Wednesday, May 21, 2025

LEAVE AND LICENSE AGREEMENT

 

 

 

 

 

 

 

 

 

 

 

 

 

 

LEAVE AND LICENSE AGREEMENT

 

 

THIS AGREEMENT is made at Garia, Kolkata  this  1st day of  June’ 2025, between SRI MANOJ GHOSH, Son of Late Mohan Ghosh, residing at Village – Barhans Fartabad, Post Office – Garia, Police Station – Narendrapur, District – South 24-Parganas, Kolkata – 700 084, (which terms or expressions shall unless excluded by or repugnant to the subject or context, be deemed to mean and include his heirs, executors, administrators, successors, legal representatives and assigns), hereinafter referred to as 'the Licensor' of the One Part.

 

 

 

And

 

M/s. FKS GLOBAL PRIVATE LIMITED, [CIN : U85100WB2019PTC231115 ] (PAN : AADCF6887G) having its Registered Office at C/O. Basudev Tewari, 733A/11C/7E/7E, Sonali Abaasan, 1st Floor, Latibpur, Uluberia, Howrah, Pin - 711315, represented by its Director Basudev Tewari, Son of Subrata Tewari, {AADHAR : 302365536743} residing at Flat No. 402, Shyamali Abasan, Bazarpara R.S., Howrah - 711316, (which terms or expressions shall unless excluded by or repugnant to the subject or context, be deemed to mean and include it’s executors, administrators, successors, legal representatives and assigns), hereinafter referred to as the 'Licensee' of the Other Part, as follows;

 

WHEREAS the Licensor is the owner of large rooms at Ground floor, measuring about 1270 ( Twelve Hundred and Seventy) Sq. ft. more or less with one bathroom and open spaces along with the said room including electric connection thereon situated on the ground floor of One storied building on the premises morefully described in the schedule written hereunder.

 

AND WHEREAS the Licensee has approached the licensor with a request to allow the Licensee to temporarily occupy and use a portion of the Ground floor of the said building, admeasuring about  1270 ( Twelve Hundred and Seventy) square feet for carrying on Human health activities, on leave and license basis until the Licensee gets other more suitable accommodation.

AND WHEREAS the Licensor has agreed to grant leave and license to the Licensee to occupy and use the said ground floor portion of the said building and which portion is morefully described hereunder on the following terms and conditions agreed to between the parties hereto;

 

NOW IT IS AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS..

 

1.           The Licensor hereby grants leave and license to the Licensee to occupy and use the said portion of the ground floor / 1270 ( Twelve Hundred and seventy ) Sq. ft. floor of the said building of the Licensor (hereinafter referred to as the Licensed Premises) for a period of Eleven months from 1st day of June’ 2025 to 30th April’ 2026, and will finally terminate and ceased to continue on expiry of eleven months ( i.e. 30th April’ 2026 ), and the Licensee undertake to surrender and handover the physical peaceful vacant possession of the Licensed premises to the Licensor. The Licensee agrees to vacate the said premises even earlier if the Licensee secures any other accommodation in the locality where the said premises are situated.

 

2.           This writing shall never be construed as tenancy agreement or lease nor otherwise creating any other interest in the property in favour of the occupiers which is not at all the intention of the parties but on the contrary merely a temporary arrangement, to allow the occupiers to use portion of the premises for their office accommodation under the control and supervision of the owners for which purpose the owners shall retain rooms , the owner shall have his / their own staff for the care and supervision and maintenance of and services to the property.

 

3.           The Licensee shall pay a sum of Rs. 60,000/- ( Rupees Sixty Thousand ) only, as Security Deposit to the Licensor at the execution of this present. The said deposit is refundable without any interest thereon at the occasion of leaving the premises by the Licensee. At the time of leaving the premises, the Licensor inspect his property being portion of schedule as morefully enumerated below, and if he find any damage in the property the same may be accommodated with the said Security deposit and after such accommodation of the damage charges appropriately assessed by the Architecture, the remaining being balance therefore should return to the Licensee.

 

4.           The Licensee shall pay to the Licensor a sum of Rs. 34,650/- ( Rupees Thirty Four Thousand Six Hundred Fifty) only, per month as License fee or compensationincluding cost of maintenance of Licensed premises, to be paid in advance for each month on or before the 10th  day of each English calendar current month. The License fees must be paid in Cash and without any statutory deduction, if any.

 

5.           All the Municipal taxes and other taxes and levies in respect of the licensed premises will be paid by the Licensor alone.

 

6.           The electric charges and water charges for electric and water consumption in the said licensed premises will be paid by the Licensee to the authorities concerned and the Licensor will not be responsible for the same. For the sake of convenience a separate electric and water meter if possible will be provided in the said premises.

 

7.           The licensed premises will be used only for carrying on Human health activities and for no other purpose.

 

8.           The Licensee shall take all, the endeavour to have safety and security of the Licensed premises, by fixing and arranging the Fire Extinguisher, and other instruments, etc.

 

9.           The licensed premises have normal electricity fittings and fixtures. If the Licensee desires to have any additional fittings and fixtures, the Licensee may do so at his own cost and in compliance with the rules. The Licensee shall remove such fittings and fixtures on the termination of the license failing which they shall be deemed to be the property of the Licensor.

 

10.        The licensed premises are given to the Licensee only and the Licensee will not be entitled to transfer the benefit of this agreement to anybody else or will not be entitled to allow anybody else to occupy the premises or any part thereof. Nothing in this agreement shall be deemed to grant a lease and the licensee agrees and undertakes that no such contention shall be taken up by the Licensee at any time.

 

11.        The Licensee shall not be deemed to be in the exclusive occupation of the licensed premises and the Licensor will have the right to enter upon the premises at any time during working hours to inspect the premises.

 

12.        The Licensee shall maintain the licensed premises in good condition and will not cause any damage thereto. If any damage is caused to the premises or any part thereof by the Licensee or his employees, servants or agents the same will be made good by the Licensee at the cost of the Licensee either by rectifying the damage or by paying cash compensation as may be determined by the Licensor's Architect.

 

13.        The Licensee shall not carry out any work of structural repairs or additions or alterations to the said premises. Only such alterations or additions as are not of structural type or of permanent nature may be allowed to be made by the Licensee inside the premises with the previous permission of the Licensor.

 

14.        The Licensee shall not cause any nuisance or annoyance to the people-in the neighbourhood or store any hazardous goods on the premises.

 

15.        If the Licensee commits a breach of any term of this agreement then notwithstanding anything herein contained the Licensor will be entitled to terminate this agreement by fifteen days' prior notice to the Licensee. 

 

16.        On the expiration of the said term or period of the License or earlier termination thereof, the Licensee shall hand over vacant and peaceful possession of the Licensed premises to the Licensor In the same condition In which the premises now exist subject to normal wear and tear. The Licensee's occupation of the premises after such termination will be deemed to be that of a trespasser.

 

SCHEDULE ABOVE REFERRED TO :

{ Licensed Portion }

 

All that piece and parcel of Large rooms measuring about 1270( Twelve Hundred and seventy ) Sq. ft. more or less with a bath room and open space with the said room including electric connection thereon along with right of ingress and egress from and to the main road, situated on the ground floor of a one storied building having premises no. / holding no. 416, within Ward no. 29, of Rajpur – Sonarpur Municipality, Police Station – Sonarpur, District – South 24-Parganas, West Bengal.

 

 

IN WITNESS WHEREOF the parties hereto have put their hands the day and year first hereinabove written.

 

 

 

 

 

 

 

 

 

 

Signed by the within named Licensor

 

 

 

 

 

Signed bythe within named Licensee

Witnesses :

 

1 :

 

 

2 :

 

 

Drafted and Prepared in my Chamber,

 

 

 

Ashok Kumar Singh.

Advocate.

High Court Bar Association Room No. 15.

High Court at Calcutta.

Mobile Number : 9883070666 / 9836829666.

E-mail :aksinghadvocate@rediffmail.com

THIS LEAVE AND LICENSE AGREEMENT MADE ON THIS THE 1St DAY OF JUNE’ 2025, AT KOLKATA.

 

 

 

 

 

BETWEEN

 

 

Shri MANOJ GHOSH

                   _________LICENSOR.

 

A N D

 

 

M/s. FKS GLOBAL Private limited.

 

                   __________LICENSEE.

 

 

 

 

 

LEAVE AND LICENSE.

 

 

 

 

 

 

Drafted & Prepared by :

 

Ashok Kumar Singh, Advocate, High Court Bar Association Room No. 15, High Court at Calcutta. Mobile No. 9883070666 / 9836829666, E-mail :aksinghadvocate@rediffmail.com

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