IA No. 50275-77 of 2020.pdf - SEBI

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

1.A. NO. 50275-710F 2020

IN

CIVIL APPEAL NO. 13301 OF 2015

IN THE MATTER OF:Subrata Bhattacharya

Versus

Securities and Exchange Board of India & ... Respondents

Ors.

AND IN THE MATTER OF:Rajdarbar Realty Creations Pvt. Ltd. . .. Applicant(Earlier known as Global Realty CreationsLtd)

1.A. NO.527$ OF 2020APPLICATION FOR IMPLEADMENT ON BEHALF

OF THE APPLICANTS

AND

I.A. NO. 5021l OF 2020APPLICATION FOR DIRECTIONS ON BEHALF OF THE

APPLICANTS

PAPER BOOK(FOR INDEX KINDLY SEE INSIDE)

ADVOCATE FOR THE APPLICANT: ABHINAV AGRAWAL

... Petitioner

>INDEX

! SR.NO. PARTICULARS PAGE NO.1. I.A. NO. OF 2020

Application for lmpleadment on behalf of the \- \o! applicants with affidavit.2. I.A. NO. OF 2020

Application for directions on behalf of the applicants II-2°with affidavit.

3. ANNEXURE A:- A copy of the 14 conveyance21-2\2.

deeds dated 15.07.2010.

4. ANNEXURE B:- A copy of the maintenance

I agreement dated Nil entered into between DD 2\3-236I Resorts Pvt. Ltd, PACL and the Applicant.I' 5. ANNEXURE C:- A copy of the letter dated 231-233+

11.06.2016 written by the Applicant to SEBI.I

6. ANNEXURE D:- A copy of the letter dated28.02.2019 written by the Applicant to Justice 2.34238Lodha Committee.

I

,7. ANNEXURE E:- A copy of the reply dated

28.08.2019 given by Justice Lohan Committee to 2342Hythe Applicant.

8. ANNEXURE F:- A copy of the order dated

i 23.01.2020 passed by this Hon'ble Court in Civil Q46254II

iAppeal No. 13301 0f 2015

:9. ANNEXURE G:- A copy of the extract of the list of! properties published by the Justice Lodha 260-26\II ! Committee on 6.2.2020

;

10. ANNEXURE H:- A copy of the dues chart. 262

IN THE SUPREME COURT OF INDIACIVIL APPELLATE JURISDICTION

I.A. NO. OF 2020----IN

CIVIL APPEAL NO. 13301 0F 2015

\

IN THE MATTER OF:Subrata Bhattacharya

Versus

Securities and Exchange Board of India & Ors. . .. Respondent

AND IN THE MATTER OF:

Rajdarbar Realty Creations Pvt. Ltd.(Earlier known as Global Realty Creations Ltd)Global Spaces MagtaiNear ShastripuramAgra - 282 007Uttar PradeshThrough its Director ... Applicant

APPLICATION FOR IMPLEADMENT ON BEHALF OF THEAPPLICANTS

TO,THE HON'BLE CHIEF JUSTICE OF INDIAAND COMPANION JUDGES OF THEHON'BLE SUPREME COURT OF INDIA

THE HUMBLE APPLICATION OFTHE APPLICANT ABOVENAMED

MOST RESPECTFULLY SHEWETH :

1. That the Applicant by way of present application seeks

liberty of this Hon'ble Court to implead as party Respondent

in the captioned Civil Appeal as its rights are likely to be

affected by the orders passed by this Hon'ble Court in the

captioned matter.

... Appellant

22. It is submitted that the Applicant is a Private Ltd. Company

which is engaged in the business of providing operation,

management and maintenance services for commercial and

residential real estate projects.

1. That DD Resorts Pvt. Ltd., a Real Estate Developer,

constructed and successfully completed a commercial

project 'Global Foyer Gurgaon' in the year 2009. M/s PACL

Ltd. ("hereinafter referred to as PACL") had bought a total of

14 units in the said project from the Developer and further

rented out 3 units in the said project. On 15 July, 2010,

conveyance deed was executed by and between DD

Resorts Pvt. Ltd. and PACL. All the conveyance deeds for

the 14 units are similar to each other. Relevant clauses of

the conveyance deed are extracted hereinbelow:

"(5) That the Vendee has specifically and

unambiguously agreed that the sale shall be subject to

the various restrictions, limitations etc. The parties

herein have mutually agreed that:

(m) all of the transferees of the Vendees interest in

the said unit including the subsequent owners of the

unit, hereby being sold, shall always be bound by the

terms and conditions of this conveyance deed and

shall adhere an conform to the provisions of the

Maintenance Agreement executed by the Vendee

(n) The vendee has also agreed that in the event of

the Vendee failing to pay any of the dues of the

Vendor or its nominated maintenance agency as may

become payable by the Vendee to the Vendor at any

time, the Vendor shall have the first claim and charge

on the aforesaid Unit hereby sold. This right of Vendor

shall be apart from the right to recover the charges

with minimum interest of 24% p.a. from the Vendee

and/or from the occupier of the said unit from out of

the rent payable to the Vendee through the process

through the process of Court or otherwise."

3. That a tripartite agreement was entered into between DD

Resorts Pvt. Ltd (Endorser), PACL (second party) and the

Applicant (Maintenance Agency - earlier known as Mis

Global Realty Creations Ltd.) for the purposes of providing

maintenance services to PACL Ltd. by the Applicant in

respect of all the 17 units. Under the terms and conditions

laid down under the Maintenance Agreement, PACL had to

pay the maintenance charges to the Applicant.

4. That from December, 2010, PACL started defaults in

making payments of the agreed maintenance amounts to

the Applicant and also default in the deposit of TDS

4amounts and Service Tax. The Applicant made various

demands for the maintenance charges to PACL but to no

avail.

5. That the Applicant came to know by way of public notice on

29" May, 2016 that the various properties owned by PACL

have been put for auction and that the sale was being

conducted by a Committee headed by Hon'ble Mr. Justice

R.M. Lodha (Retd.). Pursuant to the said monitoring of the

accounts of PACL by Securities and Exchange Board of

India ("SEBI") and sale of its properties including the project

'Global Foyer, Gurgaon', the Applicant on 11.06.2016 wrote

to SEBI bringing to light the fact that an amount of Rs.

4,76,53,301/- was due to the Applicant in lieu of

maintenance charges and sought for payment of the said

maintenance charges. It was further clarified that the

Applicant has the first charge over the property and whoever

purchases the said property will have to make payment of

the dues and only then, the service regarding electricity and

maintenance would be restored.

6. The Applicant thereafter 0n 28.02.2019 wrote to the Lodha

Committee bringing to light the fact that the dues from PACL

with respect to the maintenance charges had risen to Rs.

14.29 Crores approx. The Applicant also enclosed a

statement of account showing the entire amount claimed

and outstanding in the accounts of the Applicant.

7. That on 28.08.2019, the Justice Lodha Committee replied to

the Applicants letter dated 28.02.2019 and stated that the

Committee under the orders of the Hon'ble Supreme Court

is only concerned with the sale of properties of PACL and

effecting refund to investors of PACL and not otherwise.

8. That vide order dated 23° January, 2020, this Hon'ble Court

had recorded that the Lodha Committee had shortlisted M/s

Prudent ARC/Telecare Network India Pvt. Ltd. and M/s

Asset Reconstruction Company India Ltd. (ARCIL) to act as

facilitators for the proposed sale of various properties of

PACL. The Court however granted the liberty to 12

Companies who had submitted their EOI to submit revised

bids and also allowed Prudent and ARCIL to submit revised

bids. It has come to the knowledge of the Applicant that the

units owned by PACL in 'Global Foyer' are also listed for

sale by the Lodha Committee. As per the order dated 23"°

January, 2020, this Hon'ble Court has permitted the Lodha

Committee to submit a report.

9. That the Justice Lodha Committee on 6th February, 2020

has published a fresh list of properties to be sold and the

project 'Global Foyer, Gurgaon' wherein the Applicant was

6providing maintenance services to PACL is also listed as

one of the properties to be sold. The said sale notice

provides that the sale is on 'as in where is basis' and that

the properties being sold with all existing and/or further

encumbrances, whether known or unknown to the

Committee and that successful offerers shall bear all

statutory/non-statutory dues, taxes, etc. in relation to the

properties and chares/fee payable for conveyance of the

properties such as registration fee, stamp duty etc. The

properties wherein PACL is the owner and Applicant is the

Maintenance agency are listed at Sr. No. 93 to 106 (Total

14).

10. That as per the terms and conditions of the sale deed and

the Maintenance agreement, the Applicant will have the first

charge over the property till the dues in respect of the

property are cleared. That as on the date of filing of the

present Application, an amount of approximately more than

Rs. 19. 75 Crores is due to the Applicant from PACL in

respect of the properties owned by PACL and Rs. 2.13

Crores in respect of properties rented out to PACL.

11. That the Applicant is concerned that the units in question

would be sold on 'as is where is basis' and the sale

proceeds will be utilized to pay the investors in PACL

72without taking into account the dues of Applicant with

respect to the property.

12. Therefore, the Applicant is left with no other option but to file

the present Application to implead itself as a party

Respondent as any order passed for sale of the said

property without hearing the Applicant and without deciding

the rights of the Applicant by this Hon'ble Court will have an

adverse impact on the admitted liabilities of PACL towards

the Applicant.

13. That the present Application is being filed bonafide and in

the interest of justice. No prejudice will be caused to the

parties if the Applicant is impleaded as Party Respondent.

PRAYER

It is, therefore, most respectfully prayed that Your Lordships may

graciously be pleased to:

a) allow the present application and implead the applicants as

party Respondents in the present Civil Appeal No. 13301 of

2015; and

b) pass such other and further order(s) as this Hon'ble Court

may deem fit and proper in the facts and circumstances of

the case.

8AND FOR THIS ACT OF KINDNESS THE APPLICANTS SHALL,

AS IN DUTY BOUND, EVER PRAY.

FILED BY

FILED oN:.3els/2aNEW DELHI

(ABHINAV AGRAWAL)ADVOCATE FOR THE APPLICANTS

qIN THE SUPREME COURT OF INDIACIVIL APPELLATE JURISDICTION

I.A. NO.OF 2020IN

CIVIL APPEAL NO. 13301 OF 2015IN THE MATTER OF:

Subrata Bhattacharya

Versus

Securities and Exchange Board of India & Ors.


Rajdarbar Realty Creations Pvt. Ltd.

AFFIDAVIT

... Petitioner

. .. Respondents

. .. Applicant

I, Shiv Kumar, son of Shri Ram Vilas Dubey, aged about 40 years, r/o Gram

& post Nonara, Kadipur, District Sultanpur (U.P)-228145, do hereby

solemnly affirm and state as under:-

1. That I am the Authorized Representative of the Applicant Company in

the abovesaid matter and I am well conversant with the facts and

circumstances of the case and as such I am fully competent to swear

this affidavit.

2. I say that have read and understood the contents of the

3.

accompanying application and the same are true and correct to the

best of my knowledge and belief, no part thereof is false and nothing

material has been concealed therefrom.

I state that the annexures annexed along with the accompanying• · ,,4 [ l

application are true and correct to their respectivg,qgiarbasRealty Cr=at55%""Ji» Purses'pep5j#@gep'at

/oVERIFICATION:I the abovenamed deponent. do hereby solemnly verify that the contents of

the aforesaid affidavit are true and correct to the best of my knowledge and

belief and nothing has been concealed therefrom.p 'datbar Realty Creations Pt

Verified at on this __ day of r_o_r _8!2.020· ),slums5 . 10·DEPoxi}y$ow"r» '

ItIN THE SUPREME COURT OF INDIACIVIL APPELLATE JURISDICTION

I.A. NO. OF 2020IN

CIVIL APPEAL NO. 13301 OF 2015

IN THE MATTER OF:Subrata BhattacharyaVersus

Securities and Exchange Board of India & Ors. . .. Respondent


... Appellant

Rajdarbar Realty Creations Pvt. Ltd.Global Spaces MagtaiNear ShastripuramAgra - 282 007Uttar PradeshThrough its Director ... Applicant

APPLICATION FOR DIRECTIONS ON BEHALF OF THEAPPLICANTS

TO,THE HON'BLE CHIEF JUSTICE OF INDIAAND COMPANION JUDGES OF THEHON'BLE SUPREME COURT OF INDIA

THE HUMBLE APPLICATION OFTHE APPLICANT ABOVENAMED

MOST RESPECTFULLY SHEWETH :

2. That the Applicant by way of present application seeks

directions of this Hon'ble Court to clearance of its dues from

M/s PACL Ltd. as its rights are likely to be affected by the

orders passed by this Hon'ble Court in the captioned matter.

3 It is submitted that the Applicant is a Private Ltd. Company

which is engaged in the business of providing operation,

"e

12management and maintenance services for commercial and

residential real estate projects.

4. That DD Resorts Pvt. Ltd., a Real Estate Developer,

constructed and successfully completed a commercial

project 'Global Foyer Gurgaon' in the year 2009. M/s PACL

Ltd. ("hereinafter referred to as PACL") had bought a total of

14 units in the said project from the Developer and further

rented out 3 units in the said project. On 15 July, 2010,

conveyance deed was executed by and between DD

Resorts Pvt. Ltd. and PACL. All the conveyance deeds for

the 14 units are similar to each other. Relevant clauses of

the conveyance deed are extracted hereinbelow:

"(5) That the Vendee has specifically and

unambiguously agreed that the sale shall be subject to

the various restrictions, limitations etc. The parties

herein have mutually agreed that:

(m) all of the transferees of the Vendees interest in

the said unit including the subsequent owners of the

unit, hereby being sold, shall always be bound by the

terms and conditions of this conveyance deed and

shall adhere an conform to the provisions of the

Maintenance Agreement executed by the Vendee

(n) The vendee has also agreed that in the event of

the Vendee failing to pay any of the dues of the

Vendor or its nominated maintenance agency as may

become payable by the Vendee to the Vendor at any

time, the Vendor shall have the first claim and charge

on the aforesaid Unit hereby sold. This right of Vendor

shall be apart from the right to recover the charges

with minimum interest of 24% p.a. from the Vendee

and/or from the occupier of the said unit from out of

the rent payable to the Vendee through the process

through the process of Court or otherwise."

A copy of the 14 conveyance deeds dated 15.07.2010 is

annexed hereto and marked as ANNEXURE A (At Page

2l 62\2).

5. That a tripartite agreement was entered into between DD

Resorts Pvt. Ltd (Endorser), PACL (second party) and the

Applicant (Maintenance Agency - earlier known as M/s

Global Realty Creations Ltd.) for the purposes of providing

maintenance services to PACL Ltd. by the Applicant in

respect of all the 17 units. Under the terms and conditions

laid down under _the Maintenance Agreement, PACL had to

pay the maintenance charges to the Applicant. A copy of the

maintenance agreement dated Nil entered into between DD

Resorts Pvt. Ltd, PACL and the Applicant is annexed

I«herewith and marked as ANNEXURE B (At Page ] to

930).

6. That from December, 2010, PACL started defaults in

making payments of the agreed maintenance amounts to

the Applicant and also default in the deposit of TDS

amounts and Service Tax. The Applicant made various

demands for the maintenance charges to PACL but to no

avail.

7. That the Applicant came to know by way of public notice on

29 May, 2016 that the various properties owned by PACL

have been put for auction and that the sale was being

conducted by a Committee headed by Hon'ble Mr. Justice

R.M. Lodha (Retd.). Pursuant to the said monitoring of the

accounts of PACL by Securities and Exchange Board of

India ("SEBI") and sale of its properties including the project

'Global Foyer, Gurgaon', the Applicant on 11.06.2016 wrote

to SEBI bringing to light the fact that an amount of Rs.

4,76,53,301/- was due to the Applicant in lieu of

maintenance charges and sought for payment of the said

maintenance charges. It was further clarified that whoever

purchases the said property will have to make payment of

the dues and only then, the service regarding electricity and

maintenance would be restored. A copy of the letter dated

11.06.2016 written by the Applicant to SEBI is annexed

herewith and marked as ANNEXURE C (At Page \ to

2339.

8. The Applicant thereafter on 28.02.2019 wrote to the Lodha

Committee bringing to light the fact that the dues from PACL

with respect to the maintenance charges had risen to Rs.

14.29 Crores approx. The Applicant also enclosed a

statement of account showing the entire amount claimed

and outstanding in the accounts of the Applicant. A copy of

the letter dated 28.02.2019 written by the Applicant to

Justice Lodha Committee is annexed herewith and marked

as ANNEXURE D (At Page2 238)

9. That on 28.08.2019, the Justice Lodha Committee replied to

the Applicants letter dated 28.02.2019 and stated that the

Committee under the orders of the Hon'ble Supreme Court

is only concerned with the sale of properties of PACL and

effecting refund to investors of PACL and not otherwise. A

copy of the reply dated 28.08.2019 given by Justice Lodha

Committee to the Applicant is annexed herewith and marked

as ANNEXURE E (At Page73962Hp

10. That vide order dated 23° January, 2020, this Hon'ble Court

had recorded that the Lodha Committee had shortlisted M/s

Prudent ARC/Telecare Network India Pvt. Ltd. and M/s

Asset Reconstruction Company India Ltd. (ARCIL) to act as

facilitators for the proposed sale of various properties of

PACL. The Court however granted the liberty to 12

Companies who had submitted their EOI to submit revised

bids and also allowed Prudent and ARCIL to submit revised

bids. It has come to the knowledge of the Applicant that the

units owned by PACL in 'Global Foyer' are also listed for

sale by the Lodha Committee. As per the order dated 23rd

January, 2020, this Hon'ble Court has permitted the Lodha

Committee to submit a report. A copy of the order dated

23.01.2020 passed by this Hon'ble Court in Civil Appeal No.

13301 of 2015 is annexed herewith and marked as

ANNEXURE F (At Pago)56251).

11. That the Justice Lodha Committee on 6" February, 2020

has published a fresh list of properties to be sold and the

project 'Global Foyer, Gurgaon' wherein the Applicant was

providing maintenance services to PACL is also listed as

one of the properties to be sold. The said sale notice

provides that the sale is on 'as in where is basis' and that

the properties being sold with all existing and/or further

encumbrances, whether known or unknown to the

Committee and that successful offerors shall bear all

statutory/non-statutory dues, taxes, etc. in relation to the

properties and chares/fee payable for conveyance of the

properties such as registration fee, stamp duty etc. The

properties wherein PACL is the owner and Applicant is the

Maintenance agency are listed at Sr. No. 93 to 106 (Total

14). A copy of the extract of the list of properties published

by the Justice Lodha Committee on 6.2.2020 is annexed

herewith and marked as ANNEXURE G (At Page6°to24l).

12. That as per the terms and conditions of the sale deed and

the Maintenance agreement, the Applicant will have the first

charge over the property till the dues in respect of the

property are cleared. That as on the date of filing of the

present Application, an amount of approximately more than

Rs. 19.75 Crores is due to the Applicant from PACL in

respect of the properties owned by PACL and Rs. 2.13

Crores in respect of properties rented out to PACL. A copy

of the dues chart is annexed herewith and marked as

ANNEXURE H (At Page-to)

13. That the Applicant is concerned that the units in question

would be sold on 'as is where is basis' and the sale

proceeds will be utilized to pay the investors in PACL

without taking into account the dues of Applicant with

respect to the property

1814. Therefore, the Applicant is left with no other option but to file

the present Application as any order passed for sale of the

said property without hearing the Applicant and without

deciding the rights of the Applicant by this Hon'ble Court will

have an adverse impact on the admitted liabilities of PACL

towards the Applicant.

15. That the present Application is being filed bonafide and in

the interest of justice. No prejudice will be caused to the

parties if the Applicant is impleaded as Party Respondent.

PRAYER

It is, therefore, most respectfully prayed that Your Lordships may

graciously be pleased to:

a) Direct that an amount of Rs. 21,88,52,463/- be kept in

reserve from the sale proceeds of the 14 units in the

property 'Global Foyer, Gurgaon' and the same be paid to

the Applicant to clear the dues of PACL alongwith further

interest at the rate of 24% till the date of payment;

b) Direct the intending buyer of 14 units owned by PACL in

'Global Foyer, Gurgaon' to pay the outstanding amount of

Rs. 21,88,52,463/- to the Applicant alongwith further interest

at the rate of 24% till the date of payment;

c) Direct that the dues of Rs. 21,88,52,463/- owed by PACL to

the Applicant be brought to the notice of the intending buyer

before such sale in concluded in favour of the intending

buyer;

d) Direct that no third-party rights can be created in respect of

the 14 units in the property 'Global Foyer, Gurgaon' owned

by PACL unless the dues of Rs. 21,88,52,463/- are paid to

the Applicant;

e) pass such other and further order(s) as this Hon'ble Court

may deem fit and proper in the facts and circumstances of

the case.

AND FOR THIS ACT OF KINDNESS THE APPLICANTS SHALL,

AS IN DUTY BOUND, EVER PRAY.

FILED BY

FLED ON: /haNEW DELHI

(ABHINAV AGRAWAL)ADVOCATE FOR THE APPLICANTS

IN THE SUPREME COURT OF INDIACIVIL APPELLATE JURISDICTION

I.A. NO. OF 2020IN

CIVIL APPEAL NO. 13301 0F 2015IN THE MATTER OF:

Subrata Bhattacharya

Versus

Securities and Exchange Board of India & Ors.



AFFIDAVIT

... Petitioner

... Respondents

. .. Applicant

I. Shiv Kumar, son of Shri Ram Vilas Dubey, aged about 40 years, r/o Gram

& post Nonara, Kadipur, District Sultanpur (U.P)-228145 do hereby solemnly

affirm and state as under:-

1. That I am the Authorized Representative of the Applicant Company in

the abovesaid matter and I am well conversant with the facts and

circumstances of the case and as such I am fully competent to swear

this affidavit.

2. I say that have read and understood the contents of the

accompanying application and the same are true and correct to the

best of my knowledge and belief, no part thereof is false and nothing

material has been concealed therefrom.

3. I state that the annexures annexed along with the accompanying

application are true and correct to their respective arLC:l..i~k'PRealty Creations Pvt. Ltd.For Kar» ,/

)cv KurDEECON8gqepory/ Director

VERIFICATION:I the abovenamed deponent, do hereby solemnly verify that the contents of

the aforesaid affidavit are true and correct to the best of my knowledge and

belief and nothing has been concealed therefrom. 'rbar Realty creations Pvt. Ltd.For Ray aVerified aton this day of,2020.)kwkro

DEPQAIE5tRloryt Director

iI

J

II

I

' ..8#,x";' •. ,-be.:r'. .

Date:

Place

CONVEYANCE DEED-{oJ 01-_

•

y

.I,,

•

.:}

Consideration : Rs.6,49,38,169!Stamp Duty : Rs. 45,45,700/.Bank Receipt No./Date.:GSR/001 :256168/J 2,07.2010Issue By : SBI Mehrauli Gurgaon Road,GurgaonProject : Global FoyerUnit No. : 04, on 3rd FloorArea : 5437 Sq. Ft.

} coyTHIS CONVEYANCE DEED is executed at Grgaon o this [s_pay of ..J/dj, 20 IO.

. · i 1:' ;r

10302

22-~ 15/07/20IO

~ ~!:TT fcrcRur

CONVEYANCEWITH INMC AREA~M-oITTfu::r1Fficrrnia/rs <ger#a#z

. I

._._.,

I"Df.n ~ -q"{ ~ ~ ~ 64,938,169.oom

fry i #l uft 15,000.00i

RTo:r ~ c!i1 "Dfu 4,545,700.00qtirtwT ~ 2.oom

reDrafted By: Rajbir Singh Adv .

«Jx-A--m tv!/s D.D. Rcs01ts Pvt Ltd. thru Kishor Kumar Agarwal(OTHER)

a Tera zmrs feiia 15/07/2010 fa yea a aa sf/ii/sit Ms D.D. Resorts Pvt

-l#lgfa"l"Cfi91 ml~~ f.lcrn:fr 6, Jawnhar Lal Nehrt: Nagar- IV New Delhi 110024 gm 4"1lcfi{OI. ~

.-f

l\.

II

f.rcm:ft Adv. Gurgaon q ?Tj/?Ti1=@1~ Bh::mu Pratap Saini ~~/1:«9r ffi/wi:@1~ Gaurishankar f.rcITT:fr 2 Bodin

H DJ.F Citv PH.-! Gurgaon- 3 cfi11 .ma:rr 1': i a z rater/erraaal # it sma & an a m?.f! 1': 2 <ITT ~ q,w1 %1

Ria 15/07/2010 e?;1:1 /~ ~ 31f°f:lcf.Rt

lJs1lfcrr

Hncnuc Dcpartm< nl I laryana IIARI~ -F:-- NIC-HSU

2

MIs D.D. Resorts Private Limited. a company incorporated and validly existing underprovisions of the Companies Act, 1956, having its Registered Office at 6, Jawahar Lal NehruRoad, 4th Floor Kolkata , West Bengal- 700013 and Corporate office at 11 Ring Road, LajpatNagar-IV, New Delhi -110024 through its authorized Signatory Mr.Kishore Kumar AgarwalS/o Late Sh. Ramesh Chand Agarwal resident of B-108, 1" Floor, New Friends Colony NewDelhi - 110065, vide Board ofDirectors Resolution Dated 02" July 2010, [Herein4fer referredto as the "VENDOR/SELLER" which expression, unless it be repugnant to the context ormeaning their of, shall mean and include its successors in business, Legal representatives,nominees and permitted assigns] ofthe ONE PART;

IN FAVOUR OF

MIS PACL INDIA LIMITED A CO:MPANY INCOROPRATED UNDER THECOMPANIES ACT, 1956, HAVING ITS CORPORATE OFFICE AT 7"" FLOOR GOPALDAS BHAWAN, 28 BARAKHAMBA ROAD, NEW DELHI-110001 through its authorizedsignatory Mr.Vipin Singh Bisht S/o Mr.Bag Singh Bisht vide Board of Directors ResolutionDated 10 June 2010,[hereinafter called the VENDEE" which expression, unless it berepugnant to the context or meaning thereof, shall mean and include its successors, legalrepresentatives, executors and assigns] ofthe OTHER PART.

(Hereinafter Vendor and VVendee are collectively referred to as "Parties" and individually as"Party" as the context demands)

WHEREAS, the Vendor represents and warrants that:

(a) The Vendor is the absolute owner of a Plot of land bearing Khasra No. 537/2/2, 536/2,535/1, 533/1/1/2, 517 measuring 3.884 Acres situated in the revenue estate of VillageChakkarpur, Sector-43, Tehsil & Distt. Gurgaon by way of revenue documentscomprising of Mutation Nos. 1395, 1393, 1401, 1398, 1394, 1397, 1396, 1400, 1399,1391, 1392, 1413,1403, 1402, 1405, 1404, 1406, 1407, 1408, 1411, 1409, 1410, 1414,1415, 1412, 1417, 1416, and Taksim Mutation No.1336 (hereinafter referred to as the"Commercial Plot), more fully and particularly described in the FIRST SCHEDULE,

· hereinunder; (b) The Vendor/Seller has obtained licenses Nos.31, 32, 33, and 34 of2004 and the same are

legally valid and subsisting (hereinafter referred to as the "Licenses"), from the DirectorTown and Country Planning, Chandigarh (hereinafter referred to as the "DTCP") fordevelopment ofa commercial colony on the said Commercial Plot.

(c) The Vendor has completed construction and development of the aforesaid CommercialComplex through M/s. D.D. Resorts Pvt. Ltd. and has agreed to name of the saidCommercial Colony to be developed on the aforesaid Commercial Plot as "GLOBALFOYER (Formerly known as CITYSCAPE) " ( hereinafter referred to as the"Commercial Complex/GLOBAL FOYER);.

(d) The Vendor/seller represents and warrants to the Vendee herein that the Vendor/Seller isentitled to deal with the Built-up area together with proportionate undivided, indivisibleand impartible ownership rights and share in the land underneath in the said commercial

3

Reg. No.10302

cl,-"

Reg. Year2010-2011

-

Book No.

.· ;'

fcriimTKish or Kumar Agarwal_~

w=nii'mr fcn7.TT -mnr % fcn % ~ ~ 10,302 ~ ~ 15/07/2010~ ~ 1: I~ ,: 9,753 cfi"TB 1: 140 r tis#as f#eat 7Ta azn gas us 'tJfcr <>1faf-1..cfo qefr m 1 ls;J~~ 1: 832 cfi"TB flW-TT 52 'B 53 'tR ~ TPfI 1 % '!.if 1fra frat ra ? f <a z=rs ~«!,oi:haT amTfc:fTTIT -q 3:r:R tarn/fr ire it z fa? & I -

mP-f. 15/07/2010

Rc,elllll' Department llaryana IIARIS -I· X NK'-IIS{i

3

Plot alongiwith the constructions thereupon and the right to use the common areas and.facilities therein.

(e) The Vendor/Seller/ has procured all necessary consents, approvals, permissions etc. froma11 concerned authorities required for utilization of the said commercial plot forcommercial purpose.

AND WHEREAS, the Vendor vide Buyer's Agreement dated 10.07.2010 agreed to transfer, sell,convey to the Vendee and the Vendee agreed to purchase Unit No. 04, on 3" Floor, having asuper area of 5437 Sq. Ft. (SOS Sq. Mtrs. Appx. ) with proportionate, undivided, impartiableshare and interest in the aforesaid Commercial Plot, on which the aforesaid "GLOBAL FOYER)" is developed and constructed together with the right to use the open area, common areas, andcommon amenities, and facilities i.e. staircases, lifts, entrances, and exits of the aforesaidCommercial Complex, water supply arrangement and installation i.e. power, light, sewerage, etc.and including all easement rights attached therewith (hereinafter referred to as the said "Unit")more fully and particularly described in the SECOND SCHEDULE hereunder written and thefloor plan appended hereto as ANNEXURE-A, demarcating the aforesaid Unit'

AND WHEREAS, the Vendor has assured the Vendee that the said Unit is Saleable and hasagreed to sell and the Vendee has agreed to purchase the aforesaid Unit for a total considerationof Rs.6,49,38,169/ (Rupees Six Crores Forty Nine Lacs Thirty Eight Thousand OneHundred Sixty Nine Only) free from all encumbrances, liens, lis pendens, charges, claims,demands, actions, attachments, trusts, prior agreements whatsoever or howsoever, on the termsand conditions hereinafter recorded and the Vendor had agreed to convey the title of the aforesaidUnit in favour ofthe Vendee on the terms and conditions given herein below: ·

NOW THEREFOR THIS DEED CONVEYANCE WITNESSETH AS UNDER :

1. That in consideration for a sum of Rs. 6,49,38,169/ (Rupees Six Crores Forty NineLacs Thirty Eight Thousand One Hundred Sixty Nine Only), already paid by theVendee to the Vendor, the Vendor hereby sell, transfer and convey the aforesaid UnitNo. 04, on 3" Floor, having a super area of 5437 Sq. Ft. (505 Sq. Mtrs. Appx. ) in theaforesaid "GLOBAL FOYER (Formerly known as CITYSCAPE)",situated in VillageChakkerpur, Sector-43, Golf Course Road, Gurgaon, Haryana -122 002 along-withthe proportionate, undivided, impartible share in the land and interest in and usage of thesaid • common areas and common amenities and facilities to be provided in the said"GLOBAL FOYER) "together with all sorts/ manner of rights, privileges, easements,advantages, appendages and appurtenances whatsoever to the 'said Unit, more fully andparticularly described in the Second Schedule and the Annexure-A, appended hereto andto hold, possess and enjoy the said Unit, free from all encumbrances, charges, liens, lispendens, attachments, trusts, prior agreements, whatsoever or howsoever.

2. That Vendor hereby confirms and acknowledges the receipt ofthe total sale considerationin respect of the said Unit and that there is nothing due from the Vendee towards the saleconsideration in respect of the said Unit and the Vendor hereby acquit, release anddischarge the Vendee in respect ofthe sale consideration of the said Unit.

3. That, with consent of the Vendee herein, the aforesaid Unit has been handed over by theVendor to the Vendee herein, absolutely and forever, and the Vendee acknowledgeshaving taken over the possession of the same to its/his/her entire satisfaction complete inall respects without any defects or deficiency ofany kind.

For DD RE RTS .LTD,

4

4. That Vendor hereby assure, represent and covenant to the Vendee as hereunder:

That the Vendee , subject to the provisions of the maintenance agreement, shallbe entitled to the following rights in common with the other occupant/ owners ofthe other Units in the aforesaid "GLOBAL FOYER, which shall be subject torules and regulations made by the Vendor and/or the maintenance agencyappointed by the Vendor :

(i) common right and liberty for the Vendee and all persons authorized orpermitted by him, for all lawful purposes to use the corridors, lobbies,staircases, fire escapes and entrances and exits for ingress to and egressfrom the said Unit;

(ii) the right to sub-adjacent and lateral support and shelter and protectionfrom the foundations, columns, girders, beams, supports, main wall andfrom the sides and roofof the aforesaid Unit;

(a)

(b). That notwithstanding anything contained herein or elsewhere, it has been clearlyunderstood and agreed to by and between the Parties that the maintenance ofcommon areas/ facilities, supervision and services to the "GLOBAL FOYER)"shall be undertaken and handled by a maintenance agency appointed/ nominatedby the Vendor from time to time (hereinafter referred to as the "MaintenanceAgency"). The Vendee . hereby has consented and execute the maintenanceagreements. The proportionate monthly charges, by whatever name called, shallbe borne by the Vendee and the purchasers/ occupants of individual units of thearea, as may be fixed/ applicable from time to time. The Vendee shall be entitledto use all common passages and common facilities in connection with the use andoccupation of the aforesaid Unit subject to the payment of such charges, whichmay be levied from time to time by the Maintenance Agency.

5. That the Vendee has specifically and unambiguously agreed that the sale shall be subjectto various restrictions, limitations, etc. The Parties herein have mutually agreed that:

(a) the entire plot of land on which the .aforesaid "GLOBAL FOYER " isconstructed, the superstructure constructed thereon and ifra-structural facilitiesprovided therein shall remain under the possession, control and management ofthe Vendor and/ or the Maintenance Agency (nominated or appointed by Vendor)and the owner/ occupants of the individual Units/ portions/ spaces shall be boundby the rules and regulations made by the Maintenance Agency for the betterenjoyment of the building known as "GLOBAL FOYER "and a separatemaintenance agreement, which shall be in the standard form as will be decidedby the Maintenance Agency, for the entire complex, and will be executedbetween the Vendee and the Vendor and/or the Maintenance Agency in thisregard. The said maintenance agreement shall, inter alia, exhaustively defines thescope ofmaintenance of various services and facilities and the charges payableby the Vendee in respect thereof;

(b) save and except the said Unit, the Vendee shall have no claim, right, title orinterest of any nature or kind over or in respect of all or any open spaces,common areas/ facilities/ equipment/ infra-structure, lobbies, staircases, lifts,

5

terrace-roof (which shall remain the exclusive property ofVendor). However theVendee shall have right to enjoy mere the use·ofthe open spaces, common areas/facilities/ equipment/ infra-structure, lobbies, staircases, lifts, without claimingany other right thereon;

(c) the Vendor shall always have the right to make additions, raise additional floorsor put upon additional structures, as may be permitted by the competentauthorities and such additional space/ areas/ structures/ floors shall be soleproperty ofVendor, who shall have unfettered rights inter-alia to dispose off thesame or any part thereof, without any interference on the part of the Vendee(individually) or collectively by one or more vendee(s)/ purchaser(s)/ occupant(s)ofthe other units in the aforesaid "GLOBAL FOYER".

(d) the Vendee shall use the said Unit for pennitted/ lawful purposes only and not tocarry on or permit to be carried on the aforesaid Unit or in any part thereof anyactivities which shall be or are likely to be in contravention to the statutory byelaws, rules and regulations, or unlawful, obnoxious or of nuisance, annoyance ordisturbance to other occupants of the building/ "GLOBAL FOYER (Fonnerlyknown as CITYSCAPE) " or store any goods of hazardous or combustible natureor which are heavy so as to affect the construction or the structure of the saidbuilding/ "GLOBAL FOYER "or any part thereof or in any manner interfere forcommon use;

(e) . at the time of renovating, refurnishing, decoration, installing any equipment,furniture, machinery, partition, false ceiling, etc., as also for using aforesaid Unit,the Vendee (or their nominee/ tenants) shall absolutely regard the fire safetylaws, and all other rules and procedure in its letter and spirit. The Vendee (ortheir nominee/ tenants) shall be bound to take a prior permission from Vendor/Maintenance Agency, Fire Department and any other concerned authorities/department, before undertaking any such job;

(f) Vendor shall be entitled to connect the electric, water, sanitary, power backup, airconditioning and drainage fittings on the additional structure(s)/ storey(s) withthe· existing electric, water, sanitary, generator based power back up, airconditioning and drainage sources. Further, the terrace_gf the building includingthe parapet walls, shall always be the property ofthe Vendor and the agreementswith the Vendee and/ or with the other vendees/ buyers/ purchasers of the Unitsin the said building shall be subject to the aforesaid rights of the Vendor, whoshall be entitled to construct and use the said terrace and the parapet walls for allpurposes including, but not limited to, the display of advertisements and signboards or open air restaurant and the Vendor shall always have the right ofeasement to roof, parapet walls. Further, Vendor shall have the right to put upboards in common areas. The Vendee hereby gives consent to the above andagrees that the Vendee shall not be entitled to raise objection or make any claimor claims of any reduction in the price of the said Unit agreed to be acquired bythe Vendee and/ or to any compensation or damages on the ground ofinconvenience or any other ground whatsoever;

(g) Vendor and/ or Maintenance Agency shall have the right to insure and keepinsured the structure of the building against such risks as Vendor and/or theMaintenance Agency may deem necessary and the insurance premium shall be

r(h)

(i)

0)

(k)

(I)

(m)

6

payable separately by the Vendee in proportion to the area of the said Unitpurchased by him vis-a-vis premium payable by Vendor and/ or MaintenanceAgency for the building. The contents, fixtures and fittings installed in theaforesaid Unit shall, however, be got insured by the Vendee/ occupier at its owncost;

the Vendee or anyone claiming under or through Vendee shall not decorate theexterior of the aforesaid Unit otherwise than in the manner agreed to with Vendoror in the manner as similar as may be in which the same was previouslydecorated; close the verandahs or lounges or balconies or common passage orcommon corridors even if a particular floor(s) is occupied by the same party/Vendee, make any alterations in any elevation and outside color scheme of theexposed walls of the verandah lounge or any external walls or both the faces ofexternal doors and windows ofthe aforesaid Unit which in the opinion ofVendordiffer from the color scheme ofthe building;

the Vendee (or its nominee/ tenants) shall not display or be permitted to displayname and address of the occupant ofthe aforesaid Unit at any place(s), other thanas may be permitted by the Vendor and not to put up any name or sign board,publicity or advertisement material on the external facet of the building/"GLOBAL FOYER " or anywhere in the common areas without the priorapproval of the Vendor in writing. All advertising rights in the entire building/"GLOBAL FOYER" including the right to use ofterrace and roofand/ or below/outside the boundary wall of the said building, its peripheries exclusively vestwith Vendor;

the Vendee hereby covenants to keep and maintain the aforesaid Units, peripherywalls, partition walls and sewers, drains, pipes and appurtenances thereto orbelonging thereto in the same good tenantable repair, state, order and condition inwhich it has been delivered to the Vendee and in particular, so as to support,shelter and protect all parts of the building other than the said Unit;

the Vendee shall not let, sub-let, underlet, assign, lease, transfer, part with or inany way encumber the said Unit till all dues, ofany nature whatsoever, owing toVendor/ Maintenance Agency or payable hereunder are fuily paid before any ofthe above right is exercised and the Vendee obtains a no-dues certificate fromVendor/ Maintenance Agency for this purpose, which no-due certificate shall notbe unreasonably withheld;

nothing contained in these presents shall, however, be construed to confer uponthe Vendee the rights, title or interest to grant, lease, demise or assign in the saidCommercial plot upon which the said "GLOBAL FOYER" is constructed or inthe rest of the building, except the aforesaid Unit and the proportionate,undivided, impartible rights relating thereto in the land underneath;

all the transferees of the Vendee's interest in the said Unit including thesubsequent owners of the Unit, hereby being sold shall always be bound by thetenns and conditions of this CONVEYANCE DEED and shall adhere andconform to the provisions of the Maintenance Agreement executed by theVendee;

· ·

For DD PE$RTs .LID.

-Auth. Signatory

7

(n) furthermore, if the Vendee defaults in making payment of the amount due andpayable as above for its proportionate share ofthe maintenance charges, its shareofproportionate charges for the sinking fund (if any) to provide for replacementsin the said building, then Vendor shall, after giving ten (10) working days notice,be entitled to lock-up/ stop/ disconnect/ discontinue any or all the facilities/services to the aforesaid Unit, till such time that all the above dues are paid infull. The Vendee has also agreed that in the event of the Vendee failing to payany dues to the Vendor or its nominated Maintenance Agency as may becomepayable by the Vendee to the Vendor at any time, the Vendor shall have the firstclaim and charge on the aforesaid Unit hereby sold.

This right of Vendor shall be apart from the right to recover the charges withminimum interest of24% p.a. from the Vendee and/or from the occupier ofthesaid Unit from out ofthe rent payable to the Vendee through the process ofcourtor otherwise. Besides the Vendee undertakes to pay caution money/ securitydeposit for payment of common outgoing/ maintenance charges/ sinking fundcharges. Such deposit moneywill not bear any interest;

(o) if there is any additional levy, rate or charge of any kind attributable to the saidbuilding known as "GLOBAL FOYER "as a consequence of Government,Statutory or any other Local Authority(ies) orders, the same, ifapplicable, shallalso be paid by the Vendee on pro-rata basis;

(p) at present the fire safety measures at the said building/ "GLOBAL FOYER "have been provided as per the existing fire safety code/ regulations. If, however,due to any subsequent legislation(s), Government Regulation, Order ordirective(s) or guidelines or if deemed necessary by Vendor , any further firesafety measures are to be undertaken due to additional requirement imposed bythe concerned authorities or for the better and/or more purposeful enjoyment ofthe said building, proportionate additional cost in respect thereof shall also bepayable on demand by the Vendee;

(q) the said Unit is a part of and located in. the building complex known as"GLOBAL FOYER ". It is in the interest of the Vendee, occupants, owners ofdifferent spaces in the building complex that the entry tg.the building complex beregulated and some safeguard be provided to prevent entry of unauthorizedpersons in the building complex, including the common areas and to give aneffective hand to Vendor or the Maintenance Agency appointed by Vendor todeal with such unlawful entrants/ loiters/ peddlers, etc., and also to enableVendor or the Maintenance Agency appointed by Vendor in particular and theVendee and/or occupants/ owners ofthe various spaces in general, to deal moreeffectively with the security ofthe "GLOBAL FOYER"and maintenance ofordertherein. For this purpose, the Vendee agrees that Vendor or the MaintenanceAgency appointed by Vendor shall be free to resist the entry at the outer gateitself. In case of insistence, the security staff will be at liberty to call upon theVendee/ occupants/ lawful owners to the gate and personally escort the person(s)from the gate to its office space/ premises/ said Unit and assume theresponsibility ofescorting them out as well. It is, however, clarified that duringoffice hours, this restrictionwill be exercised only sparingly but beyond officeworking hours it will be exercised generally. The provision of this clause, will

F; -'

8

not cast any liability ofany kind upon Vendor or Maintenance Agency appointedby Vendor. The cost of providing security services shall, however, be part of themaintenance charges;

(r) it is expressly understood that the internal security of the said Unit and the men/materials kept therein and their safety shall be the sole responsibility of theVendee and Vendor shall in no way be concerned or liable for the same.

(s). the proportionate amount of the external development charges (hereinafterreferred to as the "EDC") or the infrastructure development charges (hereinafterreferred to as the :IDC") levied by DTCP till the date of issue of license areincluded in the consideration for the Unit paid by the Vendee for the said Unit.Any increase in the EDC and /or IDC levied, by whatever name called or inwhatever form and with all such conditions imposed by Haryana Governmentand/ or any competent authority(ies) shall be borne and paid by the Vendee inproportion to the super area ofthe aforesaid "GLOBAL FOYER".

(t) if there is any additional Tax, levy, rate or charge ofany kind attributable to thesaid "GLOBAL FOYER) " so developed on the aforesaid Commercial Plot asdetailed on the Scheduled Land as a consequence of any order of theGovernment, Statutory or any other Local Authorities(ies), the same, ifapplicable, shall also be paid by the Vendee on pro-rata basis.

6. That subject to the Vendee observing and performing the terms and covenants containedherein, the Vendee shall have the absolute right to hold, use and enjoy the said Unithereby sold in any manner without interruption or hindrance whatsoever from theVendors or any person or persons claiming under, for or on its behalf.

7. That the Vendee may assign, transfer, lease or part with the possession of the said Unithereby sold after getting NOC from the maintenance agency/Vendor failing which it shallbe the responsibility of the Vendee to continue to pay any charges pertaining to the saidUnit or whatsoever nature payable under this CONVEYANCE DEED. The Vendee shallalso not sub-divide the said Unit in parts without the prior consent ofthe Vendor.

8. That the persons inducted by the Vendee in premises whether on lease/Licence or underany other relationship shall be bound by the terms of this Conveyance Deed. Anycontractual obligation between Vendor and such Occupant shall not vary or dischargeobligations of the Vendor as set out in this Deed. Even if the entry or Occupation in theUnit ofthe Vendee by a person/firm/Company is hostile or unauthorized, the same wouldnot absolve the Vendee ofhis obligations as set in herein above.

9. That the Vendee can get the aforesaid Unit transferred and mutated in its own name asowner in the revenue records or of any other concerned authority on the basis of thisCONVEYANCE DEED. However, if the Vendee transfers this Conveyance Deedthereby transferring the rights in the aforesaid Unit, all subsequent transferee shall bebound by the terms and conditions ofthis Conveyance Deed.

10. That Vendor shall indemnify and keep indemnified the Vendee from and against alldemands, claim, losses, expense that may be made against or be suffered by the Vendeearising on account of any defect in the title of the plot of land on which the aforesaid"GLOBAL FOYER "is constructed.

g

11. That the stamp duty, registration fee, and any other expenses for registration of thisConveyance Deed is borne by the Vendee.

12. The Vendee has verified from the Vendor, concerned authorities and Vendor has allowedthe Vendee inspection of the plot of land as detailed in First Schedule, building and thebuilding plans, no-objection certificates from the Fire Department, Airport Authority ofIndia and the Occupancy Certificate, the CONVEYANCE DEED, CollaborationAgreement, and notwithstanding anything to the contrary stated and represented herein orelsewhere the Vendee is satisfied with regard to the right, title, competency and authorityofthe Vendor to enter into this Conveyance Deed/ transaction.

FIRST SCHEDULE

ALL THAT the freehold plot of land admeasuring 3.884 acres ( 15717 .859 Square Meters) ofthe land, owned by MIs D.D. Resorts Pvt. Ltd., have all necessary legal and validly subsistinglicenses, approvals, consents and permissions for construction of the aforesaid "GLOBALFOYER (Formerly known as CITYSCAPE) ". The details of the said commercial Plot fordevelopment and construction of the Cominercial Complex/ "GLOBAL FOYER "is as givenhereunder:Name ofCompany Village Khasra No. Area Mutation Nos.

(Owners)M/s D.D. Resorts Chakkarpur 537/2/2 Min, 3.884 1395, 1393,- 1401, SalePvt. Ltd. 536/2 Min, Acres Deed Yasika No. 10731,

535/1, dated 02.11.2001 and533/1/1/2 Mutation No. 1398, 1391,

Min, 517Min 1392, 1399, 1400, 1397,1394, 1414, 1415, 1417,1416, 1402, 1407, 1405,1403, Sale Deed VasikaNo. 6688, dated07.08.2901, 1498, 1412,1410, 1409, 1411, 1413 andTaksim Mutation No.1336

SECOND SCHEDULE

Commercial Unit No. 04 on 03"° Floor, having a super area of 5437 Sq. Ft. (505 Sq. Mtrs.Appx. ) in the said multi storeyed office cum commercial complex known as "GLOBAL FOYER" as described in the First Schedule hereinabove, situated on the "GLOBAL FOYER (Formerlyknon as CITYSCAPE) ", Sector-43, Gurgaon, Haryana - 122 002, along-with proportionate,undivided, impartible share and interest in the free hold plot of land on which the "GLOBALFOYER" is constructed together with the common right to use the open area, common areas andcommon amenities and facilities to be provided in the said "GLOBAL FOYER " and all mannerof rights, privileges, easements, advantages and appurtenances whatsoever to the said Unit. Thesaid Unit is indicated and bordered in red ink in the plan of the aforesaid Unit appended hereto asAnnexure-A.This is a final document and supersedes all previous agreement.

10

IN WITNESSES WHEREOF, the parties have executed these presents at the place, day , monthand year as first above written in th~res nee of the under noted.~~r.. /Jo7Js-71o

)ratted LyFor, Mis. D.D. Resort R.-\Ji~JR Sli'✓(jflPrivate Limited ("VENDOR") Ad•:0cute. Gt.:,i:(.io11 (VENDEE)

pv·: -:-:::i,

,Ao-

(Authorised Signatory)

WITNESSES:-!.

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1c::. ~( riso-Jt,__; \.,tcvf2 ty .a-}

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For PACL INDIA LTD

/M-Aulhoris0.d ~.inr-:itn•

11

ANNE:A.'1.JRE-A

Floor plan ofthe floor on which the aforesaid Unit is situated, along with demarcation ofthe saidUNIT.

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CONVEYANCE DEED

35256174

IConsideration : Rs.6,41,02,106/- .Stamp Duty : Rs. 44,87,150/BankReceipt No./Date :GSR/001:256174/12.07.2010Issue By : SBI Mehfauli Gurgaon Road,Gurgaon·Project : Global FoyerUnit No. : 4A,6 3" For

: 5367 Sq. Ft.

_Jt-, r; 1THIS CONVEYANCE DEED is executed at Gurgaon on this Jj__Day of.)w,;/ 20 I 0.

Area

For D RESORTS Ii. LTD.

10296 fears 15/07/2010

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Drn"ficd By: Rajbir Slngh Adv

Ta rig snrs fii 15/07/2010 f gear Ta ark J;,TT/~lcfi,i:nfr M/S D.I) Resorts Pvt

WTfil"G"AT ml~~ f.rcm:fl 6, Jawahar Jal Nehru Road 4 Floor Kolkatta &RT q;,f1cf,{Oi ~ ~

fcl,7;n 1"P-rTI/

U--{-w tv1/S D.D Resorts Pvt LTd. thru Kishore Kumar Agarwal(O"n-IER)

. .

zqia=a fa#i q m/mi=rcft~ Thru- Vipin Singh Bisht

f.:rcrn:fI Adv gurgaon q l3,fr/~~ Bhanu Partap Singh ~/~f~l"G"AT J;,TT/~~ Gaun Shankar 6rai '2odh»

lvlag; DLF City,-! Gurgaon -q__ c!iTI • • . , .m1:1I 1: 1 al n 7raqr/3ntra+al a , 1Id TIT crt m!!:fr -==i: 2 ai uza azal zt

P:.::iTch 15107/2010.,.rs,.

lfr·,, 1,nl· Jkpi:rtm~ut I laryana 11.\RIS -EX l\'IC-HSl.'

2

BY

MUs D.D. Resorts Private Limited. a company incorporated and validly existing underprovisions of the Companies Act, I956, having its Registered Office at 6, Jawahar Lal NehruRoad, 4 Floor Kolkata , West Bengal- 700013 and Corporate office at 1I Ring Road, LajpatNagar-IV, New Delhi -110024 through its authorized Signatory Mr.Kishore Kumar AgarwalS/o Late Sh. Ramesh Chand Agarwal resident ofB-108, 1 Floor, New Friends Colony NewDelhi - 110065, vide Board of Directors Resolution Dated 02" July 2010, [Hereinafter referredto as the "VENDOR/SELLER" which expression, unless it be repugnant to the context ormeaning their of, shall mean . and include its successors in business, Legal representatives,nominees and permitted assigns] ofthe ONE PART:

IN FAVOUR OF

MIS PACL INDIA LIMITED A COMPANY INCOROPRATED UNDER THECOMPANIES ACT, 1956, HAVING ITS CORPORATE OFFICE AT 7"" FLOOR GOPALDAS BRAWAN, 28 BARAKHAMBA ROAD, NEW DELHI-110001 through its authorizedsignatory Mr.Vipin Singh Bisht S/o Mr.Bag Singh Bisht vide Board of Directors ResolutionDated 10 June 2010,[hereinafter called the "VENDEE" which expression, unless it berepugnant to the . context or meaning thereof, shall mean and include its successors, legalrepresentatives, executors and assigns] ofthe OTHER PART.


WHEREAS, the Vendor represents and warrants that:-

(a) The Vendor is the absolute owner of a Plot of land bearing Khasra No. 537/2/2, 536/2,535/1, 533/1/1/2, 517 measuring 3.884 Acres situated in the revenue estate of VillageChakkarpur, Sector-43, Tehsil & Distt. Gurgaon by way of revenue documentscomprising of Mutation Nos. 1395, 1393, 1401, 1398, 1394, 1397, 1396, 1400, 1399,1391, 1392, 1413,1403, 1402, 1405, 1404, 1406, 1407, 1408, 1411, 1409, 1410, 1414,1415, 1412, 1417, 1416, and Taksim Mutation No.1336 (hereinafter referred to as the"Commercial Plot"), more fully and particularly described in the FIRST SCHEDULE,hereinunder;

(b) The Vendor/Seller has obtained licenses Nos.31, 32, 33, and 34 of2004 and the same arelegally valid and subsisting (hereinafter referred to as the "Licenses), from the DirectorTown and Country Planning, Chandigarh (hereinafter referred to as the "DTCP) fordevelopment of a commercial colony on the said Commercial Plot.

(c) The Vendor has completed construction and development of the aforesaid CommercialComplex through Mis. D.D. Resorts Pvt. Ltd. and has agreed to name of the saidCommercial Colony to be developed on the aforesaid Commercial Plot as "GLOBALFOYER, (Formerly known as CITYSCAPE,) " ( hereinafter referred to as the"Commercial Complex/GLOBAL FOYER ).


r

Book No.Reg. Year2010-201 l

Reg. No.10296

fuiRIIKi:;hore Kumar Agarwa1Jtw_Vy,.,-,yt,., oe_' __

~ru- Vipin Singh Bisht_~

"""' 1,- C.LArnrn~ _,,.~ 2,- Bhaou Pmrnp smgh~~r-f<f •~ fcl:;,.rr ~ % fen °% u#a sis 10,296 s Raia 15/07/2010 # %1 7" I~ 1: 9.753 c!i"

1r<3 -;:r: 140 q jiia fzn rrzn an zrat u# 1Jfu <l-!fctf1y,fa cfITT "B"W-lT I~ ;,: 832 cf.1r'3 "B"W-lT 52 "ff 53 "9'"{ ~ -r-r<ITI % 'l-iT wrrfurn fci,lrr "1Trn °% fer; ~ C::hilcl"i cfi ~ftl.ctchdi 3ffiTTclTi.r ~ am ~wf.ITTA 3tiJar m "ffi1R ~ i ,

Rfi" 15/07/2010

-----------------------------------------------------Rene Department Har ana IIARIS -F:\ NI-IS '

313

Plot alongiwith the constructions thereupon and the right to use the common areas andfacilities therein.

(e) The Vendor/Seller/ has procured all necessary consents, approvals, permissions etc. fromall concerned authorities required for utilization of the said commercial plot forcommercial purpose.

AND WHEREAS, the Vendor vide Buyer's Agreement dated 10.07.2010 agreed to transfer, sell,convey to the Vendee and the Vendee agreed to purchase Unit No. 04A, on 3rd Floor, having asuper area of 5367 Sq. Ft. (499 Sq. Mtrs. Appx. ) with proportionate, undivided, impartiableshare and interest in the aforesaid Commercial Plot, on which the aforesaid "GLOBAL FOYER)" is developed and constructed together with the right to use the open area, common areas, andcommon amenities, and facilities i.e. staircases, lifts, entrances, and exits of the aforesaidCommercial Complex, water supply arrangement and installation i.e. power, light, sewerage, etc.and including all easement rights attached therewith (hereinafter referred to as the said "Unit")more fully and particularly described in the SECOND SCHEDULE hereunder written and thefloor plan appended hereto as ANNEXURE-A, demarcating the aforesaid Unit'

AND WHEREAS, the Vendor has assured the Vendee that the said Unit is Saleable and hasagreed to sell and the Vendee has agreed to purchase the aforesaid Unit for a total considerationof Rs.6,41,02,106/ (Rupees Six Crores Forty One Lacs Two Thousand One Hundred SixOnly) free from all encumbrances, liens, lis pendens, charges, claims, demands, actions,attachments, trusts, prior agreements whatsoever or howsoever, on the terms and conditionshereinafter recorded and the Vendor had agreed to convey the title ofthe aforesaid Unit in favourofthe Vendee on the terms and conditions given herein below:

NOWTHEREFOR. THIS DEED CONVEYANCE WITNESSETH AS UNDER :

1.

2.

3.

That in consideration for a sum ofRs. 6,41,02,106/ (Rupees Six Crores Forty One LacsTwo Thousand One Hundred Six Only), already paid by the Vendee to {he Vendor, the

. Vendor hereby sell, transfer and convey the aforesaid Unit No. 04A, on 3rd Floor, havinga super area of 5367 Sq. Ft. (499 Sq. Mtrs. Appx. ) in the aforesaid "GLOBALFOYER (Formerly known as CITYSCAPE) ", situated in -Village Chakkerpur,Sector-43, Golf Course Road, Gurgaon, Haryana -122 002 along-with theproportionate, undivided, impartible share in the land and interest in and usage ofthe saidcommon areas and common amenities and facilities to be provided in the said "GLOBALFOYER) "together with all sorts/ manner of rights, privileges, easements, advantages,appendages and appurtenances whatsoever to the said Unit, more fully and particularlydescribed in the Second Schedule and the Annexure-A, appended hereto and to hold,possess and enjoy the said Unit, free from all encumbrances, charges, liens, lis pendens,attachments, trusts, prior agreements, whatsoever or howsoever.That Vendor hereby confirms and acknowledges the receipt of the total sale considerationin respect of the said Unit and that there is nothing due from the Vendee towards the saleconsideration in respect of the said Unit and the Vendor hereby acquit, release anddischarge the Vendee in respect ofthe sale consideration of the said Unit.That, with consent of the Vendee herein, the aforesaid Unit has been handed over by theVendor to the Vendee herein, absolutely and forever, and the Vendee acknowledgeshaving taken over the possession of the same to its/his/her entire satisfaction complete inall respects without any defects or deficiency ofany kind.

~

]~j

4

That Vendor hereby assure, represent and covenant to the Vendee as hereunder:

(a) That the Vendee , subject to the provisions of the maintenance agreement, shallbe entitled to the following rights in common with the other occupant/ owners ofthe other Units in the aforesaid "GLOBAL FOYER", which shall be subject torules and regulations made by the Vendor and/or the maintenance agencyappointed by the Vendor:

common right and liberty for the Vendee and all persons authorized orpermitted by him, for all lawful purposes to use the corridors, lobbies,staircases, fire escapes and entrances and exits for ingress to and egressfrom the said Unit;

(@i) the right to sub-adjacent and lateral support and shelter and protectionfrom the foundations, columns, girders, beams, supports, main wall andfrom the sides and roofofthe aforesaid Unit;

(b). THat notwithstanding anything contained herein or elsewhere, it has been clearlyunderstood and agreed to by and between the Parties that the maintenance ofcommon areas/ facilities, supervision and services to the "GLOBAL FOYER)"shall be undertaken and handled by a maintenance agency appointed/ nominatedby the Vendor from time to time (hereinafter referred to as the "MaintenanceAgency"). The Vendee hereby has consented and execute the maintenanceagreements. The proportionate monthly charges, by whatever name called, shallbe borne by the Vendee and the purchasers/ occupants of individual units ofthearea, as may be fixed/ applicable from time to time. The Vendee shall be entitledto use all common passages and common facilities in connection with the use andoccupation of the aforesaid Unit subject to the payment of such charges, whichmay be levied from time to time by the Maintenance Agency.

5. That the Vendee has specifically and unambiguously agreed that the sale shall be subjectto various restrictions; limitations, etc. The Parties herein have mutually agreed that:

(a) the entire plot of land on which the aforesaid "GLOBAL FOYER " isconstructed, the superstructure constructed thereon and ifra-structural facilitiesprovided therein shall remain under the possession, control and management ofthe Vendor and/ or the Maintenance Agency (nominated or appointed by Vendor)and the owner/ occupants of the individual Units/ portions/ spaces shall be boundby the rules and regulations made by the Maintenance Agency for the betterenjoyment of the building known as "GLOBAL FOYER "and a separatemaintenance agreement, which shall be in the standard form as will be decidedby the Maintenance Agency, for the entire complex, and will be executedbetween the Vendee and the Vendor and/or the Maintenance Agency in thisregard. The said maintenance agreement shall, inter alia, exhaustively defines thescope of maintenance of various services and facilities and the charges payableby the Vendee in respect thereof;

(b) save and except the said Unit, the Vendee shall have no claim, right, title orinterest of any nature or kind over or in respect of all or any open spaces,common areas/ facilities/ equipment/ infra-structure, lobbies, staircases, lifts,

5

terrace-roof(which shall remain the exclusive property ofVendor). However theVendee shall have right to enjoy mere the use ofthe open spaces, common areas/facilities/ equipment/ infra-structure, lobbies, staircases, lifts, without claimingany other right thereon;

the Vendor shall always have the right to make additions, raise additional floorsor put upon additional structures, as may be permitted by the competentauthorities and such additional space/ areas/ structures/ floors shall be soleproperty ofVendor , who shall have unfettered rights inter-alia to dispose off thesame or any part thereof, without any interference on the part of the Vendee(individually) or collectively by one or more vendee(s)/ purchaser(s)/ occupant(s)ofthe other units in the aforesaid "GLOBAL FOYER ".

(d) the Vendee shall use the said Unit for permitted/ lawful purposes only and not tocarry on or permit to be carried on the aforesaid Unit or in any part thereof anyactivities which shall be or are likely to be in contravention to the statutory byelaws, rules and regulations, or unlawful, obnoxious or of nuisance, annoyance ordisturbance to other occupants of the building/ "GLOBAL FOYER (Formerlyknown as CITYSCAPE) " or store any goods of hazardous or combustible natureor which are heavy so as to affect the construction or the structure of the saidbuilding/ "GLOBAL FOYER "or any part thereof·or in any manner interfere forcommon use;

·(e) at the time of renovating, refurnishing, decoration, installing any equipment,furniture, machinery, partition, false ceiling, etc., as also for using aforesaid Unit,the Vendee (or their nominee/ tenants) shall absolutely regard the fire safetylaws, and all other rules and procedure in its letter and spirit. The Vendee (ortheir nominee/ tenants) shall be bound to take a prior permission from Vendor/Maintenance Agency, Fire Department and any other concerned authorities/department, before undertaking any such job;

(f) Vendor shall be entitled to connect the electric, water, sanitary, power backup, airconditioning and drainage fittings on the additional structure(s)/ storey(s) withthe existing electric, water, sanitary, generator based power back up, airconditioning and drainage sources. Further, the terrace_of the building includingthe parapet walls, shall always be the property of the Vendor and the agreementswith the Vendee and/ or with the other vendees]buyers/ purchasers of the Unitsin the said building shall be subject to the aforesaid rights of the Vendor, whoshall be entitled to construct and use the said terrace and the parapet walls for allpurposes including, but not limited to, the display of advertisements and signboards or open air restaurant and the Vendor shall always have the right ofeasement to roof, parapet walls. Further, Verdor shall have the right to put upboards in common areas. The Vendee hereby gives consent to the above andagrees that the Vendee shall not be entitled to raise objection or make any claimor claims of any reduction in the price of the said Unit agreed to be acquired bythe Vendee and/ or to any compensation or damages on the ground ofinconvenience or any other ground whatsoever;


RTFor DD RE) S ••. •·

6

payable separately by the Vendee in .proportion to the area of the said Unitpurchased by him vis-a-vis premium payable by Vendor and/ or MaintenanceAgency for the building. The contents, fixtures and fittings installed in theaforesaid Unit shall, however, be got insured by the Vendee/ occupier at its owncost;

the Vendee or anyone claiming under or through Vendee shall not decorate theexterior ofthe aforesaid Unit otherwise than in the manner agreed to with Vendoror in the manner as similar as may be in which the same was previouslydecorated; close the verandahs or lounges or balconies or common passage orcommon corridors even if a particular floor(s) is occupied by the same party/Vendee, make any alterations in any elevation and outside color scheme of theexposed walls of the verandah lounge or any external walls or both,the faces ofexternal doors and windows ofthe aforesaid Unit which in the opinion ofVendordiffer.from the color scheme ofthe building;

(i) the Vendee (or its nominee/ tenants) shall not display or be pennitted to displayname and address ofthe occupant of the aforesaid Unit at any place(s), other thanas may be permitted by the Vendor and not to put up any name or sign board,publicity or advertisement material on the external facet of the building/"GLOBAL FOYER " or anywhere in the common areas without the priorapproval of the Vendor in writing. All advertising rights in the entire building/"GLOBAL FOYER" including the right to use of terrace and roofand/ or below/outside the boundary wall of the said building, its peripheries exclusively vestwith Vendor;

(j) the Vendee hereby covenants to keep and maintain the aforesaid Units, peripherywalls, partition walls and sewers, drains, pipes and appurtenances thereto orbelonging thereto in the same good tenantable repair, state, order and condition inwhich it has been delivered to the Vendee and in particular, so as to support,shelter and protect all parts ofthe building other than the said Unit;

(k) the Vendee shall not let, sub-let, underlet, assign, lease, transfer, part with or inany way encumber the said Unit till all dues, of any nature whatsoever, owing toVendor/ Maintenance Agency or payable hereunder areRilly paid before any ofthe above right is exercised and the Vendee obtains a no-dues certificate fromVendor/ Maintenance Agency for this purpose, which no-due certificate shall notbe unreasonably withheld;

(I) nothing contained in these presents shall, however, be construed to confer uponthe Vendee the rights, title or interest to grant, lease, demise or assign in the saidCommercial plot upon which the said "GLOBAL FOYER " is constructed or inthe rest of the building, except the aforesaid Unit and the proportionate,undivided, impartible rights relating thereto in the land underneath;

(m) all the transferees of the Vendee's interest in the said Unit including thesubsequent owners of the Unit, hereby being sold shall always be bound by theterms and conditions of this CONVEYANCE DEED and shall adhere andconform to the provisions of the Maintenance Agreement executed by theVendee;

7

(n) furthermore, if the Vendee defaults in making payment of the amount due andpayable as above for its proportionate share ofthe maintenance charges, its shareofproportionate charges for the sinking fund (if any) to provide for replacementsin the said building, then Vendor shall, after giving ten (10) working days notice,be entitled to lock-up/ stop/ disconnect/ discontinue any or all the facilities/services to the aforesaid Unit, till such time that all the above dues are paid infull. The Vendee has also agreed that in the event of the Vendee failing to payany dues to the Vendor or its nominated Maintenance Agency as.may becomepayable by the Vendee to the Vendor at any time, the Vendor shall have the firstclaim and charge on the aforesaid Unit hereby sold.

This right of Vendor shall be apart from the right to recover the charges withminimum interest of 24% p.a. from the Vendee and/or from the occupier of thesaid Unit from out of the rent payable to the Vendee through the process of courtor otherwise. Besides the Vendee undertakes to pay caution money/ securitydeposit for payment of common outgoing/ maintenance charges/ sinking fundcharges. Such deposit money will not bear any interest;

(o) if there is any additional levy, rate or charge of any kind attributable to the saidbuilding known as "GLOBAL FOYER "as a consequence of Government,Statutory or any other Local Authority(ies) orders, the same, if applicable, shallalso be paid by the Vendee on pro-rata basis;


(q) the said Unit is a part of and located in the building complex known as"GLOBAL FOYER ". It is in the interest of the Vendee, occupants, owners ofdifferent spaces in the building complex that the entry to the building complex beregulated and some safeguard be provided to prevent entry of unauthorizedpersons in the building complex, including the common areas and to give aneffective hand to Vendor or the Maintenance Agency appointed by Vendor todeal with such unlawful entrants/ loiters/ peddlers, etc., and also to enableVendor or the Maintenance Agency appointed by Vendor in particular and theVendee and/or occupants/ owners of the various spaces in general, to deal moreeffectively with the security ofthe "GLOBAL FOYER"and maintenance ofordertherein. For this purpose, the Vendee agrees that Vendor or the MaintenanceAgency appointed by Vendor shall be free to resist the entry at the outer gateitself. In case of insistence, the security staff will be at liberty to call upon theVendeel occupants/ lawful owners to the gate and personally escort the person(s)from the gate to its office space/ premises/ said Unit and assume theresponsibility of escorting them out as well. It is, however, clarified that duringoffice hours, this restriction will be exercised only sparingly but beyond officeworking hours it will be exercised generally. The provision of this clause, will

For DD oEc-c,q·r~ ··vT 110.1\ ·a 2 • •

8

not cast any liability of any kind upon Vendor or Maintenance Agency appointedby Vendor. The cost of providing security services shall, however, be part of themaintenance charges;

it is expressly understood that the internal security of the said Unit and the men/materials kept therein and their safety shall be the sole responsibility of theVendee and Vendor shall in no way be concerned or liable for the same.

(s). the proportionate amount of the external development charges (hereinafterreferred to as the "EDC") or the infrastructure development charges (hereinafterreferred to as the :1DC") levied by DTCP ill the date of issue of license areincluded in the consideration for the Unit paid by the Vendee for the said Unit.Any increase in the EDC and /or IDC levied, by whatever name called or inwhatever form and with all such conditions imposed by Haryana Governmentand/ or any competent authority(ies) shall be borne and paid by the Vendee inproportion to the super area ofthe aforesaid "GLOBAL FOYER.



7. That the Vendee may assign, transfer, lease or part with the possession of the said Unithereby sold after getting NOC from the maintenance agencyNendor failing which it shallbe the responsibility of the Vendee to continue to pay any charges pertaining to the saidUnit or whatsoever nature payable under this CONVEYANCE DEED. The Vendee shallalso not sub-divide the said Unit in parts without the prior consent ofthe Vendor.

8. That the persons inducted by the Vendee in premises whether on lease/Licence or underany other relationship shall be bound by the tenns of this Conveyance Deed. Anycontractual obligation between Vendor and such Occupant shall not vary or dischargeobligations of the Vendor as set out in this Deed. Even if the entry or Occupation in theUnit of the Vendee by a person/firm/Company is hostile or unauthorized, the same wouldnot absolve the Vendee ofhis obligations as set in herein above.

9. That the Vendee can get the aforesaid Unit transferred and mutated in its own name asowner in the revenue records or of any other concerned authority on the basis of thisCONVEYANCE DEED. However, if the Vendee transfers this Conveyance Deedthereby transferring the rights in the aforesaid Unit, all subsequent transferee shall bebound by the terms and conditions of this Conveyance Deed.


l- -,

9

That the stamp duty, registration fee, and any other expenses for registration of thisConveyance Deed is borne by the Vendee.

12. The Vendee has verified from the Vendor, concerned authorities and Vendor has allowedthe Vendee inspection of the plot of land as detailed in First Schedule, building and thebuilding plans, no-objection certificates from the Fire Department, Airport Authority ofIndia and the Occupancy Certificate, the CONVEYANCE DEED, CollaborationAgreement, and notwithstanding anything to the contrary stated and represented herein orelsewhere the Vendee is satisfied with regard to the right, title, competency and authorityof the Vendor to enter into this Conveyance Deed/ transaction.

FIRST SCHEDULE

ALL THAT the freehold plot of land admeasuring 3.884 acres (15717.859 Square Meters) ofthe land, owned by MIs D.D. Resorts Pvt. Ltd., have all necessary legal and validly subsistinglicenses, approvals, consents and pennissions for .construction of the aforesaid "GLOBALFOYER (Formerly known as CITYSCAPE) ". The details of the said commercial Plot fordevelopment and construction of the Commercial Complex/ "GLOBAL FOYER "is as givenhereunder·Name ofCompany Village Khasra No. Area Mutation Nos.

(Owners)Mis D.D. Resorts Chakkarpur 537/2/2 Min, 3.884 1395, 1393, 1401, SalePvt. Ltd. 536/2 Min, Acres Deed Yasika No. 10731,


Min, 517Min 1392, 1399, 1400, 1397,1394, 1414, 1415, 1417,1416, 1402, 1407, 1405,1403, Sale Deed YasikaNo. 6688, dated07.08.2001, 1408, 1412,1410, 1409, 14 I I, 1413 andTaksim Mutation No.1336

SECOND SCHEDULE

Commercial Unit No. 04A on 03" Floor, having a super area of 5367 Sq. Ft. (499 Sq. Mtrs.Appx.) in the said multi storeyed office cum commercial complex known as "GLOBAL FOYER" as described in the First Schedule hereinabove, situated on the "GLOBAL FOYER (Formerlyknown as CITYSCAPE) ", Sector-43, Gurgaon, Haryana - 122 002, along-with proportionate,undivided, impartible share and interest in the free hold plot of land on which the "GLOBALFOYER" is constructed together with the common right to use the open area, common areas andcommon amenities and facilities to be provided in the said "GLOBAL FOYER" and all mannerofrights, privileges, easements, advantages and appurtenances whatsoever to the said Unit. Thesaid Unit is indicated and bordered in red ink in the plan ofthe aforesaid Unit appended hereto asAnnexure-A.This is a final document and supersedes all previous agreement.

10

IN \VITNESSES WHEREOF, the parties have executed these presents at the place, day , monthand year as first a?ove written in~. pr. sence of the under noted. ·)2.J..t" tJoft I is.9,-1"

.. ,.. , ..: •. .1.,·· · • · , · INCH-I

For, Mis. D.D. Resort i\dvoc~-t~. ·GurgaonPrivate Limited ("VENDOR") (VENDEE)

For O D RESORTS PVT. LTO.\/A/\,--

Anth r ;,-.natOfll(A h . d s· ~·"·)J'':J' Jut onse 1gnatory

WITNESSES:-

AC.l.~

A&vacatept auk, OLE@N

For F- 1NDIA LTD.-{JJ?d-Alll!'0f\Sed Siqnatory

2.

Ls,PP?eti 1r..ct• k-, ti.1 (b l(7,_ • c~w..A• CS::~·

/../b !{~ l.oJli flcv-J,,Z> vi c,1y I~ -1-roj-- °

ANNEXURE-A

CL \ND\A LTD.

"a%. , Sionatorvput'horrseo

11

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SALE DEED

-TokrmNo.l9JI:; :/_aNo g,Date-••L°i(~Ji,;

rRs. 3,S0,00',000/-

1.Rs. 24,37,,435/-GSR/001 : 272688 / 14-01-2010S.B.I., M.R., GURGAON

THIS SALE DEED IS MADE AT GURGAON ON THIS 191h day of January 201 I,

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Def ~1£,v · Ira v ., '6- .. --A~~..,...,!:>.f:•• ..... Rece1veq,~R., N-&,£g 1 ..2lo."t;"caved

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TRANSACTION VALUESTAMP DUTYBANK RECEIPT NO. /DATERECEIPT ISSUED BY

1rffis -::r: 29424

'iT:s cpT ~ SALE WITH INMC AREA

~ ~tjt fc:rcRur

5o~ 19/01/2011

ft.l!ffi Sector-43

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Drafted By: Rajbir Singh Adv.

"Um 12565 q?a ~ 19/01/2011

~ ~ ~ fcR'icfi 19/01/2011 f&ea graT Hz 1:15:00PM as j/ja/art Sunstar Overseas Ltd.

"9?[~~/fl ml~~ f.:rqjm 4119n FFNayaBazarDelhi IDU 4"1icfi{□I ~ ~ rcfl<TT Tfl!TI

~r<rnimcf ml~~ Thru- VipinSingh Bisht ~~ %1 ~ ~ c6 q2ZJT at ?ht it {aI rat lat fa=ml Ta # 3raT 0.00 qa at ufT km qagg farcfiT 3Rl clft crey • ii cifufa a:rfui:r 3TcJ al n{ zf efi" ITT ~ cfil ~ m11

-e:AT -q8;11" cfft ~ .i,rrl~~ Gauri Shankar "9?[/gm/fl .ml~~ Mohar Singh f.:rcrnfl- 2 Bodhi

~al!@~S.C. Arora~/gm/1:R9t ml~~ f.:rqjm Adv. Gurgaon -q- 9'11

ft 3: 1 #l 7Tar/srfrarar # sq sra &an a qr :2 st sat aar et

o<t/!!.:f'.Fd ~~WA r 1 · ' --.. ,, ' -:: ··~ • ....... • 1.r... ~~::_· - .• .:..""L;.., C _:_',:_ _-.._J.~~...,c;:,:i1 · -··i.b, ;~. _.:, -,·· __

· -»zgdu...1

~ 19/01/2011

5Iby SUNSTAR OVERSEAS LTD., AT 4119/7, FIRST FLOOR, NAYA BAZAR,

DELHI, THROUGH ITS AUTHORIZED SIGNATORY MR. NARENDER

SIDHAR SON OF SH. RAM LAL SIDHAR, vide Board Resolution dated 08-12

2010, (hereinafter called the 'VENDOR') which expression shall unless opposed to

the context hereof include its, successors, legal representatives administrators

nominees and assigns of the ONE PART:

IN FAVOUR OF

MIS PACL INDIA LIMITED, A COMPANY INCOROPRATED UNDER THE

COMPANIES ACT, 1956, HAVING ITS CORPORATE OFFICE AT 7TI

FLOOR GOPALDAS BHAWAN, 28 BARAKHAMBA ROAD, NEW DELHI-

110001, THROUGH ITS AUTHORIZED SIGNATORY MR.VIPIN SINGH

BISHT, vide Board resolution dated 13.11.2010 (hereinafter called the 'VENDEE')

which expression shall mean and include its, successors, legal representatives,

administrators, executors, nominees and assigns.

WHEREAS the above said VENDOR is the sole, exclusive and absolute owner and in

possession of, Commercial Unit No. 04 on 6" Floor, having a super area of 5357

Sq. Ft. (497.68 Sq. Mtrs.) in the multi storeyed office cum commercial complex

known as "GLOBAL FOYER " (Formerly known as CITYSCAPE) ", Sector-43,

Gurgaon, Haryana - 122002, along-with proportionate, undivided, impartible share

and interest in the free hold plot of land on which the "GLOBAL FOYER " is

constructed together with the common right to use the open area, common areas and

common amenities and facilities to be provided in the said "GLOBAL FOYER " and

all sorts/manner of rights, privileges, easements, advantages and appurtenances

whatsoever to the said Unit, By way of Conveyance Deed Vasika No. 28818 dated

13-01-2011 registered in the office of Sub-registrar, Gurgaon, Haryana, (hereinafter

called the "PROPERTY").

AND WHEREAS the said PROPERTY is the self purchased/ acquired PROPERTY

of the VENDOR and has not been acquired from the joint family funds and the

VENDOR has good title & absolute authority to sell and transfer the said

PROPERTY. None else have any right title or interest in the said PROPERTY.

2

Reg. No.29424

Reg. Year2010-2011

Book No.1

#aThru- Vipin Singh Bisht,__-1---hH:t~=---

""" 1:- G,wiShaok~~-S.C. Arnra b---~>[q[Uf--q-5f

w:rrfora" fcl;?:rr ~ t fcn ~ m¾r ~ 29,424 ~ ~ 19/01/2011 cfil" 9ITT -.:r: 1 ~ 1: 9,753 q;'TS -.:r: 140 cR ~ fc!ic:rr 1l<IT ~TI ~~ "9fcr 3lfctf{c:fd qeft "ffis!IT 1 ~ 1: 832 cfi""T>3 "ffis!IT 52 a 54 w faun{ rf 'lW '1-1f wmufd' ms «mar tr a <««th 3 %aah ms ar/fa #gar ht_r fa ?1 jl

ou pf@${2$er#,s9%a0Jc---=--·~ :

Revenue Department Haryana HARIS-EX NIC-HSU

AND WHEREAS the VENDOR due to some legal needs and commitments has

decided to sell the above said PROPERTY and the VENDEE herein agreed to

purchase the same on the following tenns mutually agreed between the parties.

THEREFORE IT IS HEREBY AGREED DECLARED COVENANTED ANDRECORDED BY AND BETWEEN THEPARTIES HERETOAS FOLLOWS: .

1. That the VENDOR has agreed to sell above said PROPERTY and the

VENDEE has agreed to purchase the same for a total sum ofRs.3,50,00,000/

(Rupees Three Crore Fifty Lac only) which is paid by the VENDEE to the

VENDOR as the total sale consideration of the above said PROPERTY as

under:

Cheque No. Dated Amount Drawn On543123 10/12/2010 50,00,000/- Axis Bank Ltd. Paschim Vihar

New Delhi543124 10/12/2010 50,00,000/- Axis Bank Ltd. Paschim Vihar

New Delhi104411 10/12/2010 50,00,000/- The Nainital Bank Ltd.

Panchkuian Road, New Delhi104412 10/12/2010 50,00,000/- The Nainital Bank Ltd.

Panchkuian Road, New Delhi231048 31/12/2010 50,00,000/ PunjabNational Bank, Kirti Nagar,

New Delhi231049 31/12/2010 50,00,000/ PunjabNational Bank, Kirti Nagar,

New Delhi231050 31/12/2010 50,00,000/ Punjab National Bank, Kirti Nagar,

New Delhi

2. That the VENDOR admits and acknowledges the receipt of the aforesaid sale

consideration ofRs.3,50,00,000/- (Rupees Three Crore.Fifty Lac only), in full

and final settlement and now nothing remains to be paid towards sale

consideration of the aforesaid Commercial Unit No. 04 on 6 Floor, having a

super area of 5357 Sq. Ft. (497.68 Sq. Mtrs.) in the multi storeyed office cum

commercial complex known as "GLOBAL FOYER " (Formerly known as

CITYSCAPE) ", Sector-43, Gurgaon, Haryana - 122002, along-with

proportionate, undivided, impartible share and interest in the free hold plot of

land on which the "GLOBAL FOYER " is constructed together with the

common right to use the open area, common areas and common amenities and

facilities to be provided in the said "GLOBAL FOYER " and all manner of

rights, privileges, easements, advanta s u :enances whatsoever to the

3

said Unit or on any other account and the VENDOR do herby sells, conveys

and transfers the aforesaid property with all rights of ownership and other

rights pertaining to the same free from all encumbrances unto the VENDEE

absolutely forever.

3. That the VENDOR being of sound mind by free WILL without any pressure

do herein grants, conveys and transfer all their rights, titles and interests in the

said Commercial Unit No. 04 on6 Floor, having a super area of 5357 Sq. Ft.

(497.68 Sq. Mtrs.) in the multi storeyed office cum commercial complex

known as "GLOBAL FOYER " (Formerly known as CITYSCAPE) ", Sector

43, Gurgaon, Haryana - 122002, along-with proportionate, undivided,

impartible share and interest in the free hold plot of land on which the

"GLOBAL FOYER" is constructed together with the common right to use the

open area, common areas and common amenities and facilities to be provided

in the said "GLOBAL FOYER " and all manner of rights, privileges,

easements, advantages and appurtenances whatsoever to the said Unit unto the

VENDEE herein.

4. That the said PROPERTY transferred herein is free hold and free from all

encumbrances, claims, demands, liens, mortgages, decrees, litigations, prior

sales, agreement to sell, gift, court attachments, etc.

5. That the actual physical Vacant possession of the above said PROPERTY

hereby conveyed has been delivered to the VENDEE at the spot who has

become the absolute owner in possession of the same and shall enjoy all the

rights, privileges, passages, appurtenances, electricity, water & sewere

connection and possession etc. and absolute ownership in the said

PROPERTY without any hindrance, claims, demands by the VENDOR or

VENDOR'S heirs etc.

6. That all the expenses for the Stamp Duty, Registration Fees, Engrossing and

other incidental charges for this SALE DEED have been borne and paid by

theVENDEE.

4

I414.I

I

7. That the taxes, cesses, dues or demands in respect of this PROPERTY have

been paid and cleared by the VENDOR upto the date of execution of this

SALE DEED absolutely and thereafter it shall be the responsibility of the

VENDEE for future taxes etc.

8. That the previous CONVEYANCE DEED and all other relevant

documents/papers concerning this PROPERTY have been handed over by the

VENDOR to.the VENDEE in original.

9. That the VENDEE hereby further agrees to bear any additional charges which

may be levied by the Govt. or local authority for provision of external and/or

peripheral services attributable to the said PROPERTY and on pro-rata basis

AND WHEREAS the VENDEE has also agreed to pay pro-rata charges for

maintaining various services and facilities in the said colony until the same are

handed over to a local body for maintenance.

10. That the amount of sale consideration includes the contingency deposit and

security deposit, if any, which the VENDOR have paid to Mis D.D. Resorts

Pvt. Ltd./Concerned Authority. Now the VENDEE is entitled to get the said

amount endorsed in its favour.

11. That the VENDEE shall abide by all the terms and conditions laid by MIs

D.D. Resorts Pvt. Ltd./Concerned Authority at the time of allotment or

execution of SALE DEED.

12. That the VENDEE has inspected the PROPERTY, gone through the

documents and is fully satisfied regarding the ownership/title of the VENDOR

in respect to the said PROPERTY.

THE VENDORDECLARES ANDASSURES THE VENDEE

a) That the above said PROPERTY hereby conveyed was its self purchased /

acquired PROPERTY by virtue of CONVEYANCE DEED mentioned herein

above and that no one else except the VE DOR have rights, claims, interest

5

and concern whatsoever in the PROPERTY hereby conveyed or any part

thereof.

b) That the PROPERTY hereby conveyed is free from all sorts of encumbrances,

charges, legal flaws, liens, taxes, dues, demands, liabilities, notification,

mortgages, court-decree and attachments etc.

c) That the contents of these presents are true and correct, if at any time hereafter

the assurance and contents contained hereinabove are found to be incorrect

due to any defect in the title of the VENDOR or VENDOR'S rights to sell the

PROPERTY hereby conveyed or any part thereof and the VENDEE suffers

any loss then the VENDOR shall be liable to make good the loss thus suffered

by the VENDEE and keep the VENDEE saved, harmless and indemnified

through VENDOR'S movable and immovable property/ies against all losses,

costs, damages and expenses occurring thereby to the VENDEE.

d) That the VENDEE can get the said PROPERTY mutated/ transfer in its name

as owner in the records of the concerned authorities on the basis of this SALE

DEED or its certified true copy.

!I

' .• •, f .::::. -~ .... ,

-,25,i,-.

VENDOR

VENDEE

IN WITNESS WHEREOF THE PARTIES ABOVE NAMED HAVE AFFIXEDTHEIR SIGNATURES ON THIS DEED OF SALE ON THE DATE MONTHAND YEAR WRITTEN IN THE P CE OF THE WITNESSES GIVENBELOW:

WITNESSES

%-Subhask "·. +a•av++s

Dist. Couts, Gurgaon

,'-=r..l..Mr.~~ri Shankar S/o Sh. Mohar SinghRio 2 Bodhi Marg, DLF-I, Gurgaon

Advocate, Gurgaon

6

i

<FqI0I HARYANA 41AA 719822

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,:::--CONVEYANCE ..DEED

.LTD.

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Ah. S+gator

for DD RESJRTS

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f.,.•£Consideration : Rs.7,54,23,3841/-Stamp Duty : Rs. 52,79-,6j6i-Bank Receipt No./Date :Gp.t00l:256169/12.07.2010 .Issue By : SBI Mebrauli Gurgaon Road,GurgaonProject : Global:Foyer

: . Unit No. : 01, on 7" Foorf Area : 6,314.883 Sq:~ r ITHIS CONVEYANCE DEED is executed at Gurgaon on thisD__Day of .J0.y.. 2010.,,,:::;.. ,\·--1

--

10303 fer 15/07/2010

Rp:q ~ <n"t "{TRT 5,279,650.00ffl-cm=trr ~ 2.00~

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m 9'T 4li:r CONVEYANCE WITH TN MC AREAa<it/ra-airer .qenrianta/ @ger#is

-nm f.srn -q"{ "fcTPi s¢ ~ 1s,423,384.oom

{f'5Je'.!<h 1:Ji'm <!ft "{!R1 15,000.00 ffl

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wife

mrnT Ad,. Gurgaon q -?,TI/-mi:@11c[im'i Bhanu Prntap Saini ;pr1~1/1«9t Jffilmrrrf!~ (iauri Shankar

Marg • DLF-I, Gargaon at , , . , .mc.11 1: 1 at z 7raar/2rtra=al # m n Grat a I 9f. ?Ti:fJ -;:r: 2 <!f1 ~ cfi'«T1 t,

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~ff 15i07/2010

~"'\.. . -'·---~-Ms? D.D. Resorts Pvt. Ltd. thru Kishor..: Kunw Aggarwa](OTHBl 1

3ts=a far a sj/ft/a? Thro-Vii Kumar Bisht

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BY

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IN FAVOUR OF

MIS. PACL INDIA LIMITED A COMPANY _INCOROPRATED UNDER THECOMPANIES ACT, 1956, HAVING ITS CORPORATE OFFICE AT T"FLOOR GOPALDAS BHAWAN, 28 BARAKHAMBA ROAD, NEW DELHI-110001 through its authorizedsignatory Mr.Vipin Singh Bisht S/o Mr.Bag Singh Bisht vide Board of Directors ResolutionDated 10 June 2010,[hereinafter called the "VE!'\1DEE" which expression, unless it berepugnant to the context or meaning thereof, shall mean and include its successors, legalrepresentatives, executors and assigns] of the OTHER PART.

(Hereinafter Vendor amnd Vendee are collectively referred to as "Parties" and individually as"Party" as the context demands)


(a) The Vendor is the absolute owner of a Plot of land bcaring Khasra No. 537/2/2, 536/2,535/1, 533/1/1/2, 517 measuring 3.884 Acres situated in the revenue estate of VillageChakkarpur, Sector-43, Tehsil & Distt. Gurgaon by way of revenue documentscomprising of Mutation Nos. 1395, 1393, 1401, 1393, 1394, 1397, 1396, 1400, 1399,1391, 1392, 1413,1403, 1402, 1405, 1404, 1406, 1467, 1408, 141I, 1409, 1410, 1414,1415, 1412, 1417, 1416, and Taksim Mutation No.!33 (hereinafter referred to as the"Commercial Plot"), more fu1ly and particularly descried in the FIRST SCHEDULE,hereinunder;

() The Vendor/Seller has obtained licenses Nos.31, 32, 33, and 34 of2004 and the same arelegally valid and subsisting (hereinafter referred to as the "Licenses"), from the DirectorTown and Country Planning, Chandigarh (hereinafter referred to as the "DTCP") fordevelopment ofa commercial colony on the said Commercial Plot.

(c) The Vendor has completed construction and development of the aforesaid CommercialComplex through Mis. D.D. Resorts Pvt. Ltd. and has agreed to name of the saidCommercial Colony to be developed on the aforesaid Commercial Plot as "GLOBALFOYER (Formerly known as CITYSCAPE, " ( hereinafter referred to as the"Commercial Complex/GLOBAL FOYER );.

(d) The Vendor/seller represents and warrants to the Vendee herein that the Vendor/Seller isentitled to deal with the Built-up area together with proportionate undivided, indivisible

1

Mfs D.D. Resorts Private Limited. a company incorporated and validly existing underprovisions of the Companies Act, 1956, having its Registered Office at 6, Jawahar Lal NehruRoad, 4" Floor Kolkata, West Bengal- 700013 and Corporate office at 11 Ring Road, LajpatNagar-IV, New Delhi -110024 through its authorized Signatory Mr.Kishore Kumar AgarwaiS/o Late Sh. Ramesh Chand Agarwal resident of B-108, 1Floor, New Friends Colony NewDelhi - 110065, vide Board of Directors Resolution Dated 02nd July 20 l 0, [Hereinafter referredto as the "VENDOR/SELLER" which expression, unless it be repugnant to the context ormeaning their of, shall mean and include its successors in business, Legal representatives,nominees and permitted as_signs] ofthe ONE PART;

\ I

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Book No.1

fcrs1;rrr

Reg. Year2010-2011

Reg. No.10303

LA,----Kishore Kumar Aggarwal. _

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±e ·AN»;,.. ag;:.::: 'EGr

±uudcm]iland c•Uniti

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feta 15/07/2010 ...

w:rrfuro w.:rr "1Tm % f.:n ~ ~ cnJ:Jict> lOJm 3lT"f fi:"'1f"'·· l5/07.'20l0<ITT' ::rf.t =f: Ir~ ~:~<a ,: 140 -q-i,: 4"11"Qd 19-,,:u Tf<TI ~TI ~ ~ m'n :l-lfctf"ffci cFot ~ I~ 1: 832 :f,

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AND WHEREAS, the Vendor has assured the Vendee that the said Unit is Saleable and hasagreed to sell and the Vendee has agreed to purchase the aforesaid Unit for a total considerationi Rs.7,54,23,384/ (Rupees Seven Crores Fifty Four Lacs Twenty Three Thousand ThreeHundred Eighty Four Only) free from all encumbrances, liens. lis pendens, charges, claims,demands, actions, attachments, trusts, prior agreements whatsoever or howsoever, on the termsand conditions hereinafter recorded and the Vendor had agreed to convey the title ofthe aforesaid!.1nit in favour of the Vendee on the terms and conditions given herein below:

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33

and impartible ownership rights and share in the land underneath in the said commercialPlot alongiwith the constructions thereupon and the right to use the common areas andfacilities therein.


AND WHEREAS, theVendor vide Buyer's Agreement. 'dated 10.07.2010 agreed totransfer, sell

1,, convey to the Vendee and the Vendee agreed to purchase Unit No. 01, on 7TH

Floor, having a super area of 6314.883 Sq. Ft. (587 Sq. Mtrs. Appx.) with proportionate,undivided, impartiable share and interest in the aforesaid Commercial Plot, on . which theaforesaid "GLOBAL FOYER) " is developed and constructed together with the right to use theopen area, common areas, and common amenities, and facilities i.e. staircases, lifts, entrances,and exits of the aforesaid Commercial Complex, water supply arrangement and installation i.e.power, light, sewerage, etc. and including all easement. rights attached therewith (hereinafterreferred to as the said "Unit) more fully and particularly described in the SECOND SCHEDULEhereunder written and the floor plan appended hereto as ANNEXURE-A, demarcating theaforesaid Unit'

NOW THEREFOR. THIS DEED CONVEYANCE WITNESSETH AS UNDER:T -::,. 9.75' ,. I.cli'

icITTl1 ·\am p

ts

That in consideration for a sum of Rs.7,54,23,384/ (Rupees Seven Crores Fifty FourLacs Twenty Three Thousand Three Hundred EighL}' Four Only), already paid bythe Vendee to the Vendor, the Vendor hereby seli, transfer and convey the aforesaid UnitNo. 01, on 7 Floor, having a super area of 6314.883 Sq. Ft. (587 Sq. Mtrs. Appx. ) inthe aforesaid "GLOBAL FOYER (Formerly known as CITYSCAPE) ", situated inVillage Chakkerpur, Sector-43, Golf Course Road, Gurgaon, Haryana -122 002along-with the proportionate, undivided, impartible share in the land and interest in andusage of the said common areas and common amenities and facilities to be provided inthe said "GLOBAL FOYER) "together with all sorts/ manner of rights, privileges,easements, advantages, appendages and appurtenances whatsoever to the said Unit, morefully and particularly described in the Second Schedule and· the Annexure-A, appendedhereto and to hold, possess and enjoy the said Unit, free from all encumbrances, charges,liens, lis pendens, attachments, trusts, prior agreements, whatsoever or howsoever.That Vendor hereby confirms and acknowledges the receipt of the total sale considerationin respect of the said Unit and that there is nothing due from the Vendee towards the saleconsideration in respect of the said Unit and the Vendor hereby acquit, release anddischarge the Vendee in respect ofthe sale consideration ofthe said Unit.That, with consent of the Vendee herein, the aforesaid Unit has been handed over by theVendor to the Vendee herein, absolutely and forever, and the Vendee acknowledges

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4

having taken over the possession of the same to its/his/her entire satisfaction complete inall respects without any defects or deficiency ofany kind.

That Vendor hereby assure, represent and covenant to the Vendee as hereunder:.



(ii) the right to sub-adjacent and lateral support and shelter and protectionfrom the foundations, columns, girders, beams, supports, main wall andfrom the sides and roofofthe aforesaid Unit;

(b). That notwithstanding anything contained herein or elsewhere, it has been clearlyunderstood and agreed to by and between the Parties that the maintenance ofcommon areas/ facilities, supervision and services to the "GLOBAL FOYER)"shall be undertaken and handled by a maintenance agency appointed/ nominatedby the Vendor from time to time (hereinafter referred to as the "MaintenanceAgency"). The Vendee hereby has consented and execute the maintenanceagreements. The proportionate monthly charges, by whatever name called, shallbe borne by the Vendee and the purchasers occupants of individual units of thearea, as may be fixed/ applicable from time to time. The Vendee shall be entitledto use all common passages and common facilities in connection with the use andoccupation of the aforesaid Unil subject lo the payment of such charges, whichmay be levied from time to time by the Maintenance Agency.

That the Vendee has specifically and unambiguously agreed that the sale shall be subjectto various restrictions, limitations, etc. The Parties herein [ave mutually agreed that:

(a) the entire plot of land on which the aforesaid "GLOBAL FOYER " isconstructed, the superstructure constructed thereon and infra-structural facilitiesprovided therein shall remain under the possession, control and management ofthe Vendor and/ or the Maintenance Agency (nominated or appointed by Vendor)and the owner/ occupants of the individual Units/ portions/ spaces shall be boundby the rules and regulations made by the Maintenance Agency for the betterenjoyment of the building known as "GLOBAL FOYER "and a separatemaintenance agreement, which shall be in the standard fonn as will be decidedby the Maintenance Agency, for the entire complex, and will be executedbetween the Vendee and the Vendor anJ/or the Maintenance Agency in thisregard. The said maintenance agreement shall, inter alia, exhaustively defines thescope of maintenance of various services and facilities and the charges payableby the Vendee in respect thereof;

5.

(b)

(c)

(d)

5

save and except the said Unit: the Vendee shall have no claim, right, title orinterest of any nature or kind over or in respect of all or any open spaces,common areas/ facilities/ equipment/ infra-structure, lobbies, staircases, lifts,terrace-roof(which shall remain the exclusive property ofVendor). However theVendee shall have right to enjoy mere the use ofthe open spaces, common areas/facilities/ equipment/ infra-structure, lobbies, staircases, lifts, without claimingany other right thereon;

the Vendor shall always have the right to make additions, raise. additional floorsor put upon additional structures, as may be permitted by the competentauthorities and such additional space/ areas/ structures/ floors shall be soleproperty ofVendor, who shall have unfettered rights inter-alia to dispose off thesame or any part thereof, without any interference on the part of the Vendee(individually) or collectively by one or more vendee(s)/ purchaser(s)/ occupant(s)ofthe other units in the aforesaid "GLOBAL FOYER

the Vendee shall use the said Unit for permitted/ lawful purposes only and not tocarry on or permit to be carried on the aforesaid Unit or in any part thereof anyactivities which shall be or are likely to be in contravention to the statutory byelaws, rules and regulations, or unlawful, obnoxious or ofnuisance, annoyance ordisturbance to other occupants of the building/ "GLOBAL FOYER (Formerlyknown as CITYSCAPE) " or store any goods ofhazardous or combustible natureor which· are heavy so as to -affect the constrnction or the structure of the saidbuilding/ "GLOBAL FOYER "or any part thereof or in any manner interfere forcommon use;

(e) at the time of renovating, refurnishing, decoration, installing any equipment,furniture, machinery, partition, false ceiling, etc.. as aiso for using aforesaid Unit,the Vendee (or their nominee/ tenants) shali absolutely regard the fire safetylaws, and all other rules and procedure in its letter and spirit. The Vendee (ortheir nominee/ tenants) shall be bound to take a prior permission from Vendor/Maintenance Agency, Fire Department and any other concerned authorities/department, before undertaking any such jot;

Vendor shall be entitled to connect the electric, vwater, sanitary, power backup, airconditioning and drainage fittings on the additional structure(s)/ storey(s) withthe existing electric, water, sanitary, generator based power back up, airconditioning and drainage sources. Further, the terrace of the building includingthe parapet walls, shall always be the property of the Vendor and the agreementswith the Vendee and/ or with the other vendees/ buyers/ purchasers of the Unitsin the said building shall be subject to the aforesaid rights of the Vendor, whoshall be entitled to construct and use the said ten-ace· and the parapet walls for allpurposes including, but not limited to, the display of advertisements and signboards or open air restaurant and the Vendor shall always have the right ofeasement to roof, parapet walls. Further, Vendor shall have the right to put upboards in common areas. The Vendee hereby gives consent to the above andagrees that the Vendee shall not be entitled to raise objection or make any claimor claims ofany reduction in the price of the said Unit agreed o be acquired bythe Vendee and/ or to any compensation or damages on the ground ofinconvenience or anv other ground whatsoever;

F; r MtI •

...;.

T. LTD.

(f)

For DD RESORTS\--A-

g)

(h)

(i)

6

Vendor and/ or Maintenance Agency shall have the right to insure and keepinsured the structure of the building against such risks as Vendor and/or theMaintenance Agency may deem necessary and the insurance premium shall bepayable separately by the Vendee in proportion to the area of the said Unitpurchased by him vis-a-vis premium payable by Vendor and/ or MaintenanceAgency for the building. The contents, fixtures and fittings installed in theaforesaid Unit shall, however, be got insured by the Vendee/ occupier at its owncost;

the Vendee or anyone claiming under or through Vendee shall not decorate theexterior ofthe aforesaid Unit otherwise than in the manner agreed to with Vendoror in the manner as similar as may be in which the same was previouslydecorated; close the verandahs or lounges or balconies or common passage orcommon corridors even if a particular floor(s) is occupied by the same party/Vendee, make any alterations in any elevation and outside color scheme of theexposed walls of the verandah lounge or any external walls or both the faces ofexternal doors and windows ofthe aforesaid Unit which in the opinion ofVendordiffer from the color scheme ofthe building;

the Vendee (or its nominee/ tenants) shall not display or be permitted to displayname and address ofthe occupant of the aforesaid Unit at any place(s), other thanas may be permitted by the Vendor and not to put up any name or sign board,publicity or advertisement material on the external facet of the building/"GLOBAL FOYER " or anywhere in the common areas without the priorapproval of the Vendor in writing. Ali advertising rights in the entire building/"GLOBAL FOYER " including the right to use of terrace and roofand/ or below/outside the boundary wall of the said building. its peripheries exclusively vestwith Vendor;

· t

the Vendee hereby covenants to keep and maintain the aforesaid Units, peripherywalls, partition walls and sewers. drains. pipes and appurtenances thereto orbelonging thereto in the same good tenantable repair, state, order and condition inwhich it has been delivered to the Vcndee and in particular, so as to support,shelter and protect all parts of the building other than the said Unit;

the Vendee shall not let, sub-let, underlet, assign, lease,transfer, part with or inany way encumber the said Unit till all dues, of any nature whatsoever, owing toVendor/ Maintenance Agency or payable hereunder are folly paid before any ofthe above right is exercised and the Vendee obtains a no-dues certificate fromVendor/ Maintenance Agency for this purpose, which no-due certificate shall notbe unreasonably withheld;

nothing contained in these presents shall, however, be construed to confer uponthe Vendee the rights, title or interest to grant, lease, demise or assign in the saidCommercial plot upon which the said "GLOBAL FOYER" is constructed or inthe rest of the building, except the aforesaid Unit and the proportionate,undivided, impartible rights relating thereto in the land underneath;

all the transferees of the Vendee's interest in the. said Unit including thesubsequent owners of the Unit, hereby being sold shall always be bound by the

0)

(k)

(I)

(m)

r,

terms and conditions of this CONVEYANCE DEED and shall adhere andconform to the provisions of the Maintenance Agreement executed by theVendee;

furthermore, if the Vendee defaults in making payment of the amount due andpayable as above for its proportionate share ofthe maintenance charges, its shareofproportionate charges for the sinking fund (if any) to provide for replacementsin the said building, then Vendor shall, after giving ten (I 0) working days notice,be entitled to lock-up/ stop/ disconnect/ discontinue any or all the facilities/services to the aforesaid Unit, till such time that all the above dues are paid infull. The Vendee has also agreed that in the event of the Vendee failing to payany dues to the Vendor or its nominated Maintenance Agency as may becomepayable by the Vendee to the Vendor at any time, the Vendor shall have the firstclaim and charge on the aforesaid Unit hereby sold.

This right of Vendor shall be apart from the right to recover the charges withminimum interest of 24% p.a. from the Vendee and/or from the occupier ofthesaid Unit from out ofthe rent payable to the Vendee through the process ofcourtor otherwise. Besides the Vendee undertakes to pay caution money/ securitydeposit for payment of common outgoing/ maintenance charges/ sinking fundcharges. Such deposit money will not bear any interest;

if there is any additional levy; rate or charge ofany kind attributable to the saidbuilding known as "GLOBAL FOYER "as a consequence of Government,Statutory or any other Local Authority(ies) orders, the same, if applicable, shallalso be paid by the Vendee on pro-rata basis;

at present the fire safety measures at the said building/ "GLOBAL FOYER "have been provided as per the existing fire safety code/ regulations. If, however,due to any subsequent legislation(s), Government Regulation, Order ordirective(s) or guidelines or if deemed necessary by Vendor , any further firesafety measures are to be undertaken due to additional requirement imposed bythe concerned authorities or for the better and/or more purposeful enjoyment ofthe said building, proportionate additional custjn respect thereof shall also bepayable on demand by the Vendee;

(n)

(o)

(p)

7 ?

(q) the said Unit is a part of and located in the building complex known as"GLOBAL FOYER ". It is in the interest of the Vendee, occupants, owners ofdifferent spaces in the building complex that the entry to the building complex beregulated and some safeguard be provided to prevent entry of unauthorizedpersons in the building complex, including the common areas and to give aneffective hand to Vendor or the Maintenance Agency appointed by Vendor todeal with such unlawful entrants/ loiters/ peddlers, etc., and also to enableVendor or the Maintenance Agency appointed by Vendor in particular and theVendee and/or occupants/ owners of the various spaces in general, to deal moreeffectively with the security ofthe "GLOBAL FOYER"and maintenance ofordertherein. For this purpose, the Vendee agrees that Vendor or the MaintenanceAgency appointed by Vendor shall be free to resist the entry at the outer gateitself. In case of insistence, the security staff will be at liberty to call upon theVendee/ occupants/ lawful owners to the gate and personally escort the person(s)from the gate to its office space/ premises/ said Unit and assume the

,./)1£(

.LTD.For DD RES RTS\xx-{

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(t)

8

responsibility of escorting them out as well. It is, however, clarified that duringoffice hours, this restriction will be exercised only sparingly but beyond officeworking hours it will be exercised generally. The provision of this clause, willnot cast any liability ofany kind upon Vendor or Maintenance Agency appointedby Vendor. The cost of providing security services shall, however, be part of themaintenance charges;


the proportionate amount of the external development charges (hereinafterreferred to as the "EDC") or the infrastructure development charges (hereinafterreferred to as the :IDC") levied by DTCP till the date of issue of license areincluded in the consideration for the Unit paid by the Vendee for the said Unit.Any increase in the EDC and /or IDC levied, by whatever name called or inwhatever form and with all such.conditions imposed by Haryana Governmentand/ or any competent authority(ies) shall be borne and paid by the Vendee inproportion to the super area ofthe aforesaid "GLOBALFOYER.

ifthere is any additional Tax, levy, rate or charge ofany kind attributable to thesaid "GLOBAL FOYER) " so developed on the aforesaid Commercial Plot asdetailed on the Scheduled · Land as a consequence of any order of theGovernment, Statutory or any other Local Authorities(ies), the same, ifapplicable, shall also be paid by the Vendee on pro-rata basis.

I

6. That subject to the Vendee observing and performing the tem1s and covenants containedherein, the Vendee shall have the absolute right to hold. use and enjoy the said Unithereby sold in any manner without interruption or hindrance whatsoever from theVendors or any person or persons claiming under, for or on its behalf.

; That the Vendee may assign, transfer, lease or part with the possession of the said Unithereby sold after getting NOC from the maintenance agency/Vendor failing which it shallbe the responsibility of the Vendee to continue to pay any charges pertaining to the saidUnit or whatsoever nature payable under this CONVEYANCE DEED. The Vendee shallalso not sub-divide the said Unit in parts without the prior consent ofthe Vendor.

That the per-sons inducted by the Vendee in premises whether on lease/Licence or underany other relationship shall be bound by the tcrn1s of this Conveyance Deed. Anycontractual obligation between Vendor and such Occupant shall not vary or dischargeobligations of the Vendor as set out in this Deed. Even if the entry or Occupation in theUnit of the Vendee by a person/firm/Company is hostile or unauthorized, the same wouldnot absolve the Vendee ofhis obligations as set in herein above.

That the Vendee can get the aforesaid Unit transferred and mutated in its own name asowner in the revenue records or of any other concerned authority on the basis of thisCONVEYANCE DEED. However, if the· Vcndee transfers this Conveyance Deedthereby transferring the rights in the aforesaid Unit, all subsequent transferee shall bebound by the tenns and conditions ofthis Conveyance Deed.

rt,-'..,

9

FIRST SCHEDULE

SECOND SCHEDULE

That Vendor shall indemnify and keep indemnified the Vendee from and against alldemands, claim, losses, expense that may be made against or be suffered by the Vendeearising on account of any defect in the title of the plot of land on which the aforesaid"GLOBAL FOYER "is constructed.


The Vendee has verified from the Vendor, concerned authorities and Vendor has allowedthe Vendee inspection of the plot of land as detailed in First Schedule, building and thebuilding plans, no-objection certificates from the Fire Department, Airport Authority ofIndia and the Occupancy Certificate, the CONVEYANCE DEED, CollaborationAgreement, and notwithstanding anything to the contrary stated and represented herein orelsewhere the Vendee is satisfied with regard to the right, title, competency and authorityofthe Vendor to enter into this Conveyance Deed/ transaction.

1 Name ofCompany Village Khasra No. Area Mutation Nos.! (Owners)i Mis D.D. Resorts Chakkarpur 537/2/2 Min, 3.884 1395, 1393, 1401, Sale· f>vt. Ltd. 536/2 Min, Acres I Deed Yasika No. 10731,: 535/1, ! dated 02.11.2001 andi 533/1/1/2 Mutation No. 1398, 1391,

i Min,517Min 1392, 1399, 1400, 1397,

! 1394 , 1414, 1415, 1417,I 1416, 1402, 1407, 1405,I

1403, Sale Deed YasikaNo. 6688, dated07.08.200 l, 1408, 1412,

I 1410,-1409, 141 I, 1413 andII Taksim Mutation No.1336

ALL THAT the freehold plot of land admeasuring 3.884 acres (15717.859 Square Meters) ofthe land, owned by MIs D.D. Resorts Pvt. Ltd., have all necessary legal and validly subsistinglicenses, approvals, consents and permissions for construction of the aforesaid "GLOBALFOYER (Formerly knon as CITYSCAPE) ". The details of the said commercial Plot for

.;;; development and construction of the Commercial Complex/ "GLOBAL FOYER "is as givenHereunder:

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xg33I74

II&:~3g~ Commercial Unit No. 01, on 07th Floor, having a super area of 6314.883 Sq. Ft. (587 Sq.~ Itttrs. Appx.) in the said multi storeyed office cum commercial complex known as "GLOBAL.£\ J!iJYER '' as described in the First Schedule hereinabove, situated on the "GLOBAL FOYERI :~'f!!!-ormer(v known as CITYSCAPE) ", Sector-43, Gurgaon, Haryana - 122 002, along-with£fig portionate, undivided, impartible share and interest in the free hold plot of land on which the

LOBAL FOYER " is constructed together with the common right to use the open area,il · . mon areas and common amenities and facilities to be provided in the said "GLOBALOER " and all manner of rights, privileges, easements, advantages and appurtenances

BE ••de ·2Al"';.i<:. 1,i -• :'i ..... ,:,; - -. '¢ <

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arI 10 70I whatsoever to the said Unit. The said Unit is indicated and bordered in red ink in the plan ofthe~ aforesaid Unit appended hereto as Annexure-A.This is a final document and supersedes all~ previous agreement.1£!fltI IN WITNESSES WHEREOF, the parties have executed these presents at the place, day, monthJi1.- ~nd yea'. as first abov:_'.vritten in the~r ence ofthe under noted.4 Rem Ne 49h-1-1 O ·-~ /"'

Ii For, M/s. D.D. Resort .11 :· ·•• ;l r::yj Pdvate Limi~ed ("VENDOR") ;,..\jiJlH. SINGH~ i"' .;1. LiD. Advocate, Gurgaonmi for DD ~.ESOR ~~I Vv~." Signatoryf (Authorised Signatory)

1£,- WITNESSES:-

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(VENDEE)

Authorised Signatory

For PACL INDIA LTD.

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ANJ\TE:>..'URE-A 91o.u;s·fi Efpotplan ofthe floor on ,vhich the aforesaid Unit is situated, along with demarcation of the said

I UNIT, "OR1S . i. LiO."' . ,for RE> .$ ~I 1\u\\1. Signator)'eaIt.mJ._iI±""'=""'¥~ii

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PACL \ND\A LTD,for ~

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~fQ;q1011 HARYANA~~

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CONVEYANCE DEED ///

Consideration : Rs.4,83,14,Jl/5/- .Stamp Duty : Rs. 33,82 fioo/-Bank Receipt No./Date

0

;<fS].V001:256180/12.07.2010Issue By : SBI Mhrauli Gurgaon Road,GurgaonProject : GIobli FoyerUnit No. : 02, 7FtoorArea : 358$ Sq. Ft.

.T. L10.

» 'd'.CONVEYANCE DEED is executed at Gurgaon on this _ls_oay ofJ. · 1:J·, 201_~~,

·. ',.,._.__ _.\..v--,-->-' •

·f P..uth. Signatory

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CONVEYANCE WITI-1 IN MC AREA¥'00ger##

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fr fsr er sgel rn{ 48,314,175.00r,f.,1RVF1 i:if'm 9'i1 oo 15,000.00~

g}l/g=iv4# iv/simat/arrp.p,n Tfl!TI

~ TcfiRIT ci m/.ef.fl:Rfr~ Thro-Vi pin Singh Bisht

r qijt fqau

'\,M-"Vv-.,-"----~sifr Ms/ D.I). Resorts Pvl. Ltd. thru Ki:ihore Kumar Aggarwal(OTIIER l

frail Adv. Gurgaon a ft/fist/aura Bhanu Pratap Saini g/gi/sir of/ft/satMm;g. DLF Cit,)• -1, gurgaon -~ cfill'l:r.?.:TT 1: 1 l ;7al/3Irr#al q a a ? aen c:-J me-n 1: 2 cf.r ~ ~ -g-1

Dratl.:u By: ifojb1r .Srngb ,Adv.

~-;jq; l 5i07/20 I 0

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07/2010

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BY

s·D.D. Resorts Private Limited. a company incorporated and validly existing undervisions of the Companies Act, 1956, having its Registered Office at 6, Jawahar Lal Nehru,4 Floor Kolkata, West Bengal- 700013 and Corporate office at 11 Ring Road, Lajpatr-IV, New Delhi -110024 through its authorized Signatory Mr.Kishore Kumar Agar.wal

·Late Sh. Ramesh Chand Agarwal resident of B-108, 1Floor, New Friends Colony Newthi ~ 110065, vide Board ofDirectors Resolution Dated 02"July 2010, [Hereinafter referredas the "VENDOR/SELLER" which expression, unless it be repugnant to the context oraning their of, shall mean and include its successors in business, Legal representatives,inees and permitted assigns] ofthe ONE PART;

IN FAVOUR OF

:iNf!S PACL INDIA LIMITED A COMPANY INCOROPRATED UNDER THEMPANIES ACT, 1956, HAVING ITS CORPORATE OFFICE AT 7TH FLOOR GOPALS BHAWAN, 28 BARAKHAMBAROAD, NEW DELID-110001 through its authorizedqatory Mr.Vipin Singh Bisht S/o Mr.Bag Singh Bisbt vide Board ofDirectors Resolution

j}~fe-d 10th June 201 O,[hereinafter called the "VENDEE" which expression, unless it be~ugnant to the context or meaning thereof. shall mean and include its successors, legalrepresentatives, executors and assigns] ofthe OTHER PART.

(Hereinafter Vendor and Vendee are collectively referred to as "Parties" and individually as"Party·· as the context demands}

. ;-_ LTD.

a) The Vendor is the absolute owner of a Plot of land bearing Khasra No. 537/2/2. 536/2.535/1, 533/1/1/2, 517 measuring 3.884 Acres situated in the revenue estate of VillageChakkarpur, Sector-43, Tehsil & Distt. Gurgaon by way of revenue documentscomprising of Mutation Nos. 1395, 1393, 1401, 1398, 1394, 1397, 1396, 1400, 1399,1391, 1392, 1413,1403, 1402, 1405, 1404, 1406, 1407, 1408, 1411, 1409, 1410, 1414,1415, 1412, 1417, 1416, and Taksim Mutation No.1336 (hereinafter referred to as the"Commercial Plot"), more fully and particularly described in the FIRST SCHEDULE.hereinunder;

(b0) The Vendor/Seller has obtained licenses Nos.31, 32, 33, and 34..Q-f2004 and the same arelegally valid and subsisting (hereinafter referred to as the "Licenses"), from the DirectorTown and Country Planning, Chandigarh (hereinafter referred to as the "DTCP") fordevelopment ofa commercial colony on the said Commercial Plot.

?~(c) The Vendor has completed construction and development of the aforesaid Commercial:. Complex through tvf/s. D.D. Resorts Pvt. Ltd. and has agreed to name of the said

Commercial Colony to be developed on the aforesaid Commercial Plot as "GLOBALFOYER (Formerly known as CITYSCAPE,) " ( hereinafter referred to as the"Commercial Complex/GLOBAL FOYER );.

d) The Vendor/seller represents and warrants to the Vendee herein that the Vendor/Seller is· entitled to deal with the Built-up area to I gether with proportionate undivided, indivisible

and impartible ownership rights and share, in the land underneath in the said commercial

~ ·wrrfREAS , the Vendor represents and warrants that:esortsP. ±a qa «

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Book No.Reg. Year2010-2011

!<;•lief> 15/07/2010

Reg. No.10306

~~ aa fa zrz gaa sni 10.306 ~~ i<!·lic6 15/07/2010 ~ qefJ -=r: l f.,,,,.~ -;:,:1;Ita -::i: 140 i:n i:f-;J~ fc!,,;rr 71,..rr Q¥..TI $Bcnl "C!:91 "\rfcl '.:!-=!Tffi"{cfo ~m I i"ll;'"G. -;:r: 832 cf

~ m 52 B 53 u quasi{ nit zua sit ufnra car srar a fa <a zara i:P-g_;-1:1 er;

nrazt zr Ira/fr zia t a f t

K1shorc Kumar Aggarwal

il;;,J /1 fThro-Vipin Singh Bisht._ --!L~lf=-1--1.-.¢"'---

rr-~;-,: i :- C L Arora__O~-. ··-1m 2 :- Bhanu Prnt.1p Sarni

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Plot alongiwith the constructions thereupon and the right to use the common areas andfacilities therein. ·

(e) The Vendor/Seller/ has procured all necessary consents, approvals, permissions etc. from·: all concerned authorities required for utilization of the said commercial plot for

commercial purpose.

·re WHEREAS, the Vendor vide Buyer's Agreement dated 10.07.2010 agreed to transfer, sell,vey to theVendee and the Vendee agreed to purchase Unit No. 02, on 7TH Floor, having ar rea of 3588 Sq. Ft (333 Sq. Mtrs. Appx.) together with exclusive usage rights ofce/balcony attach to the said unit for the owner of unit No. 2, with proportionate,

.ided, impartiable share and interest in the aforesaid Commercial Plot, on which thesaid "GLOBALFOYER) " is developed and constructed together with the right to use thearea, common areas, and common amenities, and facilities i.e. staircases, lifts, entrances,

-exits of the aforesaid Commercial Complex, water supply arrangement and installation i.e.~-= ·ier, light, sewerage, etc. and including all easement rights attached therewith (hereinafterreferred to as the said "Unit") more fully and particularly described in the SECOND SCHEDULE

·,,..~nereunder written and the floor plan appended hereto as ANNEXURE-A, demarcating the

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rA2th .+ 1:.

·.or OD R.ESOR TS

T:'<l' i11 consideration for a sum of Rs.4,83,14,175/ (Rupees Four Crores Eighty ThreeLaes Fourteen Thousand One Hundred Seventy Five Only), already paid by theVendee to the Vendor, the Vendor hereby sell, transfer and co~y the aforesaid UnitNo. 02, on 7 Floor, having a super area of 3588 Sq. Ft. (333 Sq. Mtrs. Appx.)together with exclusive usage rights of terrace/balcony for the owner of unit No.2, in the aforesaid "GLOBAL FOYER (Formerly known as CITYSCAPE) ", situatedin Village Cbakkerpur, Sector-43, Golf Course Road, Gurgaon, Haryana -122 002along-with the proportionate, undivided, impartible share in the land and interest in andusage of the said common areas and common amenities and facilities to be provided inthe said "GLOBAL FOYER) "together with all sorts/ manner of rights, privileges,

. easements, advantages, appendages and appurtenances whatsoever to the said Unit, more• · folly and particularly described in the Second Schedule and the Annexure-A, appended

hereto and to hold, possess and enjoy the said Unit, free from all encumbrances, charges,liens, lis pendens, attachments, trusts, prior agreements, whatsoever or howsoever.That Vendor hereby confirms and acknowledges the receipt ofthe total sale considerationin respect of the said Unit and that there is nothing due from the Yendee towards the sale

, consideration in respect of the said Unit and the Vendor hereby acquit, release and/-discharge the Vendee in respect ofthe sale consideration ofthe said Unit.' .. . .. -.1

~)' •·•a·,"$

I . . .. ;

.........~~t) \\tl-fEREAS, the Vendor has assured the Vendee that the said Unit is Saleable and has< recd c sei! and the Vendee has agreed to purchase the aforesaid Unit for a total considerations r s.4,83,14,175/ (Rupees Four Crores Eighty Three Lacs Fourteen Thousand One6 Hnndrt'ri "(•,enty Five Only) free from all encumbrances, liens, lis pendens, charges, claims,!Iff 1en,m11h Hct ions, attachments, trusts, prior agreements whatsoever or howsoever, on the termsf and c.onditions hereinafter recorded and the Vendor had agreed to convey the title of the aforesaidE. Zt in favour ofthe Vendee on the terms and conditions given herein below:

re 7. 9/e-~~.mt nmn.EFOR. THIS DEED CONVEYANCE WITNESSETH AS UNDER:

:1-1t ¢ ia

That the Vendee , subject to the provisions of the maintenance agreement, shallbe entitled to the following rights in common with the other occupant/ owners ofthe other Units in the aforesaid "GLOBAL FOYER", which shall be subject torules and regulations made by the Vendor and/or the maintenance agencyappointed by the Vendor :



the entire plot of land on which the aforesaid "GLOBAL FOYER " isconstructed, the superstructure constructed thereon and infra-structural facilitiesprovided therein shall remain under the possession, control and management ofthe Vendor and/ or the Maintenance Agency (nominated or appointed byVendor)and the owner/ occupants of the individual Units/ portions/ spaces shall be boundby the rules and regulations made by the Maintenance Agency for the betterenjoyment of the building known as "GLOBAL FOYER "and a separatemaintenance agreement, which shall be in the standard form as will be decidedby the Maintenance Agency, for the entire complex, and will be executedbetween the Vendee and the Vendor and/or the Maintenance Agency in thisregard. The said maintenance agreement shall, inter alia, exhaustively defines thescope of maintenance of various services and facilities and the charges payableby the Vendce in respect thereof;

(a)

(b). That notwithstanding anything contained herein or elsewhere, it has been clearlyunderstood and agreed to by and between the Parties that the maintenance ofcommon areas/ facilities, supervision and services to the "GLOBAL FOYER)"shall be undertaken and handled by a maintenance agency appointed/ nominatedby the Vendor from time to time (hereinafter referred to as the "MaintenanceAgency"). The Vendee hereby has consented and execute the maintenanceagreements. The proportionate monthly charges, by whatever name called, shallbe borne by the Vendee and the purchasers/ occupants of individual units of thearea, as may be fixed/ applicable from time to time. The Vendee shall be entitledto use all common passages and common facilities in connection with the use andoccupation of the aforesaid Unit subject to the payment of such charges, whichmay be levied from time to time by the Maintenance Agency.

liat the Vendee has specifically and unambiguously agreed that the sale shall be subjectto various restrictions, limitations, etc. The Parties herein have mutually agreed that:

4

(a}

That, with consent of the Vendee herein, the aforesaid Unit has been handed over by theVendor to the Vendee herein, absolutely and forever, and the Vendee acknowledgeshaving taken over the possession of the same to its/his/her entire satisfaction complete inall respects without any defects or deficiency ofany kind.


B

(

5

save and except the said Unit, the Vendee shall have no claim, right, title orinterest of any nature or kind over or in respect of all or any open spaces,common areas/ facilities/ equipment/ infra-structure, lobbies, staircases, lifts,terrace-roof (which shall remain the exclusive property ofVendor). However theVendee shall have right to enjoy mere the use ofthe open spaces, common areas/facilities/ equipment/ infra-structure, lobbies, staircases, lifts, without claimingany other right thereon;

The Builder/Developers hereby declares that the owner of Unit No.02 canexclusively use the terrace/balcony attached with Unit No.02 with the exclusionofall other OWNERS/OCCUPANTS ofthe various units ofthe building

the Vendor shall always have the right to make additions, raise additional floorsor put upon additional structures, as may be permitted by the competentauthorities and such additional space/ areas/ structures/ floors shall be soleproperty ofVendor, who shall have unfettered rights inter-alia to dispose off thesame or any part thereof, without any interference on the part of the Vendee(individually) or collectively by one or more vendee(s)/ purchaser(s)/ occupant(s)ofthe other units in the aforesaid "GLOBAL FOYER ".

the Vendee shall use the said Unit for permitted/ lawful purposes only and not tocarry on or permit to be carried on the aforesaid Unit or in any part thereof anyactivities which shall be or are likely to be in contravention to the statutory byelaws, rules and regulations, or unlawful, obnoxious or of nuisance, annoyance ordisturbance to other occupants of the building/ "GLOBAL FOYER (Fonnerlyknown as CITYSCAPE) " or store any goods of hazardous or combustible natureor which are heavy so as to affect the construction or the structure of the saidbuilding] "GLOBAL FOYER "or any part thereof or in any manner interfere forcommon use;

at the time of renovating, refurnishing, decoration, installing any equipment,furniture, machinery, partition, false ceiling, etc., as also for using aforesaid Unit,the Vendee (or their nominee/ tenants) shall absolutely regard the fire safetylaws, and all other rules and procedure in its letter and spirit. The Vendee (ortheir nominee/ tenants) shall be bound to take a prior permission from Vendor/Maintenance Agency, Fire Department and any other concerned authorities/department, before undertaking any such job;

(g) Vendor shall be entitled to connect the electric, water, sanitary, power backup, airconditioning and drainage fittings on the additional structure(s)/ storey(s) withthe existing electric, water, sanitary, generator based power back up, airconditioning and drainage sources. Further, the terrace of the building includingthe parapet walls, shall always be the property· of the Vendor and the agreementswith the Vendee and/ or with the other vendees/ buyers/ purchasers of the Unitsin the said building shall be subject to the aforesaid rights of the Vendor, whoshall be entitled to construct and use the said terrace and the parapet walls for allpurposes including, but not limited to, the display of advertisements and signboards or open air restaurant and the Vendor shall always have the right ofeasement to roof, parapet walls. Further, Vendor shall have the right to put upboards in common areas. The Vendee hereby gives consent to the above and

Ei±z--+--.$jssaw_.g•~£":~:

II£

~

I

the Vendee or anyone claiming under or through Vendee shall not decorate theexterior ofthe aforesaid Unit otherwise than in the manner agreed to with Vendoror in the manner as similar as may be in which the same was previouslydecorated; close the verandahs or lounges or balconies or common passage orcommon corridors even if a particular floor(s) is occupied by the same party/Vendee, make any alterations in any elevation and outside color scheme of theexposed walls of the verandah lounge or any external walls or both the faces ofexternal doors and windows of the aforesaid Unit which in the opinion ofVendordiffer from the color scheme ofthe building;

agrees that the Vendee shall not be entitled to raise objection or make any claimor claims of any reduction in the price of the said Unit agreed to be acquired bythe Vendee and/ or to any compensation or damages on the ground ofinconvenience or any other ground whatsoever;

Vendor and/ or Maintenance Agency shall have the right to insure and keepinsured the structure of the building against such risks as Vendor and/or theMaintenance Agency may deem necessary and the insurance premium shall bepayable separately by the Vendee in proportion to the area of the said Unitpurchased by him vis-a-vis premium payable by Vendor and/ or MaintenanceAgency for the building. The contents, fixtures and fittings installed in theaforesaid Unit shall, however, be got insured by the Vendee/ occupier at its owncost;

6

the Vendee (or its nominee/ tenants) shall not display or be permitted to displayname and address ofthe occupant of the aforesaid Unit at any place(s), other thanas may be permitted by the Vendor and not to put up any name or sign board,publicity or advertisement material on the external facet of the building/"GLOBAL FOYER " or anywhere in the common areas without the priorapproval of the Vendor in writing. All advertising rights in the entire building/"GLOBAL FOYER" including the right to use of terrace and roofand/ or below/outside the boundary wall of the said building, its peripheries exclusively vestwith Vendor;

the Vendee hereby covenants to keep and maintain the aforesaid Units, peripherywalls, partition walls and sewers, drains, pipes and appurtenances thereto orbelonging thereto in the same good tenantable repair, state, order and condition inwhich it has been delivered to the Vendee and in particular, so as to support,shelter and protect all parts ofthe building other than the said Unit;

the Vendee shall not let, sub-let, underlet, assign, lease, transfer, part with or inany way encumber the said Unit till all dues, of any nature whatsoever, owing toVendor/ Maintenance Agency or payable hereunder are fully paid before any ofthe above right is exercised and the Vendee obtains a no-dues certificate fromVendor/ Maintenance Agency for this purpose, which no-due certificate shall notbe unreasonably withheld;

(t)

(i)

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m) nothing contained in these presents shall, however, be construed to confer uponthe Vendee the rights, title or interest to grant, lease, demise or assign in the saidCommercial plot upon which the said "GLOBAL FOYER" is constructed or in

& DD RESTS LTD.\Jo_-

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the rest of the building, except the aforesaid Unit and the proportionate,undivided, impartible rights relating thereto in the laud underneath;

all' the transferees of the Vendee's interest in the said Unit including thesubsequent owners of the Unit, hereby being sold shall always be bound by theterms and conditions of this CONVEYANCE DEED and shall adhere andconform to the provisions of the Maintenance Agreement executed by theVendee;

if there is any additional levy, rate or charge of any kind attributable to the saidbuilding known as "GLOBAL FOYER "as a consequence of Government,Statutory or any other Local Authority(ies) orders, the same, if applicable, shallalso be paid by the Vendee on pro-rata basis;

at present the fire safety measures at the said building/ "GLOBAL FOYER "have been provided as per the existing fire safety code/ regulations. If, however,due to any subsequent legislation(s), Government Regulation, Order ordirective(s) or guidelines or if deemed necessary by Vendor , any further firesafety measures are to be undertaken due to additional requirement imposed bythe concerned authorities or for the_ better and/or more purposeful enjoyment ofthe said building, proportionate additional cost in respect thereof shall also bepayable on demand by the Vendee;

the said Unit is a part of and located in the building complex known as"GLOBAL FOYER ". It is in the interest of the Vendee, occupants, owners ofdifferent spaces in the building complex that the entry to the building complex beregulated and some safeguard be provided to prevent entry of unauthorizedpersons in the building complex, including the common areas and to give aneffective hand to Vendor or the Maintenance Agency appointed by Vendor todeal with such unlawful entrants/ loiters/ peddlers, etc., and also to enableVendor or the Maintenance Agency appointed by Vendor in particular and theVendee and/or occupants/ owners of the various spaces in general, to deal moreeffectively with the security of the "GLOBAL FOYER"and maintenance oforder

.2al

DD RESORTS, TLID.~\,\,v\.'-'-...;..,\.:,.,,.......,..

I

(o) furthermore, if the Vendee defaults in making payment of the amount due andpayable as above for its proportionate share ofthe maintenance charges, its shareofproportionate charges for the sinking fund (ifany) to provide for replacementsin the said building, then Vendor shall, after giving ten ( 10) working days notice,be entitled to lock-up/ stop/ disconnect/ discontinue any or all the facilities/services to the aforesaid Unit, till such time that all the above dues are paid infull. The Vendee has also agreed that in the event of the Vendee failing to payany dues to the Vendor or its nominated Maintenance Agency as may become

· payable by the Vendee to the Vendor at any time, the Vendor shall have the firstclaim and charge on the aforesaid Unit hereby sold.

This right of Vendor shall be apart from the right to recover the charges withminimum interest of 24% p.a. from the Vendee and/or from the occupier of thesaid Unit from out of the rent payable to the Vendee through the process ofcourtor otherwise. Besides the Vendee undertakes to pay caution money/ securitydeposit for payment of common outgoing/ maintenance charges/ sinking fundcharges. Such deposit money will not bear any interest;

(n)

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the proportionate amount of the extenial development charges (hereinafterreferred to as the "EDC") or the infrastructure development charges (hereinafterreferred to as the :1DC) levied by DTCP till the date of issue of license areincluded in the consideration for the Unit paid by the Vendee for the said Unit.Any increase in the EDC and /or !DC levied, by whatever name called or inwhatever form and with all such conditions imposed by Haryana Governmentand/ or any competent authority(ies) shall be borne and paid by the Vendee inproportion to the super area ofthe aforesaid "GLOBAL FOYER".

if there is any additional Tax, levy, rate or charge ofany kind attributable to thesaid "GLOBAL FOYER) " so developed on the aforesaid Commercial Plot asdetailed on the Scheduled Land as a consequence ofany order ofthe Government,Statutory or any other Local Authorities(ies), the same, ifapplicable, shall also be

paid by the Vendee on pro-rata basis.

@).

D ES0T'. \..-

That subject to the Vendee observing and performing the terms and covenants containedherein, the Vendee shall have the absolute right to hold, use and enjoy the said Unith~rcby sold in any manner without interruption or hindrance whatsoever from theVendors or any person or persons claiming under, for or on its behalf.

8

therein. For this purpose, the Vendee agrees that Vendor or the MaintenanceAgency appointed by Vendor shall be free to resist the entry at the outer gateitself. In case of insistence, the security staff will be at liberty to call upon theVendee/ occupants/ lawful owners to the gate and personally escort the person(s)from the gate to its office space/ premises/ said Unit and assume theresponsibility of escorting them out as well. It is, however, clarified that duringoffice hours, this restriction will be exercised only sparingly but beyond officeworking hours it will be exercised generally. The provision of this clause, willnot cast any liability ofany kind upon Vendor or Maintenance Agency appointedby Vendor. The cost ofproviding security services shall, however, be part of themaintenance charges;

(s) it is expressly understood that the internal security of the said Unit and the men/materials kept therein and their safety shall be the sole responsibility of theVendee and Vendor shall in no way be concerned or liable for the same.

@)

• That the persons inducted by the Vendee in premises whether on lease/Licence or under;, any other relationship shall be bound by the terms of this Conveyance Deed. Any."contractual obligation between Vendor and such Occupant shall not vary or discharge

ligations of the Vendor as set out in this Deed. Even if the entry or Occupation in thenit of the Vendee by a person/firm/Company is hostile or unauthorized, the same would

,JJt absolve the Vendee ofhis obligations as set in herein above.

That the Vendee may assign, transfer, lease or part with the possession of the said Unithereby sold after getting NOC from the maintenance agency/Vendor failing which it shall

: .·: be the responsibility of the Vendee to continue to pay any charges pertaining to the said-tUnit or whatsoever nature payable under this CONVEYANCE DEED. The Vendee shall

also not sub-divide the said Un it in parts without the prior consent of the Vendor .

arm==

FIRST SCHEDULE

That the Vendee can get the aforesaid Unit transferred and mutated in its own name asowner in the revenue records or of any other concerned authority on the basis of thisCONVEYANCE DEED. However, if the Vendee transfers this Conveyance Deedthereby transferring the rights in the aforesaid Unit, all subsequent transferee shall bebound by the terms and conditions ofthis Conveyance Deed.

That Vendor shall indemnify and keep indemnified the Vendee from and against alldemands, claim, losses, expense that may be made against or be suffered by the Vendeearising on account of any defect in the title of the plot of land on which the aforesaid'"GLOBAL FOYER "is constructed.

That the stamp duty, registration fee, and any other expenses for registration of this. Conveyance Deed is borne by the Vendee.

The Vendee has verified from the Vendor, concerned authorities and Vendor has allowedthe Vendee inspection of the plot of land as detailed in First Schedule, building and thebuilding plans, no-objection certificates from the Fire Department, Airport Authority ofIndia and the Occupancy Certificate, the CONVEYANCE DEED, CollaborationAgreement, and notwithstanding anything to the contrary stated and represented herein orelsewhere the Vendee is satisfied with regard to the right, title, competency and authorityof the Vendor to enter into this Conveyance Deed/ transaction.

899

SECOND SCHEDULE

Mutation Nos.AreaKhasra No.

.LTD.

Village

.s&ks..7 AU. THl\T the freehold plot of land admeasuring 3.884 acres (15717.859 Square Meters) of-.; 1.h'° umd. t•wncc.l o

1y NIJs D.D. Resorts Pvt. Ltd., fihave_all necessa1)'flegal and validly subsisting

::= iiC€'HSt'S, approva s, consents and permissions or construction o the aforesaid "GLOBAL;;;!. FOfER (For111er{J1 known as CITYSCAPE) ". The details of the said commercial Plot for

·!e'. .:t. ·r:r:::::1! and construction of the Commercial Complex/ "GLOBAL FOYER "is as givenfiereunder:atz± }isme of Company

- {)suers)

i."ca'ca.ct#are'3innMir'5.seasosoa,iaoi.se'~ · i"'.!½1·. Ltd. 536/2 Min, Acres·· Deed Yasika No. 10731,535/1, dated 02.11.2001 and

533/1/1/2 Mutation No. 1398, 1391,Min, 517Min 1392,1399, 1400, 1397,

1394 , 1414, 1415, 1417,1416, 1402, 1407, 1405,1403, Sale Deed YasikaNo. 6688, dated07.08.2001, 1408, 1412,1410, 1409, 1411, 1413 andTaksim Mutation No. 1336

(VENDEE):

10

ercial Unit No. 02, on 07th Floor, having a super area of 3588 Sq. Ft. (333 Sq.pp:x.) together with exclusive usage rights of terrace/balcony for the owner ofo. 2, in the said multi storeyed office cum commercial complex known as "GLOBALR" as described in the First Schedule hereinabove, situated on the "GLOBAL FOYERerly known as CITYSCAPE) ", Sector-43, Gurgaon, Haryana - 122 002, along-withionate, undivided, impartible share and interest in the free hold plot of land on which theL FOYER ,, is constructed together with the common right to use the open area,areas and common amenities and facilities to be provided in the said "GLOBAL

R " and all manner of rights, privileges, easements, advantages and appurtenancesever to the said Unit. The said Unit is indicated and bordered in red ink in the plan of the

aid Unit appended hereto as Annexure-A.This is a final document and supersedes allus agreement.

. .fti !Amhorised Signatory)..

ITNESSES WHEREOF, the parties have executed these presents at the place, day , monthear as first above written in~he ~ esence ofthe under noted.Me[rs·7-to

5gEE" Dafcd«-+ · T Lt2 »

fr"F~t,M/s. D.D. Resort RAIB1R SINGHfk1<rivate Limited ("VENDOR") Advocate, Gurga.on...,,..

..

»i

h g ta Hapct Wk, -7

Now-r:

CL \ND\A LI t..for PA.,._,/h./f•Authorise -

,f.[iO.EsORTSre.g?.. ~igna.torY

AUti1- ..,

ANNEXURE-A

11

·r00.r plan ofthe floor on which the aforesaid Unit is situated, along with demarcation ofthe saidz-

.;

.II

V

2-5 617 3Sl.No.

J<·,-,,,i.,i:-·-, • I,_.·

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accounr towards Sti.1Jij"J;.1){tty. .7-• - - . _ s • • ; - .

so, dlo, w/8r--¥

residin° al":J .

I03%CONVEYANCE DEED .

iConsideration : Rs.6,36,60,188/Stamp Duty : Rs. 44,56,250/- ·Bank Receipt No./Date :GSR/001:256173/12.07.2010Issue By : SBI M1:hrauli Gurgaon Road,GurgaonProject : Global FoyerlT • N 04 71h F"I ·lnlt l 'o. ! ·, Oil 001

Arca : 5330 Sq. Ft. .h r .THIS CONVEYANCE DEED is execnte-0 at Gurgaon on thi.s _\:;,_Dav of).~ 2010

I • • .,► I. •

• iLU.

10316

Drafted By: Rajbir Sm,,h, •\lh.

fc;;jj'qi 15/07i2010

"iTi "Bcim f4aw- ----· -·-·

sis cfiT -;,,., CONVEYANCE WITH IN MC AREA~/flcl--o,n-17 <:1 TJmr<ITnia/vg gssr is itsz

er,{ deft f4au

-nm f-;m -en: Rf1J:I :s'{ir wm 63,660, 188.00sr 'RT1=Cf s¥t cn'T -um 4.45(>.250.00ffl

favr #ta c1ft Tm 15,000.00 'Cl9~ irft:irr gem 2.oom=7a

<TT} "9t=rui '}fr:Ti fc-1,ci-: ]5/07/20]0 ITT 'Jr--ql{ t=fi:m

"tpf/tj?TT/qRf i;n/~/efi1:!ro f.=rcrR:fr 11 Ring Road, Lajpat Nagar-1\', New D.:Ihi-I 10024 ~1 4-iili-hnir ~--.;J ...... • ...,. -

~~ TJ7.ITI

- - - (0 /~3""9' /~cf 9->il-H~-rn

[enial\,h../\,v. ,.,..;._.,._,;_,w Msi D.I). resorts P Ltd. thru_ Kishore Kumar Aggarwal(OTHFR)

tra faia a sil/?TTi:fiil/911-llft Thro-Vipin Kumar Bisht

ITTlm A<lv (1u1g.Hm '1 m/WTITT~ Bhalll! Prntap ~/gm/q"A] m1~19:;41fl (i.ll l!"I Shank:u f.:mm'I 2 Bndhi M,irr

, DI,.F-1, Gurgaon ~ cfi7I ..Wlffl "-l: 1 o!iT ·f.l'.I ·:-r-:;;p:~Tihrf~ cf. F-li 11 m;m i nifl % 'BT?..fi "-l: 2 '$I ~ cl,Ti:il f. i

~ l:')/07'2010

,: ...,,,,ut Dc11,1r(111t.ui i\a1_\;t1 .1-----·•-··-•--- ... ll \HJ<-; -1 \"

832

BY

D.D. Resorts Private Limited. a company incorporated and validly existing underprovisions of the Companies Act, 1956, having its Registered Office at 6, Jawahar Lal NehruRoad, 4" Floor Kolkata , West Bengal- 700013 and Corporate office at I I Ring Road, LajpatNagar-IV, New Delhi -110024 through its authorized Signatory Mr.Kishore Kumar AgarwalS/o Late Sh. Ramesh Chand Agarwal resident of B-108, 1" Floor, New Friends Colony NerDelhi - 110065, vide Board of Directors Resolution Dated 02" July 2010, [Hereinafter referredto as the "VENDOR/SELLER" which expression, unless it be repugnant to the context ormeaning their. of, shall mean and include its successors in business, Legal representatives,nominees and permitted assigns] ofthe ONE PART:

IN FAVOUR OF

MIS PACL INDIA LIMITED A COMPANY INCOROPRATED UNDER THECOMPANillS ACT, 1956, HAVING ITS CORPORATE OFFICE AT 7m FLOOR GOPALDAS BHAWAN, 28 BARAKHAMBA ROAD, NEW DELHI-110001 through its authorizedsignatory Ir.Vipin Singh Bisht S/o Mr.Bag Singh Bisht vide Board of Directors ResolutionDated 10" June 2010,[hereinafter called the "VENDEE" which expression, unless it berepugnant to the context or meaning thereof, shall mean and include its successors, legalrepresentatives, executors and assigns] of the OTHER PART.

(Hereinafter Vendor and Vendee are collectively referred Jo as "Parties" and individually as"Party" as the context demands)


(a) The Vendor is the absolute owner of a Plot of land bearing Khasra No. 537/2/2, 536/2,535/1, 533/1/1/2, 517 measuring 3.884 Acres situated in the revenue estate of VillageChakkarpur, Sector-43, Tehsil & Distt. Gurgaon by way of revenue documentscomprising of Mutation Nos. 1395, 1393, 1401, 1398, 1394, 1397, 1396, 1400, 1399,1391, 1392, 1413,1403, 1402, 1405, 1404, 1406, 1407, 1408, 1411, 1409, 1410, 1414,1415, 1412, 1417, 1416, and Taksim Mutation No.1336 (hereinafter-referred to as the"Commercial Plot"), more fully and particularly described in the FIRST SCHEDULE,hereinunder; ..

(b) The Vendor/Seller has obtained licenses Nos.31, 32, 33, and 34 of2004 and the same arelegally valid and subsisting (hereinafter referred to as the "Licenses"), from the DirectorTown and Country Planning, Chandigarh (hereinafter referred to as the "DTCP) fordevelopment ofa commercial colony on the said Commercial Plot.

(c) The Vendor has completed construction and development of the aforesaid CommercialComplex through MIs. D.D. Resorts Pvt. Ltd. and has agreed to name of the saidCommercial Colony to be developed on the aforesaid Commercial Plot as "GLOBALFOYER (Formerly known as CITYSCAPE) " ( hereinafter referred to as the"Commercial Complex/GLOBAL FOYER );

(d) The Vendor/seller represents and warrants to the Vendee herein that the Vendor/Seller isentitled to deal with the Built-up area together with proportionate undivided, indivisibleand impartible ownership rights and share mn the land underneath in the said commercial

.\

9.oBook No.

'!. ,$'.,

Reg. Year2010-201 I

Reg. No.10316

frat

Kishore Kw11ar A!!"ilrwal \,L'vv-v-A_._,__:..,o - ----····· ·-··-··· ·- - -

':-:.u.V;pio Ko=,Hcsht_. .()!J___ .nJaT I :- CL Arora_~. rfi:ITT'. 2 :- Bhanu Prntap

~-tBf

,WlTi:!T

a»faa fsen ·n zn <qui us If 2if@fa ain ]fez a. 832 cf;if 53 <R f;:r:r~ Tp;fr, <l'"~ sit gTfra fzn sat z fa z aa si«1,acnai £arr/fm siren ii a faa a 1

f<•Jier, 15/07/2010

~· ~ "'llt11 %- fci> % ~~ 10,316 ~~ R➔r<:n 15/0712010 cfi1 ~ -.,: 1 ~ 1: 9.753 cf:;

~~ 1: 140'J-B' .'B'&IT 52TfcTM srga

l'\l'lllll lkparl11h·11! llarn111;1 +iRIs I ,,, ., f's[.

3



AND WHEREAS, the Vendor vide Buyer's Agreement dated 10.07.2010 agreed to transfer, sell,convey to the Vendee and the Vendee agreed to purchase Unit No. 04, on 7TH Floor, having asuper area of 5330 Sq. Ft. (495 Sq. Mtrs. Appx. ) with proportionate, undivided, impartiableshare and interest in the aforesaid Commercial Plot, on which the aforesaid "GLOBAL FOYER)" is developed and constructed together with the right to use the open area, common areas, andcommon amenities, and facilities i.e. staircases, lifts, entrances, and exits of the aforesaidCommercial Complex, water supply arrangement and installation i.e. power, light, sewerage, etc.and including all easement rights attached therewith (hereinafter referred to as the said "Uni")more fully and particularly described in the SECOND SCHEDULE hereunder written and thefloor plan appended hereto as ANNEXURE-A, demarcating the aforesaid Unit'

AND WHEREAS, the Vendor has assured the Vendee that the said Unit is Saleable and hasagreed to sell and the Vendee has agreed to purchase the aforesaid Unit for a total considerationofRs.6,36,60,188/ (Rupees Six Crores Thirty Six Lacs Sixty Thousand One Hundred EightyEight Only) free from all encumbrances, liens, lis pendens, charges, claims, demands, actions,attachments, trusts, prior agreements whatsoever or howsoever, on the terms and conditionshereinafter recorded and the Vendor had agreed to convey the title ofthe aforesaid Unit in favourof the Vendee on the terms and conditions given herein below:

NOW THEREFOR, THIS DEED CONVEYANCEWITNESSETH AS UNDER:

1. That in consideration for a sum ofRs. 6,36,60,188/ (Rupees Six Crores Thirty Six LacsSixty Thousand One Hundred Eighty Eight Only), already paid by the Vendee to theVendor, the Vendor hereby sell, transfer and convey the aforesaid Unit No. 04, on 7th

Floor, having a super area of 5330 Sq. Ft. (495 Sq. Mrs. ApDx. ) in the aforesaidGLOBAL FOYER (Formerly known as CITYSCAPE) ", situated in VillageChakkerpr, Sector-43, Golf Course Road, Gurgaon, Haryaa -122 002 along-withthe proportionate, undivided, impartible share in the land and interest in and usage of thesaid common areas and common amenities and facilities to be provided in the said'.'GLOBAL FOYER) "together with all sorts/ manner of rights, privileges, easements,advantages, appendages and appurtenances whatsoever to the said Unit, more fully andparticularly described in the Second Schedule and the Annexure-A, appended hereto andto hold, possess and enjoy the said Unit. free from all encumbrances, charges, liens. Iispendens, attachments, trusts, prior agreements. whatsoever 'or howsoever.

2. That Vendor hereby confirms and acknowledges the receipt ofthe total sale considerationin respect of the said Unit and that there is nothing due from the Vendee towards the saleconsideration in respect of the said Unit and the Vendor hereby acquit, release anddischarge the Vendee in respect of the sale consideration of the said Unit.

3. That, with consent of the Vendee herein, the aforesaid Unit has been 'handed over by theVendor to the Vendee herein, absolutely and forever, and the Vendee acknowledgeshaving taken over the possession of the same to its'his/her entire satisfaction complete inall respects without any defects or deficiency o' any kind.

4


(a) That the Vendee , subject to the provisions of the maintenance agreement, shallbe entitled to the following rights in common with the other occupant/ owners ofthe other Units in the aforesaid "GLOBAL FOYER, which shall be subject torules and regulations made by the Vendor and/or the maintenance agencyappointed by the Vendor:

(i) common right and liberty for the Vcndee and all persons authorized orpermitted by him, for all lawful purposes to use the corridors, lobbies,staircases, fire escapes and entrances and exits for ingress to and egressfrom the said Unit;

(ii) ·the right to sub-adjacent and lateral support and shelter and protectionfrom the foundations. columns, girders, beams, supports, main wall andfrom the sides and roofof the aforesaid Unit;

(b). That notwithstanding anything contained herein or elsewhere, it has been clearlyunderstood and agreed to by and between the Parties that the maintenance ofcommon areas/ facilities, supervision and services to the "GLOBAL· FOYER)"shall be undertaken and handled by a maintenance agency appointed/ nominatedby the Vendor from time to time (hereinafter referred to as the "MaintenanceAgency"). The Vendee hereby has consented and execute the maintenanceagreements. The, proportionate monthly charges, by whatever name called, shallbe borne by the Vendee and the purchasers/ occupants of individual units of thearea, as may be fixed/ applicable from time to time. The Vendee shall be entitledto use all common passages and common facilities in connection with the use andoccupation of the aforesaid Unit subject to the payment. of such charges, whichmay be levied from time to time by the Maintenance Agency.


(a) the entire ploi of land on which, the aforesaid "GLOBAL FOYER " isconstructed, the superstructure constructed thereon and infra-structural facilitiesprovided therein shall remain under the possession, control and management ofthe Vendor and/ or the Maintenance Agency (nominated or appointed by Vendor)and the owner/ occupants of the individual Units/ portions/ spaces shall be bound ·by the rules and regulations made by the Maintenance Agency for the betterenjoyment of the building known as "GLOBAL FOYER "and a separatemaintenance agreement, which shall be in the standard form as will be decidedby the Maintenance Agency, for the entire complex, and will be executedbetween the Vendee and the Vendor .and/or the Maintenance Agency in thisregard. The said maintenance agreement shall, inter alia, exhaustively defines thescope of maintenance of various services and facilities and the charges payableby the Vendee in respect thereof;

(b) save and except the said Unit. the Vendee shall have no claim, right, title orinterest of any nature or kind over or in respect of all or any open spaces,common areas' facilities! equipment infra-structure, lobbies, staircases, lifts,

935

terrace-roof (which shall remain the exclusive property ofVendor). However theVendee shall have right to enjoy mere the use of the open spaces, common areas/facilities/ equipment/ infra-structure, lobbies, staircases, lifts, without claimingany other right thereon;

the Vendor shall always have the right to make additions, raise additional floorsor put upon additional structures, as may be permitted by the competentauthorities and such additional space/ areas/ structures/ floors shall be soleproperty ofVendor, who shall have unfettered rights inter-alia to dispose off thesame or any part thereof, without any interference on the part of the Vendee(individually) or collectively by one or more vendee(s)/ purchaser(s)/ occupant(s)ofthe other units in the aforesaid "GLOBAL FOYER ".

(d) the Vendee shall use the said Unit for permitted/ lawful purposes only and not tocarry on or permit to be carried on the aforesaid Unit or in any part thereof anyactivities which shall be or are likely to be in contravention to the statutory byelaws, rules and regulations, or unlawful, obnoxious or of nuisance, annoyance ordisturbance to other occupants of the building/ "GLOBAL FOYER (Formerlyknown as CITYSCAPE) " or store any goods ofhazardous or combustible natureor which are heavy so as to affect the construction or the structure of the saidbuilding/ "GLOBAL FOYER "or any part thereofor in any manner interfere forcommon use;

(e) at the time of renovating, refurnishing, decoration, installing any equipment,furniture, machinery, partition, false ceiling, etc., as also for using aforesaid Unit,the Vendee (or their nominee/ tenants) shall absolutely regard the fire safetylaws, and all other rules and procedure in its letter and spirit. The Vendee (ortheir nominee/ tenants) shall be bound to take a prior permission from Vendor/Maintenance Agency, Fire Department and any other concerned authorities/department, before undertaking any such job;

(f) Vendor shall be entitled to connect the electric, water, sanitary, power backup, airconditioning and drainage fittings on the additional structure(s)/ storey(s) withthe existing electric, water, sanitary, generator based power back up, airconditioning and drainage sources. Further, the terrace of the building includingthe parapet walls, shall always be the property of the Vendor and the agreementswith the Vendee and/ or with the other vendees/ buyers/ purchasers of the Unitsin the said building shall be subject to the aforesaid rights of the Vendor, whoshall be entitled to construct and use the said terrace and the parapet walls for allpurposes including, but not limited to, the display of advertisements and signboards or open air restaurant and the Vendor shall always have the right ofeasement to roof, parapet walls. Further, Vendor shall have the right to put upboards in common areas. The Vendee hereby gives consent to the above andagrees that the Vendee shall not be entitled to raise objection or make any claimor claims of any reduction in the price of the said Unit agreed to be acquired bythe Vendee and/ or to any compensation or damages on the ground ofinconvenience or any other ground whatsoever;


Lr0.

6



(i) the Vendee (or its nominee/ tenants) shall not display or be permitted to displayname.and address of the occupant of the aforesaid Unit at any place(s), other thanas may be permitted by the Vendor and not to put up any name or sign board,publicity or advertisement material on the external facet of the building/"GLOBAL FOYER " or anywhere in the common areas without the priorapproval of the Vendor in writing. All advertising rights in the entire building/"GLOBAL FOYER" including the right to use ofterrace and roofand/ or below/outside the boundary wall of the said building, its peripheries exclusively vestwith Vendor;

G) the Vendee hereby covenants to keep and maintain the aforesaid Units, peripherywalls, partition walls and sewers, drains, pipes and appurtenances thereto orbelonging thereto in the same good tenantable repair, state, order and condition inwhich it has been delivered to the Vendee and in particular, so as to support,shelter and protect all parts ofthe building other than the said Unit;

(k) the Vendee shall not let, sub-let, underlet, assign, lease, transfer, part with or inany way encumber the said Unit till all dues, of any nature whatsoever, owing toVendor/ Maintenance Agency or payable hereunder areflly paid before any ofthe above right is exercised and the Vendee obtains a no-dues certificate fromVendor/ Maintenance Agency for this purpose, which no-due certificate shall otbe unreasonably withheld;

(I) nothing contained in these presents shall, however, be construed to confer uponthe Vendee the rights, title or interest to grant, lease, demise or assign in the saidCommercial plot upon which the said "GLOBAL FOYER " is constructed or inthe rest of the building, except the aforesaid Unit and the proportionate,undivided, impartible rights relating thereto in the land underneath;

%


III

tT0.

7

furthermore, if the Vendee defaults in making payment of the amount due andpayable as above for its proportionate share ofthe maintenance charges, its shareof proportionate charges for the sinking fund (ifany) to provide for replacementsin the said building, then Vendor shall, after giving ten (10) working days notice,be entitled to lock-up/ stop/ disconnect/ discontinue any or all the facilities/services to the aforesaid Unit, till such time that all the above dues are paid infull. The Vendee has also agreed that in the event of the Vendee failing to payany dues to the Vendor or its nominated Maintenance Agency as may becomepayable by the Vendee to the Vendor at any time, the Vendor shall have the firstclaim and charge on the aforesaid Unit hereby sold.

This right of Vendor shall be apart from the right to recover the charges withminimum interest of 24% p.a. from the Vendee and/or from the occupier of thesaid Unit from out of the rent payable to the Vendee through the process ofcourtor otherwise. Besides the Vendee undertakes to pay caution money/ securitydeposit for payment of common outgoing/ maintenance charges/ sinking fundcharges. Such deposit money will not bear any interest;



(q) the said Unit is a part of and located in the building complex known as"GLOBAL FOYER ". It is in the interest of the Vendee, occupants, owners ofdifferent spaces in the building complex that the entry to the building complex beregulated and some safeguard be provided to prevent entry of unauthorizedpersons in the building complex, including the common areas and to give aneffective hand to Vendor or the Maintenance Agency appointed by Vendor todeal with such unlawful entrants/ loiters/ peddlers, etc., and also to enableVendor or the Maintenance Agency appointed by Vendor in particular and theVendee and/or occupants/ owners of the various spaces in general, to deal moreeffectively with the security of the •'GLOBAL FOYER"and maintenance ofordertherein. For this purpose, the Vendee agrees that Vendor or the MaintenanceAgency appointed by Vendor shall be free to resist the entry at the outer gateitself. In case of insistence, the security staff will be at liberty to call upon theVendee/ occupants/ lawful owners to the gate and personally escort the person(s)from the gate to its office space/ premises/ said Unit and assume theresponsibility of escorting them out as well. It is, however, clarified that duringoffice hours, this restriction will be exercised only sparingly but beyond officeworking hours it will be exercised generally The provision of this clause, will

98



the proportionate amount of the external development charges (hereinafterreferred to as the "EDC") or the infrastructure development charges (hereinafterreferred to as the :IDC") levied by DTCP till the date of issue of license areincluded in the consideration for the Unit paid by the Vendee for the said Unit.Any increase in the EDC and /or IDC levied, by whatever name called or inwhatever form and with all such conditions imposed by Haryana Governmentand/ or any competent authority(ies) shall be borne and paid by the Vendee inproportion to the super area of the aforesaid "GLOBAL FOYER.

() if there is any additional Tax, levy, rate or charge of any kind attributable to thesaid "GLOBAL FOYER) " so developed on the aforesaid Commercial Plot asdetailed on the Scheduled Land as a consequence of any order of theGovernment, Statutory or any other Local Authorities(ies), the same, ifapplicable, shall also be paid by the Vendee on pro-rata basis.


7. That the Vendee may assign, transfer, lease or part with the possession of the said Unithereby sold after getting NOC from the maintenance agency/Vendor failing which it shallbe the responsibility of the Vendee to continue to pay any charges pertaining to the saidUnit or whatsoever nature payable under this CONVEYANCE DEED. The Vendee shallalso not sub-divide the said Unit in parts without the prior consent of the Vendor.

#t

8. That the persons inducted by the Vendee in premises whether on lease/Licence or underany other relationship shall be bound by the terms of this Conveyance Deed. Anycontractual obligation between Vendor and such Occupant shaH--'"not vary or dischargeobligations of the Vendor as set out in this Deed. Even if the entry or Occupation in theUnit of the-Vendee by a person/firm/Company is hostile or unauthorized, the same wouldnot absolve the Vendee of his obligations as set in herein above.

9. That the Vendee can get the aforesaid Unit transferred and mutated in its own name asowner in'the revenue records or of any other concerned authority on the basis of thisCONVEYANCE DEED. However, if the Vendee transfers this Conveyance Deedthereby transferring the rights in the aforesaid Unit, all subsequent transferee shall bebound by the terms and conditions of this Conveyance Deed.

IO. That Vendor shall indemnify and keep indemnified the Vendee from and against alldemands, claim, losses, expense that may be made against or be suffered by the Vendeearising on account of any defect in the title of the plot of land on which the aforesaid"GLOBAL FOYER "is constructed.

\.

I

9



FIRST SCHEDULE

ALL THAT the freehold plot of land admeasuring 3.884 acres ( 15717 .859 Square Meters) ofthe land, owned by MIS D.D. Resorts Pvt. Ltd., have all necessary legal and validly subsistinglicenses, approvals, consents and permissions for construction of the aforesaid "GLOBALFOYER (Formerly known as CITYSCAPE) ". The details of the said commercial Plot fordevelopment and construction of the Commercial Complex/ "GLOBAL FOYER "is as givenhereunder:Name ofCompany Village Khasra No. Area Mutation Nos.

(Owners)Mis D.D. Resorts Chakkarpur 537/2/2 Min, 3.884 1395, 1393, 1401, SalePvt. Ltd. 536/2 Min, Acres Deed Vasika No. 10731,


Min, 517Min 1392, 1399, 1 400, 1397,1394 , 1414, 1415, 1417,1416, 1402, 1407, 1405,1403, Sale Deed YasikaNo. 6688, dated07.08.2001, 1408, 1412,I410, 1409, 1411, 1413 andTaksim Mutation No.1336

SECOND SCHEDULE

Commercial Unit No. 04 on 07th Floor, having a super area of 5330 Sq. Ft. (495 Sq. Mtrs.Appx. ) in the said multi storeyed office cum commercial complex known as "GLOBAL FOYER"as described in the First Schedule hereinabove, situated on the "GLOBAL FOYER (Former{rknown as CITYSCAPE) ", Sector-43, Gurgaon, Haryana - 122 002, along-with proportionate,undivided, impartible share and interest in the free hold plot of land on which the "GLOBALFOYER" is constructed together with the common right to use the open area, common areas andcommon amenities and facilities to be provided in the said "GLOBAL FOYER " and all mannerof rights, privileges, easements, advantages and appurtenances whatsoever to the said Unit. !"hesaid Unit is indicated and bordered in red ink in the plan of the aforesaid Unit appended hereto asAnnexure-A.This is a final document and supersedes all previous agreement.

v

98

(YENDEE) LTDPACL IND!A •

for Qz!_}_{;. - l rv. d S•nna oAuthorise - .

10

WITNESSES WHEREOF, the parties have executed these presents at the place, day, monthand year as first above ·written in tl~e resence ofthe under noted.

&g Me 3/s.we 'y .a •' > '.\. l -, ) ·1·. ; ,l, ..- ... , J "For, Mis. D.D. Resort t 0·'-·:4on

Private Limited ('"VENDOR")

3±:(Authorised Signatory)

WITNESSES:!.

2.

/jJCMNlf}lMJryf>·&e. .4,5.67 R ad±la.k6 2, a. XeD£ ct, ao-t

<«0q«o

11

AA'NEA"URE -A

·Floor plan ofthe floor on which the aforesaid Unit is situated, along with demarcation of the said

UNIT. -- - •LTD.-- ·cc55PI>:c r O U \-!.• .- •l,0 \.,,~\Iyo/-

Il

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256172

Officer)

Date

.Place

~-------"-----,--i:---~

Tar'"-~n Sm.t. IShri~....,...:::'-,-"':,..--=eeslo, dlo,

Jo3a_CONVEYANCED~

Consideration : Rs.6,31,82,438/-Stamp Duty : Rs. 44,22,800/-Bank Receipt No./Date :GSR/001:256172/12.07.2010Issue By : SBJ Mebrauli Gurgaon Road,GurgaonProject : Global FoverUnit No. : 04A~ on 71

i, FloorArea : 5290 Sq. Ft.

THI CONVEYANC:E DEED is executed at Gurgat1•. on 1hb st..«5d9.s

I l'1 ·'

Reg. No.10300

Reg. Year2010-2011

fuki

Book No.

"SI~ W-TT -.:ilnl ~ fen-~ ~ ~ 10,300 ~ ~ 15/0712010<ITT qefi ";f: I~ 1: 9,753 ci;

98 T: I40 w jiaa fa mr azm zaat ua f 3afafra al en IR= : 8321rB U?s?TI 52 ii 53 'I"{ f'=lqq,,~ TP-fr1 ~ "-ir v.qnura rear aa ?z fa s zaras ygaaai zit

~ 15/07/20106Cl/wjcRfT[s1TfcTT

!enue lei.asineut ii;ar ail I IS

2

BY

Ms D.D. Resorts Private Limited. a company incorporated and validly existing underprovisions of the Companies Act, 1956, having its Registered Office at 6, Jawahar Lal NehruRoad, 4 Floor Kolkata , West Bengal- 700013 and Corporate office at 11 Ring Road, LajpatNagar-IV, New Delhi -I I 0024 through its authorized Signatory Mr.Kishore Kumar AgarwalS/o Late Sh. Ramesh Chand Agarwal resident of B-108, 1Floor, New Friends Colony NewDelhi - 110065, vide Board ofDirectors Resolution Dated 02nd July 2010, [Hereinafter referredto as the "VENDOR/SELLER" which expression, unless it be repugnant to the context ormeaning their of, shall mean and include its successors in business, Legal representatives,nominees and permitted assigns] of the ONE PART:

IN FAVOUR OF

MIS PACL INDIA LIMITED A COMPANY INCOROPRATED UNDER THECOMPANIES ACT, 1956, HAVING ITS CORPORATE OFFICE AT 7"FLOOR GOPALDAS BHAWAN, 28 BARAKHAMBA ROAD, NEW DELHI-110001 through its authorizedsignatory Mr.Vipin Singh Bisht So Mr.Bag Singh Bisht vide Board of Directors ResolutionDated 10 June 2010,[hereinafter called the "VENDEE" which expression, unless it berepugnant to the context or meaning thereof, shall mean and include. its successors, legalrepresentatives, executors and assigns] ofthe OTHER PART.



(a) The Vendor is the absolute owner of a Plot of land bearing Khasra No. 537/2/2, 536/2,535/1, 533/1/1/2, 517 measuring 3.884 Acres situated in the revenue estate of VillageChakkarpur, Sector-43, Tehsil & Distt. Gurgaon by way of revenue documentscomprising of Mutation Nos. '1395, 1393, 1401, 1398, 1394, 1397, 1396, 1400, 1399,1391, 1392, 1413,1403, 1402, 1405, 1404, 1406, 1407, 1408, 1411, 1409, 1410, 1414,1415, 1412, 1417, 1416, and Taksim Mutation No.1336 (hereinafter referred to as the"Commercial Plot"), more fully arid particularly described in the FIRST SCHEDULE,hereinunder;

(b) The Vendor/Seller has obtained licenses Nos.31, 32, 33, and 34 of2004 and the same arelegally valid and subsisting (hereinafter referred to as the "Licenses"), from the DirectorTown and Country Planning, Chandigarh (hereinafter referred to as the "DTCP") fordevelopment ofa commercial colony on the said Commercial Plot.

(c) The Vendor has completed construction and development of the aforesaid CommercialComplex through M/s. D.D. Reso11s Pvt. Ltd. and has agreed to name of the saidCommercial Colony to be developed on the aforesaid Commercial Plot as "GLOBALFOYER (Formerly knon as CITYSCAPE,) " ( hereinafter referred to as the"Commercial Complex/GLOBAL FOYER ).

(d) The Vendor/seller represents and warrants to the Vendee herein that the Vendor/Seller isentitled to deal y ·th the Built-up area together with proportiona' undivided. indivisible

10300

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CONVEYANCE WITH IN MC AREA

uf.i1 f;;rn '91 Far sir nr$ 63,182,438.00r:i_f,.,1~-:/1-1 ~ <iil" "Dfn I5,000.00 -mil

~ ~ <iil" mn 4,422,800.00q~ ~ 2.00m

Drafted By Rajbir Singh, Adv.

':I:;,~;,fj/~ mhfp:rcfi/.,ti/ml f.,cm-0 -1 l, Rrng Road, La_1p;11 Nagar-IV. NC\\ Odhi mTI q,.{t<h-<.D1 %TI, 1IF.yt

~f Tf'.lJI

~ / Bicro ¢,J'n:i~@q:;m·zenuia

w I'd'~ DJ) Resorts chru Kishorc'kumnr Aggarwa[(OTHER)

zq#rd fake a sJf/efr:@1~ Thro-VipmSingh

f-;:p:rR-fl Ad, gurgaon cf mlwnfllc[t!iit Rhanu Pratap Saini '.-pll13.'it/qf::jj ?,°3/~~ Gau1i Shank.ii ffcf!Bl 11110 }

Bo<.j)11 M,irg, IJl,F-l, Gurgaon ~ i:ITTI , ,W?.TT ::r: 1 ep'[ 61=1 ~/3W.:rcrcfffi q; ~ 'I-! -r.l·fo i; iP.TI <:f"c! 'ifP.:TI 1: 2 <if! 't!m <l,'«H %1

I :'i/0712010

,·1111t lkparl1111·111 11:inaua

le~and impartible ownership rghts and snare in the land underneath in the said commercialPlot alongiwith the constructions thereupon and the right to use the common areas andfacilities therein.

(e) The Vendor/Seller/ has procured all necessary consents, approvals, permissions etc. from · -'all concerned authorities required for utilization of the said commercial plot forcommercial purpose.

AND WHEREAS, the Vendor vide Buyer's Agreement :dated 10.07.2010 agreed to ''transfer, sell/,, convey to the Vendee and the Vcndee agreed to purchase Unit No. 04A, on 7TH --~1:Floor, having a super area of 5290 Sq. Ft. (491 Sq. Mtrs. Appx. ) with proportionate, "?

undivided, impartiable share and interest in the aforesaid Commercial Plot, on which the 1

aforesaid "GLOBAL FOYER) " is developed and constructed together with the right to use the aopen area, common areas, and common amenities, and facilities i.e. staircases, lifts, entrances, rand exits of the aforesaid Commercial Complex, water supply arrangement and installation i.e. opower, light, sewerage, etc. and including all easement rights attached therewith (hereinafter sreferred to as the said "Unit") more fully and particularly described in the SECOND SCHEDULEhereunder written and the floor plan appended hereto as ANNEXURE-A, demarcating theaforesaid Unit'

AND WHEREAS, the Vendor has assured the Vendee that the said Unit is Saleable and hasagreed to sell and the Vendee has agreed to purchase the aforesaid Unit for a total considerationof Rs.6,31,82,438/ (Rupees Six Crores Thirty One Lacs Eighty Two Thousand FourHundred Thirty Eight Only) free from all encumbrances, liens, lis pendens, charges, claims,demands, actions, attachments, trusts, prior agreements whatsoever or howsoever, on the termsand conditions hereinafter recorded and the Vendor had agreed to convey the title of the aforesaidUnit in favour ofthe Vendee on the terms and conditions given herein below:

NOW THEREFOR. THIS DEED CONVEYANCE WITNESSETH AS UNDER:

1. That in consideration for a sum of Rs. 6,31,82,438/ (Rupees Six Crores Thirty OneLacs Eighty Two Thousand Four Hundred Thirty Eight Only), already paid by theVendee to the Vendor, the Vendor hereby sell, transfer and convey the aforesaid UnitNo. 04A, on 7 Floor, having a super area of 5290 Sq. Ft. (49I Sq. Mtrs. Appx. ) in "the aforesaid "GLOBAL FOYER (Former(J' known as CITYSCAPE) ", situated inVillage Chakkerpur, Sector-43, Golf Course Road, Gurgaon, Haryana -122 002along-with the proportionate, undivided, impartible share in the lad and interest in and ·usage of the said common areas and common amenities and facilities to be provided inthe said "GLOBAL FOYER) "together with all sorts/ manner of rights, privileges,easements, advantages, appendages and appurtenances whatsoever to the said Unit, morefully and particularly described in the Second Schedule and the Annexure-A, appendedhereto and to hold, possess and enjoy the said Unit, free from all encumbrances, charges,liens, lis pendens, attachments, trusts, prior agreements, whatsoeveror howsoever.

2. That Vendor hereby confirms and acknowledges the receipt of the total sale considerationin respect ofthe said Unit and that there is nothing due from the Vendee towards the saleconsideration in respect of the said Unit and the Vendor hereby acquit, release antidischarge the Vendee in respect of the sale consideration of the said Unit.

3. That, with consent of the Vendee herein, the aforesaid Unit has been handed over by theVendor to t'e Vendce herein, absolutely and forever, an' the Vendee acknowledges

+.Lr.

3

(a) That the Vendee , subject to the provisions of the maintenance agreement, shallbe entitled to the following rights in common with the other occupant/ owners ofthe other Units in the aforesaid "GLOBAL FOYER, which shall be subject torules and regulations made by the Vendor and/or the maintenance agencyappointed by the Vendor :


having taken over the possession of the same to its/his/her entire satisfaction complete inall respects without any defects or deficiency of any kind.


(ii) the right to sub-adjacent and lateral support and shelter and protectionfrom the foundations, columns, girders, beams, supports, main wall andfrom the sides and roof ofthe aforesaid Unit;


5, That the Vendee has specifically and unambiguously agreed that the sale shall be subjectto various restrictions, limitations, etc. The Parties herein have mutually agreed that:

(a) the entire plot of land on which the aforesaid "Gl£)BA.L FOYER " isconstructed, the superstructure constructed thereon and infra-structural facilitiesprovided therein shall remain under the possession, control and management ofthe Vendor and/ or the Maintenance Agency (nominated or appointed by Vendor)and the owner/ occupants of the individual Units/ portions/ spaces shall be boundby the rules and regulations made by the Maintenance Agency for the betterenjoyment of the building known as "GLOBAL FOYER "and a separatemaintenance agreement, which shall be in the standard form as will be decidedby the Maintenance Agency, for the entire complex, and will be executedbetween the Vendee and the Vendor and/or the Maintenance Agency in thisregard. The said maintenance agreement shall, inter alia, exhaustively defines thescope of maintenance of various services and facilities and the charges payableby the Vendee in-respec thereof:

RTFor DD F-0.. > ·.1r.\vv,i,,,,"' ;,,_ "' • .. •

.sis. Sigator

J6?(b) save and except the said Unit, the Vendee shall have no claim, right, title or

interest of any nature or kind over or in respect of all or any open spaces,common areas/·facilities/ equipment/ infra-structure, lobbies, staircases, lifts,terrace-roof (which shall remain the exclusive property ofVendor). However theVendee shall have right to enjoy mere the use of the open spaces, common areas/facilities/ equipment/ infra-structure, lobbies, staircases, lifts, without claimingany other right thereon;

(c) the Vendor shall always have the right to make additions, raise additional floorsor put upon additional structures, as may· be permitted by the competentauthorities and such additional space/ areas/ structures/ floors shall be soleproperty ofVendor, who shall have unfettered rights inter-alia to dispose off thesame or any part thereof, without any interference on the part of the Vendee(individually) or collectively by one or more vendee(s)/ purchaser(s)/ occupant(s)ofthe other units in the aforesaid "GLOBAL FOYER ".

(d) the Vendee shall use the said Unit for pennitted/ lawful purposes only and not tocarry on or permit to be carried on the aforesaid Unit or in any part thereof anyactivities which shall be or are likely to be in contravention to the statutory byelaws, rules and regulations, or unlawful, obnoxious or of nuisance, annoyance ordisturbance to other occupants of the building/ "GLOBAL FOYER (Formerlyknown as CITYSCAPE) " or store any goods of hazardous or combustible natureor which are heavy so as to affect the construction or the structure of the saidbuilding/ "GLOBAL FOYER "or any part thereofor in any manner interfere forcommon use;


(f) Vendor shall be entitled to connect the electric, water, sanitary, power backup, airconditioning and drainage fittings on the additional structure(s)/ storey(s) withthe existing electric, water, sanitary, generator based power back up, airconditioning and drainage sources. Further, the terrace of the building includingthe parapet walls, shall always be the property of the Vendor and the agreementswith the Vendee and/ or with the other vendees/ buyers/ purchasers of the Unitsin the said building shall be subject to the aforesaid rights of the Vendor, whoshall be entitled to construct and use the said terrace and the parapet walls for allpurposes including, but not limited to, the display of advertisements and signboards or open air restaurant and the Vendor shall always have the right ofeasement to roof, parapet walls. Further, Vendor shall have the right to put upboards in common areas. The Vendee hereby gives consent to the above andagrees that the Vendee shall not be entitled to raise objection or make any claimor claims of any reduction in the price of the said Unit agreed to be acquired bythe Vendee and/ or to any compensation or damages on the ground cfinconvenience or any other gro..ad whatsoever;

ru

6

(g) Vendor and/ or Maintenance Agency shall have the right to insure and keepinsured the structure of the building against such risks as Vendor and/or theMaintenance Agency may deem necessary and the insurance premium shall bepayable separately by the Vendee in proportion to the area of the said Unitpurchased by him vis-a-vis premium payable by Vendor and/ or MaintenanceAgency for the building. The contents, fixtures and fittings installed in theaforesaid Unit shall, however, be got insured by the Vendeel occupier at its owncost;

(h) the Vendee or anyone claiming under or through Vendee shall not decorate theexterior ofthe aforesaid Unit otherwise than in the manner agreed to with Vendoror in the manner as similar as may be in which the same was previouslydecorated; close the verandahs or lounges or balconies or common passage orcommon corridors even if a particular floor(s) is occupied by the same party/Vendee, make any alterations in any elevation and outside color scheme of theexposed walls of the verandah lounge or any external walls or both the faces ofexternal doors and windows ofthe aforesaid Unit which in the opinion ofVendordiffer from the color scheme ofthe building;

(i) the Vendee (or its nominee/ tenants) shall not display or be permitted to displayname and address of the occupant of the aforesaid Unit at any place(s), other thanas may be permitted by the Vendor and not to put up any name or sign board,publicity or advertisement material on the external facet of the building/"GLOBAL FOYER " or anywhere in the common areas without the priorapproval of the Vendor in writing. All advertising rights in the entire building/"GLOBAL FOYER" including the right to use ofterrace and roofand/ or below/outside the boundary wall of the said building, its peripheries exclusively vestwith Vendor;

(j) the Vendee hereby covenants to keep and maintain the aforesaid Units, peripherywalls, partition walls and sewers, drains, pipes and appurtenances thereto orbelonging thereto in the same good tenantable repair, state, order and condition inwhich it has been delivered to the Vendee and in particular, so as to support, ··shelter and protect all parts of the building other than the said Unit;

(k) the Vendee shall not let, sub-let, underlet, assign, lease,fransfer, part with or inay way encumber the said Unit till all dues, of any nature whatsoever, owing toVendor/ Maintenance Agency or payable hereunder are fully paid before any ofthe above right is exercised and the Vendee obtains a no-dues certificate fromVendor/ Maintenance Agency for this purpose, which no-due certificate shall notbe unreasonably withheld;

(1) nothing contained in these presents shall, however, be construed to confer uponthe Yendee the rights, title or interest to grant, lease, demise or assign in the saidCommercial plot upon which the said "GLOBAL FOYER " is constructed or inthe rest of the building, except the aforesaid Unit and the proportionate,undivided, impartible rights relating thereto in the land underneath;

(m) all the transferees of the Vendee's interest in the said Unit including thesubsequent owners of the Unit, hereby being sold shall always be bound by the

ID.

:.·j

le%terms and conditions of this CONVEYANCE DEED and shall adhere andconform to the provisions of the Maintenance Agreement executed by theVendee;

(n) furthermore, if the Vendee defaults in making payment of the amount due andpayable as above for its proportionate share of the maintenance charges, its shareofproportionate charges for the sinking fund (if any) to provide for replacementsin the said building, then Vendor shall, after giving ten ( l 0) working days notice,be entitled to lock-up/ stop/ disconnect/ discontinue any or all the facilities/services to the aforesaid Unit, till such time that all the above dues are paid infull. The Vendee has also agreed that in the event of the Vendee failing to payany dues to the Vendor or its nominated Maintenance Agency as may becomepayable by the Vendee to the Vendor at any time, the Vendor shall have the firstclaim and charge on the aforesaid Unit hereby sold.



(p) at present the fire safety measures at the said building] "GLOBAL FOYER "have been provided as per the existing fire safety code/ regulations. If, however,due to any subsequent legislation(s), Government Regulation, Order ordirective(s) or guidelines or if deemed necessary by Vendor , any further firesafety measures are to be undertaken due to additional requirement imposed bythe concerned authorities or for the better and/or more purposeful enjoyment ofthe said building, proportionate additional cost in respect thereof shall also bepayable on demand by the Vendee;

(q) the said Unit is a part of and located in the building complex known as"GLOBAL FOYER ". It is in the interest of the Vendee, occupants, owners ofdifferent spaces in the building complex that the entry to the building complex beregulated and some safeguard be provided to prevent entry of unauthorizedpersons in the building complex, including the common areas and to give aneffective hand to Vendor or the Maintenance Agency appointed by Vendor todeal with such unlawful entrants/ loiters/ peddlers, etc., and also to enableVendor or the Maintenance Agency appointed by Vendor in particular and theVendee and/or occupants/ owners of the various spaces in general, to deal moreeffectively with the security of the "GLOBAL FOYER"and maintenance ofordertherein. For this purpose, the Vendee agrees that Vendor or the MaintenanceAgency appointed by Vendor shall be free to resist the entry at the outer gateitself. In case of insistence, the security staff will be at liberty to call upon theVendee/ occupants/ lawful owners to the gate and personally escort the person(s)from the gate to its office space! premises/ said Unit and assume the

7

(r)

(s).

(t)

loresponsibility of escorting them out as well. It is, however, clarified that durinooffice hours, this restriction will be exercised only sparingly but beyond offic~workino hours it will be exercised generally. The provision of this clause willnot cast any liability of any kind upon Vendor or Maintenance Agency appointedby Vendor. The cost of prodding security services shall, however, be part of themaintenance charges;

it is expressly understood that the internal security of the said Unit and the men!materials kept therem and ther safety shall be the sole responsibility of theVendee and Vendor shall m no way be concerned or liable for the same.

the proportionate amount of the external development charges (hereinafterreferred to as the "EDC") or the infrastructure development charges (hereinafterreferred to as the :IDC") levied by DTCP till the date of issue of license areincluded in the consideration for the Unit paid by the Vendee for the said Unit.Any increase in the EDC and lor IDC levied, by whatever name called or inwhatever form and with all such conditions imposed by Haryana Governmentand/ or any competent authority(ies) shall be borne and paid by the Vendee inproportion to the super area of the aforesaid "GLOBAi FOYER".

if there is any additional Tax, levy, rate or charge ofany kind attributable to thesaid "GLOBAL POYER) " so developed on the aforesaid Commercial Plot asdetailed on the Scheduled Land as a consequence of any order of theGovernment, Statutory· or any other Local Authorities(ies), the same, ifapplicable, shall also be paid by the Vendee on pro-rata basis.

8

6. That subject to the Vendee observing and performing the terms and covenants containedherein, the Vendee shall have the absolute right to hold, use and enjoy the said Unithereby sold in any manner without interruption or hindrance whatsoever from theVendors or any person or persons claim111g under, for or on its behalf.

7. That the Vendee may assign, transfer, lease or part with the possession of the said Unithereby sold after getting NOC from the maintenance agencyNendor failing \Vhich it shallbe the responsibility.of the Vendee to continue to pay any charges pertaining to the saidUnit or whatsoever nature payable under this CONVEYANCE DEED. The Vendee shallalso not sub-divide the said Unit in parts without the prior consent of the Vendor.

8. That the persons inducted by the Vendee in premises whether on lease/Licence or underany other relationship shall be bound by the terms of this Conveyance Deed. Anycontractual obligation between Vendor and such Occupant shall not vary or dischargeobligations of the Vendor as set out 111 this Deed. Even if the entry or Occupation in theUnit of the Vendee by a person/firm/Company is hostile or unauthorized, the same wouldnot absolve the Vendec ofhis obligations as set in herein above.

9. That the Vendee can get the aforesaid Unit transferred and mutated in its own name asowner in the revenue records or of' any other concerned authority on the basis of chisCONVEYANCE DEED. However, if the Vendee transfers this Conveyance Deedthereby transferrino the rights in till' aforesaid Unit, all subsequent transferee shall bebound by the terms and conditions of this Conveyance Deed.

---,··r:·1''For DD !:: 1 ?

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10, That Vendor shall indemnify and keep indemnified the Vendee from and against alldemands, claim, losses, expense that may be made against or be suffered by the Vendeearising on account of any defect in the title of the plot of land on which the aforesaid"GLOBAL FOYER "is constructed.



FIRST SCHEDULE

•

.¥f--.-+

SECOND SCHEDULE

ALL THAT the freehold plot of land admeasuring 3.884 acres (15717 .859 Square Meters) ofthe land, owned by MIs D.D. Resorts Pvt. Ltd., have all necessary legal and validly subsistinglicenses, approvals, consents and permissions for construction of the aforesaid "GLOBALFOYER (Formerly known as CITYSCAPE) ". The details of the said commercial Plot fordevelopment and construction of the Commercial Complex/ "GLOBAL FOYER "is as givenhereunder· ·

Commercial Unit No. 04A on 07th Floor, having a super area of 5290 Sq. Ft. (49t Sq. Mtrs.Appx. ) in the said multi storeyed office cum commercial complex known as "GLOBAL FOYER" as described in the First Schedule hereinabove, situated on the "GLOBAL FOYER (Formerlyknown as CITYSCAPE) ", Sector-43, Gurgaon. Haryana - 122 002, along-with proportionate, "undivided, impartible share and interest in the free hold plot of land on which the "GLOBALFOYER" is constructed together with the common right to use the open area, common areas andcommon amenities and facilities to be provided in the said "GLOBAL FOYER" and all mannerof rights, privileges, easements, advantages and appurtenances whatsoever to the said Unit. The

Name ofCompany Village Khasra No. Area Mutation Nos.(Owners)

MIs D.D. Resorts Chakkarpur 537/2/2 Min, 3.884 1395, 1393, 1401, SalePvt. Ltd. 536/2 Min, Acres Deed Vasika No. 10731,

535/1, dated 02.11.200 I and533/1/1/2 Mutation No. 1398, 1391,

Min, 517Min 1392, 1399, 1400, 1397,1394 , 1414, 1415, 1417,1416, 1402, 1407, 1405,1403, Sale Deed YasikaNo. 6688, dated07.08.2001, 1408, 1412,1410; 1 409, 14 11, 1413 and

% Taksim Mutation No. 1336

,-- ·•cs ,iO.For +En61°

\. \.v, V, .. -~ ·-'- ._... -

10

said Unit is indicated and bordered in red ink in the plan of the aforesaid Unit appended hereto asAnnexure-A.This is a final document and supersedes all pre\'ious agreement.

IN WITNESSES WHEREOF, the parties have executed these presents at the place, day, monthand year as first above written in the!lf.sence ofthe under noted.P-J!.j't'vt /Jo <_3<j__( /$', 'Jr J b --

Drafted fi:•For, Mis. O.D. Resort -- lR c: - lPrivate Limited ("VENDOR") RAJ!.~ ..., '•,i. .1 • {VENDEE)

.J\d'lOCa!·:. ~jur,e;;:, ;·. - . J.

,I•.

(Authorised Signatorh ·

WITNESSES:!. ±Adrccate

Bit+t ct«ti RGe?t

ForPAC~L.

Authorised Sionator~

2.

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IIJ11

Ar-..1NEXURE - A

Floor plan of the floor on which the aforesaid Unit is situated, along with demarcation of the saidUNIT.

NIA LTFor pACL /LI/

i,1!!11-.-:a\Of"p,authorised S19

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l.

For EJD.

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>ate:

SI. No.

256179

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COI'{VEYANCE DEED;

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Area

Considqration : Rs.1,76,77,4:f3/-Stamp Duty : Rs. 12,37,450/-Bank Receipt No.IDate :GSR/001 :256 l 79/12.07 .20 lUIssue By : SBI Me-firauli Gurgaon Road,GurgaonProject : Global FoyerUnit No. : 05, on 71

" Floor1480.058 Sq. Ft.

r+--,THIS CONVEYANCE DEED i~ exe.:uted at Gurgaon on tlnus_] Day of

., ...: . .., #. .I

10320

,, 6f<Rrcr, 15107/20 I 0

6T6 ~l:TI ~-- ··-- ··· ·-·

m q>f 1fl1 CONVEYANCE WITH INMC AREA~/Re!-~ rpnriatTJTq/"ffif{ ager ±asz

tR ~i;ft fcrcr{ur

ft fs ~'RfP=! e an< 17,677,443.00 ffl ~ eszt 9TT ffiT 1,237,450.00era

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aqj

Drafted By Rajbir Singh, Adv.

~· ~,rg -3-Tr-li fc;-,icn 15/07/2010 fe gar tr as sivsjia/art MsDD Resors Ft Ltd

':PJ/g'iiMc41 ~fl/~7"9o1~ mmt II RingRoa<l ,L,1Jpat Nngnr-1\'. New D~lhi-ll0024 WI #1c!-:-{lil 'ITTJ.

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EfRTT~ SlRj/lcf>af

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',!l i\.l~. D.l) Resorts Pvt. Ltd. thru Kishorc Kumar Aggarwal(OTHERi

°d7RJ'cf'G fi:ra,rr1 cf i;:rr/ef.1i4if1~ Thrn-\'ipin Kumar Bisht

rota «a· (%@yr[eniat

f.n:rrm Adv. gurgaon cf ~:fr/~ll-loi/~ ahanu Pmtap Sa1m i:pillpn/TR--;j'r ml~l<f0'fTTT Ciaun Shank.i: f.,qp::[1 .J. Bot.Jin

1\1m;g. Dlf-1. C.ittrgnon ~ ofil.l,=mm =i: 1 cfiT i?l=l -;p.,---::rRP:/3-TI'c:fcl'cr<TT >i' 'f-'tf ii ~ % oii""f i'.f~ mi:.:fr -;i: 2 <!fr 'i\1 'Cf'., enr11 ~ i

fc-rl'cn ]5-'07/2010

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---------------------'\f('.lf ',(

2

BY II?MIs D.D. Resorts Private Limited. a company incorporated and validly exustmg underprovisions of the Companies Act, 1956, having its Registered Office at 6, Jawahar Lal NehruRoad, 4th Floor Kolkata, West Bengal- 700013 and Corporateoffice at 11 Ring Road, LajpatNagar-TV, New Delhi -110024 through its authorized Signatory Mr.Kishore Kumar AgarwalS/o Late Sh. Ramesh CHiand Agarwal resident of B-108, 1" Floor, New Friends Colony NewDelhi - 110065, vide Board ofDirectors Resolution Dated 02" July 20 I 0, [Hereinafter referredto as the "VENDOR/SELLER" which expression, unless it be repugnant to the context ormeaning their of, shall mean and include its successors in business, . Legal representatives,nominees and permitted assigns] ofthe ONE PART:

IN FAVOUR OF

MIS PACL INDIA LIMITED A COMPANY INCOROPRATED UNDER THECOMPANIES ACT, 1956, HAVING ITS CORPORATE OFFICE AT 7" FLOOR GOPALDAS BHAWAN, 28 BARAKHAMBA ROAD, NEW DELHI-110001 through its authorizedsignatory Mr.Vipin Singh Bisht S/o Mr.Bag Singh Bisht vide Board of Directors ResolutionDated 10" June 2010,[hereinafter called the "VENDEE" which expression, unless it berepugnant to the context or meaning thereof, shall mean and include its successors, legalrepresentatives, executors and assigns] of the OTHER PART.



(a) The Vendor is the absolute owner of a Plot of land bearing Khasra No. 537/2/2, 536/2,535/1, 533/1/1/2, 517 measuring 3.884 Acres situated in the revenue estate of VillageChakkarpur, Sector-43, Tehsil & Distt. Gurgaon by way of revenue documentscomprising of Mutation Nos. 1395, 1393, 1401, 1398, 1394, 1397, 1396, 1400, 1399,1391, 1392, 1413,1403, 1402, 1405, 1404, 1406, 1407, 1408, 1411, 1409, 1410, 1414,I 415, 1412, 1417, 14 16, and Taksim Mutation No.1336 (hereinafter referred to as the"Commercial Plot'), more fully and particularly described in the FIRST SCHEDULE,hereinunder;

() The Vendor/Seller has obtained licenses Nos.31, 32, 33, and 34 0f.2004 and the same arelegally valid and subsisting (hereinafter referred to ,?S the "Licenses''), from the DirectorTown and Country Planning, Chandigarh (hereinafter referred to as the "DTCP") fordevelopment ofa commercial colony on the said Commercial Plot.

(c) The Vendor has completed construction and development of the aforesaid CommercialComplex through M/s. D.D. Resorts Pvt. Ltd. and has agreed to name of the saidCommercial Colony Lo be developed on the aforesaid Commercial Plot as "GLOBALFOYER (Formerly known as CITYSCAPE,) " ( hereinafter referred to as the''Commercial Complex/GLOBAL FOYER);.


I

Reg. No.1032(:)

Reg. Year2010-201 J

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Book No.1&

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(e) The Vendor/Seller/ has procured all necessary consents, approvals, permissions etc. from· all concerned authorities required for utilization of the said commercial plot for

commercial purpose.

AND WHEREAS, the Vendor vide Buyer's Agreement dated 10.07.2010 agreed to transfer,sell, convey to the Vendee and the Vendee agreed to purchase Unit No. 05, on 7lll Floor, havinga super area· of 1480.058 Sq. Ft. (138 Sq. Mtrs. Appx. ) with proportionate, undivided,impartiable share and interest in the aforesaid Commercial Plot, on which the aforesaid"GLOBAL FOYER) "is developed and constructed together with the right to use the open area,common areas, and common amenities, and facilities i.e. staircases, lifts, entrances, and exits ofthe aforesaid Commercial Complex, water supply arrangement and installation i.e. power, light,sewerage, etc. and including all easement rights attached therewith (hereinafter referred to as thesaid "Unit") more fully and particularly described in the SECOND SCHEDULE hereunderwritten and the floor plan appended hereto as ANNEXURE-A, demarcating theaforesaid Unit'

AND WHEREAS, the Vendor has assured the Vendee that the said Unit is Saleable and hasagreed to sell and the Vendee has agreed to purchase the aforesaid Unit for a total considerationof Rs.1,76,77,443/ (Rupees One Crores Seventy Six Lacs Seventy Seven Thousand Four.Hundred Forty Three Only) free from all encumbrances, liens, lis pendens, charges, claims,demands, actions, attachments, trusts, prior agreements whatsoever or howsoever, on the termsand conditions hereinafter recorded and the Vendor had agreed to convey the title of the aforesaidUnit in favour ofthe Vendee on the tcrms and conditions given herein below:

NOW THEREFORTHIS DEED CONVEYANCE WITNISSETH AS UNDER:

1. That in consideration for a sum of Rs. 1,76,77,443/ (Rupees One Crores Seventy SixLacs Seventy Seven Thousand Four Hundred Forty Three Only), already paid by theVendee to the Vendor, the Vendor hereby sell, transfer and convey the aforesaid UnitNo. 05, on 7'" Floor, having a super area or 1480.058 Sq. Ft. (138 Sq. Mtrs. Appx. ) inthe aforesaid "GLOBAL FOYER (Formerly kon as CITYSCAPE) ", situated inVillage Chakkerpur, Sector-43, Golf Course Road, Gurgaon, Haryana -122 002along-with the proportionate, undivided, impartible share in the land and interest in andusage of the said common areas and common amenities and facilities to be provided inthe said "GLOBAL FOYER) "together with all sorts/ manner of rights, privileges,easements, advantages, appendages and appurtenances whatsoever to the said Unit, morefully and particularly described in the Second Schedule and the Annexure-A, appendedhereto and to hoid, possess and enjoy the said Unit, free from all encumbrances, charges,liens, lis pendens, attachments, trusts, prior agreements, whatsoever or howsoever.

2. That Vendor hereby confirms and acknowledges the receipt of the total sale considerationin respect of the said Unit and that there is nothing due from the Vendee towards the saleconsideration in respect of the said Unit and the Vendor hereby acquit. release anddischarge the endee in respect of the sale consideration of the said Unit.

3. That, with consent of the Vendee herein, the aforesaid Unit has been handed over by theVendor to the Vendee herein, absolutely and forever, and the Vendee acknowledgeshaving taken over the possession of the same to its/his/her entire satisfaction complete nall respects wwithout any defects or deficiency of'any kind

For DD RESORTS TLTD.

\ . •·}v....v·· .·.... .' .

4


(a) That the Vendee , subject lo the provisions of the maintenance agreement, shallbe entitled to the following rights in common with the other occupant/ owners ofthe other Units in the aforesaid "GLOBAL FOYER", which shall be subject torules and regulations made by the Vendor and/or the maintenance agencyappointed by the Vendor:



(b). That notwithstanding anything contained herein or elsewhere, it has been clearlyunderstood and agreed to by and between the Parties that the maintenance ofcommon areas/ facilities, supervision and services to the "GLOBAL FOYER)

· "shall be undertaken arid handled by a maintenance agency appointed/ nominatedby the Vendor from time to time (hereinafter referred to as the "MaintenanceAgency"). The Vendee hereby has consented and execute the maintenanceagreements. The proportionate monthly charges, by whatever name called, shallbe borne by the Vendee and the purchasers/ occupants of individual units of thearea, as may be fixed/ applicable from time to time. The Vendee shall be entitledto use all common passages and common facilities in connection with the use andoccupation of the aforesaid Unit subject to the payment of such charges, whichmay be levied from time to time by the Maintenance Agency.


(a) the entire plot of land on which the aforesaid "GLOBAL FOYER .. 1sconstructed, the superstructure constructed thereon and infra-structural facilitiesprovided therein shall remain under the possession, control and management ofthe Vendor and/ or the Maintenance Agency (nominated or appointed by Vendor)and the owner/ occupants of the individual Units/ portions/ spaces shall be boundby the rules and regulations made by the Maintenance Agency for the betterenjoyment of the building know as "GLOBAL FOYER "and a separatemaintenance agreement, which shall be in the standard form as will be decidedby the Maintenance Agency, for the entire complex, and will be executedbetween the Vendee and the Vendor and/or the Maintenance Agency in thisregard. The said maintenance agreement shall, inter alia, exhaustively defines thescope of maintenance of various services and facilities and the charges payableby the Vendee in respect thereof;

(b) save and except the said Unit, the Vendee shall have no claim, right, title orinterest of any nature or kind over or in respect ol all or any open spaces,common areas/ facilities! equipment/ infra-structure. lobbies, staircases, lifts,

'\Jv,.. .. '- - '· -· __ 1.. ... _. ____

5 )2Jterrace-roof (which shall remain the exclusive property of Vendor). However theVendee shall have right to enjoy mere the•use of the open spaces, common areas/facilities/ equipment/ infra-structure, lobbies, staircases, lifts, without claimingany other right thereon;

(c) the Vendor shall always have the right to make additions, raise additional floorsor put upon additional structures, as may be permitted by the competentauthorities and such additional space/ areas/ structures/ floors shall be soleproperty ofVendor, who shall have unfettered rights inter-alia to dispose off thesame or any part thereof, without any interference on the part of the Vendee(individually) or collectively by one or more vendee(s)/ purchaser(s)/ occupant(s)ofthe other units in the aforesaid "GLOBAL FOYER".

(d) the Vendee shall use the said Unit for permitted/ lawful purposes only and not tocarry on or permit to be carried on the aforesaid Unit or in any part thereof anyactivities which shall be or are likely to be in contravention to the statutory byelaws, rules and regulations, or unlawful, obnoxious or of nuisance, annoyance ordisturbance to other occupants of the building/ "GLOBAL FOYER (Formerlyknown as CITYSCAPE) " or store any goods ofhazardous or combustible natureor which are heavy so as to affect the construction or the structure of the saidbuilding/ "GLOBAL FOYER "or any part thereof or in any manner interfere forcommon use;


(f) Vendor shall be entitled to connect the electric, water, sanitary, power backup, airconditioning and drainage fittings on the additional structure(s)/ storey(s) withthe existing electric, water, sanitary, generator based power back up, airconditioning and drainage sources. Further, the terrace of the building includingthe parapet walls, shall always be the property of the Vendor and the agreementswith the Vendee and/ or with the other vendees/ buyers/ purchasers of the Unitsin the said building shall be subject to the aforesaid rights of the Vendor, whoshall be entitled to construct and use the said terrace and the parapet walls for allpurposes including, but not limited to, the display of advertisements and signboards or open air restaurant and the Vendor shall always have the right ofeasement to roof, parapet walls. Further, Vendor shall have the right to put upboards in common areas. The Vendee hereby gives consent to the above andagrees that the Vendee shall not be entitled to raise objection or make any claimor claims of any reduction in the price of the said Unit agreed to be acquired bythe Vendee and/ or to any compensation or damages on the ground ofinconvenience or any other ground whatsoever;

(g) Vendor and/ or Maintenance Agency shall have the right to insure and keepinsured the structure of the building against such risks as Vendor and'or theMaintenance Agency may deem necessary and the insurance premium shall be

10.

6 122payable separately by the Vendee in proportion to the area of the said Unitpurchased by him vis-a-vis premium payable by Vendor and/ or MaintenanceAgency for the building. The contents, fixtures and fittings installed in theaforesaid Unit shall, however, be got insured by the Vendeel occupier al its owncost;

(h) the Vendee or anyone claiming under or through Vendee shall not decorate theexterior of the aforesaid Unit otherwise than in the manner agreed to with Vendoror in the manner as similar as may be in which the same was previouslydecorated; close the verandahs or lounges or balconies or common passage orcommon corridors even if a particular floor(s) is occupied. by the same party/Vendee, make any alterations in any elevation and outside color scheme of theexposed walls of the verandah- lounge or any external walls or both the faces ofexternal doors and windows ofthe aforesaid Unit which in the opinion ofVendordiffer from the color scheme ofthe building;

(i) the Vendee (or .its nomineel tenants) shall not display or be permitted to displayname and address ofthe occupant ofthe aforesaid Unit at any place(s), other thanas may be permitted by the Vendor and not to put up any name or sign board,publicity or advertisement material on the external facet of the building/"GLOBAL FOYER " or anywhere in the common areas without the priorapproval of the Vendor in writing. AIl advertising rights in the entire building/"GLOBAL FOYER " including the right to use of terrace and roofand/ or below/outside the boundary wall of the said building, its peripheries exclusively vestwith Vendor;

i) the Vendee hereby covenants to keep and maintain the aforesaid Units, peripherywalls, partition walls and sewers, drains, pipes and appurtenances thereto orbelonging thereto in the same good tenantable repair, state, order and condition inwhich it has been delivered to the Vendee and in particular, so as to support,shelter and protect all parts ofthe building other than the said Unit;

(k) the Vendee shall not let, sub-let, underlet, assign, lease, transfer, part. with or inany wayencumber the said Unit till all dues, ofany nature whatsoever, owing toVendor/ Maintenance Agency or payable hereunder are fully paid before any ofthe above right is exercised and the Vendee obtains a no-dues certificate fromVendor/ Maintenance Agency for this purpose. which no-due certificate shall notbe unreasonably withheld;

(1) nothing contained in these presents shall, however, be construed to confer uponthe Vendee the rights, title or interest to grant. lease, demise or assign in the saidCommercial plot upon which the said "GLOBAL FOYER " is constructed or inthe rest of the building, except the aforesaid Unit and the proportionate,undivided, impartible rights relating thereto in the land underneath;

(m) all the transferees of the Vendee's interest in the said Unit including thesubsequent owners of the Unit, hereby being. sold shall always be bound by theterms and conditions of this CONVEYANCE ·DEED and shall adhere andconform to the provisions of the Maintenance Agreement executed by theVendee;

7 123(n) furthermore, if the Vendee defaults in making payment of the amount due and

payable as above for its proportionate share of the maintenance charges, its shareofproportionate charges for the sinking fund (ifany) to provide for replacementsin the said building, then Vendor shall, after giving ten (10) working days notice,be entitled to lock-up/ stop/ disconnect/ discontinue any or all the facilities/services to the aforesaid Unit, till such time that all the above dues are paid infull. The Vendee has also agreed that in the event of the Vendee failing to payany dues to the Vendor or its nominated Maintenance Agency as may becomepayable by the Vendee to the Vendor at any time, the Vendor shall have the firstclaim and charge on the aforesaid Unit hereby sold.

This right of Vendor shall be apart from the right to recover the charges withminimum interest of 24% p.a. from the Vendee and/or from the occupier of thesaid Unit from out ofthe rent payable to the Vendee through the process ofcourtor otherwise. Besides the Vendee undertakes to pay caution money/ securitydeposit for payment of common outgoing/ maintenance charges/ sinking fundcharges. Such deposit money will not bear any interest;

(o) if there is any additional levy, rate or charge of any kind attributable to the saidbuilding known as "GLOBAL FOYER "as a consequence ' of Government,Statutory or any other Local Authority(ies) orders, the· same, if applicable, shallalso be paid by the Vendee on pro-rata basis;


(q) the said Unit is a part of and located in the building complex known as"GLOBAL FOYER ", It is in the interest of the Vendee, occupants, owners ofdifferent spaces in the building complex that the entry to the building complex beregulated and some safeguard be provided to prevent entry of unauthorizedpersons in the building complex, including the common areas and to give aneffective hand to Vendor or the Maintenance Agency appointed by Vendor todeal with such unlawful entrants/ loiters/ peddlers, etc., and also to enableVendor or the Maintenance Agency appointed by Vendor in particular and theVendee and/or occupants/ owners of the various spaces in general, to deal moreeffectively with the security of the "GLOBAL FOYER"and maintenance ofordertherein. For this purpose, the Vendee agrees that Vendor or the MaintenanceAgency appointed by Vendor shall be free to resist the entry at the outer gateitself. In case of insistence, the security staff will be at liberty to call upon theVendee/ occupants/ lawful owners to the gate and personally escort the person(s)from the gate to its office space/ premises/ said Unit and assume theresponsibility of escorting them out as well. It is, however, clarified that duringoffice hours, this restriction will be exercised only sparingly but beyond officeworking hours it will be exercised generally. The provision of this clause, will

128



(s). the proportionate amount of the external development charges (hereinafterreferred to as the "EDC") or the infrastructure development charges (hereinafterreferred to as the :IDC") levied by DTCP till the date of issue of license areincluded in the consideration for the Unit paid by the Vendee for the said Unit.Any increase in the EDC and /or IDC levied, by whatever name called or inwhatever form and with all such conditions imposed by Haryana Governmentand/ or any competent authority(ies) shall be borne and paid by the Vendee inproportion to the super area ofthe aforesaid "GLOBAL FOYER.

(t) if there is any additional Tax, levy, rate or charge of any kind attributable to thesaid "GLOBAL FOYER) " so developed on the aforesaid Commercial Plot asdetailed on the Scheduled Land as a consequence of any order of theGovernment, Statutory or any other Local Authorities(ies), the same, ifapplicable, shall also be paid by the Vendee on pro-rata basis.

6. That subject to the Vendee observing and performing the terms and covenants containedherein, the Vendee shall have the absolute right to hold, use and enjoy the said Unithereby sold in any manner without interruption or hindrance whatsoever from theVendors or any person or persons claiming under. for or on its behalf.

7. That the endee may assign, transfer, lease or part with the possession of the said Unithereby sold after getting NOC from the maintenance agency/Vendor failing which it shallbe the responsibility of the Vendee to continue to pay any charges pertaining to the saidUnit or whatsoever nature payable under this CONVEYANCE DEED. The Vendee shallalso not sub-divide the said Unit in parts without the prior consent ofthe Vendor.

8. That the persons inducted by the Vendee in premises whether on lease/Licence or under"any other relationship shall be bound by the terns of this Conveyance Deed. Anycontractual obligation between Vendor and such Occupant shall not vary or dischargeobligations of the Vendor as set out in this Deed. Even if the entry or Occupation in theUnit ofthe Vendee by a person/firm/Company is hostile or unauthorized, the same wouldnot absolve the Vendee ofhis obligations as set in herein above.

9. That the Vendee can get the aforesaid Unit transferred and mutated in its own name asowner in the revenue records or of any other concerned authority on the basis of thisCONVEYANCE DEED. However, if the Vendee transfers this Conve.yance Deedthereby transferring the rights in the aforesaid Unit, all subsequent transferee shall bebound by the terms and conditions of this Conveyance Deed.

10. That Vendor shall indemnify and keep indemnified the Vendee from and against alldemands, claim, losses, expense that may be made against or be suffered by the Vendeearising on account of any defect in the title of the plot of and on which the aforesaid"GLOBAL FOYER "is constructed.

Qv


12. The Vendee has verified from .the Vendor, concerned authorities and Vendor has allowedthe Vendee inspection of the plot of land as detailed in First Schedule, building and thebuilding plans, no-objection certificates from the Fire Department, Airport Authority ofIndia and the Occupancy Certificate, the CONVEYANCE DEED, CollaborationAgreement, and notwithstanding anything to the contrary stated and represented herein orelsewhere the Vcndee is satisfied with regard to the right, title, competency and authorityof the Vendor to enter into this Conveyance Deed/ transaction.

FIRST SCHEDULE

ALL THAT the freehold plot of land admeasuring 3.884 acres (15717.859 Square Meters) ofthe land, owned by MIs D.D. Resorts Pvt Ltd., have all necessary legal and validly subsistinglicenses, approvals, consents and permissions for construction of the aforesaid "GLOBALFOYER (Formerly known as CITYSCAPE) ". The details of the said commercial Plot fordevelopment and construction of the Commercial Complex/ "GLOBAL FOYER "is as givenhereunder:Name of Company Village Khasra No. Area Mutation Nos.

(Owners)MIS D.D. Resorts Chakkarpur 537/2/2 Min, 3.884 1395, 1393, 1401, SalePvt. Ltd. $36/2 Min, Acres Deed Yasika No. 10731,.


Min, 517Min 1392, 1399, 1400, 1397,1394, 14I4, 1415, 1417,1416, 1402, 1407, 1405,1403, Sale Deed YasikaNo. 6688, dated07.08.2001, 1408, 1412,1410, 1409, 1411, 1413 and.. Taksim Mutation No.1336

SECOND SCHEDULE

Commercial Unit No. 05 on 07th Floor, having a super area of 1480.058 Sq. Ft. (138 Sq. Mtrs.Appx. ) in the said multi storeyed office cum commercial complex known as "GLOBAL FOYER" as described in the first Schedule hereinabove, situated on the "GLOBAL FOYER (Formerlyknown as CITYSCAPE) ", Sector-43, Gurgaon, Haryana - 122 002, along-with proportionate,undivided, impartible share and interest in the free hold plot of land on which the "GLOBALFOYER " is constructed together with the common right to use the open area, common areas andcommon amenities and facilities to be provided in the said "GLOBAL FOYER "and all mannerof rights, privileges, easements, advantages and appurtenances whatsoever to the said Unit. Thesaid Unit is indicated and bordered in red ink in the plan of the aforesaid Unit appended hereto asAnnexure-A.This is a final document and supersedes all previous agreement.

l2.6 ,

(VENDEE)

Authorisod ::'it"Jr,;,fn -

For PACL lND/A LTD.

/k1_

10

IN \VITNESSES WHEREOF, the parties have executed these presents at the place, day , monthand year as first above wrinen in tr});jence of the under noted.Rm.Ne-33/5-7° r.

%":.a18,For, M/s. D.D. ResortPrivate Limited (''VENDOR")

.\\l '.·,.1;.:J...:, CiurgaoJJl LTD.DD ocsOR1SFor · ,,,_ ·\/----

Auth. Signatory(Authorised Signatory)

WlTNESSES:-1.

2, ea,}«y_ ']) l ( Cr)' fJ. -.Jop=».>

1. L1D.For DD RESORTS

\Au>--/1.ulh Signatory

ANNEXURE-A

11

Floor plan of the floor on which the aforesaid Unit is situated, along with demarcation of the saidUNIT.

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for OD ,1E.:. L1D-

256170

CONVEYANCE-DEED

$f

IIfl Consideration : Rs. I ,95,4 I ,4613/.:.

Stamp Dutv : Rs. 13,67,950/- 1

Bank Receipt No./Dale :GSR/001:256170/12.07.2010Issue By : SBI M~f{rauli Gurgaon Road,GurgaonProject : Globaf FoverUnit No. : 06, o'n ?1h FloorArca : 1636. 125 Sq. Ft.

.'/A r.- ITHIS CONVEYANCE DEED is executed at Gurgaon on this ] Day of. J.~. 20 IO

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BY

M/s D.D. Resorts Private Limited. a company incorporated and validly existing underprovisions of the Companies Act, 1956, having its Registered Office at 6, Jawahar Lal NehruRoad, 4 Floor Kolkata , West Bengal- 700013 and Corporate office at I1 Ring Road, LajpatNagar-IV, New Delhi -1 10024 through its authorized Signatory Mr.Kishorc Kumar AgarwalS/o Late Sh. Ramesh Chand Agarwal resident of B-108, 1" Floor, New Friends Colony NewDelhi - 110065, vide Board of Directors Resolution Dated 02" July 2010, [Hereinafter referredto as the "VENDOR/SELLER" which expression, unless it be repugnant to the context ormeaning their of, shall mean and include its successors in business, Legal representatives,nominees and permitted assigns) of the ONE PART:

IN FAVOUR OF

MIS PACL INDIA LIMITED A COMPANY INCOROPRATED UNDER THECOMPANIES ACT, 1956, HAVING ITS CORPORATE OFFICE AT 7"" FLOOR GOPALDAS BHAWAN, 28 BARAKHAMBA ROAD, NEW DELHI-110001 through its authorizedsignatory Mr.Vipin Singh Bisht So Mr.Bag Singh Bisht vide Board of Directors ResolutionDated 10" June 2010,[hereinafter . called the VENDEE" which expression, unless it berepugnant to the context· or meaning thereof, shall mean and include its successors, legalrepresentatives, executors and assigns] ofthe OTHER PART.

(Hereinafter Vendor and JVendee are collectively referred to as "Parties" and individually as"Party" as the context demands)


(a) The Vendor is the absolute owner of a Plot of land bearing Khasra No. 537/2/2, 536/2,535/1, 533/1/1/2, 517 measuring 3.884 Acres situated in the revenue estate of VillageChakkarpur, Sector-43, Tehsil & Distt. Gurgaon by way of revenue documentscomprising of Mutation Nos. 1395, 1393, 1401, 1398, 1394, 1397, 1396, 1400, 1399,1391, 1392, 1413,1403, 1402, 1405, 1404, 1406, 1407, 1408, 1411, 1409, 1410, 1414,1415, 1412, 1417, 1416, and Taksim Mutation No.1336 (hereinafter referred to as the"Commercial Plot), more fully and particularly described in the FIRST SCHEDULE,hereinunder;

(b) The Vendor/Seller has obtained licenses Nos.31, 32, 33, and 34 of2004 and the same arelegally valid and subsisting (hereinafter referred to as the "Licenses"), from the DirectorToyn and Country Planning, Chandigarh (hereinafter referred.to as the "DTCP") fordevelopment ofa commercial colony on the said Commercial Plot.

(c) The Vendor has completed construction and development of the aforesaid CommercialComplex through Mis. D.D. Resorts Pvt. Ltd. and has agreed lo name of the saidCommercial Colony to be developed on the aforesaid Commercial Plot as "GLOBALFOYER (Formerly known as CITYSCAPE,) " ( hereinafter referred to as the"Commercial Complex/GLOBAL FOYER ); .


Tfi:fff,"

132.Book No.Reg. Year:20 I 0-20 l l

Reg. No.·10289

fa±.r,;fWrJT

A..Kishon: Kumar Aggarw:il ··---- -----<--··

~rfl /J-iJJThro-VipinSingh _ l'-1:!!!J=:=--

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R=ifco 15/07/2010

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•·----- --·----------·-··--- --- ---------- ----. -- -------- --- ·•···------------- ·- -· --------- ·- .. ·--

rue Department {larana

1333

Plot aJongiwith the consm1ctions thereupon and the right to use the common areas andfacilities therein.


AND WHEREAS, the Vendor vide Buyer's Agreement ·dated 10.07.2010 agreed to transfer,sell, convey to the Vendee and the Vendee agreed to purchase Unit No. 06, on ]1rl Floor, havinga super area of 1636.125 Sq. Ft (152 Sq. Mrs. App ) with proportionate, undivided,impartiable share and interest in the aforesaid Commercial Plot, on which the aforesaid"GLOBAL FOYER) " is developed and constructed together with the right to use the open area,common areas, and common amenities, and facilities i.e. staircases, lifts, entrances, and exits ofthe aforesaid Commercial Complex, water supply arrangement and installation i.e. power, light,"sewerage, etc. and including all easement rights attached therewith (hereinafter referred to as thesaid "Unit") more fully and particularly described in the SECOND SCHEDULE hereunderwritten and the floor plan appended hereto as ANNEXURE-A, demarcating the aforesaid Unit'

AND WHEREAS, the Vendor has assured the Vendee that the said Unit is Saleable and hasagreed to sell and the Vendee has agreed to purchase the aforesaid Unit for a total considerationof Rs.1,95,41,468/ (Rupees One Crores Ninety Five Lacs Forty One Thousand FourHundred Sixty Eight Only) free from all encumbrances, liens, lis pendens, charges, claims,demands, actions, attachments, trusts, prior agreements whatsoever or howsoever, on the termsand conditions hereinafter recorded and the Vendor had agreed to convey the title ofthe aforesaidUnit in favour ofthe Vendee on the· terms and conditions given herein below:

NOW THEREFOR THIS DEED CONVEYANCE WITNESSETH AS UNDER :

1. That in consideration for a sum ofRs. 1,95,41,468/ (Rupees One Crores Ninety FiveLacs Forty One Thousand Four Hundred Sixty Eight Only), already paid by the.Vendee to the Vendor, the Vendor hereby sell, transfer and convey the aforesaid UnitNo. 06, on 7 Floor, having a super area of 1636.125 Sq. Ft. (152 Sq. Mtrs. App. ) inthe aforesaid "GLOBAL FOYER (Formerly knowll as CITYSCAPE)'", situated inVillage Chakkerpur, Sector-43, Golf Course Road, Gurgaon;Haryana -122 002along-with the proportionate, undivided, impartible share in the land and interest in andusage of the said common areas and common amenities and facilities to be provided inthe said "GLOBAL FOYER) "together with all sorts/ manner of rights, privileges,

· easements, advantages, appendages and appurtenances whatsoever to the said Unit, morefully and particularly described in the Second Schedule and the Annexure-A, appendedhereto and to hold, possess and enjoy the said Unit, free from all encumbrances, charges,liens, lis pendens, attachments, trusts, prior agreements, whatsoever or howsoever.

2. That Vendor hereby confirms and acknowledges the receipt of the total sale considerationin respect of the said Unit and that there is nothing due from the Vendee towards the saleconsideration in respect of the said Unit and the Vendor hereby acquit, release anddischarge the Vendee in respect of the sale consideration of the said Unit.

3. That, with consent of the Vendee herein, the aforesaid Unit has been-handed over by theVendor to the Vendee herein. absolutely and forever, and the Vendee acknowledgeshaving taken over the possession of the same to itsihis/her entire satisfaction complete inall respects without any defects or deficiency of any kind

For DD RESORTS 7.LID,

4

13¥That Vendor hereby assure, represent and covenant to the Vendee as hereunder:

(a) That the Vendee , subject to the provisions of the maintenance agreement, shallbe entitled to the following rights in common with the other occupant/ owners ofthe other Units in the aforesaid "GLOBAL FOYER, which shall be subject torules and regulations made by the Vendor and/or the maintenance agencyappointed by the Vendor:



(b). That notwithstanding anything contained herein or elsewhere, it has been clearlyunderstood and agreed to by and between the Parties that the maintenance ofcommon areas/ facilities, supervision and services to the "GLOBAL FOYER)"shall be undertaken and handled by a maintenance agency appointed/ nominatedby the Vendor from time to time (hereinafter referred to as the "MaintenanceAgeucy''). The Vendee hereby has consented and execute the maintenanceagreements. The proportionate monthly charges, by whatever name called, shallbe borne by the Vendee and the purchasers/ occupants of individual units of thearea, as may be fixed/ applicable from time lo time. The Vendee shall be entitledto use all common passages and common facilities in connection with the use andoccupation of the aforesaid Unit subject to the payment of such charges, whichmay be levied from time to time by the Maintenance Agency. ·


..(a) the entire plot of land on which the aforesaid "GLOBAL FOYER " is

constructed, the superstructure constructed thereon and infra-structural facilitiesprovided therein shall remain under the possession, control and management oftheVendor and/ or the Maintenance Agency (nominated or appointed by Vendor)and the owner/ occupants ofthe individual Units/ portions/ spaces shall be boundby the rules and regulations made by the Maintenance Agency for the betterenjoyment of the building known as "GLOBAL FOYER "and a separatemaintenance agreement, which shall be in the standard fonn as will be decidedby the Maintenance Agency, for the entire complex, and will be executedbetween the Vendee and the Vendor and/or the Maintenance Agency in thisregard. The said maintenance agreement shall, inter alia, exhaustively defines thescope of maintenance of various services and facilities and the charges payableby the Vendee in respect thereof;

(b) save and except the said Unit, the Vendee shall have no claim, right, title orinterest of any nature or kind over or in respect of all or any open spaces,common arcas! facilities/ equipment infra-structure, lobbies, staircases, lifts,

5


(c) the Vendor shall always have the right to make additions, raise additional floorsor put upon additional structures, as may be permitted by the competentauthorities and such additional space/ areas/ structures/ floors shall be soleproperty ofVendor, who shall have unfettered rights inter-alia to dispose off thesame or any part thereof, without any interference on the part of the Vendee(individually) or collectively by one or more vendee(s)/ purchaser(s)/ occupant(s)ofthe other units in the aforesaid "GLOBAL FOYER ".

(d) the Vendee shall use the said Unit for permitted/ lawful purposes only and not tocarry on or permit to be carried on the aforesaid Unit or in any part thereof anyactivities which shall be or are likely to be in contravention to the statutory byelaws, rules and regulations, or unlawful, obnoxious or of nuisance, annoyance ordisturbance to other occupants of the building/ "GLOBAL FOYER (Formerlyknown as CITYSCAPE) " or store any goods of hazardous or combustible natureor which are heavy so as to affect the construction or the structure of the saidbuilding/ "GLOBAL FOYER "or any part thereofor in any manner interfere forcommon use;

(e) at the time of renovating, refurnishing, decoration, installing any equipment,furniture, machinery, partition, false ceiling, etc., as also for using aforesaid Unit,the Vendee (or their nominee/ tenants) shall absolutely regard the fire safetylaws, and all other rules and procedure in its letter and spirit. The Vendee (ortheir nominee/ tenants) shall be bound to take a prior permission from Vendor/Maintenance Agency, Fire Department and any other concerned authorities/department. before undertaking any such job;

(D) Vendor shall be entitled to connect the electric, water, sanitary, power backup, airconditioning and drainage fittings on the additional structure(s)/ storey(s) withthe existing electric, water, ·sanitary, generator based power back up, airconditioning and drainage sources. Further, the terrace ofthe building includingthe parapet walls, shall always be the property of the Vendor and the agreementswith the Vendee and/ or with the other vendees/ buyersl purchasers of the Unitsin the said building shall be subject .to the aforesaid rights of the Vendor, whoshall be entitled to construct and use the said terrace and the parapet walls for allpurposes including, but not limited to, the display of advertisements and signboards or open air restaurant and the Vendor shall always have the right ofeasement to roof, parapet walls. Further, Vendor shall have the right to put upboards in common areas. The Vendee hereby gives consent to the above andagrees that the Vendee shall not be entitled to raise objection or make any claimor claims of any reduction in the price of the said Unit agreed to be acquired bythe Vendee and/ or to any compensation or damages on the ground ofinconvenience or any other ground whatsoever;


(h)

)

0)

(k)

(I)

(m)

6

payable separately by the Vendee in proportion to the area of the said Unitpurchased by him is-d-vis premium payable by Vendor and/ or MaintenanceAgency for the building. The contents, fixtures and fittings installed in theaforesaid Unit shall, however, be got insured by the Vendee/ occupier al its owncost;

the Vendee or anyone claiming under or through Vendee shall not decorate theexterior ofthe aforesaid Unit otherwise than in the manner agreed to with Vendoror in the manner as similar as may be in which the same was previouslydecorated; close the verandahs or lounges or balconies or common passage orcommon corridors even if a particular floor(s) is occupied by the same party/Vendee, make any alterations in any elevation and outside color scheme· of theexposed walls of the verandah lounge or any external walls or both the faces ofexternal doors and windows ofthe aforesaid Unit which in the opinion ofVendordiffer from the color scheme ofthe building;

the Vendee (or its nominee/ tenants) shall not display or be permitted to displayname and address ofthe occupant of the aforesaid Unit at any place(s), other thanas may be permitted by the Vendor and not to put up any name or sign board,publicity or advertisement material on the external facet of the building/"GLOBAL FOYER " or anywhere in the common areas without the priorapproval of the Vendor in writing. All advertising rights in the entire building/"GLOBAL FOYER" including the right to use of terrace and roofand/ or below/outside the boundary wall of the said building, its peripheries exclusively vestwith Vendor;

the Vendee hereby covenants to keep and maintain the aforesaid Units, peripherywalls, partition walls and sewers, drains, pipes and appurtenances thereto orbelonging thereto in the same good tenantable repair, state, order and condition inwhich it has been delivered to the Vendee and in particular, so as to support,shelter and protect all parts ofthe building other than the said Unit;

the Vendee shall not let, sub-let, underlet, assign, lease, transfer, part with or inany way encumber the said Unit till all dues, ofany nature whatsoever, owing toVendor/ Maintenance Agency or payable hereunder are fully paid before any ofthe above right is exercised and the Vendee obtains a-no-dues certificate fromVendor/ Maintenance Agency for this purpose, which no-due certificate, shall notbe unreasonably withheld;

nothing contained in these presents shall, however, be construed to confer uponthe Vendee the rights, title or interest to grant, lease, demise or assign in the saidCommercial plot upon which the said "GLOBAL FOYER " is constructed or inthe rest of the building, except the aforesaid Unit and the proportionate,undivided, impartible rights relating thereto in the land underneath;

all the transferees of the Vendee's interest in the said Unit including thesubsequent owners of the Unit, hereby being sold sha!I always be bound by theterms and conditions of this CONVEYANCE DEED and shall adhere andconform to the provisions of the Maintenance Agreement executed by theVendee;

7

13%(n) furthermore, if the Vendee defaults in making payment of the amount due and

payable as above for its proportionate share ofthe maintenance charges, its shareofproportionate charges for the sinking fund (if any) to provide for replacementsin the said building, then Vendor shall, after giving ten (10) working days notice,be entitled to lock-up/ stop/ disconnect/ discontinue any or all the facilities/services to the aforesaid Unit, till such time that all the above dues are paid infull. The Vendee has also agreed that in the event of the Vendee failing to payany dues to the Vendor or its nominated Maintenance Agency as may becomepayable by the Vendee to the Vendor at any time, the Vendor shall have the firstclaim and charge on the aforesaid Unit hereby sold.

This right of Vendor shall be apart from the right to recover the charges withminimum interest of 24% p.a. from the Vendee and/or from the occupier of thesaid Unit from out of the rent payable to the Vendee through the process ofcourtor otherwise. Besides the Vendee undertakes to pay caution money/ securitydeposit for payment of common outgoing/ maintenance charges/ sinkirig fundcharges. Such deposit money will not bear any interest; ·


(p). at present the fire safety measures at the said building/ "GLOBAL FOYER "have been provided as per the existing fire safety code/ regulations. If, however,due to any subsequent legislation(s), Government Regulation, Order ordirective(s) or guidelines or if deemed necessary by Vendor , any further firesafety measures are to be undertaken due to additional requirement imposed bythe concerned authorities or for the better and/or more purposeful enjoyment ofthe said building, proportionate additional cost in respect thereof shall also bepayable on demand by the Vendee;

(q) the said Unit is a part of and located in .. the building complex known as"GLOBAL FOYER ". It is in the interest of the Vendee, occupants, owners ofdifferent spaces in the building complex that the entry to the building complex beregulated and some safeguard be provided to prevent entry of unauthorizedpersons in the building complex, including the common areas and to give aneffective band to Vendor or the Maintenance Agency appointed by Vendor todeal with such unlawful entrants/ loiters/ peddlers, etc., and also to enableVendor or the Maintenance Agency appointed by Vendor in particular and theVendee and/or occupants/ owners of the various spaces in general, to deal moreeffectively with the security ofthe "GLOBAL FOYER"andmaintenance ofordertherein. For this purpose, the Vendee agrees that Vendor or the MaintenanceAgency appointed by Vendor shall be free to resist the entry at the outer gateitself. In case of insistence, the security staff will be at liberty to call upon theVendee/ occupants/ lawful owners to the gate and personally escort the person(s)from the gate to its office space/ premises/ said Unit and assume theresponsibility of escorting them out as well. It is, however, clarified that duringoffice hours, this restriction will be exercised only sparingly but beyond officeworking hours it will be exercised generally. The provision of this clause, will


1388


(s). the proportionate amount of the external development charges (hereinafterreferred to as the "EDC") or the infrastructure development charges (hereinafterreferred to as the :1DC") levied by DTCP till the date of issue of license areincluded in the consideration for the Unit paid by the Vendee for the said Unit.Any increase in the EDC and /or IDC levied, by whatever name called or inwhatever fonn and with all such conditions imposed by Haryana Governmentand/ or any competent authority(ies) shall be borne and paid by the Vendee inproportion to the super area of the aforesaid "GLOBAL FOYER".



7. That the Vendee may assign, transfer, lease or part with the possession of the said Unithereby sold after getting NOC from the maintenance agency/Vendor failing which it shallbe the responsibility of the Vendee to continue to pay any charges pertaining to the saidUnit or whatsoever nature payable under this CONVEYANCE DEED. The Vendee shallalso not sub-divide the said Unit in parts without the prior consent ofthe Vendor .

8. That the persons inducted by the Vendee in premises whether on lease/Licence or underany other relationship shall be bound by the terms of this Conveyance Deed. Anycontractual obligation between Vendor and such Occupant shatl not vary or dischargeobligations of the Vendor as set out in this Deed. Even if the entry or Occupation in theUnit of the Vendee by a person/firm/Company is hostile or unauthorized, the same wouldnot absolve the Vendee ofhis obligations as set in herein above.


IO. That Vendor shall indemnify and keep indemnified the Vendec from and against alldemands, claim, losses, expense that may be made against or be suffered by the Vendeearising on account of any defect in the title of the plot of land on which the aforesaidGLOBAI FOYER "is constructed.

139g



FIRST SCHEDULE'

ALL THAT the freehold plot of land admeasuring 3.884 acres (15717 .859 Square Meters) ofthe land, owned by MIs D.D. Resorts Pvt. Ltd., have all necessary legal and validly subsistinglicenses, approvals, consents and permissions for construction of the aforesaid "GLOBALFOYER (Formerly known as CITYSCAPE) ". The details of the said commercial Plot fordevelopment and construction of the Commercial Complex/ "GLOBAL FOYER "is as given

hereunder·Name ofCompany Village Khasra No. Arca Mutation Nos.

(Owners)Mis D.D. Resorts Chakkarpur 537/2/2 Min, 3.884 1395, 1393, 1401, Sale

Pvt. Ltd.536/2 Min, Acres Deed Yasika No. 10731,

535/1, dated 02.11.2001 and

533/1/1/2 Mutation No. 1398, 1391,

Min, 5 17Min 1392, 1399, 1400, 1397,1394, 1414, 1415, 1417,1416, 1402, 1407, 1405,1403, Sale Deed YasikaNo. 6688, dated07.08.2001, 1408, 1412,1410, 1409, 1411, 1413 andTaksim Mutation No.1336 i

SECOND SCHEDULE

Commercial Unit No. 06 on 07h Floor, having a super area or 1636.125 Sq. Ft. (152 Sq. Mtrs.Appx. ) in the said multi storeyed office cum commercial complex known as "GLOBAL FOYER"as described in the First Schedule hereinabove, situated on the "GLOBAL FOYER (Formerlyknown as CITYSCAPE) ", Sector-43, Gurgaon, Haryana - 122 002, along-with proportionate,undivided, impartible share and interest in the free hold plot of land on which the "GLOBALFOYER " is constructed together with the common right to use the open area, common areas andcommon amenities and facilitics to be provided in the said "GLOBAL FOYER " and all mannerof rights, privileges, easemc-nls, advantages and appurtenances whatsoever to the said Unit. Thesaid Unit is indicated and bordered in red ink in the plan of the aforesaid Unit appended hereto a5

Annexure-A.This is a final document and superscdes all previous agreement.

I4o

(VENDEE)For PACL !NOIA LTU

{e)_,A.uthorised Si9natorv

10

j'.t.. - -

IN WITNESSES WHEREOF, the patiies have execuled these presents at the place, day , monthand year as first above written in the p~~f ofthe under noted.

{!_€-ffvt /Jo-- 3 4 /""" erFor, M/s. D.D. Resort i !• ,·, ;;yPrivateLimited_fJ~ijDO}~") A::·.·: ;.·:c:d

.....·• ( J !ii fS<l(Jt)


WITNESSES:!. _...=tss

Adv<•c.,ttGURGQN9JeUt Q~l!!HIII

2.

,._r(;> fl.Yfo %,') cf crfy

<go-

14 I

. PACL \NUii-\ .1-or ~

Authorised S ' ..

11

ANNEXURE-A

r.u·.:i :3:gaatory

Fioor plan ofthe floor on which the aforesaid Unit is situated, along with demarcation of lhe saidUNIT. .

D - ~ r:"'(\OT~ T. l1D.for u 1~;c.-:, ., · ·.......l,---

/4 2,

·•I

LTD.rr

.• , ;J .. :::,.. •.. :--- ·· i» t.r

ieeeivc a sum ofR.l..Ra lfbfee« a

s»

CONVEYANCE DEED

256175

0,rnrneonly)

Government ofHaryapa

Consideration : Rs.1,95,41,468/Stamp Duty : Rs. 13,67,950/-.,Bank Receipt No./Date :GSR/00 I :256175/12.07.20 IOlssue By : SBI Mehrauli Gurgaon Road,GurgaonProject : Global FoyerUnit No. 07, on•71h FloorArea 1636;.12$ Sq. Ft.

~ C' (lTHIS CONVEYANCE DEED is executed at Gurgaon on this If' Oa\' of .JuY.4 .. :?O IO__u_ - d

~ ... iu.

10297

«yfe=ares 15/07/201 0

~ wt.fr fcrcrorr

sl6 cfiT ;;rq CONVEYANCE WITH IN 1v!C AREAn e;ffl 1':'"f/f!q-mffiffi •],slliql

Tffcf/"!?fITT ager razq., wt.fr fcfc'RuT

uft [ tp; 'Rf"P:j eel anr{ 19,541,468.oo rn "Rfi:tj e4et cb7" um 1,367,950.00u?t

Rzvr i:ifr13 cfil. um 15,000.00~ irfwl gen 2.oom'Fq<j

Dra ttcd By: Rajbir Smgh . AdY.

<.ff. ~ m 1e:1Tct> I5i07!10I0 fea nart +rz1 at sit/sjjut/ant Ms DD resors

:vf/gm/'«91 q;ff/~il-J,il~ f.'!cm:ft 11.Rin!!Ro.:d,LajpatNagar-lV.NEwDclhi~ 9-:iilcfi{ti1 ~ fl«!,t1

~TP-TTI

~-~ Mrs DD rcsorl, thru Kishorc Kumar Aggarwal(OTI !FR I

~lcRf fmRlT cf ~11/#.fi:@1/9141{1 Thro-Vipin Singh

""/-.r,\s-0~ 3lf"'6TiilJmTcU

f.:rc!rm Adv. gurgaon cf w'rl?lil-kll~ Bhanu Prat,1p :Pf/yit/t:rc9r ~frl#.11:iefr~fl Gauri Sh:mkar f-icfm'r Hno. 2. Bodlu

!\l:1i;g, DLF-I, Qurguon -;) "!;JI~f2:IT °;:[; 1 cfiT ~~hTT~.rcfcRIT cF, "f.'"CI ii .ill-1~ f <Tin % ma.ft ~= '} <ITT 1:j"i'\'ef'Fl cf;Tcil ~I

l5i07/2010

Hn1.·nut· ()epai-tnwnl lllln,lll:t '\IC-IJSl

1452

BY

MIs D.D. Resorts Private Limited. a company incorporated and validly existing underprovisions of the Companies Act, 1956, having its Registered Office at 6, Jawahar Lal NehruRoad, 4111 Floor Kolkata, West Bengal- 700013 and Corporate office at 11 Ring Road, LajpatNagar-IV, New Delhi -1 10024 through its authorized Signatory Mr.Kishore Kumar AgarwalS/o Late Sh. Ramesh Chand Agarwal resident of B-108, 151 Floor, New Friends Colony NewDelhi - 110065, vide Board of Directors Resolution Dated 02" July 2010, [Hereinafter referredto as the "VENDOR/SELLER" which expression, unless it be repugnant lo the context ormeaning their of, shall mean and include its successors in business, Legal representatives,nominees and permitted assigns] ofthe ONE PART:

IN FAVOUR OF

MIS PACL INDIA LIMITED A COMPANY INCOROPRATED UNDER THECOMPANIES ACT, 1956, HAVING ITS CORPORATE OFFICE AT 7"" FLOOR GOPALDAS BHAWAN, 28 BARAKHAMBA ROAD, NEW DELHI-110001 through its authorizedsignatory Mr.Vipin Singh Bisht S/o Mr.Bag Singh Bisht vide Board of Directors ResolutionDated 10 June 2010,[hereinafter . called the "VENDEE" which expression, unless it berepugnant to the context or meaning thereof, shall mean and include its successors, legalrepresentatives, executors and assigns] of the OTHER PART.

(Hereinafter Vendor and Vendee are collectively referred to as "Parties" and individually as"Party" as the context demands)


(a) The Vendor is the absolute owner of a Plot of land bearing Khasra No. 537/2/2, 536/2,535/1, 533/1/1/2, 517 measuring 3.884 Acres situated in the revenue estate of VillageChakkarpur, Sector-43, Tehsil & Distt. Gurgaon by way of revenue documentscomprising of Mutation Nos. 1395, 1393, 1401, 1398, 1394, 1397, 1396, 1400, 1399,1391, 1392, 1413,1403, 1402, 1405, 1404, 1406, 1407, 1408, 1411, 1409, I410, 1414,1415, 1412, 1417, 1416, andTaksim Mutation No.1336 (hereinafter referred to as the"Commercial Plot"), more fully and particularly described in the FIRST SCHEDULE,hereinunder;

(b) The Vendor/Seller has obtained licenses Nos.31, 32, 33, and 34-0f 2004 and the same arelegally valid and subsisting (hereinafter referred to as the "Licenses"), from the DirectorTown and Country Planning, Chandigarh (hereinafter referred to as the "DTCP) fordevelopment ofa commercial colony on the said Commercial Plot.

(c) The Vendor has completed construction and development of the aforesaid CommercialComplex through .MIs. D.D. Resorts Pvt. Ltd. and has agreed to name of the saidCommercial Colony to be developed on the aforesaid Commercial Plot as "GLOBALFOYER (Formerly known as CITYSCAPE,) " ( hereinafter referred to as the"Commercial Complex/GLOBAL FOYER ).


I.""

~Ii!

l.. ) I' i

l4b

#I

Book No.

--•wsrbj

Reg. Year2010-2011

Reg. No.10297

fcffi,rll lKishore Kwnar Aggarwal_~~

wTT

Thro-Vipin Singh _

rr-;ri; I:- CL Arorn~______.---l'ft'.ITT, 2:- Rhanu Prntap

=---~ fei;7.rr uiRIT W fch <-N \iffi9 ~ 10.297 ~~ l5i07/2010cITT 7.iefr ';'/; I~ ";f: 9.753 q;

JU : 140 u jftaa ft mar en zail ga u 31faf<ct"o %7' 'B&IT I f~l:.'"G 1: 832 cfi1a1B 'B&1T 52 if 53 i::n: l'i:14cr,I~ Tf<TTI <-IB" '1-ir ~ ~ -;;rrnT "f, % ~~~ !.!«t,ai:finl <lITTTJcITit "9" 3l1B r.fffi!\1Vf.:r.m, 3i7Jaf 1TT W1Fi ~ % I

~ 15/07/2010

Re,l'll"t l>q1;inme11I lian.ina 11-\Hh F\ NI IIS

473


(e) The Vendor/Seller/ has procured all necessary consents, approvals, permissions etc. fromall concerned authorities required for milization of the said commercial plot for,commercial purpose.

ANDWHEREAS, the Vendor vide Buyer's Agreement dated 10.07.2010 agreed to transfer, sell,convey to the Vendee and the Vendee agreed to purchase Unit No. 07, on 7TH Floor, having asuper area of 1636.125 Sq. FL (152 Sq. Mtrs. App. ) with proportionate, undivided,impartiable share and interest in the aforesaid Commercial Plot, on which the aforesaid"GLOBAL FOYER) " is developed and constructed together with the right to use the open area,common· areas, and common amenities, and facilities i.e. staircases, lifts, entrances, and exits ofthe aforesaid Commercial Complex, water supply arrangement and installation i.e. power, light,sewerage, etc. and including all easement rights attached therewith (hereinafter referred to as thesaid "Utiit'') more fu(Jy and particularly described in the SECOND SCHEDULE hereunderwritten and the floor plan appended hereto as ANNEXURE-A, demarcating the aforesaid Unit'

AND WHEREAS, the Vendor has assured the Vendee that the said Unit is Saleable and hasagreed to sell and the Vendee has agreed to purchase the aforesaid Unit for a total considerationof Rs.1,95,41,468/ (Rupees One Crores Ninety Five Lacs Forty One Thousand FourHundred Sixty Eight Only) free from all encumbrances, liens, lis pendens, charges, claims;demands, actions, attachments, trusts, prior agreements whatsoever or howsoever, on the termsand conditions hereinafter recorded and the Vendor had agreed to convey the title ofthe aforesaidUnit in favour ofthe Vendee on the terms and conditions given herein below:

NOW THEREFOR. THIS DEED CONVEYANCE WITNESSETH AS UNDER :

1. That in consideration for a sum of Rs. 1,95,41,468/ (Rupees One Crores Ninety FiveLacs Forty One Thousand Four Hundred Sixty Eight Only), already paid by theVcndec to the Vendor, the Vendor hereby sell, transfer and convey the aforesaid UnitNo. 07, on 7 Floor, having a super area of 1636.125 Sq. Ft. (152 Sq. Mtrs. Appx. ) inthe aforesaid "GLOBAL FOYER (Formerly known as CITYSCAPE) ", situated inVillage Chakkerpur, Sector-43, Golf Course Road, Gurgaon, Haryana -122 002along-with the proportionate, undivided, impartible share in the lad and interest in andusage of the said common areas and common amenities and facilities to be provided inthe said "GLOBAL FOYER) "together with all sorts/ manner of rights, privileges,easements, advantages, appendages and appurtenances whatsoever to "the said Unit, morefully and particularly described in the Second Schedule and the Annexure-A, appendedhereto and to hold, possess and enjoy the said Unit, free from all encumbrances, charges,liens, lis pendens, attachments, trusts, prior agreements, whatsoever or howsoever.

2. That Vendor hereby confirms and acknowledges the receipt of the total sale considerationin respect of the said Unit and that there is nothing due from the Vendee towards the saleconsideration in respect of the said Unit and the Vendor hereby acquit, release anddischarge the Vendee in respect ofthe sale consideration of the said Unit.

3. That, with consent ofthe Vendee herein, the aforesaid Unit has been handed over by theVendor to the. Vendee herein. absolutely and forever, and the Vendee acknowledgeshaving taken over the possession of the same to its/his/her entire satisfaction complete inall respects without any defects or deficiency of any kind.

For DD RESORT ·T· . LTD.

uih. Sicnator~ ,

4

14&That Vendor hereby assure, represent and covenant lo the Vendee as hereunder:

(a) That the Vendee , subject to the provisions of the maintenance agreement, shallbe entitled to the following rights in common with the other occupant/ owners ofthe other Units in the aforesaid "GLOBAL FOYER", which shall be subjedtorules and regulations made by the Vendor and/or the maintenance agencyappointed by the Vendor:



(b). That notwithstanding anything contained herein or elsewhere, it has been clearlyunderstood and agreed to by and between the Parties that the maintenance ofcommon areas/ facilities, supervision and services to the "GLOBAL FOYER)"shall be undertaken and handled by a maintenance agency appointed/ nominatedby the Vendor from timeto time (hereinafter referred to as the "MaintenanceAgency"). The Vendee hereby has consented and execute the maintenanceagreements. The proportionate monthly charges, by whatever name called, shallbe borne by the Vendee and the purchasers/ occupants of individual units ofthearea, as may be fixed/ applicable from time to time. The Vendee shall be entitledto use all common passages and common facilities in connection with the use andoccupation of the aforesaid Unit subject to the payment of such charges, whichmay be levied from time to time by the Maintenance Agency.


(a) the entire plot of land on which the aforesaid "GLOBAL FOYER " isconstructed, the superstructure constructed thereon and infra-structural facilitiesprovided therein shall remain under the possession, control and management ofthe Vendor and/ or the Maintenance Agency (nominated or appointed by Vendor)and the owner/ occupants of the individual Units/ portions/ spaces shall be boundby the rules and regulations made by the Maintenance Agency for the betterenjoyment of the building known as "GLOBAL FOYER "and a separatemaintenance agreement, which shall be in the standard form as will be decidedby the Maintenance Agency, for the entire complex, and will be executedbetween the Vendee and the Vendor and/or the Maintenance Agency in thisregard. The said maintenance agreement shall, inter alia, exhaustively defines thescope of maintenance of various services and facilities and the charges payableby the Vendee in respect thereof:

(b) save and except the said Unit, the Vendee shall have no claim, right, title orinterest of any nature or kind over or in respect of all or any open spaces.common areas! facilities/ equipment! infra-strueturc, lobbies, staircases. lifts,

5

terrace-roof (which shall remain the exclusive property of Vendor). However theVendee shall have right to enjoy mere the use of the open spaces, common areas/facilities/ equipment/ infra-structure, lobbies, staircases, lifts, without claimingany other right thereon;

(c) the Vendor shall always have the right to make additions, raise additional floorsor put upon additional structures, as may be permitted by the competentauthorities and such additional space/ areas/ structures/ floors shall be soleproperty ofVendor, who shall have unfettered rights inter-alia to dispose off thesame or any part thereof, without any interference on the part of the Vendee(individually) or collectively by one or more vendee(s)/ purchaser(s)/ occupant(s)of the other units in the aforesaid "GLOBAL FOYER".

(d) the Vendee shall use the said Unit for permitted/ lawful purposes only and not tocarry on or permit to be carried on the aforesaid Unit or in any part thereof anyactivities which shall be or are likely to be in contravention to the statutory byelaws, rules and regulations, or unlawful, obnoxious or of nuisance, annoyance ordisturbance to other occupants of the building/ "GLOBAL FOYER (Formerlyknown as CITYSCAPE) " or store any goods ofhazardous or combustible natureor which are heavy so as to affect the construction or the structure of the saidbuilding/ "GLOBAL FOYER "or any part thereof or in any manner interfere forcommon use;


(f) Vendor shall be entitled to connect the electric, water, sanitary, power backup, airconditioning and drainage fittings on the additional structure(s)/ storey(s) withthe existing electric, water, sanitary, generator based power back up, air·conditioning and drainage sources. Further, the terrace of the building includingthe parapet walls, shall always be the property of the Vendor and the agreementswith the Vendee and/ or with the other vendees/ buyersl.{Jurchasers of the Unitsin the said building shall be subject to the aforesaid rights of the Vendor, whoshall be entitled to construct and use the said terrace and the parapet walls for allpurposes including, but not limited to, the display of advertisements and signboards or open air restaurant and the Vendor shall always have the right ofeasement to roof, parapet walls. Further, Vendor shall have the right to put upboards in common areas. The Vendee hereby gives consent to the above andagrees that the Verdee shall not be entitled to raise objection or make any claimor claims of any reduction in the price of the said Unit agreed to be acquired bythe Vendee and/ or to any compensation or damages on the ground ofinconvenience or any other ground whatsoever;


For D DO RESORTS .50.

\vvv'--'- '-·'-•-•· '- '· ~- ..Act±; Sic+alory

6


(h) the Vendee or anyone claiming under or through Vendee shall not decorate theexterior of the aforesaid Unit otherwise than in the manner agreed to with Vendoror in the manner as similar as may be in which the same was previouslydecorated; close the verandahs or lounges or balconies or common passage orcommon corridors even if a particular floor(s) is occupied by the same party/Vendee, make any alterations in any elevation and outside color scheme of theexposed walls of the verandah lounge or any external walls or both the faces ofexternal doors and windows of the aforesaid Unit which in the opinion ofVendordiffer from the color scheme of the building;

(i) the Vendee (or its nominee/ tenants) shall not display or be permitted to displayname and address ofthe occupant of the aforesaid Unit at any place(s), other thanas may be permitted by the Vendor and not to put up any name or sign board,publicity or advertisement material on the external facet of the building/"GLOBAL FOYER " or anywhere in the common areas without the priorapproval of the Vendor in writing. All advertising rights in the· entire building/"GLOBAL FOYER " including the right to use of terrace and roofand/ or below/outside the boundary wall of the said building, its peripheries exclusively vestwith Vendor;

(j) the Vendee hereby covenants to keep and maintain the aforesaid Units, peripherywalls, partition walls and sewers, drains, pipes and appurtenances thereto orbelonging thereto in the same good tenantable repair, state, order and condition inwhich it has been delivered to the Vendee and in particular, so as to support,shelter and protect all parts of the building other than the said Unit;

.,

(k) the Vendee shall not let, sub-let, underlet, assign, lease, transfer, part with or inany way encumber the said Unit till all dues, of any nature whatsoever, owing toVendor/ Maintenance Agency or payable hereunder are fully paid before any ofthe above right is exercised and the Vendee obtainsano-dues certificate fromVendor/ Maintenance Agency for this purpose, which no-duecertificate shall notbe unreasonably withheld;

(1) nothing contained in these presents shall, however, be construed to confer uponthe Vendee the rights, title or interest to grant, lease, demise or assign in the saidCommercial plot upon which the said "GLOBAL FOYER " is constructed or inthe rest of the building, except the aforesaid Unit and the proportionate,undivided, impartible rights relating thereto in the land underneath;

(m) all the transferees of the Vendee's interest in the said Unit including thesubsequent owners of the Unit, hereby being sold shall always be bound by theterms and conditions of this CONVEYANCE DEED and shall adhere andconform to the provisions of the Maintenance Agreement executed by theVendee:

For DD RESORTS I LI.\v, '· '· '··. . . '

7 151(n) furthermore, if the Vendee defaults in making payment of the amount due and

payable as above for its proportionate share of the maintenance charges, its shareofproportionate charges for the sinking fund (ifany) to provide for replacementsin the said building, then Vendor shall, after giving ten (IO) working days notice,be entitled to lock-up/ stop/ disconnect/ discontinue any or all the facilities/services to the aforesaid Unit, till such time that all the above dues are paid infull. The Vendee has also agreed that in the event of the Vendee failing to payany dues to the Vendor or its nominated Maintenance Agency as may becomepayable by the Vendee to the Vendor at any time, the Vendor shall have the firstclaim and charge on the aforesaid Unit hereby sold.




(q) the said Unit is a part of and located in the building complex known as"GLOBAL FOYER ". It is in the interest of the Vendee, occupants, owners ofdifferent spaces in the building complex that the entry to the building complex beregulated and some safeguard be provided to preveni entry of unauthorizedpersons in the building complex, including the common areas and to give aneffective hand to Vendor or the Maintenance Agency appointed by Vendor todeal with such unlawful entrants/ loiters/ peddlers, etc., and also to enableVendor or the Maintenance Agency appointed by Vendor in particular and theVendee and/or occupants/ owners of the various spaces in general, to deal moreeffectively with the security of the "GLOBAL FOYER"and maintenance ofordertherein. For this purpose, the Vendee agrees that Vendor or the MaintenanceAgency appointed by Vendor shall be free to resist the entry at the outer gateitself. In case of insistence, the security staff will be at liberty to call upon theVendee/ occupants/ lawful owners to the gate and personally escort the person(s)from the gate to its office space/ premises/ said Unit and assume theresponsibility of.escorting them out as well. It is, however, clarified that duringoffice hours, this restriction will be exercised only sparingly but beyond officeworking hours it will be exercised generally. The provision of this clause, will

For DDE RTS (TD.

i/ %

9

8 152 ·"'-...,_ .

not cast any liability of any kind upon Vendor or Maintenance Agency appointedby Vendor. The cost ofproviding security services shall, however. be part of themaintenance charges;


(s). the proportionate amount of the external development charges (hereinafterreferred to as the "EDC") or the infrastructure development charges (hereinafterreferred to as the :IDC") levied by DTCP till the date of issue of license areincluded in the consideration for the Unit paid by the Vendee for the said Unit.Any increase in the EDC and /or IDC levied, by whatever name called or inwhatever form and with all such conditions imposed by Haryana Governmentand/ or any competent authority(ies) shall be borne and paid by the Vendee inproportion to the super area ofthe aforesaid "GLOBAL FOYER".



7. That the Vendee may assign, transfer, lease or part with the possession of the said Unithereby sold after getting NOC from the maintenance agency/Vendor failing which it shallbe the responsibility of the Vendee to continue to pay any charges pertaining to the saidUnit or whatsoever nature payable under this CONVEYANCE DEED. The Vendee-shallalso not sub-divide the said Unit in parts without the prior consent ofthe Vendor.

8. That the persons inducted by the Vendee in premises whether on lease/Licence or underany other relationship shall be bound by the terms of this Conveyance Deed. Anycontractual obligation between Vendor and such Occupant shalt not vary or dischargeobligations of the Vendor as set out in this Deed. Even if the entry or Occupation in theUnit of the Vendee by a person/firm/Company is hostile or unauthorized, the same wouldnot absolve the Vendee ofhis obligations as set in herein above.


IO. That Vendor shall indemnify and keep indemnified the Vendee from and against alldemands, claim, losses, expense that may be made against or be suffered by the Vendeearising on account of any defect in the title of the plot of land on which the aforesaid"GLOBAL FOYER "is constructed.

9



FIRST SCHEDULE

ALL THAT the freehold plot of land admeasuring 3.884 acres (15717.859 Square Meters) ofthe land, owned by MIs D.D. Resorts Pvt. Ltd., have all necessary legal and validly subsistinglicenses, approvals, consents and pennissions for construction of the aforesaid "GLOBALFOYER (Formerly known as CITYSCAPE) ". The details of the said commercial Plot for .development and construction of the Commercial Complex/ "GLOBAL FOYER "is as givenhereunder:Name ofCompany Village Khasra No. Area Mutation Nos.

(Owners)Mis D.D. Resorts Chakkarpur 537/2/2 Mi, 3.884 1395, 1393, 1401, SalePvt. Ltd. 536/2 Min, Acres Deed Vasika No. 10731,


Min, 517Min 1392, 1399, 1400, 1397,1394 , 1414, 1415, 1417,1416, 1402, 1407, 1405,1403, Sale Deed YasikaNo. 6688, dated07.08.200 I, 1408, 1412,1410, 1409, 1411, 1413 andTaksim Mutation No.1336

SECOND. SCHEDULE

Commercial Unit No. 07 on 07th Floor, having a super area of 1636.125 Sq. Ft. (152 Sq. Mrs.Appx.) in the said multi storeyed office cum commercial complex known as "GLOBAL FOYER,, as described in the First Schedule hereinabove, situated on the "GLOBAL FOYER (Formerlyknown as CITYSCAPE) ", Sector-43, Gurgaon, Haryana - 122 002, along-with proportionate,undivided, impartible share and interest in the free hold plot of land on which the "GLOBALFOYER" is constructed together with the common right to use the open area, common areas andcommon amenities and facilities to be provided in the said "GLOBAL FOYER "and all mannerofrights, privileges, easements, advantages and appurtenances whatsoever to the said Unit. Thesaid Unit is indicated and bordered in red ink in the plan of" the aforesaid Unit appended hereto asAnnexure-A.This is a final document and supersedes all previous agreement.

(VENDEE)

For P.1\CL INDIA LTD

(JgJ_

~'ti;\), ~10 15¥ .,

'·-

'T. LTD.

IN WITNESSES WHEREOF, the parties have executed these presents at the place, day , monthand year as first above written in the presence of the under noted.P--"'-{f"'· tJv - 3,c;-} /J', 1~1"o/'-

For, Mis. D.D. Resort · · . r....Private Limited ("VENDOR") , ,,.,.

SlNGH·· Gurga011

(Authorised Signatory) Au:1,orised Sinnaton

WITNESSES:-1. -.C.L.

dccatcl;:ll&Jtt d~IHH, Q.Vf.Ql'ION

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>(u {!, /J.oe/1,.; ,t{c;Yv ✓ erly IA~ -_l«p

Floor plan ofthe floor on which the aforesaid Unit is situated, along with demarcation of the saidUNIT.

ANNEXURE -A

11

i

02] CJ(

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15

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For DC · .-.i... c.:. '-- T.LTD.

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2 5617·6.

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CONVEYANCE DEED

Consideration Rs.1,95,4 1,468/Stamp Duty Rs. 13,67,9.60/-Bank Receipt No/Date :GSR/001:256176/12.07.2010fssuc By SBI l\'lehrauli Gurgaon Road,GurgaonProject Glolfal FoyerUnit No. 08, on ih FloorArca 1636.125 Sq. Ft.- r- 0 I

THfS CONVEYANCE DEED is executed at Gurga.\11 on tl11s Jj_ Day orJiJ:J ·· 2010

10310~16 ~cfT fcr<TTuT--··•·•·-------- --

P~•licf> 15/07/2010

CONVEYANCE \VITI-I INMC AREA~"tz,rft.rq.~ ~

nia/net ggsr##ae

II

uf.ri 1-JJ~ -n: m~ wm 19,541,468.00m

{(,.,H.-i!~H ~ c!TT m1 15,000.QQffl

aqa

Dm!icd By: Rajbir Singh Adv

~ s::'i_i'i c!fr -nm l,367.950.00qt-cifR:rT !.lJ("Ch 2.00m

,:r,; 9~1'\c! ~ Fc.-lici-, 15/07/2010 R1 ~ ~~~'1/':!'m/t«9f efr/>.Q11-Jnf~ f.rcITTfr 6, Jawaha1 Jal Ndu ti Road 4 Flou1 Kolk<1tta irft1 q--.,')cfi{Oi ~t.!, ~

fi:fi7-il TP-ITI

~1 j\ ,J S D.D Resorts Pvt. Ltd. thru Kishor,: Kumar Agarwal(ffll!ER}

3rtra fain a ft/fa/sari Vipin Singh Bisht

f;rcrr,m Ad\ gurgaon cf efr/d"14ct11 "l:'/li fl Bhanu P,11i,1p -'.P1/ 351')/qF:jj efr/~i >l\"11/ci_:;/-llfl Chiuri Shankm f:fim:ft 2 fl0Jh1gan1

Dlffity-1 Gurg;.ion "=i elillBT?.il 1: 1 #l z 7raver/3ifrarl au sr a % T:fi)!:TT -;r: 2 cl'i1 ~ <r,ral ?."I

fni 15/07/2010

-~------ ------------!{1--. nrm· !l1·part111<:nl I Ian ,111:, AI ARIS FA '\IC-l!Sl

2

BY

MIs D.D. Resorts Private Limited. a company incorporated and validly ex1stung underprovisions of the Companies Act, 1956, having its Registered Office at 6, Jawahar Lal NehruRoad, 4 Floor Kolkata , West Bengal- 700013 and Corporate office at 11 Ring Road, LajpatNagar-IV, New Delhi -I 10024 through its authorized Signatory Mr.Kishore Kumar AgarwalS/o Late Sh. Ramesh Chand Agarwal resident of B-108, 1" Floor, New Friends Colony NeDelhi - 110065, vide Board ofDirectors Resolution Dated 02" july 2010, [Hereinafter referredto as the "VENDOR/SELLER" which expression, unless it be repugnant to the context ormeaning their of, shall mean and include its successors in business, Legal representatives,nominees and permitted assigns] ofthe ONE PART;

IN FAVOUR OF

MIS PACL INDIA LIMITED A COMPANY INCOROPRATED UNDER THECOMPANIES ACT, 1956, HAVING ITS CORPORATE OFFICE AT 7"" FLOOR GOPALDAS BHAWAN, 28 BARAKHAMBA ROAD, NEW DELHI-110001 through its authorizedsignatory Mr.Vipin Singh Bisht S/0 Mr.Bag Singh Bisht vide Board of Directors ResolutionDated 10 June 2010,[hereinafter called the VENDEE" which expression, unless it berepugnant to the context or meaning thereof, shall mean and include its successors, legalrepresentatives, executors and assigns] of the OTHER PART.



(a) The Vendor is the absolute owner of a Plot of land bearing Khasra No. 537/2/2, 536/2,535/1, 533/1/1/2, 517 measuring 3.884 Acres situated in the revenue estate of VillageChakkarpur, Sector-43, Tehsil & Distt. Gurgaon by way of revenue documentscomprising of Mutation Nos. 1395, 1393, 1401, 1398, 1394, 1397, 1396, 1400, 1399,1391, 1392, 1413,1403, 1402, 1405, 1404, 1406, 1407, 1408, 141 I, 1409, 1410, 1414,1415, 1412, 1417, 1416, and Taksim Mutation No.1336 (hereinafter referred to as the"Commercial Plot"), more fully and particularly described in the FIRST SCHEDULE,hereinunder;

(b) The Vendor/Seller has obtained licenses Nos.31, 32, 33, and 34 of2004 and the same arelegally valid and subsisting (hereinafter referred to as the "Licenses"), from the DirectorTown and Country Planning, Chandigarh (hereinafter referred to as the "DTCP") fordevelopment ofa commercial colony on the said Commercial Plot.

(c) The Vendor has completed construction and development of the aforesaid CommercialComplex through Mis. D.D. Resorts Pvt. Ltd. and has agreed to name of the saidCommercial Colony to be developed on the aforesaid Commercial Plot as "GLOBALFOYER (Formerly known as CITYSCAPE,) " ( hereinafter referred to as the"Commercial Complex/GLOBAL FOYER); .

. (d) The Vendor/seller represents and warrants to the Vendee herein that the Vendor/Seller isentitled to deal with the Built-up area together with proportionate undivided, indivisibleand impartible ownership rights and share in the land underneath in the said commercial

T[cffii

loBook No.Reg. Year2010-2011

Reg. No.10310

frKishore Kumar Aaara] \W-n--<.-~ .

w:niura Jcti<-11 ~ ~ fcF. <& ~ ~ 10,310 ~ K-'lfcF: 15/07/2010 'cfi1 ~ -::r: l -~ 9: 9,753 'cR'"TB :.:i: 140 q jiaa fa ma an zat 'Q;cfi" ffl ~ %1 ~ I ~ 1: 832 ci;-

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fenra 15/07/2010

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- - ·-·------··--·---··---·

3


(e) The Vendor/Seller/ has procured all necessary consents, approvals, permissions etc. fromall concerned· authorities required for utilization of the said commercial plot forcommercial purpose.

AND WHEREAS, the Vendor vide Buyer's Agreement dated 10.07.2010 agreed to transfer,sell, convey to the Vendee and the Vendee agreed to purchase Unit No. 08, on 7TH Floor, havinga super area of 1636.125 Sq. Ft (152 Sq. Mtrs. AppX. ) with proportionate, undivided,impartiable share and interest· in the aforesaid Commercial Plot, on which the aforesaid"GLOBAL FOYER)" is developed and constructed together with the right lo use the open area,common areas, and common amenities, and facilities i.e. staircases, lifts, entrances, and exits ofthe aforesaid Commercial Complex, water supply arrangement and installation i.e. power, light,sewerage, etc. and including all easement rights attached therewith (hereinafter referred to as thesaid "Unit") more fully and particularly described in the SECOND SCHEDULE hereunderwritten and the floor plan appended hereto as ANNEXURE-A, demarcating the aforesaid Unit'

AND WHEREAS, the Vendor has assured the Vendee that the said Unit is Saleable and hasagreed to sell and the Vendee has agreed to purchase the aforesaid Unit for a total considerationof Rs.1,95,41,468/ (Rupees One Crores Ninety Five Lacs Forty One Thousand FourHundred Sixty Eight Only) free from all encumbrances, liens, lis pendens, charges, claims,demands, actions, attachments, trusts, prior agreements whatsoever or howsoever, on the termsand conditions hereinafter recorded and the Vendor had agreed to convey the title of the aforesaidUnit in favour of the Vendee on the terms and conditions given herein below:

NOW THEREFOR. THIS DEED CONVEYANCE WITNESSETH AS UNDER:

1.

2.

3.

That in consideration for a sum ofRs. 1,95,41,468/ (Rupees.One Crores Ninety FiveLacs Forty One Thousand Four Hundred Sixty Eight Only), already paid by theVendee to the Vendor, the Vendor hereby-sell, transfer and convey the aforesaid UnitNo. 08, on 7'h Floor, having a super area of 1636.125 Sq. Ft. (152 Sq. Mrs. Appx. ) inthe aforesaid "GLOBAL FOYER (Formerly known as CITYSCAPE) ", situated inVillage Chakkerpur, Sector-43, Golf Course Rod, Gurgaon,11aryana -122 002along-with the proportionate, undivided, impartible share in the land and interest in andusage of the said common areas and common amenities and facilities to be provided inthe said "GLOBAL FOYER) "together with all sorts/ manner of rights, privileges,easements, advantages, appendages and appurtenances whatsoever to the said Unit, morefully and particularly described in the Second Schedule and the Annexure-A, appendedhereto and to hold, possess and enjoy the said Unit, free from all encumbrances, charges.liens, lis pendens, attachments, rusts, prior agreements, whatsoever or howsoever.That Vendor hereby confirms and acknowledges the receipt of the total sale considerationin respect of the said Unit and that there is nothing due from the Vendee towards the saleconsideration in respect of the said Unit and the Vendor hereby acquit. release anddischarge the Vendee in respect of the sale consideration of the said Unit. ·.That, with consent of the Vendee herein, the aforesaid Unit has been handed over by theVendor to the Vendee herein. absolutely and forever, ·and the Veodee acknowledgeshaving taken over the possession o! the same to its/his/her entire satisfaction complete inall respee!s without any defects or deficiency ofany kind.

For DD RESORTS

4tih. Signatory


(a) That the Vendee , subject to the provisions of the maintenance agreement, shallbe entitled to the following rights in common with the other occupant/ owners ofthe other Units in the aforesaid "GLOBAL FOYER", which shall be subject torules and regulations made by the Vendor and/or the maintenance agencyappointed by the Vendor :


(ii) the right to sub-adjacent and lateral support and sheller and protectionfrom the foundations, columns, girders, beams, supports, mainwall andfrom the sides and roofofthe aforesaid Unit;

(b). That notwithstanding anything contained herein or elsewhere, it has been clearlyunderstood and agreed to by and between the Parties that the maintenance ofcommon areas/ facilities, supervision and services to the "GLOBAL FOYER)"shall be undertaken and handled by a maintenance agency appointed/ nominatedby the Vendor from time to time (hereinafter referred to as the "MaintenanceAgency"). The Vendee hereby has consented and execute the maintenanceagreements. The proportionate monthly charges, by whatever name called, shallbe borne by the Vendee and the purchasers/ occupants of individual units ofthearea, as may be fixed/ applicable from time to time. The Vendee shall be entitledto use all common passages and common facilities in connection with the use andoccupation of the aforesaid Unit subject to the payment of such charges, whichmay be levied from time to time by the Maintenance Agency.


(a) the entire plot of land on which the aforesaid "GLOBAL FOYER " isconstructed, the superstructure constructed thereon and infra-structural facilitiesprovided therein shall remain under the possession, cem:rol and management ofthe Vendor and/ or the Maintenance Agency (nominated or appointed by Vendor)and the owner/ occupants ofthe individual Units/ portions/ spaces shall be boundby the rules and regulations made by the Maintenance Agency for the betterenjoyment of the building known as "GLOBAL FOYER "and a separatemaintenance agreement, which shall be in the standard form as will be decidedby the Maintenance Agency, for the entire complex, and will be executedbetween the Vendee and the Vendor and/or the Maintenance Agency in thisregard. The said maintenance agreement shall, inter alia, exhaustively defines thescope of maintenance of various services and facilities and the charges payableby the Vendee in respect thereof;

(b) save and except the said Unit, the Vendee shall have no claim, right, title orinterest of any nature or kind over or in respect of all or any open spaces,common areas! facilities/ equipment infra-structure, lobbies, staircases, lifts,

135

terrace-roof (which shall remain the exclusive property ofVendor). However theVendee shall have right to enjoy mere the use ofthe open spaces, common areas/facilities/- equipment/ infra-structure, lobbies, staircases, lifts, without claimingany other right thereon;

the Vendor shall always have the right to make additions, raise additional floorsor put upon additional structures, as may be permitted by the competentauthorities and such additional space/ areas/ structures/ floors shall be soleproperty ofVendor , who shall have unfettered rights inter-al ia to dispose off thesame or any part thereof, without any interference on the part of the Vendec(individually) or collectively by one or more vendee(s)/ purchaser(s)/ occupant(s)ofthe other units in the aforesaid "GLOBAL FOYER".

(d) the Vendee shall use the said Unit for permitted/ lawful purposes only and not tocarry on or permit to be carried on the aforesaid Unit or in any part thereof anyactivities which shall be or are likely to be in contravention to the statutory byelaws, rules and regulations, or unlawful, obnoxious or of nuisance, annoyance ordisturbance to other occupants of the building/ "GLOBAL FOYER (Formerlyknown as CITYSCAPE) " or store any goods ofhazardous or combustible natureor which are heavy so as to affect the construction or the structure of the saidbuilding/ "GLOBAL FOYER "or any part thereof or in any manner interfere forcommon use; .


(f) Vendor shall be entitled to connect the electric, water, sanitary, power backup, airconditioning and drainage fittings on the additional structure(s)/ storey(s) withthe existing electric, water, sanitary, generator based power back up, airconditioning and drainage sources. Further, the terrace of the building includingthe parapet walls, shall a !ways be the property of the Vendor and the agreementswith the Vendee and/ or with the other vendees/ buyers/ purchasers of the Unitsin the said building shall be subject to the aforesaid rights of the Vendor, whoshall be entitled to construct and use the said terrace and the parapet walls for allpurposes including, but not limited to, the display of advertisements and signboards or open air restaurant and the Vendor shall always have the right ofeasement to roof, parapet walls. Further, Vendor shall have the right to put upboards in common areas. The Vendee hereby gives consent to the above andagrees that the Vcndee shall not be entitled to raise objection or make any claimor claims of any reduction in the price of the said Unit agreed to be acquired bythe Vcndee and/ or to any compensation or damages on the ground ofinconvenience or any other ground whatsoever;


..LID0.

6

payable separately by the Vendee in proportion to the area of the said Unitpurchased by him vis-a-vis premium payable by Vendor and/ or MaintenanceAgency for the building. The contents; fixtures and fittings installed in theaforesaid Unit shall, however, be got insured by the Vendeel occupier at its owncost;

(h) the Vendee or anyone claiming under or through Vendee shall not decorate theexterior ofthe aforesaid Unit otherwise than in the manner agreed to with Vendoror in the manner as similar as may be in which the same was previouslydecorated; close the verandahs or lounges or balconies or common passage orcommon corridors even if a particular floor(s) is occupied by the same party/Vendee, make any alterations in any elevation and outside color scheme of theexposed walls of the verandah lounge or any external walls or both the faces ofexternal doors and windows of the aforesaid Unit which in the opinion ofVendordiffer from the color scheme ofthe building;

(i) the Vendee (or its nominee/ tenants) shall not display or be permitted to displayname and address of the occupant of the aforesaid Unit at any place(s), other thanas may be permitted by the Vendor and not to put up any name or sign board,publicity or advertisement material on the external facet of the building/"GLOBAL FOYER " or anywhere in the common areas without the priorapproval of the Vendor in writing. All advertising rights in the entire building/"GLOBAL FOYER" including the right to use ofterrace and roofand/ or below/outside the boundary wall of the said building, its peripheries exclusively vestwith Vendor;

U) the Vendee hereby covenants to keep and maintain the aforesaid Units, peripherywalls, partition walls and sewers, drains, pipes and appurtenances thereto orbelonging thereto in the same good tenantable repair, state, order and condition inwhich it has been delivered to the Vendee and in particular, so as to support,shelter and protect all parts of the building other than the said Unit;

(k) the Vendee shall not let, sub-let, underlet, assign, lease, transfer, part with or in· any way encumber the said Unit till all dues, of any nature whatsoever, owing toVendor/ Maintenance Agency or payable hereunder arc fully paid before any ofthe above right is exercised and the Vendee obtains ano-dues certificate from

. Vendor/ Maintenance Agency for this purpose, which no-due certificate shall notbe unreasonably withheld;

(I) nothing contained in these presents shall, however, be construed to confer uponthe Vendee the rights, title or interest to grant, lease, demise or assign in the saidCommercial plot upon which the said "GLOBAL FOYER" is constructed or inthe rest of the building, except the aforesaid Unit and the proportionate,undivided, impartible rights relating thereto in the land underneath;


1es57

furthermore, if the Vendee defaults in making payment of the amount due andpayable as above for its proportionate share of the maintenance charges, its shareofproportionate charges for the sinking fund (if any) to provide for replacementsin the said building, then Vendor shall, after giving ten (IO) working days notice,be entitled to lock-up/ stop/ disconnect/ discontinue any or all the facilities/services to the aforesaid Unit, till such time that all the above dues are paid infull. The Vendee has also agreed that in the event of the Vendee failing to payany dues to the Vendor or its nominated Maintenance Agency as may becomepayable by the Vendee to the Vendor at any time, the Vendor shall have the firstclaim and charge on the aforesaid Unit hereby sold. ·

This right of Vendor shall be apart from the right to recover the charges withminimum interest of 24% p.a. from the Vendee and/or from the occupier of thesaid Unit from out ofthe rent payable to the Vendee through the process of courtor otherwise. Besides the Vendee undertakes to pay caution money/ securitydeposit for payment of common outgoing/ maintenance charges/ sinking fundcharges. Such deposit money will not bear any interest;



(q) the said Unit is a part of and located in the building complex known as"GLOBAL'FOYER ". It is in the interest of the Vendee, occupants, owners ofdifferent spaces in the building complex that the entry to the building complex beregulated and some safeguard be provided to prevent-entry of unauthorizedpersons in the building complex, including the common areas and to give aneffective hand to Vendor or the Maintenance Agency appointed by Vendor todeal with such unlawful entrants/ loiters/ peddlers, etc., and also to enableVendor or the Maintenance Agency appointed by Vendor in particular and theVendee and/or occupants/ owners of the various spaces in general, to deal moreeffectively with the security ofthe "GLOBAL FOYER"and maintenance ofordertherein. For this purpose, the Vendee agrees that Vendor or the MaintenanceAgency appointed by Vendor shall be free to resist the entry at the outer gateitself. In case of insistence, the security staff will be at liberty to call upon theVendee/ occupants/ lawful owners to the gate and personally escort the person(s)from the gate to its office space/ premises/ said Unit and assume theresponsibility of escorting them out as well. It is. however, clarified that duringoffice hours, this restriction will be exercised only sparingly but beyond officeworking hours it will be exercised generally. The provision of this clause, will



(s). the proportionate amount of the external development charges (hereinafterreferred to as the "EDC") or the infrastructure development charges (hereinafterreferred to as the :DDC") levied by DTCP till the date of issue of license areincluded in the consideration for the Unit paid by the Vendee for the said Unit.Any increase in the EDC and /or JDC levied, by whatever name called or inwhatever form and with all such conditions imposed by Haryana Governmentand/ or any competent authority(ies) shall be borne and paid by the Vendee inproportion to the super area ofthe aforesaid "GLOBAL FOYER".

(t) if there is any additional Tax, levy, rate or charge of any kind attributable to thesaid "GLOBAL FOYER) " so developed on the aforesaid Commercial Plot asdetailed on the Scheduled Land as a consequence of any order of theGovernment, Statutory or any other Local Authorities(ies), the same, ifapplicable, shall also be paid by the Vendee on pro-rata basis.



8. That the persons inducted by the Vendee in premises whether on !ease/Licence or underany other relationship shall be bound by the terms of this Conveyance Deed. Anycontractual obligation between Vendor and such Occupant shall not vary or dischargeobligations of the Vendor as set out in this Deed. Even if the entry or Occupation in theUnit of the Vendee by a person/firm/Company is hostile or unauthorized, the same wouldnot absolve the Vendee ofhis obligations as set in herein above.


10. That Vendor shall indemnify and keep indemnified the Vendee from and against alldemands, claim, losses, expense that may be made against or be suffered by the Vendeearising. on account of any defect in the title of' the plot of land on which the aforesaid"GLOBAL FOYER "is constructed.

9

II. That the stamp duty, registration fee, and any other expenses for registration of thisConveyance Deed is borne by the Vendee.


FIRST SCHEDULE

ALL THAT the freehold plot of land admeasuring 3.884 acres ( 15717.859 Square Meters) ofthe land, owned by M/s D.D. Resorts Pvt. Ltd., have all necessary legal and validly subsistinglicenses, approvals, consents and permissions for construction of the aforesaid "GLOBALFOYER (Formerly known as CITYSCAPE) ". The details of the said commercial Plot fordevelopment and construction of the Commercial Complex/ "GLOBAL FOYER "is as givenhereunder·Name ofCompany Village KhasraNo. Area Mutation Nos.

(Owners)MIs D.D. Resorts Chakkarpur 537/2/2 Mi, 3.884 1395, 1393, 1401, SalePvt. Ltd. 536/2 Min, Acres Deed Yasika No. 1073 I,


Min, 517Min 1392, 1399, 1400, 1397,1394, 1414, 1415, 1417,1416, 1402, 1407, 1405,1403, Sale Deed VasikaNo. 6688, dated07.08.2001, 1408, 1412,I410, 1409, 1411, 1413 and

.. Taksim Mutation No.1336

SECOND SCHEDULE

Commercial Unit No. 08 on 07th Floor, having a super area of 1636.125 Sq. F. (152 Sq. Mrs.Appx.) in the said multi storeyed office cum commercial complex known as "GLOBAL FOYER"as described in the First Schedule hereinabove, situated on the "GLOBAL FOYER (Formerlyknown as CITYSCAPE) ", Sector-43, Gurgaon, Haryana - 122 002, along-with proportionate,undivided, impartible share and interest in the free hold plot of land on which the "GLOBALFOYER" is constructed together with the common right to use the open area, common areas andcommon amenities and facilities to be provided in the said "GLOBAL FOYER" and all mannerof rights, privileges, easements, advantages and appurtenances whatsoever to the said Unit. Thesaid Unit is indicated and bordered in red ink in the plan of the aforesaid Unit appended hereto asAnnexure-A.This is a final document and supersedes all previous agreement.

Authorised Sionntnr

(VENDEE)

For PACL INDlA L1 L,

(M_

10

.\dvocak. {.;;_;rg.,on

IN WITNESSES WHEREOF, the parties have executed these presents at the place, day , monthand year as first above written in the presence ofthe under noted.P.,e011 /Jo ,.. J b J l.!;i". 1 ~ J o

For, M/s. D.D. ResortPrivate Limited ("VENDOR")

for D D es0R 57.

}:.: ":405y


€_9asC.L.~

Ac!Te>Clltf:gttin aukas

WITNESSES:-1.

i

2.

yo#%}g~)\ (A /J)-T::,k,.; i~/11., ·Y/o gz... c(c:rt1..,<..,/J/v..,..kc:v.

a, etllopJ> (._ I- C>1y .. jJ.cv.p -_/

<p.

A±!'1. Signatory

ANNEXURE-A

11

I RESORTS '\ff.lTO.for DD ·\.-'

Floor plan of the fldor on which the aforesaid Unit is situated, along with demarcation of the saidUNIT.

t!.

lri

tj1

?r

/=lo

256177. .:

071/ite

SL No.

GSR/O01

,'<lit to Government ofHa1yci.12;q.. ·... :., .. _:_ il•

recount towards Sta.1i1p))i/ty, · <:' ·. . . ·'

,.'#EA" s +.Ee@#st4#$a:;J •~.•-• ._.,,,,; >l.•·.r.'-.-,r-.,-ATtW.•)J~,rvi '::/V# #c%er;

sureAN«orNile. /247·., . •-:1 • =: -."U:::·.,,-:,. ·\. .. 7 :f_: _

.S,,±±., ts±arr ?odeNa. _. -~~--------"'°·•...'.c:,.,_::·"#+,

' r • ·;. • ~- ..,_ . ;' •:~~~-:-~••?~:. • .• • •.. ·-·; • ; .:__:. r· , •• •·

Rec"eived a~Jm ofRs.. ::::s,:..~~.:c;.,To,.Rupees "----'---'-'-~-,:.;,~t.,;:--J---=-

4to@9ms•' ../;, d/o, mli

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.••-; ·-'.1:·.;.,_,.! 1·,. f-•·

'i¢:4\....,

-"' COJ\1VEYANCE DEED\ O). J Sr,....-

"Consider~tion : Rs.I,95,41,j,681-Stamp Duty : Rs. 13,6VJS0/-Bank Receipt No./Date,:,GSR/001:256177/12.07.2010,Issue By : SBI fylelmrnli Gurgaon Road,GurgaouProject Glo,bal FoyerUnit No. 09, on i" FloorArea 1636.125 Sq. Ft.

THIS CONVEYANCE DEED is executed at G,,,.µa,,n on this Ji+;;;y ofJ.~.. 2010.

l7feaia 15/072010

CONVEYANCE WIT! I IN MC AREA

10290

ER ~t!T fcrcr{uf

fflT f.irn r +zr sei rm{ 19,541,468.00rtf"IB!./H i:iftB efi1 um 1s,ooo.oom

rn

"RJl=Cf ~ c;1 um U67.95o.ooau~ '{rfi 2.00~

Dra fied By; .Rajbir Singh Adv

a ra sn fir# 15/07/2010 fe ·gar ra r.rit :}t/?Jil-!,i)/~q1f1 MiS D.D Rrn,n~ I'\ t l.td

~~/1:R9f m/~/9:i,J.tlfl f.,;;m:ft 6. fawahar !al Nehru Road 4 Flo,.-ir Kolkatk1 1,1U cf.d,'jcfi{Oi %;q_ 1<~

%GfiTFTTt

ITTffi!ITT 1,H-[11cf,ctf

\J-----*MIS D.0 Resorts Pvt Lrd. !hru Kishorc Kumar Agarwal(_OTI-fER)

'3"CITT"cf1f r<!Wil cf i:,fj/~~ Thru• Vipin Smgh B1sht

f.icrR:n Ad\ gurgaon cf m/mqm/91l41~1 Bhmrn Part,1p "9:31/gjr~ efr;~~ Gauri Shankar f.rcm::fl 2 Bndlu I)[ I'

Cit}~-[ Gurgaon. ~ c!TTIma:ri 1: 1 <j;J' i?i ~/3{f~ cf. ~ ii •.il1-ln % am ~ mafi 1: 2 <nl ~ 91BT ~,

f;:;.ucf, 15/07/201 O

re·rial

u·,,·nm· lkpa11111;.•11t liar_,:1n:1----- -------·-·· - .. -·····-·- ·--------------

11 \I{!.;; F\ '\IC IISl"

2

BY

} Mis D.D. Resorts Private Limited. a company incorporated and validly existing underprovisions of the Companies Act, 1956, having its Registered Office at 6, Jawahar Lal NehruRoad, 4" Floor Kolkata , West Bengal- 700013 and Corporate office at II Ring Road, LajpatNagar-IV, New Delhi -110024 through its authorized Signatory Mr.Kishore Kumar AgarwaiS/o Late Sh. Ramesh Chand Agarwal resident ofB-108, 1" Floor, Ne Friends Colony NewDelhi - 110065, vide Board of Directors Resolution Dated 02" July 2010, [Hereinafter referredto as the "VENDOR/SELLER" which expression, unless it be repugnant to the context ormeaning their of, shall mean and include its successors in business, Legal representatives,nominees and pennitted assigns] of the ONE PART:

IN FAVOUR OF

MIS PACL INDIA LIMITED A COMPANY INCOROPRATED UNDER THECOMPANIES ACT, 1956, HAVING ITS CORPORATE OFFICE AT TT" FLOOR GOPALDAS BHAWAN, 28 BARAKHAMBA ROAD, NEW DELHI-110001 through its authorizedsignatory·Mr.Vipin Singh Bisht S/ Mr.Bag Singh Bisht vide Board ofDirectors ResolutionDated 10 June 2010,[hereinafter called the "VENDEE" which expression, unless it berepugnant to the context or meaning thereof, shall mean and include its successors, legalrepresentatives, executors and assigns] of the OTHER PART.



(a) The Vendor is the absolute owner of a Plot of land bearing Khasra No. 537/2/2, 536/2,535/1, 533/1/1/2, 517 measuring 3.884 Acres situated in the revenue estate of VillageChakkarpur, Sector-43, Tehsil & Distt. Gurgaon by way of revenue documentscomprising of Mutation Nos. 1395, 1393, 1401, 1398, 1394, 1397, 1396, 1400, 1399,1391, 1392, 1413,1403, 1402, 1405, 1404, 1406, 1407, 1408, 1411, 1409, 1410, 1414,1415, 1412, 1417, 1416, and Taksim Mutation No.1336 (hereinafter referred to as the"Commercial Plot"), more fully and particularly described in the FIRST SCHEDULE,hereinunder;

(b) The Vendor/Seller has obtained licenses Nos.31, 32, 33, and 34 of2004 and the same arelegally valid and subsisting (hereinafter referred to as the "Licenses), from the DirectorTown and Country Planning, Chandigarh (hereinafter referred to as the "DTCP") fordevelopment ofa commercial colony on the said Commercial Plot.

(c) The Vendor has completed construction and development of the aforesaid CommercialComplex through M/s. D.D. Resorts Pvt. Ltd. and has agreed to name of the saidCommercial Colony to be developed on the aforesaid Commercial Plot as "GLOBALFOYER (Formerly known as CITYSCAPE,) " ( hereinafter referred to as the"Commercial Complex/GLOBAL FOYER).


TfcfTT',"

/?<,

€!mT

Book No.Reg. Year2010-2011

Reg. No.10290

K1shore Kumm· Agnrwa!_~~\.-v.........1

fcrn,m

Thru- Vipin Singh Bisht_

w=rrfu@ lct>'-lt '31Til"f % 1ct> "-i1i re sis [0.290 3rs Re#las 15/07/2010 <ITT %'t ?,: 1 r.,,~ -::r: 9.753 ,,;.~ ";:J; 140 1:R q,,fiC!Jd ml Tf<TI o'2-TI ~ T{cF. 11fu ¢1fon.oro 9ITT "BW-IT 1 f.m;:c:: 1: 832 <fi~ "B&IT 52 ii- 53 1R ~ ~, % .,_iT 1P1Tforn ~ ;;rraT t. fcn ~~ cf> SH-{Lctchdl 3fn:

fer 51072o10/rj#arr:srlicrr

a(«

----·-------------------------------Rnl"lllll" lh-p.1r1111l·nt 11:•r~.ina H.AI 1 \:I< .If',(

3

Plot alongiwith ·the constructions thereupon and the right to use the common areas andfacilities therein.


AND WHEREAS, the Vendor vide Buyer's Agreement dated 10.07.2010 agreed to transfer,sell, convey to the Vendee and the Vendee agreed to purchase Unit No. 09, on 7TH Floor, havinga super area of 1636.125 Sq. Ft. (152 Sq. Mtrs. Appx. ) with proportionate, undivided,impartiable share and interest in the aforesaid Commercial Plot, on which the aforesaid"GLOBAL FOYER) " is developed and constructed together with the right to use the open area,common areas, and common amenities, and facilities i.e. staircases, lifts, entrances, and exits ofthe aforesaid Commercial Complex, water supply arrangement and installation i.e. power, light,sewerag~. etc. and including all easement rights attached therewith (hereinafter referred to as thesaid "Unit") more fully and particularly described in the SECOND SCHEDULE hereunderwritten and the floor plan appended hereto as ANNEXURE-A, demarcating the aforesaid Unit'

AND WHEREAS, the Vendor has assured the Vendee that the said Unit is Saleable and hasagreed to sell and the Vendee has agreed to purchase the aforesaid Unit for a total considerationof Rs.1,95,41,468/ (Rupees One Crores Ninety Five Lacs Forty One Thousand FourHundred Sixty Eight Only) free from all encumbrances, liens, lis pendens, charges, claims,demands, actions, attachments, trusts, prior agreements whatsoever or howsoever, on the termsand conditions hereinafter recorded and the Vendor had agreed to convey the title of the aforesaidUnit in favour ofthe Vendee on the terms and conditions given herein below:

NOWTHEREFOR, THIS DEED CONVEYANCE WITNESSETH AS UNDER:

1.

2.

3.

That in consideration for a sum of Rs. 1,95,41,468/ (Rupees One Crores Ninety FiveLacs Forty One Thousand Four Hundred Sixty Eight Only), already paid by theVendee to the Vendor, the Vendor hereby sell, transfer and convey the aforesaid UnitNo. 09, on 7th Floor, having a super area of 1636.125 Sq. Ft. (152 Sq. Mtrs. Appx. ) inthe aforesaid "GLOBAL FOYER (Formerly known as CITYSCAPE) ", situated inVillage Chakkerpur, Sector-43, Golf Course Road, Gurgaon,-ffaryana -122 002along-with the proportionate, undivided,; impartible share in the land and interest in andusage of the said common areas and common amenities and facilities lo be provided inthe said "GLOBAL FOYER) "together with all sorts/ manner of rights, privileges,easements, advantages, appendages and appurtenances whatsoever to the said Unit, morefully and particularly described in the Second Schedule and the Annexure-AA, appendedhereto and to hold, possess and enjoy the said Unit, free from all encumbrances, charges,liens, !is pendens, attachmems, trusts, prior agreements, whatsoever or howsoever.That Vendor hereby confirms and acknowledges the receipt of the total sale consideration.in respect of the said Unit and that there is nothing due from the Vendee towards the saleconsideration in respect of the said Unit and the Vendor hereby acquit, release anddischarge the Vendee in respect ofthe sale consideration of the said Unit.That, with consent of the Vendee herein, the aforesaid Unit has been handed over by theVendor to the Vendee herein, absolutely and forever, and the Vendee acknowledgeshaving taken over the possession of the same to its/his/her entire satisfaction complete inall respects without any defects or deficiency ofany kind.

DD R;:..S0RT::-. . 11DFor -,/N---«

( .

4


(a) That the Vendee , subject to the provisions of the maintenance agreement, shallbe entitled to the following rights in common with the other occupant/ owners ofthe other Units in the aforesaid "GLOBAL FOYER, which shall be subject torules and regulations made by the Vendor and/or the maintenance agencyappointed by the Vendor :


(ii) the right to sub-adjacent and lateral support and shelter and protectionfrom the foundations, columns, girders, beams, supports, main wall andfrom the sides and roofofthe aforesaid Unit; '



(a) the entire plot of land on which the aforesaid "GLOBAL FOYER " is.. constructed, the superstructure constructed thereon arid infra-structural facilities

provided therein shall remain under the possession, controland management ofthe Vendor and/ or the Maintenance Agency (nominated or appointed by Vendor)and the owner/ occupants of the individual Units/ portions/ spaces shall be boundby the rules and regulations made by the Maintenance Agency for the betterenjoyment of the building known as "GLOBAL FOYER "and a separatemaintenance agreement, which shall be in the standard form as will be decidedby the Maintenance Agency; for the entire complex, and will be executedbetween the Vendee and the Vendor and/or the Maintenance Agency in thisregard. The said maintenance agreement shall, inter alia, exhaustively defines thescope or maintenance of various services and facilities and the charges payableby the Vendee in respect thereof;

(b) save and except the said Unit, the Vendee shall have no claim, right, title orinterest of any nature or kind over or in respect of all or any open spaces.common areas! facilities; equipment/ infra-structure, lobbies, staircases, lifts.

5

terrace-roof(which shall remain the exclusive property ofVendor). However theVendee shall have right to enjoy mere the use ofthe open spaces, common areas/facilities/ equipment/ infra-structure, lobbies, staircases, lifts, without claimingany other right thereon;

the Vendor shall always have the right to make additions, raise additional floorsor put upon additional structures, as may be permitted by the competentauthorities and such additional space/ areas/ structures/ floors shall be soleproperty of Vendor , who shall have unfettered rights inter-alia to dispose off thesame or any part thereof, without any interference on the part of the Vendee(individually) or collectively by one or more vendee(s)/ purchaser(s)/ occupants)ofthe other units in the aforesaid "GLOBAL FOYER".

(d) the Vendee shall use the said Unit for permitted/ lawful purposes only and not tocarry on or permit to be carried on the aforesaid Unit or in any part thereof anyactivities which shall be or are likely to be in contravention to the statutory byelaws, rules and regulations, or unlawful, obnoxious or ofnuisance, annoyance ordisturbance to other occupants of the building! "GLOBAL FOYER (Formerlyknown as CITYSCAPE) "or store any goods of hazardous or combustible natureor. which are heavy so as to affect the construction or the structure of the saidbuilding/ "GLOBAL FOYER "or any part thereof or in any manner interfere forcommon use;


(D) Vendor shall be entitled to connect the electric, water, sanitary, power backup, airconditioning and drainage fittings on the additional structure(s)/ storey(s) withthe existing electric, water, sanitary, generator based power back up, airconditioning and drainage sources. Further, the terrace of the building includingthe parapet walls, shall always be the property of the Ven<ig_r and the agreementswith the Vendee and/ or with the other vendees/ buyers/ purchasers of the Unitsin the said building shaH be subject to the aforesaid rights of the Vendor, whoshall be entitled to construct and use the said terrace and the parapet walls for allpurposes including, but not limited to, the display of advertisements and signboards or open air restaurant and the Vendor shall always have 'the right ofeasement to roof, parapet walls. Further, Vendor shall have the right to put UPboards in common areas. The Vendee hereby gives consent to the above andagrees that the Vendee shall not be entitled to raise objection or make any claimor claims of any reduction in the price of the said Unit agreed to be acquired bythe Vendee and/ or to any compensation or damages on the ground ofinconvenience or any other ground whatsoever;

(g) Vendor and/ or Maintenance Agency shall have the right to insure and keepinsured the structure of the building against such risks as Vendor and!or theMaintenance Agency may deem necessary and the insurance premium shall be

6



(i) the Vendee (or its nominee/ tenants) shall not display or be permitted to displayname and address ofthe occupant of the aforesaid Unit at any place(s), other thanas may be permitted by the Vendor and not to put up any name or sign board,publicity or advertisement material on the external facet of the building/"GLOBAL FOYER " or anywhere in the common areas without the priorapproval of the Vendor in writing. All advertising rights in the entire building/"GLOBAL FOYER " including the right to use of terrace and roofand/ or below/outside the boundary wall of the said building, its peripheries exclusively vestwith Vendor;

i) the Vendee hereby covenants to keep and maintain the aforesaid Units, peripherywalls, partition walls and sewers, drains, pipes and appurtenances thereto orbelonging thereto in the same good tenantable repair, state, order and condition inwhich it has been delivered to the Vendee and in particular, so as to support,shelter and protect all parts ofthe building other than the said Unit;

(k) the Vendee shall not let, sub-let, underlet, assign, lease, transfer, part with or inany way encumber the said Unit till all dues, of any nature whatsoever, owing toVendor/ Maintenance Agency or payable hereunder are fully paid before any ofthe above right is exercised and the Vendee obtains a n5-dues certificate fromVendor/ Maintenance Agency for this purpose, which no-due certificate shall notbe unreasonably withheld;

(1) nothing contained in these presents shall,' however, be construed to confer uponthe Vendee the rights, title or interest to grant, lease, demise or assign in the saidCommercial plot upon which the said "GLOBAL FOYER " is constructed or inthe rest of the building, except· the aforesaid Unit and the proportionate,undivided, impartible rights relating thereto in the land underneath;

(m) all the transferees of the Vendee's interest in the said Unit including thesubsequent owners of the Unit, hereby being sold shall always be bound by theterms and conditions of this CONVEYANCE DEED and shall adhere andconform to the provisions of the Maintenance Agreement executed by theVendcc;

For DD RESORTS Lr0.

\J,lv-.1t..._,.._,..._ ..__ · /1.. .,..._ '-• .. • ··

;•• io y

7

(n) furthermore, if the Vendee defaults in making payment of the amount due andpayable as above for its proportionate share of the maintenance charges, its shareofproportionate charges for the sinking fund (ifany) to provide for replacementsin the said building, then Vendor shall, after giving ten (10) working days notice,be entitled to lock-up/ stop/ disconnect/ discontinue any or all the facilities/services to the aforesaid Unit, till such time that all the above dues are paid infull. The Vendee has also agreed that in the event of the Vendee failing to payany dues to the Vendor or its nominated Maintenance Agency as may becomepayable by the Vendee to the Vendor at any time, the Vendor shall have the firstclaim and charge on the aforesaid Unit hereby sold.

This right of Vendor shall be apart from the right to recover the charges withminimum interest of 24% p.a. from the Vendee and/or from the occupier of thesaid Unit from out ofthe rent payable to the Vendee through the process ofcourtor otherwise, Besides the Vendee undertakes to pay caution money/ securitydeposit for payment of common outgoing/ maintenance charges/ sinking fundcharges. Such deposit money will not bear any interest;


(p)

(q)

at present the fire safety measures at the said building/ "GLOBAL FOYER "have been provided as per the existing fire safety code/ regulations. If, however,due to any subsequent legislation(s), Government Regulation, Order ordirective(s) or guidelines or if deemed necessary by Vendor, any further firesafety measures are to be undertaken due to additional requirement imposed bythe concerned authorities or for the better and/or more purposeful enjoyment ofthe said building, proportionate additional cost in respect thereof shall also bepayable on demand by the Vendee;

the said Unit is a part of and. located in the building complex known as"GLOBAL FOYER ". It is in the interest of the Vendee, occupants, owners ofdifferent spaces in the building complex that the entry to the building complex beregulated and some safeguard be provided to prevententry of unauthorizedpersons in the building complex, including the common areas and to give aneffective hand to Vendor or the Maintenance Agency appointed by Vendor todeal with such unlawful entrants/ loiters/ peddlers, etc., and also to enableVendor or the Maintenance Agency appointed by Vendor in particular and theVendee and/or occupants/ owners of the various spaces in general, to deal moreeffectively with the security of the "GLOBAL FOYER"and maintenance ofordertherein. For this purpose, the Vendee agrees that Vendor or the MaintenanceAgency appointed by Vendor shall be free to resist the entry at the outer gateitself. In case of insistence, the security staff will be at liberty to call upon theVendee/ occupants/ lawful owners to the gate and personally escort the person(s)from the gate to its office space/ premises/ said Unit and assume theresponsibility of escorting them out as well. It is, however, clarified that duringoffice hours, this restriction will be exercised only sparingly but beyond officeworking hours it will be exercised generally. The provision of this clause, will

\t, '.•., ·-·V5.··'

1Uo8

not cast any liability ofany kind upon Vendor or Maintenance Agency appointedby Vendor. The cost of providing security services shall, however, be part of themaintenance charges;

{r) it is expressly understood that the internal security of the said Unit and the men/materials kept therein and their safety shall be the sole responsibility of theVendee and Vendor shall in no way be concerned or liable for the same.

(s). the proportionate amount of the external development charges (hereinafterreferred to as theEDC") or the infrastructure development charges (hereinafterreferred to as the :DC") levied by DTCP till the date of issue of license areincluded in the consideration for the Unit paid by the Vendee for the said Unit.Any increase in the EDC and /or IDC levied, by whatever name called or inwhatever form and with all such conditions imposed by Haryana Governmentand/ or any competent authority(ies) shall be home and paid by the Vendee inproportion to the super area ofthe aforesaid "GLOBAL FOYER.

(t) ifthere is any additional Tax, levy, rate or charge ofany kind attributable to thesaid "GLOBAL FOYER) " so developed on the aforesaid Commercial Plot as.detailed on the Scheduled Land as a consequence of any order of theGovernment, Statutory or any other Local Authorities(ies), the same, ifapplicable, shall also be paid by the Vendee on pro-rata basis.



8. That the persons inducted by the Vendee in premises whether on lease/Licence or underany other relationship shall be bound by the terms of this Conveyance Deed. Anycontractual obligation between Vendor and such Occupant shall not vary or dischargeobligations of the Vendor as set out in this Deed. Even if the entry or Occupation in theUnit of the Vendee by a person/finn/Company is hostile or unauthorized, the same wouldnot absolve the Vendee ofhis obligations as set in herein above.



9

16IThat the stamp duty, registration fee, and any other expenses for registration of thisConveyance Deed is borne by the Vendee.

The Vendee has verified from the Vendor, concerned authorities and Vendor has allowedthe Vendee inspection of the plot of land as detailed in First Schedule, building and thebuilding plans, no-objection certificates from the Fire Department, Airport Authority ofIndia and the Occupancy Certificate, the CONVEYANCE DEED, Collaboration.Agreement, and notwithstanding anything to the contrary stated and represented herein orelsewhere the Vendee is satisfied with regard to the right, title, competency and authorityf the Vendor to enter into this Conveyance Deed/ transaction.

FIRST SCHEDULE

ALL THAT the freehold plot of land admeasuring 3.884 acres (15717.859 Square Meters) ofthe land, owned by MIs D.D. Resorts Pvt. Ltd., have all necessary legal and validly subsistinglicenses, approvals, consents and permissions for construction of the aforesaid "GLOBALFOYER (Formerly known as CITYSCAPE) ". The details of the said commercial Plot fordevelopment and construction of the Commercial Complex/ "GLOBAL FOYER "is as given

hereunder·.Name ofCompany Village Khasra No. Area Mutation Nos.

(Owners)MIs D.D. Resorts Chakkarpur 537/2/2 Min, 3.884 1395, 1393, 1401, Sale

Pvt. Ltd. 536/2 Min, Acres Deed Yasika No. I 0731,

535/1, dated 02.11.2001 and

533/1/1/2 Mutation No. 1398, 1391,

Min, 5 17Min 1392, 1399, 1400, 1397,1394 , 1414, 1415, 1417,1416, 1402, 1407, 1405,1403, Sale Deed YasikaNo. 6688, dated07.08.2001, 1408, 1412,1410, 1409, I411, 1413 andTaksim Mutation No.1336

SECOND SCHEDULE

Commercial Unit No, 09 on 07th Flo.or, having a super area of 1636.125 Sq. Ft. (152 Sq. Mtrs.Appx. ) in the said multi storeyed office cum commercial complex known as "GLOBAL FOYER"as described in the First Schedule hereinabove, situated on the "GLOBAL FOYER (Formerlyknown as CITYSCAPE) ", Sector-43, Gurgaon, Haryana - 22 002, along-with proportionate,undivided, impartible share and interest in the free hold plot of land on which the "GLOBALFOYER " is constructed together with the common right to use the open area, common areas andcommon amenities and facilities to be provided in the said "GLOBAL FOYER " and all mannerof rights, privileges, easements, advantages and appurtenances whatsoever to the said Unit. Thesaid Unit is indicated and bordered in· red ink in the plan or the aforesaid Unit appended hereto asAnnexure-A.This is a final document and supersedes all previous agreement.

Fox DD RESORTS L LTD.

For PACL INOJI-\ Li L

k¥.Authori<;ed Siqnatorv

10

Ad 1 • i · ·· · l l,1 , 1.0 . _ voca.1.:. '·'"; ,·.·"',. .'for 'D D Rf ·::,:-y·, f -::

\/\i,.tv\..'V,.A.~_..).A-~


N WITNESSES WHEREOF, the parties have executed these presents at the place, day , monthand year as first above written in the presence of the under noted.

.:2¢Private Limited ("VENDOR") R~~1.-< · ' 1 (VENDEE)

WITNESSES:-1.

2.

log/hoek%£kak, at, kidJe gt_.

.. Y/o

183

3.

11

AI\1NEXURE - A

Floor plan of the floor on which the aforesaid Unit is situated, along with demarcation ofthe saidUNIT. 1 ,... 'IT LTD'For OD F-ES0R tJ • . .1 •

[ /A.M-"

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·££;

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f~

stNo.256178

. .lisfil'.il Officer;

CON;VEYANCE DEED

-----------.Consideration : Rs.1,95,41,468/-Stamp Duty : Rs. 13,67,950/-Bank Receipt No./Date :GSR/00I:256178/12.07.2010Issue By : SBI Melruli Gurgaon Road,Gurgaon

. Project : Global FoyerUnit No. 10, on 71

" FloorArea I 636.125 Sq. Ft.

THIS CONVEYANCE DEED is exenned al ( iur?a,111 on this _1~iiay of .J.J!;) ~O IO

iT LTD.

10307

Drafted By: Rajbir Singh Adv.

'-IB" ~ 2-1r-=; fe.fi<:f, 15/07/2010 f~ ']~cfF ~

I 86~ 15/07/2010

"i~ ?Tf/?liJ.Jof/~ Mis Rc:<rnrts l'vl Lid.

~ -aoteft fcrcTTur -ils 911 -:n-i:; CONVEYANCE WfTH fN MC AREA~/Ber--~ qenriaTffq/¾16{ seriaz

qq aisit faawT

um fa "G(Rf!:9 est nrg 19,541,468.00 "RTi:r.J ~clft ..-rm l,36 7,950.00ffl

-lfoH-rl!?H -q;9,:r clft uf.[r 15,ooo.oom 4fin gen 2.00~

sqq

"9?/:pfr/-qr-l[ m/'3fri:refr~ f.:rcm:fr 6 Jawahar Lal Nehru Road, 4th Floor Kolkata West :B.:::1gol-700013 &JUq,,f; tj,{01 ~ ~ I"P '-i I lj<:ff I

~c:1""{ \H-ij,ocf.ol

'vv-v~it Mis Rcs-oris Pvt Lid. thru Favssh Kumar Agarwal(OTHER)

r'-\ ".,1"-0)'1(. . -

~iaw,;:n cf NJ/?WR11~i'i Thro- Vipin Singh Bisht

s/jra

Fenian

f.:r:.m:ft •\<l;. Gurgaon cf ?171~-"J.:@-il'=!lJ.JI .fl Bhanu Part;.1p Saini F/g~v·~ ?171~~ Gaun Shankar f.frm:fr 1.odh,

DLf Cny l'il-1.Gurgaon ~ ~I •mi:-n -;:i; 1 r.f.l Pi~/3'.ff'clcfcRIT ct ~ it ~ f <fZfl % :rn?.11 ";:f: 2 <F.T tff.i.'.TR "-ITTnl t1

•tt'li-~1

•••---------------•••4 ------------w--•~ --•••--------------------••-·-•· -••-•1· \!H'- 1·,· NIC-IISl

/8?2

BY

MIs D.D. Resorts Private Limited, a company incorporated and validly existing under' provisions of the Companies Act, 1956, having its Registered Office at 6, Jawahar Lal Nehru

Road, 4 Floor Kolkata , West Bengal- 700013 and Corporate office at 1I Ring Road, La)patNagar-IV, New Delhi -1 10024 through its authorized Signatory Mr.Kishore Kumar AganyaiS/o Late Sh. Ramesh Chand Agarwal resident of B-108, 1" Floor, New Friends Colony NewDelhi - 110065, vide Board of Directors Resolution Dated 02" July 2010, [Hereinafter referredto as the "VENDOR/SELLER" which expression, unless it be repugnailt to the context ormeaning their of, shall mean and include its successors in business, Legal representatives,nominees and permitted assigns] of the ONE PART:

IN FAVOUR OF

MIS PACL INDIA LIMITED A COMPANY INCOROPRATED UNDER THECOMPANIES ACT, 1956, HAVING ITS CORPORATE OFFICE AT T"" FLOOR GOPALDAS BHAWAN, 28 BARAKHAMBA ROAD, NEW DELHI-110001 through its authorizedsignatory Mr.Vipi Singh Bisht S/o Mr.Bag Singh Bisht vide Board of Directors ResolutionDated 10" June 2010,[hereinafter called the "VENDEE" which expression, unless it berepugnant to the context or meaning thereof, shall mean and include its successors, legalrepresentatives, executors and assigns] of the OTHER PART.


WHEREAS , the Vendor represents and warrants that:

(a) The Vendor is the absolute owner of a Plot of land bearing Khasra No. 537/2/2, 536/2,535/1, 533/1/1/2, 517 measuring 3.884 Acres situated in the revenue estate of VillageChakkarpur, Sector-43, Tehsil & Distt. Gurgaon by way of revenue documentscomprising of Mutation Nos. 1395, 1393, 1401, 1398, 1394, 1397, 1396, 1400, 1399,1391, 1392, 1413,1403, 1402, 1405, 1404, 1406, 1407, 1408, 1411, 1409, 1410, 1414,1415, 1412, 1417, 1416, and Taksim Mutation No.1336 (hereinafter referred to as the"Commercial Plot"), more fully and particularly described in the FJRST SCHEDULE,

hereinunder; -(b) The Vendor/Seller has obtained licenses Nos.31, 32, 33, and 34 of2004 and the same arelegally'valid and subsisting (hereinafter referred to as the "Licenses"), from the DirectorTown and Country Planning, Chandigarh (hereinafter referred to as the "DTCP'") fordevelopment ofa commercial colony on the said Commercial Plot.

(c) The Vendor has completed construction and development of the aforesaid CommercialComplex through Mis. D.D. Resorts Pvt. Ltd. and has agreed to name of the saidCommercial Colony to be developed on the aforesaid Commercial Plot as "GLOBALFOYER (Formerly known as CITYSCAPE,) " ( hereinafter referred to as the"Commercial Complex/GLOBAL FOYER);.


Reg. No.10307

Reg. Year2010-201 I

Book No.

• I:

1'88

friarRamiesl Kumar Agra41 WW.N--4kne

iimi /) AThro- Vipm Singh Bisht__-6~--------·'"" I Cl Ame._~~ "'"'2,-BlmnuPm<apS,ini ~M-

"9,l=f]'UT-Tf5l'

~-l'i/l'l/(l %7.rr "'ITtff % fa a u mi 10,307 sn Reif# 15/07/2010 at crrrr ';j; 1 fu"R 1: 9.753 r.f,'2°CB 1: 140 'TT is#is sen ma en <at ua 1Jfu a:ifun:cRf qefl m I 1v;<?< 1: 832 <fiye en 52 53 w faqar mz za si 7a fmn sna ? fs zars i grai air7Tari sj aa/fr sir m faa I

f~ 15/07/2010

-----------------------------------Ht•q•11 T lkpartmi:11! Ilar:,ana I 1-\1<1<.. -I·\ '\I< ·II '-o I

3



AND WHEREAS, the Vendor vide Buyer's Agreement dated 10.07.2010 agreed to transfer, sell,convey to the Vendee and the Vendee agreed to purchase Unit No. 10, on 7" Foor, having asuper area of 1636.125 Sq. Ft. (152 Sq. Mtrs. Appx. ) with proportionate, undivided,impartiable share and interest in the aforesaid Commercial Plot, on which the aforesaid"GLOBALFOYER) " is developed and constructed together with the right to use the open area,common areas, and common amenities, and facilities i.e. staircases, lifts, entrances, and exits ofthe aforesaid Commercial Complex, water supply arrangement and installation i.e. power, light,sewerage, etc. and including all easement rights attached therewith (hereinafter referred to as thesaid "Unit") more fully and particularly described in the SECOND SCHEDULE hereunderwritten and the floor plan appended hereto as ANNEXURE-A, demarcating the aforesaid Unit'

AND WHEREAS, the Vendor has assured the Vendee that the said Unit is Saleable and hasagreed to sell and the Vendee has agreed to purchase the aforesaid Unit for a total considerationof Rs.1,95,41,468/ (Rupees One Crores Ninety Five Lacs Forty One Thousand FourHundred Sixty Eight Only) free from all encumbrances, liens, is pendens, charges, claims,demands, actions, attachments, trusts, prior agreements whatsoever or howsoever, on the termsand conditions hereinafter recorded and the Vendor had agreed to convey the title ofthe aforesaidUnit in favour ofthe Vendee on the terms and conditions given herein below:

NOWTHEREFOR,THIS DEED CONVEYANCE WITNESSETH AS UNDER:

1. That in consideration for a sum of Rs. 1,95,41,468/ (Rupees One Crores Ninety FiveLacs Forty One Thousand Four Hundred Sixty Eight Only), already paid by theVendee to the Vendor, the Vendor hereby sell, transfer· and convey- the aforesaid UnitNo. 10, on 7" Floor, having a super area of 1636.125 Sq. Ft. (152 Sq. Mtrs. Appx. ) inthe aforesaid "GLOBAL FOYER (Formerly knon as CITYSCAPE) ", situated irVillage Chakkerpur, Sector-43, Golf Course Road, Gurgaon, Haryana -122 002along-with the proportionate, undivided, impartible share in the land and interest in andusage of the said common areas and common amenities and facilities to be provided inthe said "GLOBAL FOYER) "together with all sorts/ manner of rights, privileges,easements, advantages, appendages and appurtenances whatsoever to the said Unit, morefully and particularly described in the Second Schedule and the Annexure-A, appendedhereto and to hold, possess and enjoy the said Unit, free from all encumbrances, charges,liens, lis pendens, attachments, trusts, prior agreements, whatsoever or howsoever.

2. That Vendor hereby confirms and acknowledges the receipt of the total sale considerationin respect of the said Unit and that there is nothing due from the Vendee towards the saleconsideration in respect of the said Unit and the Vendor hereby acquit. release anddischarge the Vendee in respect ofthe sale consideration of the said Unit.

3. That. with consent of the Vendec herein, the aforesaid Unit has been handed over by tleVendor to the Vendee herein, absolutely and forever, and the Vendee acknowledgeshaving taken over the possession of the same to its/his'her entire satisfaction complete inall respects without any defects or deficiency ofany kind

For DD RESORTS 1.1.10.

4

That Vendor hereby assure, represent and covenant to the Vendee as hereunder: /9(J(a) That the Vendee , subject to the provisions of the maintenance agreement, shall

be entitled to the following rights in common with the other occupant/ owners ofthe other Units in the aforesaid "GLOBAL FOYER", which shall be subject torules and regulations made by the Vendor and/or the maintenance agencyappointed by the Vendor:





(a) the entire plot of land on which the aforesaid "GLOBAL FOYER " isconstructed, the superstructure constructed thereon and infra-structural facilitiesprovided therein shall remain under the possession, control and management ofthe Vendor and/ or the Maintenance Agency (nominated or appointed by Vendor)and the owner/ occupants of the individual Units/ portions/ spaces shall be boundby the rules and regulations made by the Maintenance Agency for the betterenjoyment of the building known as "GLOBAL FOYER "and a separatemaintenance agreement, which shall be in the standard form as will be decidedby the Maintenance Agency, for the entire complex, and will be executedbetween the Vendee and the Vendor and/or the Maintenance Agency in thisregard. The said maintenance agreement shall, inter alia, exhaustively defines thescope of maintenance.of various services and facilities and the charges payableby the Vendee in respect thereof;

(b) save and except the said Unit, the Vendee shall have no claim, right, title orinterest of any nature or kind over or in respect of all or any open spaces,common areas! facilities/ equipment/ infra-structure, lobbies, staircases, lifits,

5


the Vendor shall always have the right to make additions, raise additional floorsor put upon additional structures, as may be permitted by the competentauthorities and such additional space/ areas/ structures/ floors shall be soleproperty ofVendor , who shall have unfettered rights inter-alia to dispose off thesame or any part thereof, without any interference on the part of the Vendee(individually) or collectively by one or more vendee(s)/ purchaser(s)/ occupant(s)ofthe other units in the aforesaid "GLOBAL FOYER ".

(d) the Vendee shall use the said Unit for permitted/ lawful purposes only and not tocarry on or permit to be carried on the aforesaid Unit or in any part thereof anyactivities which shall be or are likely to be in contravention to the statutory byelaws, rules and regulations, or unlawful, obnoxious or of nuisance, annoyance ordisturbance to other occupants of the building/ "GLOBAL FOYER (Formerlyknown as CITYSCAPE) " or store any goods of hazardous or combustible natureor which are heavy so as to affect the construction or the structure of the saidbuilding/ "GLOBAL FOYER "or any part thereof or in any manner interfere forcommon use;

(e)

(f)

(g)

at the time of renovating, refurnishing, decoration, installing any equipment,furniture, machinery, partition, false ceiling, etc., as also for using aforesaid Unit,the Vendee (or their nominee/ tenants) shall absolutely regard the fire safetylaws, and. all other rules and procedure in its letter and spirit. The Vendee (ortheir nominee/ tenants) shall be bound to take a prior permission from Vendor/Maintenance Agency, Fire Department and any other concerned authorities!department, before undertaking any such job;

Vendor shall be entitled to connect the electric, water, sanitary, power backup, airconditioning and drainage fittings on the additional structure(s)/ storey(s) withthe existing electric, water, sanitary, generator based power back up, airconditioning and drainage sources. Further, the terrace of the building includingthe parapet walls, shall always be the property of the Vendor and the agreementswith the Vendee and/ or with the other vendees/ buyers/ purchasers of the Unitsin the said building shall be subject to the aforesaid rights of the Vendor, whoshall be entitled to construct and use the said terrace and the parapet walls for allpurposes including, but not limited to, the display of advertisements and signboards or open air restaurant and the Vendor shall always have the right ofeasement to roof, parapet walls. Further, Vendor shall have the right to put upboards in comrion areas. The Vendee hereby gives consent to the above andagrees that the Vendee shall not be entitled to raise objection or make any claimor claims of any reduction in the price of the said Unit agreed to be acquired bythe Vendee and/ or to any compensation or damages on the ground ofinconvenience or any other ground whatsoever;

Vendor and/ or Maintenance Agency shall have the right to insure and keepinsured the structure of the building against such risks as Vendor and/or theMaintenance Agency may deem necessary and the insurance premium shall be

For DD RESORTS VI.LTD.

6

payable separately by the Vendee in proportion to the area of the said Unitpurchased by him vis-a-vis premium payable by Vendor and/ or MaintenanceAgency for the building. The contents, fixtures and fittings installed in theaforesaid Unit shall, however, be got insured by the Vendeel occupier at its owncost;

the Vendee or anyone claiming under or through Vendee shall not decorate theexterior of the aforesaid Unit otherwise than in the manner agreed to with Vendoror in the manner as similar as may be in which the same was previouslydecorated; close the verandahs or lounges or balconies or common passage orcommon corridors even if a particular floor(s) is occupied by the same party/Vendee, make any alterations in any elevation and outside color scheme of theexposed walls of the verandah lounge or any external walls or both the faces ofexternal doors and windows ofthe aforesaid Unit which iii the opinion ofVendordiffer from the color scheme ofthe building;

(i) the Vendee (or its nominee/ tenants) shall not display or be permitted to displayname and address ofthe occupant of the aforesaid Unit at any place(s), other thanas may be permitted by the Vendor and not to put up any name or sign board,publicity or advertisement material on the external facet of the building/"GLOBAL FOYER " or anywhere in the common areas without the priorapproval of the Vendor in writing. All advertising rights in the entire building/''GLOBAL FOYER" including the right to use of terrace and roofand/ or below/outside the boundary wall of the said building, its peripheries exclusively vestwith Vendor;

G) the Vendee hereby covenants to keep and maintain the aforesaid Units, peripherywalls, partition walls and sewers, drains, pipes and appurtenances thereto orbelonging thereto in the same good tenantable repair, state, order and condition inwhich it has been delivered to the Vendee and in particular, so as to support,shelter and protect all parts of the building other than the said Unit;

9

(k) the Vendee shall not let, sub-let, underlet, assign, lease, transfer, part with or inany way encumber the said Unit till all dues, of any nature whatsoever; owing toVendor/ Maintenance Agency or payable hereunder are fully paid before any ofthe above right is exercised and the Vendee obtains a no-dues certificate fromVendor/ Maintenance Agency for this purpose, which no-due certificate shall notbe unreasonably withheld;

(I) nothing contained in these presents shall, however, be construed to confer uponthe Vendee the rights, title or interest to grant, lease. demise or assign in the saidCommercial plot upon which the said "GLOBAL FOYER " is constructed or inthe rest of the building, except the aforesaid Unit and the proportionate,undivided, impartible rights relating thereto in the land underneath;

(m) all the transferees of the Vendee's interest in the said Unit including thesubsequent owners of the Unit, hereby being sold shall always be bound by theterms and conditions of this CONVEYANCE DEED and shall adhere andconform to the provisions of the Maintenance Agreement executed by theVendee:

t «

7

[3furthermore, if the Vendee defaults in making payment of the amount due andpayable as above for its proportionate share of the maintenance charges, its shareofproportionate charges for the sinking fund (if any) to provide for replacementsin the said building, then Vendor shali, after giving ten (IO) working days notice,be entitled to lock-up/ stop/ disconnect/ discontinue any or all the facilities/services to the aforesaid Unit, till such time that all the above dues are paid infull. The Vendee has also agreed that in the event of the Vendee failing to payany dues to the Vendor or its nominated Maintenance Agency as may becomepayable by the Vendee to the Vendor at any time, the Vendor shall have the firstclaim and charge on the aforesaid Unit hereby sold.

This right of Vendor shall be apart from the right to recover the charges withminimum interest of 24% p.a. from the Vendee and/or from the occupier of thesaid Unit from out ofthe rent payable to the Vendee through the process ofcourtor otherwise. Besides the Vendee undertakes to pay caution money/ securitydeposit for payment of common outgoing/ maintenance charges/ sinking fundcharges. Such deposit money will not bear any interest;



(q) the said Unit is a part of and located in the building complex known as"GLOBAL FOYER ". It is in the interest of the Vendee, occupants, owners ofdifferent spaces in the building complex that the entry to the building complex beregulated and some safeguard be provided to prevent entry of unauthorizedpersons in the building complex, including the common areas and to give aneffective hand to Vendor or the Maintenance Agency appointed by Vendor todeal with such unlawful entrants/ loiters/ peddlers, etc., and also to enableVendor or the Maintenance Agency appointed by Vendor in particular and theVendee and/or occupants/ owners of the various spaces in general, to deal moreeffectively with the security of the "GLOBAL FOYER"and maintenance ofordertherein. For this purpose, the Vendee agrees that Vendor or the MaintenanceAgency appointed by Vendor shall be free to resist the entry at the outer gateitself. In case of insistence, the security staff will be at liberty to call upon theVendee/ occupants/ lawful owners to the gate and personally escort the person(s)from the gate to its office space/ premises/ said Unit and assume theresponsibility of escorting them out as well. It is, however, clarified that duringoffice hours, this restriction will be exercised only sparingly but beyond officeworking hours it will be exercised generally. The provision of this clause, will

not cast any liability ofany kind

8

upon Vendor or Maintenance Agency appo{~Y --,by Vendor. The cost of providing security services shall, however, be part of themaintenance charges;

it is expressly understood that the inlemal security of the said Unit and the men/materials kept therein and their safety shall be the sole responsibility of theVendee and Vendor shall in no way be concerned or liable for the same.

the proportionate amount of the external development charges (hereinafterreferred to as the "EDC") or the infrastructure development charges (hereinafterreferred to as the :1DC") levied by DTCP till the date of issue of license areincluded in the consideration for the Unit paid by the Vendee for the said Unit.Any increase in the EDC and /or TDC levied, by whatever name called or inwhatever form and with all such conditions imposed by Haryana Governmentand/ or any competent authority(ies) shall be borne and paid by the Vendee inproportion to the super area ofthe aforesaid "GLOBAL FOYER.




8." That the persons inducted by the Vendee in premises whether on lease/Licence or underany other relationship shall be bound by the terms of this Conveyance Deed. Anycontractual obligation between Vendor and such Occupant shall not vary or dischargeobligations of the Vendor as set out in this Deed. Even if the entry or Occupation in theUnit of the Vendee by a person/firm/Company is hostile or unauthorized, the same wouldnot absolve the Vendee ofhis obligations as set in herein above.


10. That Vendor shall indemnify and keep indemnified the Vendee, from and against alldemands, claim, losses, expense that may be made against or be suffered by the Vendeearising on account of any defect in the title of the plot of land on which the aforesaid"GLOBAL FOYER "is constructed.

Fon DD RESETS TT.LTD.I\JJ. ·\..._ " • _ -~.;:stn S:;uatoy

9



FIRST SCHEDULE

ALL THAT the freehold plot of land admeasuring 3.884 acres (15717.859 Square Meters) ofthe land, owned by MIS D.D. Resorts Pvt. Ltd., have all necessary legal and validly subsistinglicenses, approvals, consents and permissions for construction of the aforesaid "GLOBALFOYER (Formerly known as CITYSCAPE) ". The details of the said commercial Plot fordevelopment and construction of the Commercial Complex/ "GLOBAL FOYER "is as givenhereunder:Name ofCompany Village Khasra No. Area Mutation Nos.

(Owners)Mis D.D. Resorts Chakkarpur 537/2/2 Min, 3.884 1395, 1393, 1401, SalePvt. Ltd. 536/2 Min, Acres Deed Vasika No. 10731,


Min, 517Min 1392, 1399, 1400, 1397,1394 , 1414, 1415, 1417,1416, 1402, 1407, 1405,1403, Sale Deed VasikaNo. 6688, dated07.08.2001, 1 408, 1412,1410, 1409, 1411, 1413 andTaksim Mutation No.1336

SECOND SCHEDULE

Commercial Unit No. 10 on 07th Floor, having a super area of 1636.125 Sq. Ft. (152 Sq. Mrs.Appx.) in the said multi storeyed office cum commercial complex known as "GLOBAL FOYER"as described in the First Schedule hereinabove, situated on the "GLOBAL FOYER (Formerlyknown as CITYSCAPE) ", Sector-43, Gurgaon, Haryana - 122 002, along-with proportionate,undivided, impartible share and interest in the free hold plot of land on which the "GLOBALFOYER" is constructed together with the common right to use the open area, common areas andcommon amenities and facilities to be provided in the said "GLOBAL FOYER" and all mannerof rights, privileges, easements, advantages and appurtenances whatsoever to the said Unit. Thesaid Unit is indicated and bordered in red ink in the plan of the aforesaid Unit appended hereto as

. Annexure-A.This is a final document and supersedes all previous agreement.

Au!ho~i<;ed Sirm'1!r,·

For PACl IND/ALTD

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WITNESSES WHEREOF, the pa1ties have executed these presents at the place, day , month· and yeru- as fast above wdtten in th;f!!J/ce ofthe under noted.

f). <Jf' JJo -%ls"""oFor, Mis. D.D. Resort i J .- ·• ; 11~.Private Limited ("VENDOR") Gii (VENDEE)

,\ ., · ,,_·::t,:. Gurgaon

(Authorised Signatory}

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ANNEXURE-A

Floor plan ofthe floor on which the aforesaid Unit is situated, along with demarcation of the saidUNIT. .

ForPAC~LTD

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313CONVEYANCE DEED

Area

Consideration : Rs.1,77,96,188/.:Stamp Duty : Rs. 12.45,750/-Bank Receipt No./Date :GSR/001:256171/12.07.20 {O

Issue By : SBI Mehrauli Gurgaon Road,GurgaonProject : Global FoyerUnit No. 111 on i11 Floor

1490 Sq. Ft.

--~ r. L,.Tll!S CONVEYANCE DEED is L'Xl'Cllled at liurgaull om » /5'_pay or l4po1o.

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W MIS D.I) R_csorts Pvt Ltd thru Kishorc Kumar Agan\al(ffl1fERJ

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frarft Ad gurgaon a ft/fiRvat Bhanu Partap ga/gait/scat sf/iirf/ait Gau Shank:u f,ark 2130dh» MatDLE City gurgon a31831 : 1 «6l zH 7a€T/3qaaml a ii sra i an a man : 2 a7 ur a it

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MIs D.D. Resorts Private Limited. a company incorporated and validly exustung underprovisions of the Companies Act, 1956, having its Registered Office at 6, Jawahar Lai NehruRoad, 4 Floor Kolkata , Wes Bengal- 700013 and Corporate office at l l Ring Road, LajpatNagar-IV, New Delhi -1 10024 through its authorized Signatory Mr.Kishore Kumar AgarwalS/o Late Sh. Ramesh Chand Agarwal resident of B-108, 1" Floor, New Friends Colony NewDelhi - 110065, vide Board of Directors Resolution Dated 02" July 20 10, [Hereinafter referredto as the "VENDOR/SELLER" which expression, unless it be repugnant to the context ormeaning their of, shall mean and include its successors in business, Legal representatives,nominees and permitted assigns] of the ONE PART;

IN FAVOUR OF

MIS PACL INDIA LIMITED A COMPANY INCOROPRATED UNDER THECOMPANIES ACT, 1956, HAVING ITS CORPORATE OFFICE AT 7TH FLOOR GOPALDAS BHAWAN, 28 BARAKHAMBA ROAD, NEWDELHI-110001 through its authorizedsignatory Mr.Vipin Singh Bisht S/o Mr.Bag Singh Bisht vide Board of Directors ResolutionDated 10" June 201 0,[hereinafter called the "VENDEE" which expression, unless it berepugnant to the context or meaning thereof, shall mean and include its successors, legalrepresentatives, executors and assigns] of the OTHER PART.



(a) The Vendor is the absolute owner of a Plot of land bearing Khasra No. 537/2/2, 536/2,535/1, 533/1/1/2, 5 l 7 measuring 3 .884 Acres situated in the revenue estate of VillageChakkarpur, Sector-43, Tehsil & Distt. Gurgaon by way of revenue documentscomprising of Mutation Nos. 1395, 1393, 1401, 1398, 1394, 1397, 1396, 1400, 1399,1391, 1392, 1413,1403, 1402, 1405, 1404, 1406, 1407, 1408, 1411, 1409, 1410, 1414,1415, 1412, 1417, 1416, and Taksim Mutation No.1336 (hereinafter referred to as the"Commercial Plot"), more fully and particularly described in the FIRST SCHEDULE,

hereinunder;

(b) The Vendor/Seller has obtained licenses Nos.31,32, 33, and 34 of2004 and the same arelegally valid and subsisting (hereinafter referred to as the "Licenses"), from the DirectorTown and Country Planning, Chandigarh (hereinafter. referred to as the "DTCP") fordevelopment ofa commercial colony on the said Commercial Plot.

(c) The Vendor has completed construction and development of the aforesaid CommercialComplex through Mis. D.D. Resorts Pvt. Ltd. and has agreed to name of the saidCommercial Colony to be developed on the aforesaid Commercial Plot as "GLOBALFOYER (Formerly known as CITYSCAPE,) " ( hereinafter referred to as the"Commercial Complex/GLOBAL FOYER );.

(d) The Vendor/seller represents and warrants to the Vendee herein that the Vendor/Seller isentitled to deal with the Built-up area together with proportionate undivided. indivisible

Reg. No.10313

Reg. Year2010-201 I

Book No.

fcrnirilK1shor.:: Kumar Agarwal_~~.;...=:.:c., __

» D)V1pin Singh Bisht -(;t-1~- __

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3

and impartibleownership rights and share in the land underneath in the said commercialPlot alongiwith the constructions thereupon and the right to use the common areas andfacilities therein.

(e) The Vendor/Seller/ has procured all necessary consents, approvals, permissions etc. fromall concerned authorities required for utilization of ·the said commercial plot forcommercial purpose.

AND WHEREAS, the Vendor vide Buyer's Agreement dated 10.07.20 IO agreed- to transfer,sell, convey to the Vendee and the Vendee agreed to purchase Unit No. 11, on 77 poor, havinga super area of 1490 Sq. Ft. (138 Sq. Mtrs. Appx.) with proportionate, undivided, impartiableshare and interest in the aforesaid Commercial Plot, on which the aforesaid "GLOBAL FOYER)" is developed and constructed together with the right to use the open area, common areas, andcommon amenities, and facilities i.e. staircases, lifts, entrances, and exits of the· aforesaidCommercial Complex, water supply arrangement and installation i.e. power, light, sewerage; etc.and including all ease111ent rights attached therewith (hereinafter referred to as the said "Unit")more fully and particularly described in the SECOND SCHEDULE hereunder written and thefloor plan appended hereto as ANNEXURE-A, demarcating the aforesaid Unit'

AND WHEREAS, the Vendor has assured the Vendee that the said Unit is Saleable and hasagreed to sell and the Vendee has agreed lo purchase the aforesaid Unit for a total considerationof Rs.1,77,96,188/ (Rupees One Crores Seventy Seven Lacs Ninety Six Thousand OneHundred Eighty Eight Only) free from all encumbrances, lieris, lis pendens, charges, claims,demands, actions, attachments, trusts, prior agreements whatsoever or howsoever, on the termsand conditions hereinafter recorded and the Vendor had agreed to convey the title of the aforesaidUnit in favour of the Vendee on the terms and conditions given herein below:

NOW THEREFOR. THIS DEED CONVEYANCE WITNESSETH AS UNDER :

1. That in consideration for a sum ofRs. 1,77,96,188/ (Rupees One Crores Seventy SevenLacs Ninety Six Thousand One Hundred Eighty Eight Only), already paid by theVendee to the.Vendor, the· Vendor hereby sell, transfer and convey the aforesaid UnitNo. 11, on 7 Floor, having a super area of 1490 Sq. Ft. (138 Sq. Mtrs. Appx. ) in theaforesaid "GLOBAL FOYER (Formerly knowu as CITYSCAPE)", situated in VillageChakkerpur, Scctor-43, Golf Course Road, Gurgaon, Haryaia -122 002 along-withthe proportionate, undivided, impartible share in the land and interest in and usage of thesaid common areas and common amenities and facilities to be provided in the said"GLOBAL FOYER) "together with all sorts/ manner of rights, privileges, easements,advantages, appendages and appurtenances whatsoever to the said Unit, more fully andparticularly described in the Second Schedule and the Annexure-A, appended hereto andto hold, possess and enjoy the said Unit, free from all encumbrances, charges, liens, lispendens, attachments, trusts, prior agreements, whatsoever or howsoever. .

2. That Vendor hereby confirms and acknowledges the receipt ofthe total sale considerationin respect of the said Unit and that there is nothing due from the Vendee towards the saleconsideration in respect of the said Unit and the Vendor hereby acquit. release anddischarge the Vendee in respect of the sale consideration of the said Unit.

3. That, with consent of the Vendee herein, the aforesaid Unit has been handed over by theVendor to the Vendee herein, absolutely and forever, and the Vendee acknowledgeshaving taken over the possession of the same to its/his/her entire satisfaction complete inall respects without any defects or deficiency ofany kind.

For DD RESORTS T. LTD.

Auth Signatory

4

having taken over the possession of the same to its/his/her entire satisfaction complete inall respects without any defects or deficiency of any kind.





(b). That notwithstanding anything contained herein or elsewhere, it has been clearlyunderstood and agreed to by and between the Parties that the maintenance ofcommon areas/ facilities, supervision and services to the "GLOBAL FOYER)"shall be undertaken and handled by a maintenance agency appointed/ nominatedby the Vendor from time to time (hereinafter referred to as the "MaintenanceAgency''). The Vendee hereby has consented and execute the maintenanceagreements. The proportionate monthly charges, by whatever name called, shall·be borne by the Vendee and the purchasers/ occupants of individual units of thearea, as may be fixed/ applicable from time to time. The Vendee shall be entitledto use all common passages and common facilities in connection with the use andoccupation of the aforesaid Unit subject to the payment of such charges, whichmay be levied from time to time by the Maintenance Agency.


(a) the entire plot of land on which the aforesaid "GLOBAL FOYER " isconstructed, the superstructure constructed thereon and infra-structural facilitiesprovided therein shall remain under the possession, control and management ofthe Vendor and/ or the Maintenance Agency (nominated or appointed by Vendor)and the owner/ occupants of the individual Units/ portions/ spaces shall be boundby the rules and regulations made by the Maintenance Agency for the betterenjoyment of the building known as "GLOBAL FOYER "and a separatemaintenance agreement, which shall be in the standard form as will be decidedby the Maintenance Agency, for the entire complex, and will be executedbetween the Vendee and the Vendor and/or the Maintenance Agency in thisregard. The said maintenance agreement shall, inter alia, exhaustively defines thescope ofmaintenance of various services and facilities and the charges payableby the Vendee in respect thereof;

- TO.

2

5

(b) save and except the said Unit, the Vendee shall have no claim, right, title orinterest of any nature or kind over or in respect of all or any open spaces,common areas/ facilities/ equipment/ infra-structure, lobbies, staircases, lifts,terrace-roof (which shall remain the exclusive property of Vendor). However theVendee shall have right to enjoy mere the use of the open spaces, common areas/facilities/ equipment/ infra-structure, lobbies, staircases, lifts, without claimingany other right thereon;

(c) the Vendor shall always have the right to make additions, raise additional floorsor put upon additional structures, as may be permitted by the competentauthorities and such additional space/ areas/ structures/ floors shall be soleproperty ofVendor, who shall have unfettered rights inter-alia to dispose off thesame or any part thereof, without any interference on the part of the Vendee(individually) or collectively by one or more vendee(s)/ purchaser(s)/ occupant(s)of the other units in the aforesaid "GLOBALFOYER •

(d) the Vendee shall use the said Unit for permitted/ lawful purposes only and not tocarry on or permit to be carried on the aforesaid Unit or in any part thereof anyactivities which shall be or are likely to be in. contravention to the statutory byelaws, rules and regulations, or unlawful, obnoxious or of nuisance, annoyance ordisturbance to other occupants of the building/ "GLOBAL. FOYER (Formerlyknown as CITYSCAPE) ,, or store any goods ofhazardous or combustible natureor which are heavy so as to affect the construction or the structure of the saidbuilding/ "GLOBAL FOYER "or any part thereof or in any manner interfere forcommon use;


(f) Vendor shall be entitled to connect the electric, water, sanitary, power backup, airconditioning and drainage fittings on the additional structure(s)/ storey(s) withthe existing electric, water, sanitary, generator based power back up, airconditioning and drainage sources. Further, the terrace of the building includingthe parapet walls, shall always be the property of the Vendor and the agreementswith the Vendee and/ or with the other vendees/ buyers/ purchasers of the Unitsin the said building shall be subject to the aforesaid rights of the Vendor, whoshall be entitled to construct and use the said terrace and the parapet walls for allpurposes including, but not limited to, the display of advertisements and signboards or open air restaurant and the Vendor shall always have the right ofeasement to roof, parapet walls. Further, Vendor shall have the right to put upboards in common areas. The Vendee hereby gives consent to the above andagrees that the Vendee shall not be entitled lo raise objection or make any claimor claims of any reduction in the price of the said Unit agreed to be acquired bythe Vendee and/ or to any compensation or damages on the ground ofinconvenience or any other ground whatsoever;

For DD RE KT LID.

6 2a6(g) Vendor and/ or Maintenance Agency shall have the right to insure and keep

insured the structure of the building against such risks as Vendor and/or theMaintenance Agency may deem necessary and the insurance premium shall bepayable separately by the Vendee in proportion to the area of the said Unitpurchased by him vis-d-vis premium payable by Vendor and/ or MaintenanceAgency for the building. The contents, fixtures and fittings installed in theaforesaid Unit shall, however, be got insured by the Vendee/ occupier at its owncost;

(h) the Vendee or anyone claiming under or through Vendee shall not decorate theexterior ofthe aforesaid Unit otherwise than in the manner agreed to with Vendoror in the manner as similar as may be in which the same was previouslydecorated; close the verandahs or lounges or balconies or common passage orcommon corridors even if a particular floor(s) is occupied by the same party/Vendee, make any alterations in any elevation and outside color scheme of theexposed walls of the verandah lounge or any external walls or both the faces ofexternal doors and windows of the aforesaid Unit which in the opinion ofVendordiffer from the color scheme ofthe building;

(i) the Vendee (or its nominee/ tenants) shall not display or be permitted to displayname and address ofthe occupant ofthe aforesaid Unit at any place(s), other thanas may be permitted by the Vendor and not to put up any name or sign board,publicity or advertisement material on the external facet of the building/"GLOBAL FOYER " or anywhere in the common areas without the priorapproval of the Vendor in writing. All advertising rights in the entire building/"GLOBAL FOYER" including the right to use of terrace and roof and/ or below/outside the boundary wall of the said building, its peripheries exclusively vestwith Vendor;

(j) the Vendee hereby covenants to keep and maintain the aforesaid Units, peripherywalls, partition walls and sewers, drains, pipes and appurtenances thereto orbelonging thereto in the same good tenantable repair, state, order and condition inwhich it has been delivered to the Vendee and in particular, so as to support,shelter and protect all parts ofthe building other than the said Unit;

(k) the Vendee shall not let, sub-let, underlet, assign, lease, transfer, part with or inany way encumber the said Unit till all dues, of any nature whatsoever, owing toVendor/ Maintenance Agency or payable hereunder are fully paid before any ofthe above right is exercised and the Vendee obtains a no-dues certificate fromVendor/ Maintenance Agency for this purpose, which no-due certificate shall notbe unreasonably withheld;

(l) nothing contained in these presents shall, however, be construed to confer uponthe Vendee the rights, title or interest to grant, lease, demise or assign in the saidCommercial plot upon which the said "GLOBAL FOYER " is constructed or inthe rest of the building, except the aforesaid Unit and the proportionate,undivided, impartible rights relating thereto in the land underneath;

(m) all the transferees of the Vendee's interest in the said Unit including thesubsequent owners of the Unit, hereby being sold shall always be bound by the

For DD RESORTS 7LTD.~\.\,'-,•\..\..·'-""........,. L-'-- ..... ,,__.._

()

7

terms and conditions of this CONVEYANCE DEED and shall adhere andconform to the provisions of the Maintenance Agreement executed by theVendee;

furthermore, if the Vendee defaults in making payment of the amount due andpayable as above for its proportionate share of the maintenance charges, its shareof proportionate charges for the sinking fund (if any) to provide for replacementsin the said building, then Vendor shall, after giving ten (10) working days notice,be entitled to lock-up/ stop/ disconnect/ discontinue any or all the facilities/services to the aforesaid Unit, till such time that all the above dues are paid infull. The Vendee has also agreed that in the event of the Vendee failing to payany dues to the Vendor or its nominated Maintenance Agency as may becomepayable by the Vendee to the Vendor at any time, the Vendor shall have the firstclaim and charge on the aforesaid Unit hereby sold.

'This .right of Vendor shall be apart from the right to recover the charges withminimum interest of 24% p.a. from the Vendee and/or from the occupier of thesaid Unit from out of the rent payable to the 'Vendee through the process of courtor otherwise. Besides the Vendee undertakes to pay caution money/ securitydeposit for payment of common outgoing/ maintenance charges/ sinking fundcharges. Such deposit money will not bear any interest;

(o) if there is any additional levy, rate or charge of any kind attributable to the saidbuilding known as· "GLOBAL FOYER "as a consequence of Government,Statutory or any other Local Authority(ies) orders, the same, if applicable, shallalso be paid by the Vendee on pro-rata basis;

(p) at present the fire safety measures at the said building/ "GLOBAL FOYER "have been provided as per the existing fire safety code/ regulations. If, however,due to any subsequent legislation(s), Government Regulation, Order ordirective(s) or guidelines or if deemed necessary by Vendor , any further firesafety measures are to be undertaken due to additional requirement imposed bythe concerned authorities or for the better and/or more purposeful enjoyment ofthe said building, proportionate additional cost in respect thereof shall also bepayable on demand by the Vendee; -(q) the said Unit is a part of and located in the building complex known as"GLOBAL FOYER ". It is in the interest of the Vendee, occupants, owners ofdifferent spaces in the building complex that the entry to the building complex beregulated and some safeguard be provided to prevent entry of unauthorizedpersons in the building complex, including the common areas and to give aneffective hand to Vendor or the Maintenance Agency appointed by Vendor todeal with such unlawful entrants/ loiters/ peddlers, etc., and also to enableVendor or the Maintenan·ce Agency appointed by Vendor in particular and theVendee and/or occupants/ owners of the various spaces in general, to deal moreeffectively with the security of the "GLOBAL FOYER"and maintenance ofordertherein. For this purpose, the Vendee agrees that Vendor or the MaintenanceAgency appointed by Vendor shall be free to resist the entry al the outer gateitself. In case of insistence, the security staff will be at liberty lo call upon theVendee/ occupants/ lawful owners to the gate and personally escort the person(s)from the gate to its office space/ premises/ said Unit and assume the

For DD RESORTS

\-1...<..-

1L10.

8

responsibility of escorting them out as well. It is, however, clarified that duringoffice hours, this restriction will be exercised only sparingly but beyond officeworking hours it will be exercised generally. The provision of this clause, willnot cast any liability of any kind upon Vendor or Maintenance Agency appointedby Vendor. The cost of providing security services shall, however, be part of themaintenance charges;


(s). the proportionate amount of the external development charges (hereinafterreferred to as the DC"") or the infrastructure development charges (hereinafterreferred to as the :IDC) levied by DTCP till the date of issue of license areincluded in the consideration for the Unit paid by the Vendee for the said Unit.Any increase in the EDC and lor IDC levied, by whatever name called or inwhatever form and with all such conditions imposed by Haryana Governmentand/ or any competent authority(ies) shall be borne and paid by the Vendee inproportion to the super area ofthe aforesaid "GLOBAL FOYER.

@) if there is any additional Tax, levy, rate or charge of any kind attributable to thesaid "GLOBAL FOYER) " so developed on the aforesaid Commercial Plot asdetailed on the Scheduled Land as a consequence of any order of theGovernment, Statutory or any other Local Authorities(ies), the same, ifapplicable, shall also be paid by the Vendee on pro-rata basis.


7. That the Vendee may assign, transfer, lease or part with the possession of the said Unithereby sold after getting NOC from the maintenance agency/Vendor failing which it shallbe the responsibility of the Vendee to continue to pay any charges pertaining to the saidUnit or whatsoever nature payable under this CONVEYANCE DEED. The Vendee shallalso not sub-divide the said Unit in parts without the prior consent of the Vendor.•

8. That the persons inducted by the Vendee in premises whether on lease/Licence or underany other relationship shall be bound by the terms of this Conveyance Deed. Anycontractual obligation between Vendor and such Occupant shall not vary or dischargeobligations of the Vendor as set out in this Deed. Even if the entry or Occupation in theUnit of the Vendee by a person/firm/Company is hostile or unauthorized, the same wouldnot absolve the Vendee ofhis obligations as set in herein above.

9. That the Vendee can get the aforesaid Unit transferred and mutated in its own name asowner in the revenue .records or of any other concerned authority on the basis of thisCONVEYANCE DEED. However, if the Vendee transfers this Conveyance Deedthereby transferring the rights in the aforesaid Unit, all subsequent transferee shall bebound by the terms and conditions of this Conveyance Deed.

9




FIRST SCHEDULE

ALL THAT the freehold plot of land admeasuring 3.884 acres (15717.859 Square Meters) ofthe land, owned by MIs D.D. Resorts Pvt. Ltd., have all necessary legal and validly subsistinglicenses, approvals, consents and permissions for construction of the aforesaid "GLOBALFOYER (Formerly known as CITYSCAPE) ". The details of the said commercial Plot fordevelopment and construction of the Commercial Complex/ "GLOBAL FOYER "is as givenhereunder·Name ofCompany Village Khasra No. Area Mutation Nos.

(Owners)Mis D.D. Resorts Chakkarpur 537/2/2 Min, 3.884 1395, 1393, 1401, SalePvt. Ltd. $536/2 Min, Acres Deed Yasika No. 10731,

535/1, dated 02.1 J.2001 and533/1/1/2 Mutation No. 1398, 1391,

Min, 517Min 1392, 1399, 1 400, 1397,1394 , 1414, 1415, 1417,1416, 1402, 1407, 1405,

.. 1403, Sale Deed YasikaNo. 6688, dated07.08.2001, 1408, 1412,1410, 1409, 1411, 1413 andTaksim Mutation No. 1336

SECOND SCHEDULE

Commercial Unit No. I1 on 07th Floor, having a super area of 1490 Sq. Ft. (43& Sq. Mtrs.Appx. ) in the said multi storeyed office cum commercial complex known as "GLOBAL FOYER"as described in the First Schedule hereinabove, situated on the "GLOBAL FOYER (Formerlyknon as CITYSCAPE) ", Sector-43, Gurgaon, Haryana - 122 002, along-with proportionate,undivided, impartible share and interest in the free hold plot of land on which the "GLOBALFOYER" is constructed together with the common right to use the open area, common areas andcommon amenities and facilities to be provided in the said "GLOBAL FOYER " and all mannerof rights, privileges, easements, advantages and appurtenances whatsoever to the said Unit The

For DD RESORTS .TLD.

ult. Siguat!

said Unit is indicated and bordered in red ink in the plan of the aforesaid Unit appended hereto asAnnexure-A.This is a final document and supersedes all previous agreement.

2lo

Authorised Sionaton·

(VENDEE)

For PACL !NOIA LTD.

()zd__

10

IN WITNESSES WHEREOF, the parties have executed these presents at the place, day, monthand year as first above written in the presence fth under noted. Re%j«"Vv2]rs. r/ "C:>#y; »

:~ t\J · -•"- HNG!-tFor, Mis. D.D. ResortPrivate Limited ("VENDOR")

For 'D D RESORTS >VT. LTD..\tv,,-../\_,'V'-AJ<-'•)v-V--,V-,

Authi. Signatory(Authorised Signatory)

WITNESSES:-!.

2. J..tc,111.-{ tlxt .:f,:un1°

s;<> Jt.. Cr°a(A,{:S~+1 9, R, My1> (.,. r c,fy fJ-wM-Jv«


.LID.For DD RESORTS\«s.--""

Auth. Signatory

ANNEXURE-A

11

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FcrPAC~TD.

Aut!·orised Signatory

F.or PAC~~TD.

Aut!":onsed Sign;;tory

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f"ac--c•fl DELHI8

3

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THIS AGREEMENT FOR MAINTENANCE AND SERVICES[The 'Agreement) is made at New Delhi onthis dayof , 2008

Between Jj;M/s. Global Realty Creations Limited a Company incdiorated Jnder the provisions of the IndianCompanies Act, 1956 having its registered office at 3, §1/klet Place, Kolkatta, through its authorisedrepresentative hereinafter referred to as the 'Maintenaflde Agency', which expression shall, unless itbe repugnanllothe subject o, context, ;nclude Hs sucfest.Vrs an~;as1signs).

And ] I voleM/s (c. 6rxa lro- e6a- z"Earsta take. as la>a=bclka companyincorporated under the provisions of the Indian Comp~Hies Act, 1956 having its registered office atthrough its authorised representative hereinafter refer/b~ to as the ' Second Party, which expressionshall, unless it be repugnant to the subject or context, inc,~de its successors and permitted assigns).

And ·DD Resorts Private Limited, a company incorporated under the provisions of CompaniesAct, 1956,having its registered office at 11, Ring Rood, Laipat N&gar - IV, New Delhi - 110 024 through itsauthorised representative /1? JG1-t,4aK /(,1,120cr .=~~a;-49--µ'

(hereinafter called the' Endorsing Party', which exg~;sion1s~all, unless it be repugnant to thesubject or context, include its successor, representatives]~ ~dministrbtors and assigns).

}WHEREAS DD Resorts Private Limited has develope · 'jconstr,ucted and completed a multi-storiedcommercial/ shopping complex, known as, 1Global Fol~.. •', at s~dor 43, Golf Course Road, Gurgaon,Harayana (hereinafter referred toas the 'complex)» #] ;AND WHEREAS ,th'e Endorsing Party have also e~t~usted·,t~e Maintenance Agency, with theMan9gent, 9Pertignqnd Maintenance of various]services and facilities and the equipment (s)Installedmntheomplealongwath the activates Incidental thereto.

AND WHEREAS the Maintenance Agency shall prot· fde maintenance and operation of variousservices and facilities in the Complex through its n ' minated agency (hereinafter referred to as1Agency').

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of super area comprised onthula. ol z ewtth Joor inthe Complex (hereinafter referred toas the ' Premises') vide lease /sole Deed executed or.1 i '. (hereinafterreferred to as the 'Lease/Sale Agreement') on the ter]s and conditions stipulated therein from theEndorsing Party.

AND WHEREAS in the Lease/Sale Agreement, it is clearly understood and agreed between theparties that o maintenance agreement shall be executeTbetween the parties for the said unit and theSecond Party shall pay all such charges for the maintena ce and services by the Maintenance Agencyand/ or its nominee(s) for the period of its occupancy.

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AND WHEREAS the Second Porty agrees to pay Interest Free Security Deposit equivalent to 6 (Six)months ~aintenance Charges calculated _at the tentati~~ rate qf Rs.18/- per sq. ft. per month of thesuper- built up area sold/leased by Endorsing Partyt<:> ST:hf-nd Party, However, forshoppmg areas, 1.e.,Ground, First and Second floors, the tentative rates shal~

1:e Rs.2·?/- persq ft ofthe super built ofarea.

AND WHERES in terms of the Agreement, the Maintenance #Agency herein has agreed to providethe operation and maintenance of common services,j faciliijes and equipment catering to theComplex/ Premises on terms & conditions set forth hererafter.

NOW THEREFORE IT IS AGREED BYAND AMONGST THE PARTIES AS FOLLOWS. . I1 .1 Subject to the provision of this agreement, the Maintenance Agency hereby agrees to

maintain directly or through Agency, the Common Areas of the Complex and operation ofvarious facilities and shall provide the common services and operation of various facilities setforth in Clause 2 of theAgreement (bereinafterreferr,dto as the 'Services').

l .2 The Maintenance Agency or its Agency shall pro~ipe Seryices to the Second Party from the dateof handing over of possession/deemed posses~19n (h~teinafter called the 'CommencementDate'). It is understood that in the event the Second Party fails to take possession of the Premisesthe Second Party shall be deemed to have taken possession and it shall be liable to paymaintenance charges from the Commencement Date of possession of the premises.

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1.3 The Maintenance Agency / Agency shall maintain all services, facilities & equipment in theComplex in good order and condition and shall ;carry out all major and structural repairs ifrequired, through or in consultation with the Endorsing Party or through his nominatedcontractor/agency.

l .4 In order to create a sinking fund so as to secure adequate provision for the replacement,refurbishing, major repairs of the facilities and equipments etc., installed in the Complex andother similar capital expenditure, the occupa~t/Second Party 1s, simultaneous with theexecutionofthisAgreement, required to pay [a non-refundable, non-interest bearingsubscription of Rs.1.50 per/sq ft as per Super Built Up Area of the unit on monthly basis.

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1.5 The Sinking Fund shall be utilized, from time to: time, by the Developer to meet the cost ofreplacement, refurbishing, major repairs of the facilities and equipments etc., installed in theComplex or on account of any unforeseen occurrence in future. Where in the assessment oftheDeveloper/Endorsing Party, the total amount in the Sinking Fund is not adequate to cover thecost of various capital expenditure, as mentioned above, the Developer/Endorsing Party mayfrom time to time, require the Member/Occupant/Second Party to make proportionateadditional contribution towards the Sinking Fund.

l .6 The Maintenance Agency / Agency shall mai~tain an adequate and proper central airconditioning system and power backup and operate the same for provision of Services in theComplex during the normal office hours except Sundays and public holidays. r,Ne will observeholidays declared by Haryana Government as P~blic Holidays).

j1.7 Except to the extent of interruption caused by unavoidable mechanical defect or electrical

failure or for reasons beyond the control of the Mc!iintenance Agency/ Agency, the Maintenancegej4Agengy shall provide common facilities and services in respect of air-conditioning /bjeititg.filities'jig:the normal office hours from 8 A.M to 8 PM. except Sundays and PublicHolidays. In the event}theSecond Party requires supply of air-conditioning / heating facilitiesbeyond the normal office hours or on Sundays a Md Public Holidays, the Maintenance Agency/Agency shall provide, if possible, these subject to the Second Party paying extra charges at arate double the normal time rate as set forth in clause 3.4

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1 .8 The Maintenance Agency/ Agency shall maintain the elevators installed in the Complex andmake those available for use of the Second Party and other occupants in accordance with theprovisions ofthis Agreement.

1 . 9 Except to the extent of interruption caused by unavoidable mechanical defect or electricalfailure or for reasons beyond its control, the Maintenance Agency/ Agency shall operate theElevators at all times during the normal office hours as specified hereinabove. In the event theSecond Porty requires operation of elevators beyond the normal office hours or on Sundays andPublic Holidays, the Maintenance Agency/ Agency shall, if possible, provide the same subjectto the Second Party paying extra charges

1.1 O In the event of any mechanical defect or electrical failure, the Maintenance Agency/ Agencywill make all reasonable efforts to rectify the same at the earliest.

2. Common Facilities & Services:

These include the following:

2.1 Operation & Maintenance of air-conditioning system and plants, Fire Fighting system, lifts,other electrical & mechanical equipment systems, electric sub-station connected with thesupply of electrical energy to all occupants of the Building and all other equipments installedfor provision of common services in the Complex.

2.2 Open and Common Areas Maintenance Services: These relate to operation andmaintenance of common areas, lifts, stairs, basement, terraces / refuge areas, compoundmall landscaping, electrification of plot, water supply, sewerage, roads, footpaths etc.

2.3 Operation & Maintenance Services located In the Basement: These shall inter alia relateto operation and maintenance of basement services, such as, electric Sub-station, Pump (S),Fire Fighting Room (s), Transformer (S), D G Set(s), Water Tank (s) and other services in thebasement.

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22.4 Open Area Maintenance Services: These relate to operation and maintenance of open

Spaces within the Complex, such as, maintenance of compound wall, landscaping,electrification of the plot, water supply, sewerage, roads, paths and other services within theComplex.

2.5 Security Services for common areas in the Complex. The Second Party would take all precautions andextent full cooperation to the Maintenance Agency in discharge of their duties. TheMaintenance Agency/ Endorsing Party shall not be responsible for the loss of any valuable leftin the car orfor the theft of the car and valuables or both.

2.6 Insurance of structure (s) and common plants & equipment in the Complex shall be theresponsibility of the Maintenance Agency. However, insurance of interiors of the Premises orany articles kept or stored therein is the responsibility of the Second Party. The Endorsing Partyherein authorize the Maintenance Agency /Agency to insure shell structure of the Premises/Complex and all equipment for provision of Services pertaining thereto.

Note: It is understood that maintenance inside the Premises as such is the responsibility of the SecondParty.

3. Maintenance Charges & Computation.The Second Party will be required to bear the cost of services as defined in Clause 2 & 3, whichshall be payable by the Second Party in the manner specified below:

3.1 In consideration of the payment of the monthly charges herein fixed and the deposits hereinagreed to be made by the Second Party, the Agency shall provide the Second Party, inaccordance with the provisions of this Agreement, various operational and maintenanceservices.,

3.2 ti##ii#'#am#thine Charges shall be limited to the following:2%·+2';:il- :4• • • 1 , , ... _.

i. Open Area Maintenanc:'e Charges: These charges relate to maintenance of open spacewithin the boundary wall. of the Complex, but outside the same, such as, maintenance ofcompound wall, landscaping, electrification, water supply, Tube well, sewerage, roads andpaths and otherservices etc.

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+ii. Common Areas Maintenance Charges: These charges relate to maintenance of common

areas, lifts, fire fighting equipment and otherservices etc. inside the Complex.

iii. Maintenance Charges of Basement and Services in the Basement: These charges shallinter- alia relate to maintenance of basement and services, such as, electric sub- station,pumps, fire-fighting rooms, transformer, DG set, water tanks and other services in theBasement.

iv. Cost of security services provided for the Complex covering the common areas.

v. Service Contract Expenditure, charges for operation and maintenance of all electromechanical equipment and / or any other equipment installed for rendering maintenanceservices, including central air-conditioning plants / equipment, generators, lifts etc. in theComplex.

vi. Cost of electricity for all maintenance services including the parking area and, externalcommon areas etc.

vii. Cost of maintenance and landscaping of open areas and pest control of common areas inand around the Complex.

viii. Cost of maintenance, cleaning, painting and replacement in common areas.

ix. Cost of administrative staff and the maintenance staff of the Complex.

x. Maintenance Charges.also includes operational & maintenance charges levied/leviable by therelevant authorities, forums, owners, associations, nominee or assignees of the intendingmaintenance agency.

xi. Cost of consumables for all services in common areas, and equipment pertaining to provisionof common services and facilities, including cost ofdiesel and lubricants for DG sets.

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xii. Other necessary / ancillary expense and charges including but not limited to insurance,incidental to the preservation and maintenance of the property, and building structure and foradequate provision of common services & facilities in the Complex.

xiii. The said maintenance charge doesn't include maintenance inside the said premises, whichshall be the responsibility of the Second Party.

3.2. l To enable and secure the Maintenance Agency, to render the maintenance services asmentioned herein above; the Second Party shall pay an Interest Free Security Deposit of Rs.62col RoreesS 4<jgea« alAee04)

equivalent to 6_ months tentative maintenance charges as rate of Rs.18/- per. sq. ft. permonth for office areas, i.e., from 3"floor to the roof top and for shopping areas, i.e., Ground,First and Second floors at Rs.23/- per sq ft per month on super area as provided in the LeaseAgreement or as otherwise mutually agreed between the parties hereto.

3.3 The cost of major repairs of structure, plant and equipment or installation of plant andequipment in the Complex as determined by the Maintenance Agency/ Endorsing Party shallbe charged extra from the occupants in the Complex in proportion to the Super Built up Area.

3.4 Any Service required by the Second Party beyond normal office hours i.e. 8 A.M to 8 P.M and/ orSundays and Public Holidays, for its exclusive use and / or common service required by theSecond Party along with other occupants beyond normal office hours shall be provided by theMaintenance Agency/ Agency at extra cost as stipulated herein. For rendering such services,the Maintenance Agency shall bill at two times of the cost incurred for providing usualmaintenance services beyond office hours, as aforesaid, or for any additional / specificservices as may be desired by the Second Party.

3.5 Al~C?.V~rhead:expenses incurred by the Maintenance Agency/ Agency directly for provision of·<+,1' » }. }.: ,n

Services mn the Complex, including salaries, wages and benefits payable to the employees andother :overhead experisesshall be taken into account for computation of MaintenanceCharges:

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3.6 The Maintenance Agency I Agency shall bill for the consumption of electrical energy inside thePremises based on the number of units consumed as indicated by the meter(s) installed in thepremises at pre-determined rates, which for want of a more suitable standard rate shallcorrespond to the rates charged by D.H.B.V.N for its direct consumers falling in the schedule oftariff as applicable from time to time to the Premises/ Complex, as if the electrical energywasdirectly supplied by D.H.B.V.N. The electrical load as provided by the endorsing party for thesaid premises is KW. The bill shall also include the meter hire charges and aminimum demand charge if the consumption falls below the minimum demand as per theapplicable schedule of tariff. The consumption of electrical energy as indicated above shall beshall billed along with the bill for the maintenance charges. However, in case the governmentimposes any tax or duty on the Maintenance Agency for generating electricity or the billsraised towards electricity charges become liable for payment of any tax such amounts shall becharged additionally.

3.7 The cost of insuring the structure of the Complex shall form part of maintenance (Insurance)charges. However, the Second Party may take out an Insurance Policy for insuring the interiorsand the contents and articles kept or stored within the Premises, if it so desires, and theMaintenance Agency/ Agency shall have no responsibility in any manner.

3.8 That the first party / maintenance company at the end of each financial year, will gets itsaccounts audited to ascertain the actual cost of providing the common facilities and servicesduring the year under audit. The cost so arrived shall become the basis for raising bills in thesubsequent financial years after determining the final maintenance charges in accordancewith the formula giyen in clause 3.9 hereunder and in case there is any deficit, the same shall· 1t,+·'.··- · }. ·be recoveredproportionately in the subsequent bills. The bills towards maintenance chargesfor the intervening period, from the dote of commencement of the next financial year and theaudit of accounts of the previous year shall be raised on the basis of the audited newmaintenance charges.

3.9 That the first party/ Maintenance Company shall have the right to increase, revise or modifycharges of any service or services as necessary to meet the prevailing of services and maintainstandard of quality of services. The billing shall be done on actual + 20% mark-up. The firstparty/ maintenance companywill make available a copy of the audited balance sheet to eachoccupant / allottee (s) on request.

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4 Billing & Payment

4.1 Bill for maintenance charges shall be raised every month in advance. However supply ofelectrical energy inside the premises shall be billed on the basis of actual consumption basedon meter reading of the previous month and billed in the beginning ofthe current month.

4.2 That the first party/ Maintenance Company shall have the right to increase, revise or modifycharges of any service or services as necessary to meet the prevailing of services and maintainstandard of quality of services. The billing shall be done on actual + 20% mark-up. The firstparty/ maintenance companywill make available a copy of the audited balance sheet to eachoccupant/ allottee(s) on request. (Point 3.9 &4.2 same)

4.3 I is agreed between the parties hereto that the said Interest Free Maintenance Security Depositshall be used by the First Party or the maintenance company for capital expenditure in the saidcomplex forwhich the First Party through the maintenance company shall provide and furnisha statement of such proportionate expenses in respect of the capital expenditures as increasedfor the complex and the same shall be deducted from the interest free maintenance securitydeposit by the first party. It is further agreed between the parties hereto, that the second partyshall always maintain the said interest free maintenance security deposit equal to six monthsmaintenance charges and in case any amounts that are deducted from the interest freemaintenance security deposit by the first party towards capital expenditure the same shall bemade good by the second party so as to maintain the interest free maintenance securitydeposit always equal to six months maintenance charges.

4.4 That Calculation of maintenance charges shall be done in the following manner:

(A) Cost of entire maintenance services, inclusive of consumables, provided by FirstParty/maintenance companyAdd (B) Total cost of electrical energy as per the bill paid to D.H.B.V.N. by the firstPcir;tY/rnainte'~cince compariy and the cost of operation end maintenance of DG Sets includingel««Sf ;:4 t:; «· :». . •fue'I".'' ·· '· · • ·· ·.. ··'. • :· ·· ·... 4. ·• .• .-..d ,-·if:

Less (C-) 'Receipts'by 'the Frst Party/maintenance company from the Allottee(s)/Occupants inrespect of monthly electricity bills for consumption of electrical energy consumed on basis ofmeter reading as per Clause 3.7.

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F o r DI R es o r ts P v La

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The resultant total shall be divided by the total occupied Super Built-up area of the Complexplus fifty (50%) percent of the vacant super built-up area to arrive at the maintenance chargesper sq.ft. per month which shall be multiplied by 1.2 times to arrive at the maintenancecharges per sq.ft. ofthe super areapayable by any individual occupant/owner. The Sq.ft. charge so arrived at shall be multiplied bytotal super area of each Owner/occupant for purposes of individual billing.

Maintenance Charges per sq.ft. =+ Service Tax (12.36%)

A+B+CTotal Occupied Super Built-up Area.Plus 50% of the vacant super built-up area.

The Owner of the vacant or unoccupied areas including the developers shall also be liable topay the maintenance charges @ 50% (fifty percent) of the usual charges. This liability shallcommence from the date prescribed in the Notice of Possession and once the vacant areais occupied, the Owner/Developers should be liable to pay full maintenance charges, likeother occupants, and 50% concession will not be applicable.

4.5 The Second Party shall pay in full the maintenance bill presented to it and the MaintenanceAgency THROUGH A DEMAND DRAFT ORA LOCAL CHEQUE. Agency shall not accept a n ypart payment of any bill.

4.6 The Maintenance Agency / Agency shall charge interest @18% p.a for the period of delay inpayment after due date subject to clause4.7 below.

4.7 Payments shall be made through crossed cheque or demand draft only drawn in favour of theMaintenance Agency and payable at Gurgaon / New Delhi and shall be subject to realisation.· ''°- ·· 4' ·No outstation chequeswill be accepted.

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4.8 The payment of bills shall not be withheld by the Second Party or delayed if there is anydifference or dispute as to its accuracy. The Second Party will approach the MaintenanceAgency for correction within the grace period of ?(seven) days. However, if any difference ordispute regarding accuracy ofabillstill persists, the same shall be settled as provided in Clause 21 below but payment of the bill(s)shall not be withheld on any account.

4. 9 Without prejudice to the right of the Maintenance Agency to charge interest for the period ofdelay in payment of a bill by the due date, in case the Second Party fails to the pay the bill on orafter seven (7) days of the due date then the bill shall be deemed to be a NOTICE and theelectric supply to the premises and the Maintenance & Operation of services to the Second Partyshall be disconnected/ discontinued after expiry of seven (7) days of the due date mentioned inthe bill with out any further notice in this regard. The supply shall not be reconnected and themaintenance vis-a-vis the premises shall not be restored unless and until the amount shown inthe bill together with interest @18% p.a. for the period of delay and all other connectedexpenses incurred / to be incurred in cutting of or reconnecting the electric supply and themaintenance services have been paid by the Second Porty. The bill shall be treated as a Noticefor disconnection in the event of non-payment by the Second Party, notwithstanding inclusion ofany part of the charges in the bill under default being included in the subsequent bills sent bythe Maintenance Agency/ Agency.

5 The Second Party agrees that its right to use the common facilities, including the supply ofelectrical energy, shall be subject to regular and prompt payment of maintenance chargesbilled by the Maintenance Agency. If Maintenance Charges or any parts thereof are not paidregularly, the Second Party shall lose its right to use any of the common facilities including rightto receive electrical energy inside the Premises. However, so long as the Maintenance Charges(all payments) envisaged under these presents are regularly paid and all the covenants hereincontained are observed the right of the Second Party to use common facilities shall subsist.lncase the Second Party fails to pay the Maintenance Charges the Second Party, agrees tocreate floating charge or charges on his goods and chattels, (if self occupied) on the rentreceivable (if on lease) as the case may be.

6. DURATION OF THIS AGREEMENT & ITS EARLIER TERMINATION

6. 1 The Maintenance Agency/ Agency shall provide maintenance services as set out herein- aboveinitially for;a period of three.(3) years and to be renewed forfurther period(s) of three (3) yearseach .ontermis&: conditionsagreed between the Parties unless otherwise the Agreement isterr:ninatecl / ·stands'formiribted earlier as provided in Clause 6,2 hereunder.

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6.2 The Second Party shall obtain a proper NOC from the maintenance company prior to sale,transfer or parting with the possession of the Said Premises. The maintenance company willgrant the 'No Objection Certificate' subject to payment of all outstanding dues on account ofmaintenance and /or any other account payable under the provisions of this Agreement, ThisAgreement shall stand terminated as and when Second Party sells, transfers or parts withpossession of the said premises.

6.3 If the second party delays payment of the maintenance security deposit, the maintenanceagency shall not commence providing ofservices as envisaged in this agreement.

6.4 The Second Party shall ensure that the transferee(s) undertake to adhere to and conform to allthe provisions of this Agreement and the other terms and conditions of NOC issued by theendorsing party.

6.5 The maintenance agency shall either transfer Security Deposit after adjustment of alloutstanding dues and on receipt of advice from Second Party and execution of MaintenanceAgreement by the transferee (s) or refund the security deposit at the time of execution of themaintenance agreement with the transferee (s).

6.6 The Endorsing Party/ Maintenance Agency shall apply for permission from D.H.B.V.N to receivebulk supply of electrical energy and its distribution to the Complex/ Occupants including thePremises depending upon the individual requirement. The Maintenance Agency will alsoinstall diesel generators of adequate capacity to provide full back-up and cater to emergencyrequirement of the occupants/complex. The Maintenance Agency/ Agency shall supplyelectrical energy as part of its maintenance services and not as a separate function.

"Authorised Sin1rtor

6. 7 It is clarified that maintenance of services is done by the Maintenance Agency/ Agency throughvarious outside · agencies under separate Agreements entered into with them. TheMaintenance ·Agency,shall be responsible for ensuring performance of all such outsideagencies in accordance with the obligation undertaken by the Maintenance Agency underthis Agreement. Endorsing Party and The Second Party shall obtain a proper NOC from theMaintenance Agency prior to sale, transfer or parting with the possession of the Premises. TheMaintenance Agency will grant 'No Objection Certificate' subject to payment of all

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outstanding dues on account of maintenance and /or any other account payable under theprovisions of this Agreement. This Agreement shall stand terminated as and when SecondParty sells, transfers or partswith the possessions of the Premises.

6.8 The Endorsing Party shall either transfer Security Deposit after adjustments of all outstandingdues and on receipt of advice from the Second Party and execution ofMaintenance Agreementby the transferee(s) or refund theSecurity deposit at the time of execution of the MaintenanceAgreement.

7. That in event the Second Party sells the Premises during the subsistence of this Agreement, theSecond Party shall ensure that the Transferee undertakes to adhere and conforms to all theterms of this Agreement. It shall be a condition precedent to the grant of NOC by themaintenance agency that the prospective Purchaser/Transferee executes a similarMaintenance Agreement with the Maintenance Agency.

7 .1 That in the event of sale by second party, it shall be a condition precedent to the grant of NOC,that the amount of unadjusted Security Deposit as provided in Clause 3.2.1 herein has eitherbeen transferred to the credit of the Prospective Purchaser/the Transferee in which case all theobligations of the maintenance agency to refund the unadjusted Security Deposit shall standdischarged or a fresh Interest Free Maintenance Deposit as per the said clause has beendeposited by the Prospective Purchaser/the Transferee unto the maintenance agency at thetime of execution of fresh Maintenance Agreement by such Transferee, and only thereafter, theaforesaid unadjusted Security Deposit will be refunded by the maintenance agency to thesecond party .

7.2 In the event the premise is leased by the second party, it shall be incumbent upon the secondparty to ensure that such lessee adheres to all the terms and conditions of this agreement byappropriate endorsement. However, the responsibility for payment of maintenance chargesenvisaged herein shall be that of second party as owner of the premises, who may cause thesame to be paid by such lessee on its behalf. Liability of payment of maintenance charges insuch cases is joint and several.

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8. It is clarified that maintenance of services is done by the maintenance agency/ agency throughvarious outside agencies under separate agreements entered into with them. The maintenanceagency shall be responsible for ensuring performance of all such outside agencies inaccordance with the obligation undertaken by the maintenance agency under this agreement.Endorsing party and the lessee second party accepts no legal liability arising from acts ofomission, commission, negligence ordefaults ofthese agencies.

9 It is specifically agreed by and between the Parties that this Agreement will run concurrentlywith the Lease Agreement and both this Agreement and Lease Agreement will be co-existingand co-terminus.

1 O The Maintenance Agency/ Agency shall in no way be responsible or liable for any fire electrical,pollution, structural and/ or any kind of hazard, originating from the said Premises which mayarise due to any lapse, default, negligence or omission of the Second Party/ Occupant (s) dueto any equipment installed in the Premises. The hazard as aforesaid originating from thePremises shall not impose any kind of financial or legal liability on the Maintenance Agency/Agency, and the Second Party and the Endorsing Party agrees to keep the Maintenance Agencyfully indemnified and keep them harmless against any loss or damage that may be caused to itor the Complex or its installations, fittings equipment, Plants, etc, on account of the foregoing.The Second Party shall ensure that the Internal Air- conditioning and electrical systems and/ orany otherwork or thing done internallywithin the Premises or externally shall not pose any fire,electrical, structural, pollution and health hazard for which the Second Party shall solely beresponsible for all the legal and financial consequences arising therefrom.

17. The Second' Pit;'ill have to provide to the Maintenance Agency all the drawings anddiagrdris pertaining to electrical wiring, switch gear, air-conditioning ducting, plumbing and all

such services utilities which are connected with the main equipment /service of the Complex

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Authorised Sianator.

and shall employ/engage the same contractor for these services who had been engaged by theEndorsing Party to maintain the standards, quality and for fixing responsibility in case of anymishap.

12. The Parties agrees and confirms that the 'Services' shall be offered as a bouquet service on anexclusive basis and the Second Party shall have no option to choose any one or several of theServices to be provided by the Maintenance Agency under this Agreement. It is further clarifiedthat the Second Party shall not engage any outsider for any Services assigned to theMaintenance Agency.

13. The Second Party will have to bear the cost of all damages/ breakage caused by the SecondParty / its agents / its visitors to the Building / Structures / Equipment / fabric of theComplex and shall forthwith reimburse all costs in connection with the replacement/rectification on account of the above to the Maintenance Agency / Agency as and whendemanded.

14, The Maintenance Agency/ Agency directly or through their duly authorised agency will havethe right to frame and modify from time to time house rules for all occupants / tenants /purchasers within the Complex Building which shall be adhered to and observed strictly by theSecond Party.

15. All costs, charges and expenses payable or in respect of this Agreement and on all otherinstruments and deeds to be executed, if any, pursuant to this Agreement shall be borne andpaid by the Second Party.

16. The failure of the Maintenance Agency/Agency to enforce at anytime or for any period of timeany provision (s) hereof shall not be construed to be a waiver of any provision or of the righttherefore to enforce anyor each and every provision of this Agreement.

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17. If any provision of this Agreement shall be determined to be void or unenforceable under anylaw, such provision shall be deemed amended or deleted to the extent necessary to conform toapplicable lows and the remaining provisions of this Agreement shall remain valid andenforceable.

18. The Maintenance Agency /Agency shall not be held responsible or liable for not performing itsobligations under this Agreement due to FORCE MAJEURE conditions orfor reasons beyond thecontrol of the Maintenance Agency/Agency. The Force Majeure conditions shall inter aliainclude strikes, enemy action, floods, earthquake, deluge of rain, any other natural calamity etc.

19. That it is clearly understood and agreed by and between the Parties hereto that all theprovisions contained herein and the obligations arising hereunder in respect of the premises,shall equally be applicable and enforceable against all occupants, tenants/ employees of theSecond Party and/ or subsequent purchasers of the premises, as the said obligations go alongwith Premises for all intents and purposes.

20. It is agreed between the Parties that the commencement of this Agreement is the date when thepossession of the Premises is handed over or deemed to have been handed over to the SecondParty as provided in the Lease Agreement to be executed between the Endorsing Party and theSecond Party.

21. That excepting the cases of theft /pilferage of electrical energy or interference in meter etc.,(which are prima-facie offences) and only after the bill amount payable by the Second Party tothe Maintenance Agency, in the event of any dispute or difference arising between the Parties inrespect ofthe terms & conditions under this Agreement which cannot be settled amicablybetween the Parties hereto, shall be referred to the sole arbitrator appointed by mutualconsent of the parties hereto, in accordance with the provisions of the Arbitration and

'Conciliation Act 1996 as amended or re-enacted from time to time. Reference to and

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pendency of Arbitration shall be without prejudice to the right of the MaintenanceAgency to effect recovery of its dues under this Agreement. The Award of the arbitrator shallbe final and binding between the parties hereto. The arbitrator will give the award within 8(eight) months of the reference. The period of giving of the Award can be extended by mutualconsent of the parties. The Arbitration proceeding will be held in New Gurgaon. The feepayablefor theArbitration shall be borne by the Parties in equal proportion.

IN WITNESS WHEREOF, THE PARTIES HERETO HAVE SET OUT THEIR HANDS TO THIS AGREEMENTATGURGAON ON THE DAY, MONTH AND YEAR FIRST ABOVE MENTIONED IN THE PRESENCE OF THEFOLLOWING

SECOND PARTYFor & behalf of

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Authorised Sianator


ENDORSING PARTYWITNESSES

1.

2.

JUNE 11,2016

TO,A4 aT5pry.?A "A I I I j LL,:J.•, lfJ J", ..SsHRI RAKESH KUMAR SINGH, • "U%2%

(DEPUTY GENERAL MANAGER & •g '.a$"NODAL OFFICER-CUM-SECRETARY TO [g3' ·cs xHON'BLE SHRI JUSTICE R. M. LODHA COMMITTEE@j •.. -; l_. i a .. • ••' I

SECURITIES AND EXCHANGE BOARD or IDA, 2= D19 !SEBI BHAVAN, -. $SSANDRA KURLA COMPLEX, SANDRA •AssMUMBAI - 400051. .sis

Respected Sir,

SUB: REGARDING RECOVERY OF DUES AMOUNTING TO RS.4,76,53,301/- ALONGWITH INTEREST @ 24% PERANNUM FROM M/S. PACL INDIA LTD.

That the Claimant Company namely M/s. DD Resorts

Private Ltd. having its Registered Office at 11, Ring Road, Lajpatnagar.. - IV, New-Delhi..- 110024 entered ..into. an agreement .for

Maintenance & Services with M/s. PACL India Lt_d. in respect tobuilding situated at Global Foyer, Sector - 43, Golf Course Road,Gurgaon, Haryana (hereinafter referred to as the 'Complex').

2) M/s. PACL India Ltd. is the owner of various units situated inthe said complex at different floors. The claimant company is

responsible for upkeep and maintenance of the said complex inwhich M/s. PACL India Ltd. is having various units/shops/flats.

M/s. PACL India Ltd, has also agreed to pay the charges for

maintenance & seri,9~-e-s as per the terms of clause 3.2.1 of the

3) That M/s. PACL India ltd. has made a payment of Rs.

47,69,063/- till now and a some of Rs 4,76,53,301/- is still

pending against M/s. PACL India Ltd. till May, 2016. Over and

above M/s. PACL India Ltd. has.also defaulted in depositing in TDS

amount on the said payment made to the claimant company.

lo

22%4) It is pertinent to mention here that as per terms

conditions of the Agreement the supply of electricity and ot

maintenance of the premises shall not be restored unless i

until the amount shown in the last bill alongwith the interes1

repaid for the entire period of delay and thus all other connecexpenses incurred/to be incurred in disconnecting the facilitiesin reconnecting the electric supply and maintenance servic

would be paid the purchaser(s).

5) M/s. PACL India Ltd. bas also defaulted in making ti

payment despite having the agreement with the claimacompany and has failed to pay the total amount of R

4,76,53,301/- pending till May, 2016. The details of unit-wis

payment recoverable from M/s. PACL India Ltd. is annexe

herewith this Representation as ANNEXURE -1.

6) That the Claimant has issued several demand letters to M/sPACL India Ltd. for clearance of dues, but the same has not yebeen honored or paid.

7) That the claimant Company has come to know by way ofpublic notice published in daily English newspaper i.e. "Time of

India" on 29/05/2016 stating that the properties owned by M/s.

. PACL India Ltd. has been put under auction including the units

owned by M/s. PACL India Ltd. in this complex. This sell is being

conducted by your goodself committee in pursuance to the Orderdated 02.02.2016 passed by the Hon'ble Supreme Court of Indiain Civil Appeal No. 13301 of 2015.

8) In view of the aforesaid Order of Hon'ble Supreme Court of

India, the claimant company is making its claim before your

committee for getting its amount recovered from M/s. PACL India

Ltd. by way of process adopted by your goodself.

9) That the amount which the Claimant is entitled to recover

against the property in question from M/S. PACL India Ltd. and

the same is an admitted liability of the owner/purchaser. It is

important to mention here that who so ever will come in the

possession233

of the property in question would be liable and·f

41·,responsible to clear the dues for which the Claimant is entitled,

then only the basic services/facilities regarding electricity andmaintenance etc. would be restored.

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owner/any subsequent purchasers if any...I

10) That in view of this, the Claimant is having lawful and

legitimate claim against the property in question from the

11) That the Committee is putting the property under sale ofM/s. PACL India Ltd. against. which the claimant is having its

legitimate dues of Rs. 4,76,53,301/- with 24% interest p.a.

pending with the said Company since long. Therefore, theClaimant is approaching your goodself by way of registering itsclaim with your committee for your kind consideration anddisbursement of its dues.

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. It is prayed accordingly.

Yours faithfully,

,,ZS,rt-rev-. Agarwal

Director

Global Realty Creations Ltd.

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.ANf.11' ---~

28, February,2019

Itt

To,

Hon'ble Shri Justice(Retd.) R.M.Lodha Committee

The Ashok, Annexe Building, (Oudh Corridor),

50-B Chanakyapuri,

New Delhi, Delhi 110021

Respected Sir,

Rupee::toamountingSUB: Re.gar.ding outsta:n'din.g of dues14,29.,83:,62-9,w721- from: NI/s PACL India Ltd.

We. are writing in furtherance to our letter dated 11/06/2016 which waireceived a:t SEBI, SEBI Bhavan, BKC, Mumbai on 13/06/2016.

1!1'I,,I!

We further wish to inform you that as on 28/2/2019 an aggregate am.ount oRs 14,29,83,629.72/- is recoverable by us from PACL, details of the amount i:attached with this letter and marked as annexure 1.

Please take note of our above referred dues and we further request to you thathis am.aunt should be brought in the notice of intendfu.g buyers that is th,hayers if any, proposimg to buy this property:

Thanking you,

You.rs F:aitbfuliy_For RaJdarbalR&a?Lt<\..

Arun Kumar@s#{±j#erk


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rt -DETAIL OF DUES PACL LTD. [7TH FLOOR, 3F-04, 04A & 6F-04]

From 16 December, 2010 to 30 September, 2016Maintenance Including Electricity (3F-04, 04A, INTEREST (@24%

MONTH OP. BAL Service Tax (3F-04 & Parking TOTAL RECEIVED BALANCE04A, GF-04 & 7th Floor) 6F-04 & 7th Floor) P.A.)

. . . . . . .Dec-10 . 472,636.00 3,588.72 476,224.72 - 476,224.72Jan-11 476,224.72 945,267.00 10,478.50 955,745.50 9,524.00 599,446.00 842,048.22Feb-11 842,048.22 945,267.00 60,475.50 1,005,742.50 16,841.00 1,013,754.00 850,877.72Mar-11 850,877.72 945,267.00 23,951.00 969,218.00 17,018.00 1,060,806.00 776,307.72Apr-11 776,307.72 945,267.00. 19,691.00 964,958.00 15,526.00 949,138.00 807,653.72May-1.1 807,653.72 945,267.00 14,300.00 959,567.00 16,153.00 956,220.00 827,153.72Jun-11 827,153.72 945,267.00 14,011.00 959,278.00 16,543.00 939,198.00 863,776.72Ju-11 863,776.72 945,267.00 70,416.00 1,015,683.00 17,276.00 995,602.00 901,133.72Aug-11 901,133.72 945,267.00 93,325.00 1,038,592.00 18,023.00 - 1,957,748.72Sep-11 1,957,748.72 945,267.00 162,986.00 1,108,253.00 39,155.00 1,018,512.00 2,086,644.72Oct-11 2,086,644.72 1,051,625.00 112,622.00 1,164,247.00 41,733.00 1,101,873.00 2,190,751.72 a',Nov-11 2,190,751.72 1,051,625.00 228,053.00 1,279,678.00 43,815.00 1,597,016.00 1,917,228.72Dec-11 · 1,917,228.72 1,051,625.00 196,067.00 1,247,692.00 38,345.00 - 3,203,265.72Jan-12 3,203,265.72 1,051,625.00 66,285.00 1,117,910.00 64,065.00 860,464.00 3,524,776.72Feb-12 3,524,776.72 1,051,625.00 60,433.00 1,112,058.0o 70,496.00 714,975.00 3,992,355.72Mar-12 3,992,355.72 1,051,625.00 54,282.00 1,105,907.00 79,847.00 819,206.00 4,358,903.72Apr-12 4,358,903.72 1,071,267.00 77,005.00 1,148,272.00 87,178.00 839,697.00 4,754,656.72 stet£Si

May-12 4,754,656.72 1,071,267.00 89,561.00 1,160,828.00 95,093.00 728,326.00 5,282,251.72Jun-12 5,282,251.72 1,071,267.00 96,667.00 1,167,934.00 105,645.00 162,830.00 6,393,000.72Jul-12 6,393,000.72 1,071,267.00 60,023.00 1,131,290.00 127,860.00 1,596,028.00 6,056,122.72Aug-12 6,056,122.72 1,071,267.00 85,745.00 14,400.00 1,171,412.00 121,122.00 - 7,348,656.72Sep-12 7,348,656.72 1,071,267.00 115,441.00 14,400.00 1,201,108.00 146,973.00 481,310.00 8,215,427.72·Oct? 8,215,427.72 1,071,267.00 111,377.00 14,400.00 1,197,044.00 164,309.00 942,465.00 8,634,315.72Ny- 88 1,071,267.00 103,682.00 14,400.00 1,189,349.00 172,686.00 1,897,607.00 8,098,743.725MAIR 1.071.267.00 76,228.00 14,400.00 1,161,895.00 161,975.00 942,465.00 8,480,148.72

,,_,.,?,~·-Jan-1. 1,071,267.00 68,038.00 14,400.00 1,153,705.00 169,603.00 . 1,005,215.00 8,798,241.72 ,+Feb-13 8,798,00.g 1,071,167.00 60,684.00 14,400.00 1,146,351.00 175,965.00 297,156.00 9,823,401,2%-.

-,. , ~ 3.or OP.BAL

Maintenance Including Electricity 13F-04 04AParking TOTAL INTEREST (@24%l RECEIVED I BALANCEService Tax (3F-04 & ' '

04A, 6F-04 & 7th Floor) GF-04 & 7th Floor) P.A.)

1,071,267.00 50,738.00 14,400.00 1,136,405.00 196,468.00 1,994,127.00 9,162,147.721,071,267.00 72,380.00 14,400.00 1,158,047.00 183,243.00 - 10,503,437.721,071,267.00 94,021.50 14,400.00 1,179,688.50 210,069.00 917,363.00 10,975,832.221,071,267.00 125,599.50 14,400.00 1,211,266.50 219,517.00 926,644.00 11,479,971.721,071,267.00 12s,s23:oo 14,400.00 1,211,190.00 229,599.00 235,543.00 12,685,217.721,071,267.00 133,476.00 14,400.00 1,219,143.00 253,704.00 1,040,850.00 13,117,214.72962,012.00 92,938.00 14,400.00 1,069,350.00 262,344.00 728,326.00 13,720,582.72962,012.00 107,531.00 14,400.00 1,083,943.00 274,412.00 3,092,896.00 l.a.,986,041.72962,012.00 96,853.00 14,400.00 1,073,265.00 239,721.00 - 13,299,027.72964,012.00 133,988.00 14,400.00 1,110,400.00 265,981.00 1,226,672.00 13,448,736.72962,012.00 121,077.00 14,400.00 1,097,489.00 268,975.00 1,178,699.()0 13,636,501.72~.6,2,012.00 76,703.00 14AOO.OO i;053,US,QO 212,730.00 76,454.00 14,885,892.7296.2,01.2.00 79,894.00 14,400.00 1,056,306:00 297,718.00 1,068,281.00 15,171,635.,72962,012.00 91,950,00 14;400.00 1,06.8,S&.i.OQ 303,433.00 1,964,476.00 14,S78,9S4.72962,012.()0 94,411.00 14,400.00 1;oio,s23.00 291,579.00 80,$93.00 15,860,463.7296t,012.oo 106,901.00 14,400.00 l,083,313.00 317,209.00 77,425.00 17,183,560.7?962,0l2,00 104,063.00 14,400.00 1,080,475.00 343,671.00 73,920.00 18,53$,786.729.62,012.00 116,327.00 14,400.00 1,092,739.00 370,676.00 - 19,991,20t.n962,012.00 17,110.00 14,400.00 993,522.QO 399,944.00 1,614,052.00 19,776,64'$.7295.2,oi2.oo 148,175.00 14,4.00.00 1,124,587.06 ~9S,S32.00 - 21,296,734.74962,012.00 69,861.00 . 14,400(00 1,046,273,09 425,935.00 884,091.00 21,884,851.72

12.00 48,176.00 14,400.00 14024,588.00 437,6j7.00 154,130.00 23,493,005.72]12.00 38,618.00 14,4(19.0(J £,01s.do.4i' 463,860.00 - 4 6ii96;i2±..••

,.•JJO 30,M0,QO . 14;_40(),00 f~~•P.)··l]tfiiil;)Q· .: 493,438.00 .•-• "•T ....,~~'"' 't·.,.1•~ • ,;.·,, •

.I. ... ' .. - 26)17 08/6%0.00 34,560.00 14AOQ,OO 1,01,92.0· 5t$,44i.oo . 27;,®· 5.3,590.()9 14,4®,QO 1,0so,a0z.00 $4,130.00 1,bQOiQ00.00 2829i

t,,{)Q 83,070.00 14,400.00 1.059,482.g6 5(lS,8JB.00 2,303,614.00 27,822ca . • 18...,® tPMOO,® 14,4()0.00 1,091,956.00. S52,246.00 - en»$$@8EK ,"Yi,QO 120,950.00 14,400,00 1,ii2ii-ss,oo 585,430.00 - 31,063,$0072· ..Av0"

Aug-15 ] awn«uyg ] 976.0$6.00 99,260.62 14,40.Q,OQ 1,089,716.00. 621,2j.0 .€14 ·4 . . '!'J:il(i·ji"io,¢<•1·1,·--'ti· ~J& ·.· Al: 7;(10. 3M ,·72 .e%Sep-_15 l. 31.11tUM1,1i J ~- __J'7Q,OS6.00 95,554.00 14,400.00 1,9$$,010.d0' 694,201.06' 1,0000.00 s.«028$.. o"- ·

~ s\r$i» '$

I... 23%

1'or0%~'<;j~pJ,\rf

"s

( Maintenance Including 0MONTH OP. BAL Service Tax (3F-04 & Electricity (JF-04, 04A, Parking TOTAL INTEREST (@24% RECEIVED BALANCE

04.ll, GF-04 & 7th Floor) 6F--04 & 7th Floor) • P.A.)

Oct-15 32,430,258.72 976,056.00 91,744.00 14,400.00 1,082,200.00 648,605.00 • 34,161,063.72Nov-15 34,161,063.72 976,056.00 85,404.00 14,400.00 1,075,860.00 683,221.00 - 35,920,144.72Dec-15 35,920,144.72 1,091,670.00 45,931.00 14,400.00 1,152,001.00 718,403.00 - 37,790,548.72Jan-16 37,790,548.72 1,091,670.00 33,742.00 14,400.00 1,139,812.00 755,811.00 - 39,686,171.72Feb-16 39,686,171.72 1,091,670.00 27,537.00 14,400.00 1,133,607.00 793,723.00 - 41,613,501.72Mar-16 41,613,501.72 .1,091,670.00 37,735.00 14,400.00 1,143,805.00 832,270.00 - 43,589,576.72Apr-16 43,589,576.72 1,091,670.00 40,047.00 14,400.00 1,146,117.00 871,792.00 - 45,607,485.72May-16 45,607,485.72 1,091,670.00 30,636.00 14,400.00 1,136,706.00 912,150.00 - 47,656,341.72Jun-16 47,656,341.72 1,096,293.00 • 14,400.00 1,110,693.00 953,127.00 - 49,720,161.72 I-Jul-16 49,720,161.72 1,096,293.00 14,400.00 1,110,693.00 994,403.00 - 51,825,257.72Aug-16 51,825,257.72 1,096,293.00 ., 14,400.00 1,110,693.00 1,036,505.00 - 53,972,455.72,SeP1,5372A5572,1095.29309,14Ao0.0o 1,110,693.00 1,07.9,4:49,00 - 56,162,597.72 ,

Oct-16 56,162,597.72 1,096,293.00 '__ _ 1'1,400.00 1,110,693.00 1,123,252.00 - 58,396,542.72Nov-16 58,396,542.72 1,096,293.00 __ 1,096,293.00 1,167,931.00 - 60,660,766.72Dec-16 60,660,766.72 1,096,293.00 __ 1,096,293.00 1,213,215.00 - 62,970,274.72Jan-17 62,970,274.72 1,096,293.00 1,096,293.00 1,259,405.00 - 65,325,972.72

·- I •Feb-17 65,325,972.72 1,096,293.00 . 1,096,293.00 1,306,519.00 - 67,728,784.72Mar-17 67,728,784.72 1,096,293.00 . _ "- -u•- .. 1,096,293.00 1,354,516.00 - 70,179,653.72Apr-17 70,179,653.72 1,096,293.00 1,096,293.QO 1,403,593,0Q - 72,679,539.72woo«otoo -a lo lei

May-17 72,679,539.72 1,096,293.00 .. _ ........ ,• 1,096,293.00 1,453,591.00 - 75,229,423.72Jun-17 75,229,423.72 1,096,293.00 • ' 1,096,293.00 1,504,588.00 - 77,830,304.72Jul-17 77,830,304.72 1,124,891.00 --· · ,;A. 1,124,891.00 1,S56}606.00 - 80,511,801.72. II!Aug-17 so,s11,so1.12 1,124,891.00 · $er 1,124,891.00 1,610,236,00" - 8$,246,928.72Sep-17 83,246,928.72 1,124,891.00 --- ---- ii! 1,124,891.00 1,664,939.00 - 86,036,758.72Oct-17 86,036,758.72 1,124,891.00 ···- - $, 1,124,891.00 1,720,735.00 - 88,882,384.72·- . - ~ . .

Nov-17 88,882,384.72 1,124,891.00 _ • Me 1174,891.00 1,777,648.00 - 91,784,923.72Dec-17 91,784,923.72 1,124,891.00 ..et #4lit& 1124,891.00 1835,698.00 . 94,745,512.72 ~Jan-18 94,745,512.72 1,124,891.00 "'Rt ~ L124,891.00 1,Q94,91Q.QO - 97,765,313.n_, ,:,\~

. Feb-18 97,765,313.72 1,124,891.00 . • f. }jg 114091.00 1355306.00 - 104ss10.72 #Mar-18 100,845,510.72 1,124,891.00 % • 1,124,891.00 2,046,910.00 - 1,03,987,311.72Apr-18 103,987,311.72 1,124,891.00 · · - · '#;' 1,124,891.00 2,875,7is.oo - io7,191,948.72

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2.36Maintenance Including Electrlclty (3F-04, 04A, INTEREST (@24%MONTH OP.BAL Service Tax (3F-04 & Parking TOTAL RECEIVED BALANCE04A, 6F-04 & 7th Floor) 6F-04 & 7th Floor) P.A.)

May-18 107,191,948.72 1,124,891.00 - 1,124,891.00 2,143,839.00 - 110,460,678.72Jun-18 110,460,678.72 1,124,891.00 - 1,124,891.00 2,209,214.00 - 113,794,783.72Jul-18 113,794,783.72 1,124,891.00 - 1,124,891.00 2,275,896.00 - 117,195,570.72Aug-18 117,19S,$70.7i 1,124,891.00 - 1,124,8$91.00 2,343,911.00 - 120,664,372.72Sep-18 120,664,372.72 1,124,891.00 - 1,124,891,00 2,413,287.00 - 124,202,550.72Oct-18 124,202,550.72 1,124,891.00 - 1,124,891.00 2,484,051.00 - 127,811,492.72Nov-18 127,811,492.72 1,124,891.00 - 1,124,891.00 2,556,230.00 - 131,492,613.720ec-18 131,492,613.72 1,124,891.00 - 1,1Z4,891,QO 2,629,852.00 - 135,247,356.72Jan-19 135,247,356.72 1,124,891,00 - 1,124,891.00 2,704,947.00 - 139,077,194.72Feb-19 139,077,194.72 1,124,891.00 - 1,124,891.00 2,781,544.00 - .142,983,629.72

G.TOTAL 102,9'70,414.60 5,293,329.72 734,400.00 108,998,143.72 78,208,098.00 '4 009-+1200 "2,$83,629.72rRa\da~'-~- V '

Fo I O\rec\Oftu«all4it.Sr,

Ret. No. JRMLC/PACL/AN]Pr]73o ]2o7 ]1]2)q

ShriArun Gaur,Rajdarbar Realty Creations Pvt. Ltd12 Ring Road, Lajpat Nagar-4,New Delhi : 110024

Sir,

AMMx - €August 28, 2019

Justice [Retd.) R. M. Lodha Committee(in the matter of PACL Ltd.)

J

subject: Regarding outstanding of dues amounting to Rupees 14,29,83,629.72/- from PACL Limited

Ref: Your letter dated March 14, 2019 in the matter of PACL Limited

With reference to subject matter and your aforesaid letter wherein you sought payment of Rs.14,29,83,629.72/- towards maintenance, electricity charge, parking charges for properties of PACLLimited sitauted in Global Foyer, Sector-43, Golf Course Road, Gurgaon, Haryana.

In this regard, it is hereby informed thatthe Committee, according to the orders of Hon'ble SupremeCourt of India dated February 02, 2016 (Annx A), is only concerned.with sale of properties of PACLLimited and effecting refund to investors of PACL Limited. The Committee is not concerned withmatters not connected either to sale of properties or effecting refundto investors.

It is further informed that Hon'ble Supreme Court of India vide its order dated May 02, 2016 (Annx B)directed that no proceedings could be instituted and entertained by any Civil Court or other Authorityor Forum arraying therein as parties/ Defendants /Respondents the Justice (Retd.) R. M. LodhaCommittee (iri the matter of PACL Ltd.), and/or its Chairman and/or its Members and/or the Securitiesand Exchange Board of India.

Yours Faithfully,

(Noda~cum Sec=.-v ,o <he Committee)/

Address for correspondence only:SEBI Bhavan, BKC, Plot No. C-A, 'G' Block, Bandra-Kurla Complex, Bandra (East], Mumbai - 400 051

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Respected.Mam,

SUB: Regi'(r~ outsta.mlhi.~ 0£ 'a-q:ps :amo~~ to. · Rupees14,29,83,62972f- fto:i;n:M/.:SPACL:In:~ta-.

We rte writing in furtherance to .Qttt Id:!;er:Wf,-1~ l,.l,/-G6/20l6 wmch -wasreceived at $BL, SE2B3I . BJ±sen, BK, Ni±jebet • P.n l'.8?/06.J~0.1.6,.. ¢<,py is,i,um:~a /b:eiic.W'l~. . . ' ' . .

W'<ft-~msn: to .im0rm ;y.ou ifl::ratas0~nti,:' :·.~1,'9,: .aiil,~~ga.te~unntif~*~•~;629'..V2'f/-:i:s~veraBJe.:by: · . . .. PAet., details .of-themb'.0).1.h'fisattachedwjtg'th'fs lefter nd.markedesgiajejrre 1.

!Pl$ti:e:ttaii;e~l:e '9-f orabovereferred sda,es aridse,further request to:you thatthis rasatwibsfiold bebroght in. the hi6ii6r ''iritcn(lmg 'buyers tbat is thebl:t,yers at, t,$.l.y.• ;t>XP,po:si:qg: to buy this ·p_l;'O~~ ·

Ms-~~~

Genera&Menage1,P'ACJ:. 'Col:i:dmtteei·

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ITEM N0.7

1

COURT NO.8 SECTION XVII

S U P R E M E C O U R T O F I N D I ARECORD OF PROCEEDINGS

civil Appeal No(s).13301/2015

SUBRATA BHATTACHARYA Appellant(s)

VERSUS

SECURITIES AND EXCHANGE BOARD OF INDIA & ORS. Respondent(s)

(ONLY OBJECTIONS IN CIVIL APPEAL NOS. 13301 OF 2015, 13394 OF 2015AND 13410 OF 2015 AS PER COURTS ORDER DATED 17.12.2019 )

WITHC.A. No. 13394/2015 (XVII)

C.A. No. 13410/2015 (XVII)

Date : 23-01-2020 These appeals were called on for hearing today.

CORAM :HON'BLE DR. JUSTICE D.Y. CHANDRACHUDHON'BLE MR. JUSTICE AJAY RASTOGI

For Appellant(s) Mr. E. C. Agrawala, AOR

Ms. Anubha Agrawal, AOR

Mr . Nimish Chib, Adv.Mr. Wajeeh shafia, AOR

Mr. Somiran Sharma, AOR

For Respondent(s)SEBI

Slgnatra NatVenfed

o.~,..nf.':~n bySN4A¥ KIDate 20: 1.27

±2±y

Mr. Jai A. Dehadrai, Adv.Mr. Sidharth Arora, Adv.Mr. Raghu Mannu Taneja, Adv.Mr. Harshit Goel, Adv.Mr. Sameer Srivastava, Adv.

Mr. Pratap Venugopal, Adv.Ms. Surekha Raman, Adv.Ms. Ayushi Gaur, Adv.Mr. Akhil Abraham Roy, Adv.Mr. Vijay Valsan, Adv.For M/S. K J John And Co

Mr. Dushyant Dave, Sr. Adv.

Mr. P.S. Patwalia, Sr. Adv.Mr. Gagan Gupta, AOR

2

Mr. Huzefa Ahmadi, Sr. Adv.Mr. Sajid Mohamed, Adv.

Mr. Chetan Sharma, Sr. Adv.Mr. Anil Nag, Adv.

Mr. M.L. Lahoty, Adv.Mr. Paban K. Sharma, Adv.Mr. AAnchit Sripat, Adv.Mr. Himanshu Shekhar, Adv.

Mr. Jasbir Singh Malik, Adv.Mr. Manish Kumar Tirthpuria, Adv.Mr. Dharam Vir Singh, Adv.

Mr. S.D. Reddy, Adv.Mr. Deepak Bansal, Adv.Mr. Rupak Bansal, Adv.Mr. Ravi Prakash Tomar, Adv.

Mr. Jaideep Gupta, Sr. Adv.Mr. P.S. Sudheer, Adv.Mr. Rishi Maheshwari, Adv.Ms. Anne Mathew, Adv.Mr. Bharat Sood, Adv.Ms. Shruti Jose, Adv.

Mr . Rajinder Kumar Singh, Adv.Mr. Hitesh Kumar Sharma, Adv.Mr. Akhileshwar Jha, Adv.Ms. Sandhya Sharma, Adv.Mr. Amit Kumar, AOR

Mr. P.N. Mishra, Sr. Adv.Mr. Ritesh Agrawal, AORMr. Davendra Sharma, Adv.Mr. Teejas Bhatia, Adv.Mr. Aishwarya Adlakha, Adv.

Mr. Arijit Prasad, Sr. Adv.Mr. Zoheb Hossain, Adv.Mr. Pranay Ranjan, Adv.Mr. Abhishek Kumar, Adv.Mr. Arvind Kumar Sharma, Adv.Mrs. Anil Katiyar, AOR

Mr. Divyanshu Rai, Adv.Mr. T.V.S. Raghavendra Sreyas, Adv.Ms. Gayatri Gulati Sreyas, Adv.

Mr . AShok Arora, Adv.Ms. Richa Kapoor, Adv.

3

Mr . Kunal Anand, Adv.Ms. Shivani Sharma, Adv.Ms. Sukriti Bhardwaj, Adv.Ms. Shalya Agarwal, Adv.

Mr. Manoj Nayak, Adv.Mr. Vijay Kumar, Adv.

Mr. Rajesh Tyagi, Adv.Mr. Harsh Kumar Gotam, Adv.Mr. Surya Hari Kamuju, Adv.Mr. Atishi Dipankar, AOR

Mr. Avishkar Singhvi, Adv.Mr. P. N. Puri, AOR

Mr. Nayan Dubey, Adv.Mr. Arun K. Sinha, AOR

Dr. Manish Singhvi, Sr. Adv.Mr. Piyush Upadhyay, Adv.Mr. D.K. Devesh, Adv.

Mr. Somiran Sharma, AOR

Mr. Aditya Singh, AOR

Mr. Prashant Bhushan, AOR

Bj Law Offices, AOR

Mr. Aviral Kashyap, AOR

Mr. Mukesh Kumar Maroria, AOR

Mr. Vinod Sharma, AOR

Mrs. Rachana Joshi Issar, AOR

Ms. Kamakshi S. Mehlwal, AOR

Mr. Rajiv Ranjan Dwivedi, AOR

Mr. Shantanu Kumar, AOR

Mr. Hetu Arora Sethi, OR

Ms. Shalu Sharma, AOR

Mr. R.S. Hegde, Adv.Mr. Girish Aneja, Adv.Mr. Farhat Jahan Rehmani, AOR

4

Ms. Pratibha Jain, AOR

Mr. Ratnesh Kumar Shukla, OR

Mr . Abhishek Singh, AOR

Mr. Avijit Mani Tripathi, AOR

Mr. Mohit Paul, AORMs. Sunaina Phul, Adv.

Mr. Shivendra Singh, AOR

Ms. Priya Aristotle, AOR

Mr. Joel, AOR

Mr. Anjani Kumar Mishra, AOR

Mrs. Shubhangi Tuli, AOR

Ms. Jasmine Damkewala, AOR

Ms. Manju Jetley, AOR

Mr. Shree Pal Singh, AOR

Mr. Rajeev Kumar Bansal, AOR

Mr. Avadh Bihari Kaushik, AOR

Ms. Christi Jain, AOR

Mr. Gopal Jha, AOR

Mr. Prakash Kumar Singh, AOR

Mr. Mohit D. Ram, AOR

Ms. Anuradha Mutatkar, AOR

Mr. Md. Shahid Anwar, AOR

Mr. Yadav Narender Singh, AOR

5

UPON hearing the counsel the Court made the following0 R D E R

The Committee chaired by Justice R M Lodha', former

Chief Justice of India issued a public notice on 23

August 2019 inviting Expressions Of Interest (EOIs) from

prospective buyers for the properties of PACL, its group

entities and related parties. The properties were divided

into four zones. A total of 28,974 properties were put

up for sale as part of the public notice. EOIs from

prospective buyers had to indicate the list of properties

from each zone, the circle rate, offer amount and other

relevant details. Proposals could be submitted for

properties in one or more zones. The condition which

appears to have been· imposed by the Committee was that

the aggregate value of an offer should be at least Rs

1,000 crores.

The report which has been submitted to this Court on

14 November 2019 indicates that the Committee received

seventeen EOIs in response to the public notice. Five of

them failed to meet the eligibility criteria of a minimum

offer size of Rs 1,000 crores. The report states that

twelve proposals met the minimum offer size. These twelve

properties were from the following entities:

"i. Assets Reconstruction Company (India)Limited.

1 "Committee"

6

ii. Prudent AMC/Telecare Network IndiaPvt. Ltd., Delhi.

iii. Brij Gopal Construction Company Pvt.Ltd., Delhi.

iv. Meera Cleanfuels Limited, Mumbai

v. Trends Infra organization, Bangalore

vi. Pixie Consulting Solutions Limited,Karnal, Haryana

vii. Next-Gen Advisors, Goa

viii.Riz United Infratech Pvt.Mumbai

Ltd.

ix. M G Global (Grain Merchants &Commission Agents), New Delhi

x. SLF Realty, New Delhi

xi. Peacock Shipping Private Limited(PSPL) along with consortium partnersM/s. Asia Trade Consortium LLP (ATC)and their investors

xii. Shri Ashok Jain (submitted proposalsfrom 25 entities)."

The committee held discussions with each of the

offerors. Eventually it shortlisted two offers namely,

those of

(i) Prudent ARC/Telecare Network India Pvt. Ltd.,

Delhi2;

(ii) Assets Reconstruction Company (India) Limited.

Both Prudent and ARCIL are to act merely as

facilitators. The report states that Prudent has

indicated the names of ultimate purchasers, together with

2 "Prudent"3 "ARCIL"

7

their financials and has submitted a cheque of Rs 100

crores as a security deposit to establish its bona fides.

Prudent has indicated that it would charge a commission

of 0.5% which, however, can be waived. The time frame

for the completion of the sale process has been fixed at

four months. The report of the Committee indicates that

if the proposal by Prudent is accepted, an amount of Rs

1,122.34 crores will be realized.

The Committee notes that the proposal of ARCIL has

not disclosed the names of ultimate purchasers or their

financials. In its conclusions, the report states that

ARCIL has indicated a timeframe of four months for

completion of the sale. A commission of 3% is to be

charged on successful sale. The Committee has found the

proposed commission to be on the higher side. The

Committee has noted that the proposal of ARCIL could be

considered only for those properties which have not been

bid by Prudent. An additional amount of Rs 892.34 crores

is stated to be realizable, should the offer of ARCIL be

accepted.

Besides the above two entities, the Committee has

indicated in its conclusions that it is not inclined to

recommend the proposal of Indo-UK Health Institute, a

private sector entity which is engaged in developing

eleven Medicities across India which is being facilitated

4 IUIH"

8

by the Department of Health and Family Welfare. The

reason why the proposal of IUIH had not been recommended

is that it had indicated a time frame of 33 months

initially for effecting complete payment and had included

properties which the Committee had not offered for sale.

The report of the Committee was deliberated upon

before this Court on 17 December 2019. An order was

passed by the Court requiring SEBI to consider the

objections which were received to the report and to

submit a response on behalf of the Committee dealing with

the main heads of objections. The Court observed that:

"The Committee may also explore whetherin the interests of broadening the fieldof competition, it would be desirable tofurnish one more opportunity to intendingofferors to submit offers, while at thesame time also allowing those who havesubmitted offers in the initial processto revise their offers for furtherconsideration. This would be withoutprejudice to the rights and contentionsof the shortlisted offers which have beenadverted to in the Report submitted bythe Committee."

In pursuance of the above directions, a reply has

been filed on behalf of SEBI dealing with the main heads

of objections.

During the course of the hearing, the Court has heard

submissions on behalf of Prudent (represented by Mr

Dushyant Dave and Mr P s Patwalia, senior counsel), ARCIL

9

( represented by Mr Divyanshu Rai), IUIH (represented by

Mr Huzefa A Ahmadi, senior counsel) and SEBI (represented

by Mr Pratap Venugopal). Several other parties have

appeared through senior counsel/counsel as indicated

below:

I}Entity Represented byiisunland Properties Pvt Mr .Jaideep Gupta, senior/Ltd counseli'

Trends Infra Mr M L Lahoty, seniorOrganisation counsel

III

'Janlok Pratisthan Dr Manish Singhvi, seniorcounsel with Mr D K Devesh

1PACL Ms Anubha Agrawal

II

{Meera Cleanfuels Mr Ashok Arora with Ms Richa'Limited, Mumbai Kapoor

':Mahadev Plantation and Mr R s Hegde with Ms FarhatParks Pvt Ltd Jahan Rehmani

[Elara capital Mr Avishkar Singhvii

'Nanda Papat Jagatop Mr Manoj Nayak'

Mr Dushyant Dave and Mr PS Patwalia, learned senior

counsel appearing on behalf of Prudent submitted that

since the Committee has followed a copious process, it is

10

appropriate that the proposal is sanctioned in favour of

the recommended entities. It has been urged that a delay

in the conclusion of the court mandated process is likely

to result in the value of the properties being reduced as

a result of progressive encroachments.

On the other hand, we have heard objections from

several entities, including, amongst them, the entities

which were initially shortlisted by the Committee. The

Court has been apprised of the fact that by its earlier

orders dated 8 January 2019, 12 February 2019 and 30 July

2019, the Court had indicated that the field of

competition could be broadened to include Asset

Reconstruction Companies5, Non-Banking Financial

Companies6 and property consultants of repute. By the

order of this Court dated 30 July 2019, the Court had

left it open to the Committee to receive further offers

and to explore them after duly publishing a notice on its

website. The Committee was authorized to negotiate with

the ARCs or, as the case may be, NBFCs and property

consultants as referred to in the report of the

Committee.

The terms and conditions on which offers were

required to be submitted were not spelt out in the public

notice issued by the Committee.

5 ARCs6 NBFCs

The revised public

11

notice indicated that EOis could be furnished with a

minimum offer of RS 1,000 crores in respect of the

properties in any of the four zones that were listed out

in the notice. No specific conditions were imposed for

ensuring the bona fides of the intending offerors or the

ultimate purchasers. The notice did not stipulate a

requirement of furnishing an earnest money deposit so as

to ensure that bids were received only from serious

bidders. Moreover, no consequence has been envisaged

where an entity which has submitted an offer resiles from

it. Prudent submitted a cheque of Rs. 10 crores, of its

own accord. No other offeror appears to have done so. The

public notice does not contain specific terms and

conditions for governing the norms of eligibility,

disclosure of financials, time frames and other material

conditions. All offerors must have a level playing field.

Absent a specification of the terms and conditions, the

process will lack transparency.

We, however, appreciate that the work of the

committee is complicated for the reasons which have been

indicated in the reply filed by SEBI during the course of

this proceeding. This includes the unavailability of land

records in respect of several properties and valid

agreements in respect of many others. Be that as it may,

we are of the view that a level playing field should be

allowed for genuine offerors to come forth with their

12

offers. Before the process is opened up, it would be

necessary to lay down and stipulate essential

requirements.

following:

These, in our view, should include the

(i) Any EOI, in order to be entertained, must be

accompanied by an earnest money deposit in the form of a

demand draft of Rs 150 crores of a nationalized bank,

which must be furnished to the Committee and/or to the

nodal officer of the Committee;

(ii) Intending offerers must be placed on notice that

if the offeror resiles from the offer after having

submitted the EOI, this would result in a forfeiture of

the earnest money deposit;

(iii) Offers should be submitted within two weeks of

this public notice being put up on the website of SEBI;

(iv) The time schedule for the completion of the sale

should be fixed at four months from the date of

acceptance of the offer;

(v) It would be open to an offeror to submit a bid

of at least RS 1000 crores covering properties referred

to in the revised public notice dated 23 August 2019 in

one or more zones;

(vi) The offers must be expressly made on an "as is,

13

where is, whatever is basis";

(vii)

EOI,

The intending offeror must, together with the

furnish a financial statement containing such

details, as may be notified by the Committee; and

(viii) Offers may be submitted by any of the twelve

bidders that were shortlisted by the Committee as well as

by other ARCs or, as the case may be, NBFCs or

prospective purchasers.

We would request the Committee to formulate terms and

conditions incorporating the above features which have

been set out in the present order as well as other

requirements which the Committee may consider necessary

to spell out.

During the course of the hearing, Mr Pratap

Venugopal, learned counsel appearing on behalf of SEBI,

has suggested that the Committee may adopt the modified

Swiss Challenge Procedure. He has indicated the

modalities for the procedure in the following terms:

"s1. ParticularsNo.

1. Sale to be effected only throughARCS on a "as is, where is, whateverthere is" basis.

2. Base Price: Original Offer

3. Original Offer to be submitted with25% of entire offer price to bedeposited.

4. original Offer to be uploaded on

14

website.5. Counter Offer {not less than 25% to

30% of original offer) together with25% of entire counter offer to bedeposited not later than 2 workingdays after original offer isuploaded.

6. original Offeror may match counteroffer failing which counter offerwould be accepted.

7. Payment to be made on T+2 basisfailing which 25% deposited would bedeposited would be forfeited.

8. Fees payable to ARCS 0.5% of totalsale consideration."

Mr Venugopal submitted that this procedure has been

recognised by the Reserve Bank of India in its circular

dated 1 September 2016 to all scheduled commercial banks.

Neither the report of the Committee nor the affidavit

of SEBI contains a request enabling the Committee to

follow the Swiss challenge procedure. When we queried Mr

Pratap Venugopal, counsel for SEBI on this during the

hearing, he stated that this was a submission of counsel

on a matter of law. This is not a pure issue of law since

accepting the suggestion will lead to a right of first

refusal to Prudent and ARCIL. Absent a specific proposal

on this aspect by the committee, it is not necessary for

the Court to make any finding or observation on the

submission, particularly since we are inclined to allow

all intending offerors to have an equal opportunity.

15

We would request the Committee to finalize the terms

and conditions and to notify them on the website of SEBI

within a period of two weeks from today. The Committee

may also consider an additional mode of publication to

give the process wide publicity. The period for the

submission of EOis in response to the notice that would

be placed by SEBI on its website would be a further

period of two weeks thereafter.

All the twelve offerors who have submitted EOIs to

the Committee are also at liberty to submit any revised

offers. They would each have to furnish demand drafts of

Rs 150 crores in accordance with the above terms and

conditions in order that their offers are considered,

within the period which is allowed to other offerors.

Prudent and ARCIL who were shortlisted by the Committee

will also be at liberty to submit revised offers together

with the earnest money in the form of demand drafts for

Rs 150 crores. IUIH is at liberty to do so, in terms of

the liberty granted to all other offerors.

The committee will submit its Report after the

conclusion of the above process.

List after six weeks on receipt of the Report of the

Committee.

(SANJAY KUMAR-I)AR- CUM-PS

(SAROJ KUMARI GAUR)COURT MASTER

\

d

)

)NM}-sS. No. MRNO AREA STATE/UT DISTT TEHSIL VILLAGE Survey Number

20Chakkerpur, Sector- Unit No. 10, 7th Floor, Commercial

0.038 43. Golf Co,:.e Complex Global Foyer known as93 17808/16 (152 Sq Mtr) Haryana Gurgaon Gurgaon Road Cityscape (152 Sq Mtr)

Chakkerpur, Sector Unit No. 8, 7th Floor, Commercial0.038 43, Golf Course Complex Global Foyer known as

94 17809/16 (152 Sq Mtu) Haryana Gurgaon Gurgaon Road Cityscape (152 Sq Mtr)Chakkerpur, Sector- Unit No. 11, 7th Floor, Commercial

0.034 43, Golf Course Complex Global Foyer known as95 17810/16 (138 Sq MI«) Haryana Gurgaon Gurgaon Road Cityscape (138 Sq Mir)

Chakkerpur, Sector- Unit No. 4, 7th Floor, Commercial0.122 43, Golf Course Complex Global Foyer known as

96 17811/16 (495 Sa Mtr) Haryana Gurgaon Gurgaon Road Cityscape (495 Sq Mtr)Chakkerpur, Sector- Unit No. 5, 7th Floor, Commercial

0.034 43, Golf Course Complex Global Foyer known as97 17812/16 (138 Sa Mir) Haryana Gurgaon Gurgaon Road Cityscape (495 Sq Mir)

0.123 Unit No. 4, 6th Floor, Global Foyer known98 17961/16 (5357 Sqft) Haryana Gurgaon Gurgaon Chakkarpur as Cityscape, Sector-43

537/2/2 MIN, 536/2 MIN, 535/1, 533/1/1/2MIN, 517 MIN, Unit No. 6, 7th Floor,

0.038 Global Foyer known as Cityscape, Sector-99 17962/16 (1636.125 Saft) Haryana Gurgaon Gurgaon Chakkarpur 43


0.038 Global Foyer known as Cityscape, Sector-100 17963/16 ( 1636.125 Sqft) Haryana Gurgaon Gurgaon Chakkarpur 43

537/2/2 MIN, 536/2 MIN, 535/1, 533/1/1/2- MIN, 517 MIN, Unit No. 4A, 3rd Floor,

0.123 Global Foyer known as Cityscape, Sector-101 17964/16 (5367 Sqft) Haryana Gurgaon Gurgaon Chakkarpur 43

0.038 537/2/2 MIN, 536/2 MIN, 535/1, 533/1/1/2102 17965/16 (1636.125 Saft) Haryana Gurgaon Gurgaon Chakkarpur MIN, 517 MIN, Unit No. 7, 7th Floor,

,/

I

{ 2\Global Foyer known as Cityscape, Sector-43

537/2/2 MIN, 536/2 MIN, 535/1, 533/1/1/2MIN, 517 MIN, Unit No. 4A, 7th Floor,

0.121 Global Foyer known as Cityscape, Sector103 18002/16 (5290 SqFt) Haryana Gurgaon Gurgaon Chakkarpur -43, Golf Corse Road


0.145 Global Foyer known as Cityscape, Sector-104 18003/16 (6314.883 Saft) Haryana Gurgaon Gurgaon Chakkarpur 43, Golf Corse Road


0.082 Global Foyer known as Cityscape, Sector-105 18004/16 (3588 Sqft) Haryana Gurgaon Gurgaon Chakkarpur 43, Golf Corse Road

537/2/2 MIN, 536/2 MIN, 535/1, 533/1/1/2MIN, 517 MIN, Unit No. 4, 3rd Floor,

0.125 Global Foyer known as Cityscape, Sector-106 18005/16 (5437 Sqft) Haryana Gurgaon Gurgaon Chakkarpur 43, Golf Corse Road

er

PACL DUESFrom 16 December, 2010 to 31 May, 2020 ( All Calculations on Pro Rata Basis)

262#NY--H

Unit No Area Maintenance Charges Sinking Fund Electricity Parking TOTAL INTEREST (@24%RECEIVED BALANCEP.A.)

3F-04A 5367 ={ 1,21,40,898 ={ 4,52,841 ={ 5,36,246 ={ 74,399 ={ 1,32,04,384 ={ 1,34,88,145 ={ 44,80,017 ={ 2,22,12,5116F-04 5357 ={ 1,21,18,276 ={ 4,51,756 5,35,247 ={ 74,261 ={ 1,31,79,540 ={ 1,34,62,780 ={ 44,71,670 ={ 2,21,70,6507F-01 6314.88 ={ 1,42,85,481 ={ 5,32,831 ={ 6,30,969 ={ 87,541 ={ 1,55,36,822 ={ 1,57,99,532 ={ 52,86,351 ={ 2,60,50,0037F-02 3588 ={ 81,16,750 ={ 3,02,745 ={ 3,58,505 ={ 49,739 ={ 88,27,740 ={ 89,77,007 ={ 30,03,609 < 1,48,01,1387F-04 5330 ={ 1,20,57,492 ={ 4,49,730 ={ 5,32,562 ={ 73,888 ={ 1,31,13,672 ={ 1,33,35,409 ={ 44,61,882 ={ 2,19,87,1987F-04A 5290 ={ 1,19,67,004 ={ 4,46,355 ={ 5,28,566 ={ 73,334 ' 1,30,15,258 ' 1,32,35,331 ' 44,28,397 ' 2,18,22,1917F-05 1480.58 ' 33,49,359 ' 1,24,927 ' 1,47,936 ' 20,525 ' 36,42,747 ' 37,04,341 ' 12,39,432 ' 61,07,6567F-06 1636.13 ' 37,01,243 ' 1,38,052 '{ 1,63,479 '{ 22,681 '{ 40,25,454 '{ 40,93,520 ' 13,69,647 ' 67,49,3277F-07 1636.13 ={ 37,01,243 '{ 1,38,052 '{ 1,63,479 '{ 22,681 ={ 40,25,454 '{ 40,93,520 t 13,69,647 ' 67,49,3277F-08 1636.13 '{ 37,01,243 '{ 1,38,052 '{ 1,63,479 '{ 22,681 '{ 40,25,454 ' 40,93,520 13,69,647 67,49,3277F-09 1636.13 '{ 37,01,243 '{ 1,38,052 '{ 1,63,479 '{ 22,681 '{ 40,25,454 ={ 40,93,520 , 13,69,647 67,49,3277F-10 1636.13 ={ 37,01,243 '{ 1,38,052 '{ 1,63,479 '{ 22,681 '{ 40,25,454 '{ 40,93,520 13,69,647 '{ 67,49,3277F-11 1490 '{ 33,70,668 ={ 1,25,722 '{ 1,48,878 '{ 20,655 '{ 36,65,923 '{ 37,27,910 12,47,318 '{ 61,46,515Total 47835.11 ={ 10,82,11,388 ={ 40,35,666 '{ 47,79,544 '{ 6,63,117 11,76,89,715 '{ 11,98,61,875 '{ 4,00,05,362 '{ 19,75,46,227

PACL Tenant

7F-02A 1700 38,55,724 '{ 1,43,438 '{ 1,69,856 '{ 23,566 41,92,584 '{ 42,72,753 14,19,048 '{ 70,46,2897F-03 1673 '{ 37,94,486 '{ 1,41,159 '{ 1,67,159 23,192 41,25,996 42,04,927 '{ 13,96,510 69,34,4137F-03A 1770 ' 40,03,985 1,49,344 1,76,850 24,536 43,54,715 44,48,298 14,77,479 73,25,534Total 5143 1,16,54,195 '{ 4,33,941 '{ 5,13,865 71,294 '{ 1,26,73,295 1,29,25,978 '{ 42,93,037 '{ 2,13,06,236

ti

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