property for the Members, the Society and its Memberc in the Special Generat Body Meeting held o,t X "KL u\ r\, ' Lrnanimously decided to re-develoP the said Property by demolishing the said Existing Building and constructirg a New Building in its place wherein and experience for carrying out redevelopment, they decided to engage the services of some reputed Developers for implementation of the Scheme of Redevelopment for which they decided Consultant ('PMC") and issue Tender interested in redevelopment ofthe said fhe Society and its Mentbers in consul Feasibility Report and Teoder Document giving details ofthe area of the said plots, area used and utilized by the Members and vadous terms and condition of redevelopment subject to which the bids were to be submitted by the interested Developers with EMD and also called for the Tenders BidV offers for redevelopment; I esponse, various Developers including H. Rishabraj Realty submitted its Technical and Financial Bid. After scrutinization of various offers of the Developers who had submitted the Bids, the Society and its Member in consultation with the PMC found the bid/ offer submitted by H. Rishabraj Realty as most appropriate ar)d beneficialj Societv and the Members and therefore. the fufther negotiations with H. Rishabraj R offer for redevelopment. Joint Meetings took C and H. Rishabraj Realt,! and the revised came to be agreed upon between the the Societv and its Member in the Special General Body on 24'h November 2019 unanimousty decidcd to appoint H. fushabmj Realty as the Developer of the property to implement the Scheme of Redevelopment of the said Property. A copy ofthe Resolution passed by the Society alrd its Members iil the Special General Body Meeting dated 20/10/2019 is hereto annexed and # fu- m marked as ANNEXURE "3"' The Society vide its letter dated 20ll020l9 4 J, -,iff: #",[T::,]TJ-:',:'J"::'JKH,H",.'::," " fu 2009 issued under Scctiol 79(A) of Maharashtra Co-opemtive Socieiies Act. r) ri )4 1960 read with Govemment OR dated 46 July,2ol9, the society vides its W letrer dated 46 November,2019 iDtimated the D,. Registrar, Co-operative ^Vnf)-. \ \il"* Sociew that an Speciat General Nleeting of tlrc Membe$ was Scheduled io L.*_ WY_., q_ be convened on 24'h November 2019 for passing Resolutior appointing for undertaking th€ redevelopment of the said Property and Dy. Registrar, Co-operative Society in due compliance of the nominate and depute an Authorized Of{icer to attend the Resoluticn appointing the Developer is to be passed The Dy' ive Society accordingly conceding at the said request of the Society, vide its letter dated 20h November, 2019 appointed Mr' Umed Kamble as the authorized Officer to attend the Special General Meeting of the Members was scheduled to be convened on 24ft November, 2019 vide its letter dated 25th November, 2019 At the said Speciat General Body Meeting a Resolution appointing H NSHABRAJ REALTY as Developer was passed by majority of the Members present at the Meeting in presence of the Authorized Officer. The said fact came to be recorded by the Dy, rygshar: Co-operative Society. vide letler datd 9d December.2019 addiessed $ Society with a copy thereof to H. Rishabraj Realty. A copy of tfie saiil Resolution. passed at the Special General Body Meeting daib4.246 riber. 2019 and letter dated 9'h December, 2019 issued by the D)'. annexed as ANNEXURE "4"; of the Developer having agreed to undertake the the said Prcperty and discharge the obligations as recorded providing the Existing Members of the Society the New proposed building Altemate Accommodation in lieu of their premises, the Society and Members have ageed to assign the Redevelopment ghts in rcspect of the said Property to the Developer with. absolute authority to uritize and consume lhe plot potential of Propert)that may be available in respect of the said Property Regulations contained in the Development Control and Iiegulation, 2034 and the policies framed by the Municipal MIIADA as regards the redevelopment ofthe property ftom time to r\-d A The Developer shall be entitled to undedake rcdevelopment of the said Propefiy under Regulation 33 (5) of the DCPR, 2034 for undertaking the redevelopment of the saiC Property and according to which the Developer shall be entitled to claim the benefit of FSI as may be permissible by MHADA under DCPR, 2034 vide Notification bearing Ref. No. TPB- -e-, tL { VW 431716291 CR-118/2017,DPruD-11 dated 8th May, 2018 or such other policy / Notification sanctioned by the MHADA which e[ables the Developer to claim the benefit of inceltive FSI permissible while construction of saleable component i11 light ofprevailing T4 policy I@qtf .isslhd,\y the )d 9th Municipal Corporation of Greater Mumbai )au t"MCGM). 'Y-<'- Lv- to Uvt]v ttle Sociel y ano 5 ZT-J enable the Developer to claim the benefit of uc hJnttirt ivC Members hereby declare conirm and * (xxvi) 'Members' New car Parking spaces' shall have the meaning Wt :t-, bvQ*&'J M,; "e Y*P -i.:- i{rN'+$-$"ry.* )} -d *&ddJ^'-( t*n q Sq,\r, 17 (xxvii) "Members New Flats" shall have the meaning ascribed to the term in Clause 12 herein betow. (xxviii) (New Builditrgs" shall mean the New Building/s to be constucted and developed on the said Property by utitizing the Aggregate FSI and shall include Flatsand the Developer's New Fl (xxix) "New Flats" shall include the and Developer's New Flats/ T (xxx) "Nolice" shall mean a notice in handwritten, typed or printed characters delivered personally and obtained acknowledgement of the authorised represeltative of the parties or dispatched by registered post / speed post with acknowledgement due, to the address fumished by the Parties hereto from time to time. (xxxi) "Purchaser" shall mean and i defined r.rnder RERA ard shall be an i a limited company, body whom the Developer has entered i of/for Sale lbr the Developer's (xxxii) "Project" shall mean the the said Property by the Developer in accordance with this Agreement by consuming exploiting and utilizing the Aggregale FSI and by undertaking the development by constructing multi-storey buildings thereon for residential and/or such other user as may be permitted under the Applicable Law. (xxxiii) "Re-developmert" s1811 mean and include rcdevelopmeot said Property which shall include the demolition of the Existing "Wls,, Building/s and consauction of New Buildings (which shall ru^ 'l*- include the Members' New Flats, Developer's New Ftats.Member'scar parking Spaces, Developers Cat PafuiW Spaces.; together with conshuction of sociery officels " @-,-- g, ,I% "iffi-!FQ, admeasuring an^area as pe1 the plans, by utilization of the 2 ruww-" ry',W; .: w,'il B;i Betu-4 + y{;N,f,;; 6";;)k9 ) I8 terms and conditions ofthis Aggregale FSI in accordance witl the A$eement. Compensation' shall mean the montlly compensation by the Developer to the Members for the Tempomry the ule Accommodation for rhe period to be computed from and the Members shall vacate the existing premises ffiver the possession to the Developer to facilitate the :"": # ;"::ff ::liJ;*11 ffffi:j ::;ln'."jk ,* onorafterreceiptoloccupaionCenificate j{ | ;::il'H r:ffi ':::ffill:: ;ffi"".::xg (xxxv) enactmenl thereof. floor area of a "RERA Carpet Area" sllall mean the net usable excluding the area covered by the extemal walls, arcas undel ices shafts, exclusive balcony or verandah area and exclusive terace area, but includes the area covered by the intemal ition \\alls cf:he flat. iale'i shall mean sale on ownership basis under the prcvisions of RERA and the Rules framed thereunder and to rcceive, accept and appropriate the consideration thercof and to give full and effectual discharge for the pa)rynent received and to execute and register all necessary agreements, deeds' documents and writings in thi" regard. i- . :. (xxxviii) "Site" shall mean Sneh Sagar, The Golden Tobacco Workers Co- operative Housing Society Limited' Gulmohar Cross Ro4d No' *\f 12. Juhu Scheme. \\ general specifications ancl \, ., 0 , (xxxix) "specifications" means and include \ 0,\- \ty - technical specificatious for Re- development as aruExed hereto as t V - n -s!,,. ANNEXURE '6". In the absence of specifications as aforesaid W -n .C .. \ A #*'W:;V:,='-'"' \Y" tr Vi,/ covering any particular work or pat or portion thereof it shatl Stan/ard Specification or the National aIl Stan(ard mean the relevaot Indiaa "'n; 'u K Y -, v.s ()1. \^ i* o-");3', 'y--LffiU".Po" W 3" Xq^o'.*u l9 Building Code for or relating to the particular work or part and /or specification approved by the Society / Architect / PMC. (xl) "TDR' shall mean Transferable Development Rights as understood under the Mahamshlra Regional and Town Plarming Act, 1966 ard the D.C. q<{- - Y '\ modifi cation, re-enactment or i.n€it+fliercrh_ ----f r€e+ ?c' I (xli) "'fhreshold ['SI" slrall mean up area- Square i ll ( :.Square Feet) of the a RoR'Q (xlii) "Temporary Work" means all work such as office/ godov'v'n/ sales office, transit /labour accommodation, toilet etc., of any kind required in or about the execution, completion up to Occupation Certificate stage and as and when maintenance is required including those required duing defect liability period given in tlle conhact and to be demolished ard/or rcmoved inmediately before cornpletion ol rvorks- (xliii) "Works" means the rot',116rk andior Lo executed in accordance with the end inclL rdcs rraier s, apparatus, equipment. tenlporary, ls. lrttrDr{ all kind to be provided as per the ob under and work to be done by the PRELIMINARY: The parties hereto agree that: - 2.1 The Recitals, Schedules and Annexures in and to this Ageement A+- in \, ' l)*- form an integal part of this Agreement as if the sane are set-out ' the body of this Agreement and the parties are deemed to have \\[ " \ recorded. repeated and confirmed the recitals recorded Y I' x :::::iT,;i:"J;[['ff]::T:ilH'":ilil ;;";;'.-.;,,..*o..r. akr-W- q., W (Y, nr. w l* %-^Y & #^' (v . Dv.. V.:" g 'r /\' eP- 't, 'Y+T \l\; "V;" A" snm )e/ 4":- L \ #,r %ffi"t"{ffi )fu* ( l0 or otherwise 2.2 In this Ageement, unless the subject or the context requires: - to the singular shall include refelences to the a1ld \'ice-\'crsal \rf)iP-":-,16H; @5*.?\|14!'-.- to recitals, articles, claurs, schedules and shall be refercnce to the recitals, articles, clauses, schedL es a[d annexures contained in, or annexed to' thi! Agreement (as the case may be); . (c) References to any agrcement or document including this ; Agreement shall include such agreement or document as '" amended, modified, varied, innovated, supplemented or replaced from time to time in ufiting and signed by the duly autho zed rcpresentatives of each Parfy and registered when required; Any refercnce to a statutory provision shall include such stat.utory prcvision in force tom time to time, and as may be amended or re-enacted ftom time to time; Any reference 10 any one gender, masculine, feminine or neuter includes the other two and the singular includes the plural and vice versa, unless the context otherwise requi and (0 Anv reference to the terms "hercin", "hereto", "thereof', and any other similar expressions mear to this Agreement and not to any particular Clause of Agreement. The terms "Recital", "schedule", "clause" or "Arulexure" mean and refer to the speoified Recitat of, Sch€dule to, Clause of and Annexure to, respectively, of this AgreemenU The titles/captionsnreadings and grouping of Articles, Sections, Provisions anJ Clauses, if any, contained in this Agreement are tb- I'y !)rtata &tvt1s( {$. v'ol, w \ \t.,,/ l/ d {"- .;,l', wv/' @ 1$r'