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Agreement of Dealership between Manufacturer and Firm This Agreement is made on this.......day of ........................ at ..............between : 1.     Messers XYZ Ltd., incorporated under the Companies Act, 1956 having its registered office at ...................................................... hereinafter called the company of the one part ; and 2.     Messers ABC & Co, a partnership concern consisting of its partners Mr. ................... , Mr............................ and Mr.......................through its partners Mr......................having its office at..........................hereinafter called the firm of the other part. WHEREAS the manufacturer is engaged in manufacturing electronics and electrical products of different varieties. AND WHEREAS the firm has its own establishment and is making sales of the products of other companies and has shown its desire of selling the product of the company from its new showroom recently taken on rent. AND WHEREAS the company, after considering the proposals put forward by the firm has decided to appoint the firm. NOW THIS AGREEMENT WITNESSES AS UNDER : 1.     That the company hereby appoints the firm as its dealer to sell the products of the company. 2.     That the appointment of the firm as dealer shall remain in force for three years from the date of this agreement, but this agreement may be renewed for the same period on the terms and conditioned that may be settled between the parties at that time. 3.     That the firm shall keep the stock of the company for Rs................at any time. The firm shall submit a quarterly return of the product received, product sold and product in hand. 4.     That the company shall allow credit of one month to the firm on all invoices. But an interest of 18% per annum shall be charged on all payments received after one month. 5.     That advertisement material shall be supplied by the company to the firm in sufficient quantity in order to display the same at sales depot and for distribution in the areas of its operation. 6.     That the company shall bear 60% cost of rent, and staff subject to maximum of 6% of the invoice value of all products of the company sold to the firm. This amount shall be credited in running account of the firm with the company on quarterly basis. 7.     That accounts between the parties shall be settled half yearly and debit or credit notes shall be issued half yearly in order to square up the accounts. 8.     That the firm shall make every efforts to promote the sales of the company. In case it is felt by the company that the firm is not taking proper interest, it may terminate the dealership by giving one months prior notice. 9.     That on termination of the agreement the accounts shall be settled within a fortnight. The company shall take back all unsold stock and settle the account. 10.  That firm shall not sell any goods of the company on a price higher or lower than what may be fixed by the company from time to time. 11.  That the firm is entitled to appoint sub-dealer, agents, salesmen clerk etc. in salary or commission basis, but with the condition that they shall work strictly within the terms an conditions of this agreement. IN WITNESS WHEREOF the parties have executed these presents on the day, month and year first above written. Sealed, signed and delivered by Mr. A pursuant to Board Resolution dated ......... of XYZ Ltd. ____________________________ (Secretary) Sealed, signed and delivered by Mr. C. Firm ____________________________ Mr. C. (Partner of ABC & Co.) In the presence of 1. ............... 2. ............... Download Word Document In English. (Rs.10/-)

Building Agreement between the Owners and The Contractor on Fee Plus Cost of Labour and Materials This Agreement made at ....................... on this ............. day of ..................2000, between Shri........................ S/o ....................... resident of .............................. (hereinafter called 'the owner' which expression shall unless repugnant to the context or meaning thereof, be deemed to include his heirs, legal representatives, executors and administrators) of the ONE PART and M/s ABC Builders & Contractors, a partnership firm registered under Partnership Act, 1932 and having its registered office at .................. (hereinafter referred to as 'the builders' which expression shall unless repugnant to the context or meaning thereof, be deemed to include every partner for the time being of the said firm, the survivor or survivors or the legal representatives, executors or administrators of the last survivor of the Other Part. Where as the first party is the owner of the plot of land admeasuring .................... sq. meters bearing plot No. ........... city survey No. ...................... Khasra No. ..................... situate, lying and being at ...................... Tahsil and District ...................... (hereinafter referred to as the "said plot of land") and is desirous of getting a house constructed on the said plot of land. and Whereas the first party has appointed Shri ................. as the architect and the said architect has prepared the plans, drawings and elevations of the said intended house and the specification of the works to be done and of the materials. AND WHEREAS the second party is a big contractor and is having vast experience in construction of big buildings and has agreed to construct the house on the said plot of land. Now it is Agreed by and Between The Parties as Follows: 1.     The builders will construct the building on the said plot of land in conformity with the plans, drawings, specifications and elevations as prepared by the architect which has been annexed hereto and marked as Annexure A, with the material of best quality and in the most substantial and workman like manner and to the satisfaction of the architect. 2.     The builders hereby undertake to commence the construction within fifteen days of execution of these presents and complete the construction on or before the expiry of ................... months from the date of execution of these presents in accordance with the plans duly approved and sanctioned by the Municipal Corporation of .................................. and specifications and conditions as are set out in Annexure A hereunder written. 3.     If the builders fail to complete the said work within the period as stipulated in the foregoing provision, the builders shall, at the option of the owner but without prejudice to the other rights under law of the owner and other provisions herein, pay liquidated damages calculated at the rate of Rs.......... per day (but subject to a maximum of 2% of the total contract amount payable by the owner under this agreement) for the period between the said stipulated time for completion of the works. The builders hereby specifically agree and authorise the owner to deduct such liquidated damages, if any, from any installment of payment becoming due and payable to the builders in terms of this agreement. 4.     The owner will pay to the builders a sum of Rs............. out of which the owner shall pay to the builders weekly such sum as may be sufficient to defray the expenses incurred by the builders in respect of materials used in the works, checked and certified by the architect, Rs ......... on the certificate by the architect that the work upto first floor has been completed, the further sum of Rs ............. on the certificate by the architect that the work upto second floor has been completed and the balance shall be paid on the certificate by the architect that the said works have been completed in all respects according to the agreement and the builders have at their own expenses removed and cleared all scaffolding, fencing, unused materials and rubbish from the premises and made and prepared the bungalow fit for use and habitation and immediate occupation. However, a sum equivalent to 5 per cent of the total contract amount payable by the owner under this agreement shall be retained by the owner as retention money, which shall be paid after a period of 12 months from the date of handing over the said bungalow complete in all respects and fit for occupation. The builders hereby agree and undertake to rectify all such defects as may be found or detected during the period of 12 months. If the builders fail to rectify the defects pointed out or decline to cure such defects as pointed by the owner within fifteen days from the date of reporting to the builders, the owner shall be entitled to have such defects cured by such other agencies as it may deem fit at the entire cost and risk of the builders and utilise the retention money; Provided further that in the event of the said retention money being inadequate to meet such costs, charges and expenses incurred by the owner for curing the defects in the construction, the builders shall within 7 days of a demand in writing made by the owner make good the defect, failing which the builders shall be liable to pay the same together with the interest at 15% per annum. 5.     The owner shall allow free ingress to and egress from the premises to the builder’s servants, employees, sub-contractors and all other persons, who are necessary in connection with the carrying out of the works under the agreement. 6.     The builders shall indemnify the owner in respect of all claims, damages or expenses payable in consequence to any injury to any employee, workman, nominee, invitee while in or upon the said premises. The builders shall also be responsible for any damage to buildings, whether immediately adjacent or otherwise and any damage to roads, streets, foot-paths, bridges or ways as well as all damages caused to the buildings, and work forming the subject to this contract by frost, rain, wind or other inclemency of weather. 7.     If the builders abandon the contract or fail to commence the work or suspend the progress of the work for 14 days without any lawful excuse under these conditions, or fail to proceed with the works with such due diligence and fail to make such due progress as would enable d the works to be completed within the time agreed upon or fail to remove materials from the site or to pull down and replace work for seven days after receiving from the architect written notice that the said materials or the works were defective and rejected by the said architect or neglect or fail persistently to observe and perform all or any of the acts, materials or things required by this contract to be observed and performed by the owner for seven days after written notice shall have given to the builders requiring them to observe or perform the same and the architect certifies in writing to the owner to the said effect, then and in any of the said cases the owner may, notwithstanding any previous waiver, after giving seven days notice through the said architect in writing to the builders terminate the licence in favour of the builders and in so far as it relates to the completion of the remaining construction work, but without thereby affecting the powers of the architect, or the obligations and liabilities of the builders, the whole of which shall continue in force as fully as if this Agreement had not been so determined. And the owner by his servants or agents may enter upon and take possession of the work, tools, scaffolding, sheds, machinery, power, utensils and materials lying upon the premises or in the adjoining lands or roads and use the same as its own property or may employ the same by means of its own servants and workmen in carrying on and completing the work or by employing any other contractor or other person to complete the works and the builders shall not in any way interrupt or do any act, matter or thing to prevent or hinder such other contractor or other person or persons employed for completing and finishing the works or using the material and plant for the works. 8.     When the said works are terminated in the manner as stipulated in the foregoing provision, the architect shall give a notice in writing to the builders to remove their surplus materials and plant, and should the builders fail to as so within a period of seven days, after receipt thereof by them, the owner may sell the same by public auction and give credit to the builders for the net amount realised. The architect shall thereafter ascertain and certify in writing, what (if any thing) shall be due or payable to or by the owner, for the value of the said building and materials so taken possession of by the owner and the expense or loss which the owner shall have been put to in procuring the work to be completed and the amount, if any, owing to the builders and the amount which shall be so certified shall thereupon be paid by the owner to the builders or by the builders to the owner, as the case may be, and the certificate of the architect shall be final and conclusive between the parties. 9.     The builders shall be bound to appoint an engineer competent to receive instructions from the architect from time to time, on behalf of the builders at all reasonable hours and all directions given to him by the architect shall be deemed to have been given to the builders. 10.  The owner or his representatives shall be entitled to inspect the progress of the construction work and materials used for the construction and they shall be entitled to point out to the architect any defects in the construction work, quality of workmanship or materials d used when such defective work is in progress or being executed or such material is brought on site. If the architect will be satisfied about the objections raised, the said architect shall certify the same in writing and direct the builders to rectify at their own cost the defect in the said construction work or remove such defective materials and the same shall be rectified or removed by the builders as directed. 11.  All disputes or differences relating to the specifications, designs, drawings and as to quality of workmanship or material used in the work or as to any other question arising out of or relating to the contract, design, drawings, specifications, orders or otherwise in connection with the agreement or the carrying out of the works, whether during the progress of the work or after the completion or abandonment thereof shall be referred to the sole arbitration of two arbitrators, one to be appointed by each party. The arbitrators shall appoint an umpire before entering upon the reference. The parties would cooperate and lead evidence, etc. with the arbitrators and if one of the parties does not cooperate or remains absent at the reference, the arbitrators or the umpire would be at liberty to proceed with the reference ex-parte. The arbitrators or the umpire shall keep record of the oral evidence adduced by the parties and submit the same to the court at the time of filing of the award, along with documentary evidence produced before them or him by the parties or their witnesses. The proceeding of the arbitrators or the umpire shall be recorded in English and a carbon copy whereof shall be furnished to each party. The arbitrators or umpire shall be entitled to appoint stenographer, for recording proceedings of the arbitration, consult an expert, after previous notice to the parties to the reference, the cost whereof shall be borne equally by the parties. The fees of the arbitrator appointed by a party shall be borne by the party, so appointing and the fees of the umpire and the other arbitration expenses shall be borne equally by the parties. The arbitrators shall make their award, with reasons for the decision, within six months from the date of entering upon the reference. If the arbitrators have allowed their time to expire without making an award or have delivered to any party or to the umpire a notice in writing stating that they cannot agree, the umpire shall forthwith enter on the reference. The umpire shall make his award within tour months of entering on the reference or within such extended time, as the parties may agree. The award of the arbitrators, or umpire, as the case may be, shall be final, conclusive and binding on the parties and shall not be challenged on any ground except collusion, fraud or an error apparent on the face of the award. This reference to arbitration shall be deemed to be a reference within the meaning of the Arbitration and Conciliation Act, 1996 or any statutory modification thereof. No action can be taken under this agreement for the enforcement of any right without resorting to arbitration under this clause. 12.  This agreement shall be executed in duplicate, the original shall be retained by the owner and the duplicate by the builders. In Witness Where of the parties have signed these presents and a duplicate thereof, the day and year first hereinabove written. Signed and delivered by .................... the owner Signed and delivered by M/s ABC Builders and Contractors, the builders, by its partners WITNESSES; 1. 2. Download Word Document In English. (Rs.20/-)

Agreement for Building Where Owner Supplies Plot of Land Only. An Agreement made on the ………..day of …………….BETWEEN AB, etc. (hereinafter called the “contractor”) of the part and CD, etc, (hereinafter called the “owner”) of the second part. Whereas 1.     The party of the second part is the owner of the plot of land measuring …………..metres at………………and more particularly described in the plan attached and therein delineated as red. 2.     The owner being desirous of erecting building on the said plot has appointed Shri……………as the architect. 3.     The plans, designs, drawings and elevations of the said intended building and specifications of the works to be done and of the materials to be provided in and for the erection of the said building have been prepared by the purposes of identification by both the parties. 4.     The contractor is willing to enter into an agreement for the execution of the said works for the sum of Rs………….. Now it is hereby Mutully agreed as Follows: 1.     The contractor shall erect on the said plot of land a building in conformity with the plans, drawing and elevations and complete all the and workmanlike manner and to the satisfaction of the said architect and thesaid specifications, plans, drawings and elevations and of this agreement. 2.     The contractor will finish and compete the said building on or before the………………….day of……………..and if the said building shall not be completed on or before the said date the contractor shall forfeit, out of the moneys which shall be due which shall elapse after the……….day of ………..until the said building shall be completed : Provided that if the contractor is prevented by any strike among the workman or by reason of any event beyond his control, the said architect may extend the time for the completion of the works for such reasonable period as he may think fit. 3.     If the contractor shall become bankrupt, or sahll from any cause whatsoever be prevented from or delayed in proceeding with and completing the said works according to the terms and conditions of this agreement, or shall not proceed with the said works to the satisfaction of the said architect, it shall be lawful for the said architect to leave or cause to be left at the usual place of abode or business of the contractor, a notice or notices in writing for the said contractor to proceed regularly and effectually with the said contractor to proceed regularly and effectually with the said works and in case the said contractor shall , for 7 days after such notice is so left as aforesaid, make default in regularity and effectually proceeding with the said work it shall be lawful for the said architect to employ any other workmen either by contract or measure and value or otherwise to proceed with the said works and complete the same and pay to the said workmen out of the moneys which shall be then due to the said contractor on account of this agreement’s the amount of their charges for the same and ; for all necessary materials to be found and provided for such completion ; and if the amount of balance to the credit of the contractor be insufficient to cover such charges for workmen and materials as are last heretobefore directed to be paid there out, and then in such case the said contractor shall and will make good and pay such deficiency on demand. 4.     If the said architect shall at any time or times consider any of the workmen employed by the said contractor on the works as in any ways incompetent or as acting improperly it shall in every such case be lawful for the said architect to discharge such workman or workmen, and the said contractor shall without delay put another workman or other workmen in his or their place. 5.     In case any of the materials brought on the said premises by the said contractor shall be considered by the said architect unsound or in any respect improper, the said contractor will, upon notice in writing to him or his foreman on the premises given by the said architect cause the same to be removed from off the ground and proceed with the said works with materials corresponding with the said specifications and instructions and approved of by the said architect and on default of such removal within _____ days after such last mentioned notice, it shall be lawful for the said architect to cause the same to be removed to such place or places as he may think proper, without being in any way answerable or accountable for the loss or damage that shall happen to any materials so removed as aforesaid, and to cause proper materials to be substituted for the same, and to pay all expenses attending such removal and substitution out of the moneys which shall become due to the said contractor by virtue of this agreement. 6.     In case the said architect shall consider any part of the said works to have been executed in an unsound and improper manner, the said contractor will cause the same immediately to be taken down and executed in a proper manner to the satisfaction of the said architect without any extra charge or expense whatsoever. 7.     If the said architect or the parties hereto of the second part, shall think proper at any time or times to make any alterations or additions to or omission in the works hereby contracted for he or they shall give to the said contractor written instructions for such alterations or omissions signed by the said architect, but the said contractor shall not be considered to claim for the value or otherwise in respect thereof, without such written instructions so signed as aforesaid. Any additional charge by the contractor with respect to such alterations if certified to be correct by the architect shall be paid for in the same manner and at the same time as hereinafter expressed for the payment of the ultimate balance of the said sum of Rs………………. 8.     Any damage arising from accidents or carelessness of the workmen or otherwise to the said work hereby contracted for, or to the materials or implements therein used, shall be borne and effectually made good by the said contractor at his own costs and charges. 9.     The said contractor shall provide all the materials of the best kind available in the market for the said building in accordance with the specification mentioned above. 10.  The said contractor will not, unless with the consent of the said architect, make any sub-contract for the execution of the works hereby contracted for, or any part thereof, nor unless with such consent as aforesaid assign or underlet the present contract. 11.  The contractor shall be paid Rs……. as his remuneration for the labour supplied and material used by him for the aforesaid building in the following manner :Rs……. shall be paid by 12 monthly installments of Rs…… each, the first installment to be paid on ….. and the balance of Rs….. within three months of the completion of the building, provided that in the case of each payment the architect certifies that the work and materials to a sufficient amount shall have been done, executed or provided by the said contractor to the satisfaction of the said architect. Provided also that the said contractor shall not be entitled to payment or receive the said balance of Rs……. until the said architect shall certify under his own hand that whole of said works have been completed and finished to his satisfaction. The decision of the architect shall be binding on the parties and shall be final. In Witness Where of the parties hereto have signed this agreement on the day and year first written above. Download Word Document In English. (Rs.10/-) Download PDF Document In Marathi. (Rs.10/-)

Agreement between Builder and a Broker for Selling the Flats to be constructed THIS AGREEMENT made at .................. on this ............... day of ....................., 2000, between ABC Construction Co. Ltd., a company incorporated under the Companies Act, 1956 and having its registered office at     ....................... hereinafter called 'the Builder" (which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include its successors and assigns) of the ONE PART; and Shri XYZ son of Late Shri............................ resident of ........................ hereinafter called "the Broker" (which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include his heirs, legal representatives, executors and administrators) of the Other Part Where as The builder is constructing residential flats at ................. more particularly described in the Schedule hereunder written; and wants to sell those flats and for the said purpose the services of the brokers are required.and Whereas the broker has approached the builder and expressed his consent to act as broker for the sale of the flats on the terms and conditions mutually agreed upon. Now This Agreement Witnesses As Follows: 1.             The builder appoints the broker for selling the flats being constructed by him, more particularly described in the Schedule hereunder written at the price and on the terms and conditions laid down in Annexure 1 to this agreement 2.             The broker will be entitled to the commission at the rate of 5 per cent on the cost of the flats booked by him. 3.             The builder hereby represents and warrants that he is having clear and marketable title to the flats, free from any encumbrance, charge, lien, mortgage or attachment. The builder also represents and warrants that the material used in the flats is of best quality. 4.             The builder hereby gives the period of six- months hereof for the sale of the flats described in the Schedule hereunder written and he shall not be authorised to sell the flats after the period of six months. In Witness Where of the parties have set their respective hands to these presents on the date, month and year hereinabove written.                                      Schedule Annexure 1 Signed and delivered by ABC Construction Co. Ltd. through the hands of Shri..............................      Managing Director Signed and delivered by XYZ WITNESSES; 1. 2. Download Word Document In English. (Rs.10/-) Download PDF Document In Marathi. (Rs.10/-)

Agreement between a Company and Security Service Company for Providing Security Services to the Company's Property This Agreement made at ......... on this ......... day of ....... 2000, between ABC Co. Ltd., a company incorporated under the Companies Act, 1956 and having its registered office at ................ (hereinafter referred to as "the Employer", which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include its successors and assigns) of the ONE PART and XYZ Security Guards (P) Ltd., a company incorporated under the Companies Act, 1956 and having its registered office at ..........  (hereinafter referred to as "the Company" which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include its successors and assigns) of the Other Part. Where as the employer is having its factory at .......... hereinafter referred to as "the said factory" and it wants to employ security guards to provide security services to the said factory. and Where as The company, who is experienced in providing security services to the industrial units and other organisations has offered to provide security services to the Employer at the said factory and the employer has agreed to avail the said services being provided by the company. Now this Agreement Witnesseth as Follows: 1.     The company shall provide .......... security guards to keep ward and watch and protection of the said factory as per the employer's requirement. The security guards provided by the company will be for twenty-four hours in the shift of 8 hours and shall provide complete security arrangement and protection of the said factory round the clock. 2.     The employer shall give the watchmen's hut constructed on the gate of the said factory to the security guards and the said guards shall cheek all the vehicles and personnel entering into and going out of the said factory as per the instructions issued by the employer's representative from time to time and shall maintain proper record of the vehicles and personnel coming and going out of the factory. 3.     The company at its own expenses shall provide its security guards with necessary uniform, arms, outfit, etc. required for the effective discharge of security services to the employer. 4.     The company shall ensure that the security guards provided by it maintain perfect discipline and behavior and they shall not in any manner cause any interference, annoyance, nuisance to the management of the employer or its business or work or its officers/ employees/other contractors. 5.     The company agrees and undertakes that the security services provided by the security guards shall be to the entire satisfaction of the employer and the company will make it clear to the security guards that the latter are employees of the company and they shall have no claims against the employer and the employer shall not be liable to wages, salary, compensation and any statutory benefits due to the security guards under the labour law and other legislation and the company shall be responsible for providing such amenities to its employees admissible under the law/rules/service conditions. 6.     The company will indemnify the employer against any claim, loss, damage occurred, or caused to the employer due to willful acts or omissions or carelessness or negligence of the security guards employed by the company, while on duty. 7.     The employer shall pay a sum of Rs. .........  (Rupees............... only) per security guard per month and a sum of Rs. ......... per security guard for three national holidays for the services provided by the company on submission of the bill by the company by 10th day of the following month. The employer shall not make any payment to the security guards and payment will be made to the company only. 8.     The company will obtain licence, if any, required under the local or central laws for providing security services to the employer. 9.     The employer shall be entitled to supervise the services provided by the company and if it finds that the conduct, behavior and performance of work of any of its security guard is unsatisfactory, it may issue directions to the company to immediately recall the particular person and substitute him by another and the company shall comply with such directions issued by the employer forthwith. 10.  This agreement will be for a period of one year from the date of execution of these presents. The employer shall, in the event of the company committing any breach of any of the terms and conditions of this agreement or if the services provided by the company is considered to be unsatisfactory by the employer or for any other reason considered by the employer as sufficient, be entitled to terminate this agreement by giving one month's notice in writing and the company shall not be entitled to any compensation in case of such termination. The company may also terminate this Agreement by giving one month's notice in writing to the employer. 11.  On expiry or earlier determination of this agreement, the company and the security guards shall vacate the factory premises, without in any way causing any damage to the said premises and the factory's property therein. 12.  In case of any dispute or difference arising between the parties under this agreement, the decision of  ......... will be final and binding and the company will not be entitled to lodge any claim against the decision of the said Shri ……………........... 13.  The stamp duty on this agreement and duplicate thereof shall be borne by the company. The original shall be retained by the employer and the company shall retain the duplicate. 14.  Unless otherwise agreed upon, the respective addresses for communication in respect of any matter relating to this agreement shall be as under:- For the Employer ........................................................... For the Company ............................................................ In Witness Where of, the parties have caused their common seal to be affixed to these presents and the duplicate, the day and year first hereinabove written. The common seal of ABC Co. Ltd., the within named employer is hereunto affixed pursuant to the resolution of its Board of Directors passed at the meeting held on   .......……….. The common seal of A B Security Guards (P) Ltd., the within named company is hereunto affixed pursuant to the resolution of its Board of Directors passed at the meeting held on   ………………...... WITNESSES; 1. 2. Download Word Document In English. (Rs.15/-)

Agreement form between Owner and a Builder for Construction of the Building This Agreement made at ....................... on this .............  day of   ..................2000, between Shri........................ S/o ....................... resident of ..............................  (hereinafter called 'the owner' which expression shall unless repugnant to the context or meaning thereof, be deemed to include his heirs, legal representatives, executors and administrators) of the ONE PART and M/s ABC Builders & Contractors, a partnership firm registered under Partnership Act, 1932 and having its registered office at .................. (hereinafter referred to as 'the builders' which expression shall unless repugnant to the context or meaning thereof, be deemed to include every partner for the time being of the said firm, the survivor or survivors or the legal representatives, executors or administrators of the last survivor of the Other Part. Where as the first party is the owner of the plot of land admeasuring .................... sq. meters bearing plot No. ........... city survey No.               ...................... Khasra No. ..................... situate, lying and being at ...................... Tahsil and District ......................   (hereinafter referred to as the "said plot of land") and is desirous of getting a house constructed on the said plot of land. and Whereas the first party has appointed Shri ................. as the architect and the said architect has prepared the plans, drawings and elevations of the said intended house and the specification of the works to be done and of the materials. and Where as the second party is a big contractor and is having vast experience in construction of big buildings and has agreed to construct the house on the said plot of land. Now it is Agreed by and between The Parties as Follows: 1.             The builders will construct the building on the said plot of land in conformity with the plans, drawings, specifications and elevations as prepared by the architect which has been annexed hereto and marked as Annexure A, with the material of best quality and in the most substantial and workman like manner and to the satisfaction of the architect. 2.             The builders hereby undertake to commence the construction within fifteen days of execution of these presents and complete the construction on or before the expiry of ................... months from the date of execution of these presents in accordance with the plans duly approved and sanctioned by the Municipal Corporation of .................................. and specifications and conditions as are set out in Annexure A hereunder written. 3.             If the builders fail to complete the said work within the period as stipulated in the foregoing provision, the builders shall, at the option of the owner but without prejudice to the other rights under law of the owner and other provisions herein, pay liquidated damages calculated at the rate of Rs.......... per day (but subject to a maximum of 2% of the total contract amount payable by the owner under this agreement) for the period between the said stipulated time for completion of the works. The builders hereby specifically agree and authorise the owner to deduct such liquidated damages, if any, from any installment of payment becoming due and payable to the builders in terms of this agreement. 4.             The owner will pay to the builders a sum of Rs............. out of which the owner shall pay to the builders weekly such sum as may be sufficient to defray the expenses incurred by the builders in respect of materials used in the works, checked and certified by the architect, Rs ......... on the certificate by the architect that the work upto first floor has been completed, the further sum of Rs ............. on the certificate by the architect that the work upto second floor has been completed and the balance shall be paid on the certificate by the architect that the said works have been completed in all respects according to the agreement and the builders have at their own expenses removed and cleared all scaffolding, fencing, unused materials and rubbish from the premises and made and prepared the bungalow fit for use and habitation and immediate occupation. However, a sum equivalent to 5 per cent of the total contract amount payable by the owner under this agreement shall be retained by the owner as retention money, which shall be paid after a period of 12 months from the date of handing over the said bungalow complete in all respects and fit for occupation. The builders hereby agree and undertake to rectify all such defects as may be found or detected during the period of 12 months. If the builders fail to rectify the defects pointed out or decline to cure such defects as pointed by the owner within fifteen days from the date of reporting to the builders, the owner shall be entitled to have such defects cured by such other agencies as it may deem fit at the entire cost and risk of the builders and utilise the retention money; Provided further that in the event of the said retention money being inadequate to meet such costs, charges and expenses incurred by the owner for curing the defects in the construction, the builders shall within 7 days of a demand in writing made by the owner make good the defect, failing which the builders shall be liable to pay the same together with the interest at 15% per annum. 5.             The owner shall allow free ingress to and egress from the premises to the builder’s servants, employees, sub-contractors and all other persons, who are necessary in connection with the carrying out of the works under the agreement. 6.             The builders shall indemnify the owner in respect of all claims, damages or expenses payable in consequence to any injury to any employee, workman, nominee, invitee while in or upon the said premises. The builders shall also be responsible for any damage to buildings, whether immediately adjacent or otherwise and any damage to roads, streets, foot-paths, bridges or ways as well as all damages caused to the buildings, and work forming the subject to this contract by frost, rain, wind or other inclemency of weather. 7.             If the builders abandon the contract or fail to commence the work or suspend the progress of the work for 14 days without any lawful excuse under these conditions, or fail to proceed with the works with such due diligence and fail to make such due progress as would enable d  the works to be completed within the time agreed upon or fail to remove materials from the site or to pull down and replace work for seven days after receiving from the architect written notice that the said materials or the works were defective and rejected by the said architect or neglect or fail persistently to observe and perform all or any of the acts, materials or things required by this contract to be observed and performed by the owner for seven days after written notice shall have given to the builders requiring them to observe or perform the same and the architect certifies in writing to the owner to the said effect, then and in any of the said cases the owner may, notwithstanding any previous waiver, after giving seven days notice through the said architect in writing to the builders terminate the licence in favour of the builders and in so far as it relates to the completion of the remaining construction work, but without thereby affecting the powers of the architect, or the obligations and liabilities of the builders, the whole of which shall continue in force as fully as if this Agreement had not been so determined. And the owner by his servants or agents may enter upon and take possession of the work, tools, scaffolding, sheds, machinery, power, utensils and materials lying upon the premises or in the adjoining lands or roads and use the same as its own property or may employ the same by means of its own servants and workmen in carrying on and completing the work or by employing any other contractor or other person to complete the works and the builders shall not in any way interrupt or do any act, matter or thing to prevent or hinder such other contractor or other person or persons employed for completing and finishing the works or using the material and plant for the works. 8.             When the said works are terminated in the manner as stipulated in the foregoing provision, the architect shall give a notice in writing to the builders to remove their surplus materials and plant, and should the builders fail to as so within a period of seven days, after receipt thereof by them, the owner may sell the same by public auction and give credit to the builders for the net amount realised. The architect shall thereafter ascertain and certify in writing, what (if any thing) shall be due or payable to or by the owner, for the value of the said building and materials so taken possession of by the owner and the expense or loss which the owner shall have been put to in procuring the work to be completed and the amount, if any, owing to the builders and the amount which shall be so certified shall thereupon be paid by the owner to the builders or by the builders to the owner, as the case may be, and the certificate of the architect shall be final and conclusive between the parties. 9.             The builders shall be bound to appoint an engineer competent to receive instructions from the architect from time to time, on behalf of the builders at all reasonable hours and all directions given to him by the architect shall be deemed to have been given to the builders. 10.          The owner or his representatives shall be entitled to inspect the progress of the construction work and materials used for the construction and they shall be entitled to point out to the architect any defects in the construction work, quality of workmanship or materials d  used when such defective work is in progress or being executed or such material is brought on site. If the architect will be satisfied about the objections raised, the said architect shall certify the same in writing and direct the builders to rectify at their own cost the defect in the said construction work or remove such defective materials and the same shall be rectified or removed by the builders as directed. 11.          All disputes or differences relating to the specifications, designs, drawings and as to quality of workmanship or material used in the work or as to any other question arising out of or relating to the contract, design, drawings, specifications, orders or otherwise in connection with the agreement or the carrying out of the works, whether during the progress of the work or after the completion or abandonment thereof shall be referred to the sole arbitration of two arbitrators, one to be appointed by each party. The arbitrators shall appoint an umpire before entering upon the reference. The parties would cooperate and lead evidence, etc. with the arbitrators and if one of the parties does not cooperate or remains absent at the reference, the arbitrators or the umpire would be at liberty to proceed with the reference ex-parte. The arbitrators or the umpire shall keep record of the oral evidence adduced by the parties and submit the same to the court at the time of filing of the award, along with documentary evidence produced before them or him by the parties or their witnesses. The proceeding of the arbitrators or the umpire shall be recorded in English and a carbon copy whereof shall be furnished to each party. The arbitrators or umpire shall be entitled to appoint stenographer, for recording proceedings of the arbitration, consult an expert, after previous notice to the parties to the reference, the cost whereof shall be borne equally by the parties. The fees of the arbitrator appointed by a party shall be borne by the party, so appointing and the fees of the umpire and the other arbitration expenses shall be borne equally by the parties. The arbitrators shall make their award, with reasons for the decision, within six months from the date of entering upon the reference. If the arbitrators have allowed their time to expire without making an award or have delivered to any party or to the umpire a notice in writing stating that they cannot agree, the umpire shall forthwith enter on the reference. The umpire shall make his award within tour months of entering on the reference or within such extended time, as the parties may agree. The award of the arbitrators, or umpire, as the case may be, shall be final, conclusive and binding on the parties and shall not be challenged on any ground except collusion, fraud or an error apparent on the face of the award. This reference to arbitration shall be deemed to be a reference within the meaning of the Arbitration and Conciliation Act, 1996 or any statutory modification thereof. No action can be taken under this agreement for the enforcement of any right without resorting to arbitration under this clause. 12.          This agreement shall be executed in duplicate, the original shall be retained by the owner and the duplicate by the builders. In Witness Where of the parties have signed these presents and a duplicate thereof, the day and year first hereinabove written. Signed and delivered by .................... the owner Signed and delivered by M/s ABC Builders and Contractors, the builders, by its partners WITNESSES; 1. 2. Download Word Document In English. (Rs.15/-)

Agreement between a Manufacturer and Selling Agent An Agreement made on this………………..day of …………………between ABC & Co. Ltd. having its registered office at………….(hereinafter called the “manufacturer”) of the one part AND PN son of………………..resident of…………….(hereinafter called the agent) of the other part. Whereas the manufacturer carries on the business of manufacturing banyans, underwear’s, hosiery and other wearing apparel of all kinds. and Whereas the manufacturers is desirous of opening retail shops in various towns of India and is willing to appoint agents for this purpose who shall have to act exclusively as the selling agents of the products of the manufacturer. and whereas the said agent has approached the manufacturer and expressed his consent to act as such agent on the terms and conditions mutually agreed upon. Now, therefore, this Agreement Witnesses as Follows: 1.     The manufacturer carries on the business of manufacturing baniyans, underwears, hosiery and other wearing apparel of all kinds. 2.     The manufacturer is desirous of opening retail shops in various towns of India and is willing to appoint agents for this purpose who shall have to act exclusively has the selling agents of the products of the manufacture. 3.     The said agent has approached the manufacturer and expressed his consent to act as such agent on the terms and conditions mutually agreed upon; Now, therefore, this Agreement Witnesses as Follows : 1.     That the agent shall deposit a sum of Rs…………..as security for the due fulfilment of the terms of this agreement as well as for the adjustment thereof against the price of the goods supplied to the agent by the manufacturer from time to time. 2.     That the manufacturer shall supply an assortment of goods manufactured by it approximately of the value of Rs……………in the first instance and thereafter shall furnish to the agent at his request in writing such further goods as may be so requisitioned by him or as the manufacturer may think expedient to supply to the agent to be kept in the shop run by the agent, so that the total value thereof at any time may not, if requisitioned by the agent, exceed the value of Rs…………………but it shall be at the option of the manufacturer to supply further goods of its manufacture, which it may deem expedient, subject, however, to the compliance with the requisition made to the manufacturer by agent as aforesaid to replenish the stock which, in the opinion of the agent, finds a ready market for its sale. 3.     That the agent shall keep proper account and shall issue cash voucher for every article sold by him, which shall be prepared in triplicate, one legible copy whereof shall be submitted to the manufacturer by the agent every Friday or the next day on which the shop is opened by the agent in case Friday should be a close-day. The copies of such vouchers shall be accompanied with a statement of account showing the goods received by the agent from the manufacturer during the previous week ending with Saturday previous to Friday on which the return is so submitted. 4.     That all the goods supplied by the manufacturer shall be deemed to be in trust with the agent for the purposes of sale on behalf of the manufacturer and any willful omission or non-mention thereof in the return of the sale and receipt of goods submitted to the manufacturer weekly as aforesaid shall be deemed to be a misappropriation thereof unless such omission when pointed out and notified by the manufacturer is not rectified or appropriately explained within one week of such notification. 5.     That the manufacturer shall pay to the agent a commission of……….per cent on the sale of the goods so supplied to the agent. The agent shall be entitled to deduct the commission out of the sale-proceeds and shall be bound to remit to the manufacturer the balance of the sale-proceeds receive by the agent up to Saturday previous, which shall be so remitted on or before Friday next ensuing. The agent, however, shall, at his discretion, be entitled to sell not more than 10 per cent of the sales effected during the week on credit and he shall be bound to realise such out standings within two months of the sale be bound to pay in cash from his own pocket for the price of the foods so sold on credit. The return submitted by the agent shall show in a separate account the sales so made on credit and the realizations made thereon from time to time. 6.     That the agent shall not sell any article at a price less than the one marked thereon by the manufacturer or fixed in respect of the article by the manufacturer from time to time. Any article which becomes soiled or partly broken or otherwise unfit for sale or otherwise apparently diminished in value shall not be exposed for sale by the agent except with the prior approval of the manufacturer, and at prices to be mutually settled between the parties. The agent shall be entitled to give a concession of not more than 5 per cent of the saleable value of any article to any old customer of the agent or any relation of the agent. The agent shall indicate in the return submitted by him weekly as provided in the agreement the fact of such sale at concessional rates. 7.     That the agent shall take reasonable care of the goods supplied by the manufacturer and in case of any theft or injury thereto destruction thereof, he shall make a report to the police in case of a cognizable offence having been committed in respect thereof and forward a copy thereof to the manufacturer or submit a report in respect thereof within three days of the occurrence or its cognizance by the agent. the agent shall assist the manufacturer in the apprehension of the offender or in alleviating or removing the cause of such injury, if any. In the event of the manufacturer making a claim for compensation or otherwise from any insurance company the agent shall assist the manufacturer as if the agent was himself the assured. 8.     That the agent shall keep the goods of the manufacturer for sale in a premises approved by the manufacturer which shall kept clean and well equipped with furniture and other conveniences for the customers. 9.     That this agreement is made to run for a period of two years liable, however, to be terminated earlier, ipso facto in the event of bankruptcy or death of the agent or at the expiry of a notice of a fortnight served on or delivered to the agent at his address aforementioned or sent by registered post to him at the said address in case of default of or breach committed by the agent in respect of any of the terms of this agreement. The agent may also terminate this agreement after giving one month’s notice to the manufacturer in any of the aforementioned modes in case the manufacturer should fail to comply with or commit a breach of the terms of this agreement. 10.  That any dispute arising between the parties touching the interpretation or compliance or non-compliance with the terms or conditions of this agreement shall be referred to the arbitration of the President of the District Bar Association who may determine the dispute himself or refer the dispute to the arbitration of any other member of the Bar Association at …………….The fees of the arbitrator shall be determined by the said President with the assent of the parties, failing which by Court having jurisdiction at…………..to try and decide the dispute. 11.  That at the termination of this agreement, the accounts between the parties shall be mutually adjusted within one month of such termination . In case any party fails to assist in such examination or adjustment of accounts and the taking of stock, the other party may refer the examination and taking of accounts to the determination of the President of the District Bar Association at………….and the provision of CI. 9 aforesaid shall apply thereto. 12.  That no commission shall be payable to the agent after the termination of the agreement whether by efflux of time or otherwise under this agreement, except when this agreement is renewed and the parties mutually further agree thereto or the arbitrator in the event of reference thereto, thinks fit to allow such commission either by interlocutory award or finally subject to such terms as the arbitrator may deem proper. 13.  That the agent shall not, during the period of two years fixed in the agreement (and notwithstanding prior determination thereof by any party thereto), sell goods of any other manufacturer or person and the manufacturer shall not appoint any other selling agent within a radius of ……. Yards of the shop of the agent. in witness whereof the parties have signed this agreement on the day and year first above written. ……………………………….. …………………………….. (Agent) (Manufacturer) Download Word Document In English. (Rs.15/-)

Delay Condonation In SLP IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION I.A. No. ______________OF 2000 IN SPECIAL LEAVE PETITION NO.__________OF 2000 AN APPLICATION FOR CONDONATION OF DELAY IN THE MATTER OF Articles 136,_____,and M/s. ________________ PETITIONER VERSUS Mr.______________& Others RESPONDENTS AN APPLICATION FOR CONDONATION OF DELAY The Honorable Chief Justice of India and his companion Justices of the Supreme Court The humble Petition of the Petitioner above-named MOST RESPECTFULLY SHOWETH: 1.     That the petitioner has filed this Special Leave Petition against the final judgment and order dated passed by the High Court of at in Writ Petition No. of 2000. 2.     That the petitioners have stated the facts of the case and the grounds arising there from in the accompanying petition and the same may be treated as part and parcel of this application. 3.     That against the final judgment and order dated passed by the High Court of at in Writ Petition No. _____________of the petitioner had preferred a Writ Appeal being Writ Appeal No. of and the same was pending before the Honorable High Court/ or state any other valid reason. 4.     That due to the aforesaid reason a delay has occurred in challenging final judgment and order dated passed by the High Court of ______at in Writ Petition No._________ of 2000. 5.     That the said delay which has occurred is purely technical in nature. 6.     That the instant petition does not suffer from any latches as the delay, if any, in filing this petition is unintentional and as such, the delay which has so occasioned may be condoned. PRAYER It is therefore most respectfully prayed that this Honorable court may be pleased to: A.    Condone the delay if any in filing the instant Special Leave Petition against the impugned Judgment and Order dated passed by the Honorable High Court of at in Writ Petition No.___________ of 2000. B.    Pass any further Orders this Honorable Court may deem fit in and proper under the facts and circumstances of the case. AND FOR THIS ACT OF KINDNESS THE PETITIONER SHALL BE EVER GRATEFUL. DRAWN AND FILED BY NEW DELHI: ADVOCATE FOR THE PETITIONER FILED ON Download Word Document In English. (Rs.10/-)

Draft Notice U/S 138 of NIA IN THE COURT OF LD. METROPOLITAN MAGISTRATES 23rd COURT AT ESPLANADE, MUMBAI CASE No. OF 2006 TRADE WINGS HOTELS LIMITED ) Having its Corporate Office at ) 18/20 Dubash Marg, Kalaghoda, ) Fort, Mumbai 400 023 ) Having its Registered Office at ) 6 Mascarenhas building ) Mahatma Gandhi Road, ) Panaji, Goa 403 001 ) through Mr. Ajay Vageria ) its Authorised Representative ) COMPLAINANT V/s 1. ABK Enterprises Pvt. Ltd. ) Having its registered office at ) Chandramukhi Building (Basement), ) Nariman Point, Mumbai 400 0021. ) 2. Dr. Ajit B. Kerkar ) [Director and Authorized Signatory] ) of ABK Enterprises Pvt. Ltd. ) Chandramukhi Building (Basement), ) Nariman Point, Mumbai 400 0021. ) ACCUSED Charge U/s.138 r/w Sec.141 of the Negotiable Instruments Act, 1881. MAY IT PLEASE YOUR WORSHIP: The Complainant through Ajay Vageria, the authorized representative of the complainant company abovenamed, hereby states on solemn affirmation as under: In the circumstances aforesaid, the Accused above named are guilty of offences u/s. 138 r/w. 141 of the Negotiable Instruments Act and pray that they be dealt with according to law. For this Act of kindness, the Complainant in duty bound shall for ever pray. Solemnly affirmed at Mumbai on ) this 8th day of December, 2006 ) For Trade Wings Hotels Ltd. Before me Advocate for the Complainant MbsinghDAssociatesHemangiDr. S. Mittal 8 complaint Final.doc LIST OF WITNESSES 1.                       Mr. Ajay Vageria, the authorized representative of the Complainant. 2.                       Representative of the Complainant Banker, The National Cooperative Bank Ltd., Nariman Point, Mumbai. 3.                       Representative of the Accused Banker, The Industrial Development Bank of India, Nariman Point, Mumbai. 4.                       Dr. Shailendra Mittal, Director of the Complainant Company 5.                       Mr. Om Navani, Director Tulip Hotels Pvt. Ltd. 6.                       Any other witnesses/documents with the permission of this Honble Court. Advocate for the Complainant IN THE COURT OF LD. METROPOLITAN MAGISTRATES 23rd COURT AT ESPLANADE, MUMBAI CASE No. OF 2006 TRADE WINGS HOTELS LIMITED ) Having its Corporate Office at ) 18/20 Dubash Marg, Kalaghoda, ) Fort, Mumbai 400 023 ) Having its Registered Office at ) 6 Mascarenhas building, ) Mahatma Gandhi Road, ) Panaji, Goa 403 001 ) through Mr. Ajay Vageria ) its Authorised Representative ) COMPLAINANT V/s 1.ABK Enterprises Pvt. Ltd. ) Having its registered office at ) Chandramukhi Building (Basement), ) Nariman Point, Mumbai 400 0021. ) 2.Dr. Ajit B. Kerkar ) [Director and Authorized Signatory] ) of ABK Enterprises Pvt. Ltd. ) Chandramukhi Building (Basement), ) Nariman Point, Mumbai 400 0021. ) ACCUSED VAKALATNAMA I, Ajay Vageria, the authorized representative of the complainant abovenamed, do hereby appoint, nominate and authorize M/s. Haresh Jagtiani & Associates, Advocates to act, appear and plead on the Complainants behalf in the above matter. In witness whereof, I have signed this writing on this 8th day of December 2006. (Complainant) ACCEPTED Haresh Jagtiani & Associates, Advocates 205, Neelkanth 98, Marine Drive Mumbai 400 002. N.B. We are not the members of an advocates welfare fund. IN THE COURT OF LD. METROPOLITAN MAGISTRATES 23rd COURT AT ESPLANADE, MUMBAI CASE No. OF 2006 TRADE WINGS HOTELS LIMITED COMPLAINANT V/s 1. ABK Enterprises Pvt. Ltd. 2. DR. AJIT B. KERKAR ACCUSED I N D E X Download Word Document In English. (Rs.30/-)

Agreement for Appointment of a Broker for Selling a House This Agreement made at ......... on this ................. day of ......................, 2000, between A S/o. B resident of .................. hereinafter called "the owner" (which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include his heirs, legal representatives, executors and administrators) of the ONE PART and C S/o D resident of ........................... hereinafter called "the broker" (which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include his heirs, legal representatives, executors and administrators) of the OTHER PART. Where as the owner is the absolute owner of the property described in the Schedule hereunder written and he wants to sell the same and for that purpose he requires the services of a broker. and Whereas the broker, who is a reputed broker dealing in real estate in the area has shown his willingness to sell the said property. and Whereas the owner has agreed to appoint the broker for the sale of his property described in the Schedule hereto on the terms and conditions as hereinafter appearing. Now this Agreement Witnesses as Under: 1.     The owner authorises the broker to sell the property for a consideration of Rs.................. out of which the purchaser shall pay Rs ...................... in advance as earnest money and the balance of Rs ...................... shall be paid within a period of three months at the time of registration of the conveyance deed. 2.     The owner hereby represents and warrants that the details of the property as described in the Schedule hereunder written are true and the title of the owner to the said property is clear, marketable and free from encumbrances. 3.     The owner hereby undertakes that after the receipt of earnest money from the purchaser, he shall deliver the abstract of title showing that he is the owner of the property and the property is free from mortgage, lien, charge or any encumbrance. 4.     The owner hereby agrees that on receipt of entire consideration in respect of the property, he shall execute conveyance deed in favour of the purchaser. 5.     The broker hereby agrees that he shall be able to sell the property within a period of one month from the date of these presents. 6.     The owner shall pay to the broker the commission at the rate of 2% of the consideration, which shall be payable at the time of execution of the conveyance deed of the property. In the Witness Where of the parties have hereunto set their hands, the day, month and year first above written. Schedule of the above property Signed and delivered by A s/o B, the within named owner Signed and delivered by C s/o D, the within named broker WITNESSES; 1. 2.

Agreement between a Company and Sole Selling Agents This Agreement made on this ………………….. day of …………………. BETWEEN Bande & Bande Ltd. (hereinafter referred to as the company ) having its registered office and factory at Mokamganj, Warle, Bombay , of the one part and Jai Jai & Sons (P.) Ltd., carrying on business at Chandni Chowk, Delhi ( hereinafter called the sole selling agents ) of the other part. Whereas 1.     The company is engaged in the manufacture of cotton and textiles polyester fibre yarn suitings and shirtings. 2.     The sole-selling agents are the whole-sale traders in suitings and shirtings and other textile goods in north India with headquarter at Delhi. 3.     The company in its general meeting held on……………has decided to appoint Jai Jai & Sons (P.) Ltd. as the sole-selling agents for northern India for whole-sale business of the company’s manufactured suitings and shirtings and the Central Government has also approved the appointment of the said sole-selling agents vide letter NO……………………..dated……………… 4.     It is agreed between the parties that the company shall appoint Jai Jai & Sons (P.)Ltd. as the sole selling agents for the suitings and shirtings manufactured by the company and the said Jai Jai & Sons (P.) Ltd, have agreed to act as the sole-selling agents for the company. Now this Agreement Witnesses as Follows : 1.     That the company appoints Jai Jai & Sons (P.) Ltd, Delhi as the sole-selling agents for the North India including the States of J. & K., Haryana, Punjab, Bihar, Rajasthan, Uttar Pradesh, Union territory of Chandigarh and Delhi for the suitings and shirtings manufactured by the company and the said sole-selling agents will have the exclusive right and authority to sell whether in cash or on credit and procure the orders for sale of the said product of the company in any manner in the territories mentioned above. 2.     The appointment of sole-selling agents shall take effect from 1 st day of………….198……………..and shall operate for a period of five years from the said date without prejudice to the right of reappointment but subject to the approval by the Company in general meeting and also subject to the approval by the Central Government as required under section 294 of the Companies Act, 1956, and Rule 2 of the Companies (Appointment of Sole Agents) Rule, 1975. 3.     The sole-selling agents shall have the right to operate in the entire territories of North India as mentioned above either directly or through their branch offices, associates or sub-agents for giving effect to this agreement. 4.     The sole-selling agents in consideration their selling and procuring orders for the sale of the company’s products shall be paid a commission at a rate not exceeding 30% but determinable by the mutual agreement of the parties at the commencement of every year on sales effected by them at agreed intervals of time on the amount actually collected by them in accordance with the incentive rates on the amount collected, agreed to, and described in the Schedule hereinafter annexed. 5.     The sole-selling agents hereby covenant: i        That they will exclusively engage in the sale of the company’s products to the best of their efforts and shall not engage in the sale of similar or identical products of other manufactures. ii        That they will protect preserve and maintain patents and trade mark of the company’s products sold by them in all possible manner at their own cost and will never allow others to use the same unauthorisedly. iii        That they will keep and maintain the full and complete accounts of the sale of the company’s products, area-wise and region-wise and submit quarterly reports of sale, stock in hand, realisation of credit bills and any other information as may be desired by the company at any time or from time to time; iv        That they will not create any obligation involving payments either in cash or king on behalf of the company and shall not assign the interest, rights and obligations arising out of these presents to any third party; v        That they shall keep the company will informed of the demands of the company’s products arising in the territories of their operation from time to time. 6.     The company also hereby covenants as under : I.        That it shall provide the sole-selling agents complete catalogue, instruction books, circulars for promoting sales of its products and publish advertisements in local and regional newspapers for promoting sales of the company’s products. II.        That it shall execute orders placed by the sole-selling agents with all reasonable despatch III.        That it shall not entertain and execute direct orders from the territories assigned to the sole-selling agents and in case any orders are received by it the same shall be passed on to the sole-selling agents and they will be paid commission 20% on such orders. 7.     The parties hereto hereby agree as under : I.        That nothing contained herein shall prejudice the rights of the company to appoint another selling agents in any of the aforesaid States or to open its own retail shop in writing where it is found necessary to promote public distribution system or to execute any special programme of the Government of India. However, so the company shall obtain prior consent in writing of the sole-selling agents in that behalf. II.        That the retail price of the product shall always be determined by the company in consultation with the sole-selling agents. III.        That the agreement is renewable subject to mutual consent of the parties hereto on the expiry of five years. IV.        That the agreement may be terminated by either party on giving six months, notice in advance to the other party in writing but by registered post. V.        That any dispute arising between the parties hereto shall be referred to the sole arbitrator Shri……………….and the decision/award of such arbitrator shall be binding upon the parties hereto. VI.        That the Delhi courts will have the sole and exclusive jurisdiction of decide the issues in dispute between the parties hereto. in Witness Whereof, Etc. Schedule Referred to above. Download Word Document In English. (Rs.15/-)

Preliminary Agreement to Takeover Business AGREEMENT is made at... this... day of... between Mr. A carrying on business at.... hereinafter referred to as 'the Vendor' of the One Part and Mr. X, Mr. Y and Mr. Z all carrying on business at... hereinafter referred to as 'the Promoters' of the Other Part; WHEREAS - 1.     The Vendor is carrying on business as sole proprietor of manufacturing some products mentioned in the First Schedule hereunder written hereinafter referred to as 'the said products.' 2.     The Vendor is carrying on the manufacture of the said products at his factory premises at... and which premises consist of a plot of land with a factory shed and other incidental structures thereon and which are more particularly described in the Second Schedule hereunder written. 3.     A detail inventory of the machinery, tools, equipment and other articles and things in the said factory is given in the Third Schedule hereunder written. 4.     The Vendor has represented and hereby declares that the said factory premises, machinery etc. are mortgaged to the Bank of... to secure a term loan of Rs.... with interest at... per cent per annum but: except that there is no other encumbrance on the said property. 5.     The Vendor is handicapped with shortage of funds and knowing this the Promoters have approached the Vendor with a proposal that the Promoters will form and register a private company limited by shares under the Companies Act, 1956, and the Company will take over the said business of the Vendor together with all the assets belonging thereto on the following terms and conditions to which the Vendor has agreed. NOW IT IS AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS: 1.     The Promoters shall form and register a private company limited by shares under the Companies Act, 1956 and they will be the first subscribers to the Memorandum & Articles of Association of the Company. 2.     The name of the Company will be... being the name in which the Vendor is carrying on his said business, subject to the same being approved by the Registrar of Companies at... If the said name is not approved, such other name will be given to the Company as will be acceptable to the Vendor and approved by the Registrar of Companies. 3.     The authorised or nominal capital of the Company will be Rs.... divided into... equity shares of Rs. 100/- each. 4.     The draft of the Memorandum & Articles of Association of the said Company has been kept ready and approved by the parties hereto. The main object of the said Company will be to take over the said business of the Vendor as a going concern together with the assets mentioned in the Second and Third Schedule hereunder written but subject to the said mortgage created in favour of the said Bank of... and to carry on the business of manufacturing the said products. The incidental and other objects of the said Company will be as set out in the said draft Memorandum of Association. 5.     The said business of the Vendor together with the said assets and the goodwill thereof but subject to the said mortgage are valued at Rs.... Out of the said amount a sum of Rs.__ has been paid by the Promoters for and on behalf of and for the benefit of the said proposed company, to the Vendors, as earnest and out of the balance a sum of Rs.... will be paid to the Vendor in cash and the remaining amount of Rs.... will be paid and deemed to be paid by allotting equity shares of the face value of Rs.... each in the capital of the said Company. 6.     The Vendor will obtain the consent of the said Bank to the transfer of the said business with assets to the proposed company and to the company taking over the liability of the said mortgage on such terms as the Bank may stipulate. 7.     The costs of and incidental to the registration of the said Company will be initially spent by the Promoters and after registration of the Company, they will be reimbursed out of the funds of the Company. 8.     On the registration of the Company the Vendor shall transfer the said business together with the assets thereof described in the Second and Third Schedule hereunder written together with all stock-in trade, in consideration of the said sum of Rs.... to be paid to the Vendor partly in cash and partly by allotment of shares as aforesaid and he will execute all necessary documents of transfer as will be required under the legal advice of the lawyers to be appointed by the Promoters. The capital gains tax if any payable on the transfer of such assets will be paid by the Vendor and the Vendor will indemnify and keep indemnified the Promoters as well as the said Company against any such liability. 9.     All the expenses of and incidental to such documents of transfer including stamp duty and registration charges will be borne by the said Company. 10.  The Promoters and the Vendor will be the first directors of the said company and one of the promoters will be the Chairman of the Board of Directors. 11.  The Vendor will be in charge of the business of the Company and will make available to the Company all the know-how and technical expertise. The Vendor will be paid remuneration as may be decided by the Board but it will not be less than Rs.... per month. 12.  On the registration of the Company the Directors shall allot the said shares of the face value of Rs.... to the Vendor as aforesaid and shall also allot shares of the face value of Rs.... to each of the said Promoters and which will be payable in cash. 13.  On registration of the Company the Board of Directors constituted as aforesaid will adopt this agreement so as to be binding on the Company and the Company as well as the Promoters and the Vendor will also execute such document or documents in favour of the said Bank as may be necessary for taking over the said mortgage liability by the said Company. 14.  If the Bank for any reason refuses to give its consent to the transfer of the said business and the assets to the company, this agreement will be treated as cancelled. Such consent will be obtained by the Vendor before the registration of the Company. 15.  The Vendor agrees and undertakes that so long as he will be the share holder and director of the Company he will not start any similar business alone or in collaboration with any other person or make the know-how and technical expertise available to any other person. 16.  The Promoters and the Vendor as directors of the Company or any of them will not be liable to retire by rotation. Subject to this, they will be bound by the Articles of Association and the provisions of the Companies Act. 17.  Except as aforesaid, all liabilities outstanding on the date of transfer, in respect of the said business, if any, and the liabilities by way of income tax, sales tax and other taxes of the Vendor will be borne and paid by the Vendor and he shall hold the Promoters and the Company indemnified against the same. ∙         THE FIRST SCHEDULE ABOVE REFERRED TO: ∙         x x x x ∙         THE SECOND SCHEDULE ABOVE REFERRED TO: ∙         x x x x ∙         THE THIRD SCHEDULE ABOVE REFERRED TO: ∙         x x x x IN WITNESS WHEREOF the parties have put their hands the day and year first hereinabove written. Download Word Document In English. (Rs.15/-)