IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

IN IT COMMERCIAL DIVISION

ARBITRATION PETITION (L) NO.30394 OF 2023

Innovative Realest Pvt. Ltd. ... Petitioner Vs.

Pratik Ramprasad Bhadra & Ors. ... Respondents

Coram: Mr. Manish Pitale J. Date: 21 December 2023

CONSENT MINUTES OF ORDER

• $1.$ The Petitioner and Respondent No. 2 and Respondent No. 3 are cumulatively referred to as "Parties".

• $\overline{2}$ . The Petitioner shall execute separate Permanent Alternate Respondent No.2 Accommodation Agreements with and Respondent No.3 qua their respective entitlements as per drafts attached hereto as Annexures "1" and "2" ("the PAAAs") forthwith. The terms of the PAAAs form part of this Order. The Petitioner undertakes to cause the PAAAs to be stamped and Parties undertake to get their respective PAAA registered within a period of 3 weeks from today.

• $3.$ The Petitioner undertakes to this Hon'ble Court to comply with the terms of the PAAAs. The undertaking is accepted as an undertaking to the Court.

• Arbitration Petition is disposed of in the aforesaid terms. 4.

• 5. No order as to costs.

Innovative Realest Pvt. Ltd.

(Petitioner)

Taddhav

Tusshar Kishor Jaddhav (Respondent No.2)

For M/stNankani & Associates

(Advocates for Respondent No.2)

SSB Legal & Advisory

(Advocates for the Petitioner)

Gauri Kishor Jadhav (Respondent No.3)

Sapna Rachure (Advocate for Respondent No.3)

PERMANENT ALTERNATE ACCOMMODATION AGREEMENT

THIS PERMANENT ALTERNATE ACCOMMODATION AGREEMENT

made at Mumbai on this day of December, 2023:

BETWEEN

INNOVATIVE REALEST PRIVATE LIMITED, PAN:AABCI2384K, a company incorporated under the provisions of the Companies Act, 2013, having its registered office at A-50, 4th Floor, Royal Industrial Estate, Naigaon Cross Road, Dadar (East), Mumbai – 400031, hereinafter referred to as "the Developer" (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 FIRST PART;

AND

$\log \frac{1}{\lambda}$

(1) Gauri Kishor Jadhay PAN: ADLPJ9853N, aged 62 years adult, Indian Inhabitant, Flat No. 4, Plot no. 772, forming part to of 2^nd floor, Shri Ram Bhuvan, Road No.4, Near B.E.S.T. Office, Parsi Colony, Dadar (East), Mumbai - 400 014, Plot of land bearing CS No. 533/10 of Matunga Division hereinafter referred to as the "the Owner-Occupant" (which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include their respective heirs, executors, administrators, successors and assigns) of the SECOND PART.

The Developer and the Owner-Occupant are hereinafter

individually referred to as "the said Party" and collectively referred to as "the said Parties".

WHEREAS:

• A. The original owner-occupant in respect of flat No.4, Shri Ram Bhuvan for which the present permanent alternate accommodation agreement is being executed was Kishor Purshottam Jadhav (since deceased). After the demise of Kishor Purshottam Jadhav hereinafter referred to as the "Deceased" on 1st April 2015. The Deceased was survived by his wife (party of the Second Part), son (Tusshar Jadhav) and mother Nalini P. Jadhav. The party of the Second Part was in joint occupation of the said flat.
• B. Mr. Pratik Ramprasad Bhadra (hereinafter referred to as "the OWNER") is entitled to the leasehold rights in respect of all that piece or parcel of land admeasuring 785 Sq. yards equivalent to 656.36 Sq. mtrs or thereabouts situate lying and being at Plot No. 772 of Dadar-Matunga Estate of the Municipal Corporation of Greater Mumbai in the City Island and Registration Sub-District and District of Mumbai City and registered in the books of the Collector of Land Revenue under Cadastral Survey No.533/10 of Matunga Division hereinafter referred as the "said Land" together with Building standing thereon known as "Shri Ram Bhuvan" comprising of Ground plus Three upper floors with a room on the terrace and one staircase room lying and being at Plot No. 772, Parsi Colony, Corner of Road No.

$\overline{3}$

4, Dadar (East), Mumbai - 400014, hereinafter referred as the "said Building". The said Land and the said Building is more particularly described in the First Schedule hereinafter written and delineated by red colour boundary line on the plan being ANNEXURE "A" hereto and shall hereinafter collectively be referred to as the "said Property".

• $C_{\cdot}$ As the said Building has become old and dilapidated, the Owner and the Owner-Occupant are desirous of redevelopment of the said Property by utilizing therein the F.S.I. available in respect of the said Property in accordance with the Development Control Promotion Regulations for Greater Mumbai, 2034 vide & Regulation No. 33(7), the incentive and fungible compensatory F.S.I. and Appendix III of the said DCPR Regulations with the permission of Maharashtra Housing and Area Development Authority (MHADA) and the Municipal Corporation of Greater Mumbai (MCGM) or F.S.I available under any other regulation at any point of time during the construction period of the said Property. All occupants of the said Building have already vacated the said Building in 2022 and beginning of 2023, and the structural stability of the said Building is in a state of despair.
• D. By a Development Agreement dated 01-08-2022 the said Owner has granted absolute and irrevocable Development Rights in respect of the said Property unto the Developer on the terms and conditions stated therein. The said Development Agreement is duly

registered with the Sub-Registrar of Assurances at Serial No. BBE3 /13920/2022.

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• E. Pursuant to the aforesaid Development Agreement the Developer is fully entitled to re-develop the said Property and construct building/s thereon in accordance with the plans to be sanctioned by the Municipal Corporation of Greater Mumbai ("MCGM").

• F. The Owner-Occupant was in ioint possession/ occupation of Flat No.4 admeasuring about 683.51 sq. ft. carpet area on the 2^ndFloor of Building (hereinafter referred to the "Existing Premises").

• G. The Owner-Occupant has represented to the Developer that the said flat belonged to deceased husband Kishor Purshottam Jadhav, and the Deceased expired intestate at Mumbai on 1st April 2015. Further, amongst the joint owners a Suit No. 1465 of 2019 has been filed by Tusshar Jadhav against other joint owners in the Hon'ble Bombay High Court inter alia seeking declaration for entitlement of his share in the entire estate of the Deceased is pending adjudication. The Owner-Occupant has informed the Developer that the said Nalini Jadhav passed away on 30th September 2023. The remaining joint owners are claiming 1/3rd (Gauri Jadhav) and 2/3rd (Tusshar Jadhav) ownership each in the said flat as duly recorded in Consent Terms even date filed by the joint owners in Suit No. 1465 of 2019.

• Η. The Developer agrees and acknowledges that the party of the Second Part is a joint Owner-Occupant of the said flat and the Developer does not dispute joint ownership or rights and entitlement of the Owner-Occupant in the said flat. All benefits arising out of the work of redevelopment shall be made available to the Owner-Occupant in the proportion in which it is mutually agreed amongst them as recorded herein below.

• $\mathbf{I}$ . The parties agree and acknowledge that the pendency of the Suit No. 1465 of 2019 in the Hon'ble Bombay High Court pending between the joint owners will not have any impact on the present understanding as recorded herein, and joint owners have filed Consent Terms of even date in the said Suit No. 1465 of 2019 with reaard to the said flat.

• J. The Developer proposes to redevelop the said Property under Regulation 33(7) of the Development Control Regulations for Greater Mumbai, 1991 as amended from time to time and other applicable laws, rules, Government Circulars/ Regulations, etc. as the case may be, by using and utilizing maximum permissible F.S.I./TDR at its costs, risks, expenses and responsibility by demolishing the existing building/s and constructing a new building on the said Property as per the plans approved by MCGM.

• К. Accordingly, the Developer have submitted the Plan to obtain IOD and accordingly M.C.G.M. has sanctioned plans of the said New Building and issued

IOD bearing docket No.P-16110/2023/(533/10/ Matunga/337/1/New vide Zone City, and in. furtherance of the said issuance of IOD, the Developer has complied with the said conditions of IOD and has obtained the requisite permission thereon.

• L. The Developer has explained complete scheme of redevelopment of the said Property to each of existing Tenants/Owners/Owner- Occupant/landlord, including the Tenants/Owners/Owner-Occupant/landlord herein and after considering the same, the Tenants/Owners/Owner-Occupant/landlord along with all the other existing Tenants/Owners/Owner-Occupant/landlord has given their respective Irrevocable Consents to the proposed scheme of redevelopment of the said Property through the Developer, subject to all the Tenants/Owners/Owner-Occupant $s/$ Occupant/landlord, including the Tenants/Owners/Owner-Occupant/landlord being rehoused in the New Building proposed to be constructed on the said Property by the Developer.
• M. In lieu of the Owner-Occupant providing their irrevocable consent for redevelopment of the said Property by demolishing the building thereon including the Existing Premises, the Developer has agreed to provide free of cost to the Owner-Occupant a Permanent Alternate Accommodation. being Flat No. 1203 admeasuring 500 sq. ft. carpet area on the 12^th floor of the New Building with 1 (one)

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Podium Car Parking (A7 on 3rd Floor) at free of cost, to be constructed on the said Property as per the sanctioned plan of the MCGM. The area offered by the Developer to the Owner-Occupant is greater than the area offered by the Developer to mere tenant/occupants (35% increase). The Developer is offering 500 sq. ft carpet area on the 12^th floor of the New Building with one podium car parking (A7 on 3rd) Floor) free of cost.

N. The Developer is now required to execute a written agreement being in fact this Agreement.

NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: -

• 1. The recitals contained above form an integral part of this Agreement as if the same were set out and incorporated in the operative part.
• $2.$ The Developer hereby agrees to provide the Owner-Occupant on an ownership basis and free of cost and the Owner-Occupanthereby agree to accept in lieu of her joint ownership (1/3rd) in the said Existing Premises, a Permanent Alternate Accommodation being Flat No. 1203 admeasuring 500 sq. ft. carpet area on the 12^th floor of the New Building, with 1 (one) Podium Car Parking (A7 on 3^rd Floor)at free of cost, to be constructed on the said Property as per the Sanctioned Plans. The said flat to be allotted to the Owner-Occupant are hereinafter for brevity's sake referred to as "the said Permanent Alternate Accommodation" and is more particularly described in

Second Schedule hereunder written and shown with Red color boundary lines on the plan annexed hereto as "Annexure B". being Flat No. 1203 admeasuring 500 sq. ft. carpet area on the 12^th floor of the New Building as per sanctioned BMC plan is derived upon vide the Existing Premises of the Owner-Occupant. It is to the knowledge of the Owner-Occupant that the Developer is required to allot separate flat in lieu of other joint owner's 1/3rd(Gauri Jadhav) and 2/3rd(Tusshar Jadhav) share, and for the respective allotments to the respective joint owners, the Owner-Occupant hereby grants full discharge and agrees not to make any further claims on any count whatsoever save and except claims arising out of Owner-Occupants entitlement for the said Permanent Alternate Accommodation.

3. It is agreed by the Developer that in addition to the said Permanent Alternate Accommodation to be provided by the Developer to the Owner-Occupant. the Developer has agreed to provide to the Owner-Occupant the following:

$\alpha$ . Monthly Rental for Temporary Accommodation:

As the Owner-Occupants is required to shift to a temporary accommodation the during redevelopment period, the Developer shall provide to the Owner-Occupants, monthly rental for arranging temporary accommodation. Such monthly rent shall be payable by the Developer from the date the Owner-Occupants hands over vacant and peaceful possession of the Existing

It is further agreed between the parties that once the Owner- Occupant has handed over vacant possession of the said flat and subsequently after the Developer obtains an occupation certificate, the Developer shall pay a corpus amount of Rs. 5,00,000/-(Rupees Five Lakh only) to the Owner-Occupant within 15 days from receipt of such occupation certificate.

• The list of amenities in the said Permanent Alternate $\overline{4}$ . Accommodation which will be provided by the Developer to the Owner-Occupant herein is annexed and marked "Annexure C" hereto.
• 5. It is agreed by the Owner-Occupant within 2 working days of signing this document, she shall hand over vacant and peaceful possession of the said Existing Premises to enable the Developer to demolish the existing building on the Property and commence the construction of the New Building. The date for handing over possession is agreed between the Parties by considering present non-occupation of the said Building by all occupants.
• It is hereby agreed that the Developer shall offer to the 6. Owner-Occupant, the said Permanent Alternate Accommodation duly constructed as per Plan complete in all respect within 36 months (excluding additional Six month's grace period) from the date of issue of Plinth Commencement Certificate. The above said period shall however, exclude such period during which the Developer was prevented from carrying out

construction of the New Building, additional sewerage charges levied during the construction period.

• 8. The Owner-Occupant is aware of and has expressly consented for the Commercial premises to be constructed on south facing side on the Ground Floor and First Floor with car parking in the basement exclusively for the Owner-Occupants of the said Ground floor and First Floor commercial premises and exclusive staircase between the Basement, ground floor and First Floor of the said Commercial Premises and the same will also have a separate Lift and a separate entrance, internal staircase exclusively for the usage of the commercial premises situated on the ground and first floors only.
• 9. It is specifically agreed that the all the Property Taxes, dues, levies and assessments due and payable in respect of the said Land or any part thereof during the construction period and the grace period thereafter, if any, upto completion of the said Redevelopment in all respects and obtaining Occupation Certificate from MCGM, shall be borne and paid by the Developer alone.
• $10.$ The Developer undertakes to repair at their costs and expenses all defects in respect of the entire building to be developed by the Developer for a period of 5 (Five) years from the date of OC including leakages and seepages and also for removing other defects or shortfall in the New Building constructed by the Developer for a period of 5 (Five) years from the date

of OC. It is however clarified that the Developer shall not be made liable towards any defect caused to the new building or any flat therein, due to structural changes, renovations, interior works carried out by any of the occupant or flat owners in the new building.

• $11.$ It is specifically agreed that the Developers shall take all precautions and safety measures in accordance with the various provisions of law, rules and regulations governing the development and construction work including, but not limited to, all firefighting and other installations and provisions for firefighting equipment and arrangements.
• $12.$ lt. is specifically agreed that upon obtaining Occupation Certificate issued by MCGM. the Developers will hand over to the new Society registered the contracts entered into with the suppliers of lifts, its maintenance and repair contract as also all the original sanctioned Plan, IOD, CC, full & final Occupation Certificate issued by MCGM together with the Occupation Plan, and other Plans for RCC structure, concealed plumbing and electrical wiring, etc., together with any Guarantees/Warranties for the same and also, to provide soft copies in AutoCAD of all the technical drawings. The Owner-Occupants has no objection for the Commercial premises to be constructed on south facing side on the Ground Floor and First Floor with Car parking in the basement exclusively for the Owner-Occupants of the said Ground floor and First Floor commercial premises and exclusive staircase between the Basement ,ground

It is agreed that the rights of the Owner-Occupant shall $15.$ be restricted only to the said Permanent Alternate Accommodation to be allotted and reserved and shall have no right, title and interest whatsoever in respect of other part of the New Building or any other part of the Property apart from the Permanent Alternate Accommodation.

• 16. It is further agreed that once the Owner-Occupants shifts to the Permanent Alternate Accommodation and takes possession/deemed possession of the Permanent Alternate Accommodation in New Building then, the Owner-Occupants shall be liable to pay to the Developer outgoings and / or maintenance and other charges in respect of their Permanent Alternate Accommodation till formation of the society. It is agreed and clarified that the Developer shall be obliged contractually to bear the proportionate outgoings and / or maintenance and other charges in respect of the unsold Flats.
• $17.$ The Owner-Occupants shall in consideration of being provided with the Permanent Alternate Accommodation on. Ownership basis and simultaneously on being put in possession/deemed possession of the said Permanent Alternate Accommodation, shall be deemed to have surrendered the rights of the said Existing Premises to the Developer and the said rights shall stand merged into Ownership of the permanent alternate accommodation and after that the Owner-Occupant shall have no claim against the Developer in respect of

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the said right of the said Existing Premises except the entitlement to the new Ownership Flat as specified above .It is clarified that the rights of the Owner-Occupant shall remain in existence till receipt of the new Ownership premises, but the Owner-Occupant shall not be required to pay rent and or any other statutory levies after vacating the existing premises.

• $18.$ It is agreed by and between the parties hereto that Permanent Alternate Accommodation shall be used by the Owner-Occupant as per MHADA Certification only.
• 19. It is also agreed between the Parties that if any amendment to be done in the said Sanctioned Plans as per the M.C.G.M requirement or any other concerned authorities or otherwise, the Developer shall be entitled to do the same without affecting the location and area of the said Permanent Alternate Accommodation as herein provided in any manner whatsoever.
• 20. The Developer shall within 3 to 6 months after obtaining Occupation Certificate for the New Building, form and register a co-operative housing society under the Maharashtra Co-operative Societies Act, 1960. The Owner-Occupant hereby agrees to become a member of such Society or Association and to comply with the formalities in respect thereof. The Owner-Occupant if required shall be available for any registration wherever and whenever required. The Developer shall within 6 (Six) months from the date of

formation of the Co-operative Society and in any event, within 12 (twelve) months from the date of receipt of OC execute a Deed of Assignment in respect of the said Property and the New Building constructed thereon in favour of such Co-operative Society.

• $21.$ The Developer shall have full/absolute right over the balance FSI of the said Property until the execution of the final deed of conveyance/assignment in favour of the society to be formed by the Developer and that the Developer shall be entitled to make any changes, additions, alterations, raise storeys or put up an additional structures concerned in that behalf and also be entitled to sell, mortgage (only salable component premises), charge or in any other manner deal with or dispose of the same to any person for such consideration and upon such terms and conditions as the Developer may think fit and proper in that behalf without any reference to the Owner-Occupant herein but at no costs such action by the Developer shall adversely affect the Owner-Occupant's Permanent Alternate Accommodation or its access and the Owner-Occupants shall not take any objection on any ground whatsoever and the Developer shall have the right to sell such premises constructed thereon and appropriate the sale proceeds on its own.
• 22. The Owner-Occupant hereby agrees / undertakes to co-operate with the Developer and to keep the Developer fully and effectively indemnified and shall always protect them / against any loss, damage, suit,

action or proceeding including any costs and expenses thereof due to any breach by the Owner-Occupants of any terms and conditions herein and/or any of the terms, conditions, stipulations and convents imposed by the authorities while granting their permissions, sanctions, approvals, NOC, for development of the said property.

• 23. The Owner-Occupant for herself and all persons into whosoever hands the said Permanent Alternate Accommodation may come after possession thereof is handed over to the Owner-Occupant, do hereby covenant with the Developer as follows:
  • $\alpha$ Existing the. Premises is free from all encumbrances, mortgages and the joint owners (1/3rd and 2/3rd share each) have share, right, title and interest in the said Existing Premises Joint ownership (1/3rd and 2/3rd share each) of joint owners is the most essential condition on which the present agreement is executed by the parties:
  • $b)$ to maintain the said Permanent Alternate Accommodation at own cost in. aood Tenantable repair condition from the date of possession/deemed possession of the said Permanent Alternate Accommodation. The Owner-Occupant shall not do or suffered to be done anything in or to the New Building in which the Permanent Alternate Accommodation is situated, which may be against the rules, regulations or Bye-laws of

MCGM, and/or concerned local or any other authority or change/ alter to make addition in or to the New Building and in the Permanent Alternate Accommodation itself by pulling down any walls or otherwise whatsoever or any part thereof:

• $\mathbf{C}$ not to store in the said Permanent Alternate Accommodation any goods which are of hazardous, combustible or dangerous nature or so heavy so as to damage the structure and/or construction of the New Building or store any goods which are objected to by MCGM or the concerned local authority and shall not carry or cause to be carried heavy packages on upper floors, which may damage the structure and/ or construction of the New Building and in case any damage is caused to the New Building or the said Permanent Alternate Accommodation itself on account of negligence or default of the Owner-Occupant in this behalf, the Owner-Occupant shall be liable for the costs and consequences of the breach and the damages;
• d) to carry at their own cost, all internal repairs except the conditions as mentioned in aforesaid clause regarding warranty/guarantee of the said Permanent Alternate Accommodation and maintain the said Permanent Alternate Accommodation in the same condition, state and order in which it was delivered by the Developer to the Owner-Occupant. The Owner-

Permanent Alternate Accommodation without the prior written permission of the Developer and/ or the Society;

• $f$ not to throw dirt, rubbish, rags, garbage or other refuse or permit the same to be thrown from the said Permanent Alternate Accommodation in the compound or any portion of the said Property;

• to bear and pay increase in Municipal Property g) Assessment and other local taxes, water charges, electricity charges and such other levies and deposits, if any, which are imposed by M.C.G.M. and /or the concerned local authority and/or Government and/or other public authority on account of change of user of the Permanent Alternate Accommodation by the Owner-Occupant. It is clarified that the Owner-Occupant shall be liable to pay all such Municipal Property Assessment and such other local taxes, water charges, electricity charges, society formation charges, society corpus charges and society membership charges and such other levies payable from the date of taking over the possession/deemed possession of the Permanent Alternate Accommodation: The Developer shall apply to the BMC for issuance of Municipal/property Tax bills in the names individual Flat Owner-Occupant.

• $h)$ the Owner-Occupant shall observe and perform all the rules and regulations which Co-operative Society may adopt at its inception and the addition, alterations or amendments thereof that may be made from time to time;

• i) It is also agreed that after the Owner-Occupant isput in possession of the Permanent Alternate Accommodation, the Owner-Occupant shall be liable to pay all the future taxes, levies, impositions, outgoings, cess, maintenance charges, in respect of the said Permanent Alternate Accommodation in proportionate to the area in their possession.

• 24. Nothing contained in this Agreement is intended to be nor shall be construed as a grant, demise or assignment in law of the said Property and the New Building. The Owner-Occupant shall have no claim save and except in respect of the said Permanent Alternate Accommodation hereby agreed to be provided to the Owner-Occupant. All open spaces, lobbies, passages, staircase, terraces, recreation space, etc. will remain the Property of the Developer until the said land and the New Building is transferred to the Society as hereinabove mentioned and thereafter the same shall belong to the Society to be formed by the Developer. The atop terrace shall always remain the property of the society and no individual rights shall be created in favour of any flat purchasers.

• In case of any further legal dispute or differences 25. arising between the Owner-Occupant& their family members in respect of the said Existing Premises or the Permanent Alternate Accommodation hereby provided to the Owner-Occupant at any time hereafter in future in any manner whatsoever, the same shall be settled by the Owner-Occupant alone entirely at their own costs, expenses and risk and shall indemnify and keep indemnified the Developer there from.

• 26. It is already agreed between the Parties hereto that the stamp duty and registration charges in respect of proposed area to be allotted under this Agreement shall be paid by the Developer alone. Both the Parties hereto shall pay their respective Advocate and Solicitors fees and any applicable taxes pertaining to this Agreement.
• 27. It is agreed between the two parties that any liability arising out of this agreement/premises, such liability viz; GST / Capital Gain Tax / Income Tax shall be met exclusively by the Owner-Occupant of the premises and the developer shall have nothing to do with the same.
• 28. All the Property Taxes, dues, levies and assessments due and payable in respect of the said property or any part thereof during the construction period and the grace period thereafter, if any, up to completion of the

said redevelopment in all respects and obtaining the Occupation Certificate from MCGM, shall be borne and paid by the Developer alone.

• 29. This Agreement shall override all earlier agreements and writings between the Owner-Occupant and Developer and shall always be subject to the provisions of the Maharashtra Ownership Flat Act (Regulation of the Promotion of Construction sale, Management and Transfer) Act, 1963 and the rules made there under (as amended up to date).
• 30. In the event of any dispute or difference arising between the parties hereto concerning or relating to the interpretation of these presents $\alpha$ ^r the interpretation or effect of any provisions thereof or relating to the liability or obligation on the part of any of the parties hereto, the same shall be referred to Arbitration of a sole arbitrator mutually appointed by the parties, failing which any party shall be entitled to get an Arbitrator appointed by the High Court, Mumbai by making necessary applications. The arbitration shall be in accordance with and subject to the provisions of the Arbitration & Conciliation Act. 1996 $or$ any statutory modifications or reenhancements thereof for the time being in force. The Venue of arbitration shall be Mumbai. The arbitration proceedings shall be conducted in English. The costs or fees and charges payable to the arbitrator shall be paid by each party hereto in equal share.

• $31.$ Time period for completion of development work:

• Subject to the events of force majeure and other $\alpha$ terms as mentioned hereafter, the Developer shall complete the construction within 36 Months (Thirty-Six months) from the date of obtaining Commencement Certificate which 36 (Thirty-Six) months shall be subject to grace period of further 6 (Six) months.

• $b)$ The Developer shall however, be entitled to reasonable extension of time for completing the development work, if it is delayed on account of:

  • $(i)$ Non-availability of building material, water or electric supply affecting all Developer in Mumbai,
  • $(ii)$ War, Hostilities, acts of public, enemy or belligerence, Sabotages, Blockade, Revolution, Civil commotion. riots. pandemics disorders $\overline{or}$ or Acts of. God/state:
  • $(iii)$ Any notice, order, rule, notification of the Govt. and/or other public or competent authority preventing the Developer from proceeding with the construction;
  • $(iv)$ Any stay from the Court or authority pursuant to legal proceedings initiated by the Owner-Occupants of the said Building and/or any other person claiming through or under them involving the development work on the said Property:

• $(v)$ Applicability of Section 95A of the MHADA Act, 1976 for forceful eviction of the Owner-Occupants;

• Any situation which is out of control of the $(vi)$ Developer and due to which the construction activities is hampered and/or stopped and/or held up.

• $\overline{\text{(vii)}}$ In the event of grant of any permissions, sanctions, approvals, certificates etc. is delayed on account of any changes in development related policies, rules, regulations, laws or any court order and/or the construction work is delayed due to events of force majeure as stated above, the time for completion of development work shall ipso facto stand extended to the extent of the time during which such reason/s persist and the Developer shall provide revised timelines.

THE FIRST SCHEDULE ABOVE REFERRED TO:

DESCRIPTION OF THE SAID PROPERTY

ALL THAT piece or parcel of land admeasuring 785 Sq. Yards equivalent to 656.36 Sq. Mtrs or thereabouts bearing Plot No. 772 of Dadar-Matunga Estate of the Municipal Corporation of Greater Mumbai in the City Island and Registration Sub-District and District of Mumbai City and registered in the books of the Collector of Land Revenue under Cadastral Survey No. 533/10 of Matunga Division and Assessed by the Assessor & Collector of Municipal Rates and Taxes under F Ward Nos. 6490(1) and 6490(2) and Street No. 57 and 57A,

together with Building standing thereon known as "Shri Ram Bhuvan" comprising of Ground plus Three floors upper floors with a room on the terrace and one staircase room and two structures of ground floor situate, lying and being at Plot No. 772, Parsi Colony, Corner Road No. 4, Dadar (East), Mumbai-400014 and bounded as follows:

On or towards the North-East	By Plot No. 771 and 771A
On or towards the South-East	By 40 feet wide Road No. 4
On or towards the North West	By 60 feet wide Tilak Road and:
On or towards the South West	$\therefore$ By Plot No. 773

THE SECOND SCHEDULEOF THE FLATS ABOVE REFERRED TO:

Flat No.1203 admeasuring 500 Sq. ft. Carpet area, on the 12th Floor along with one podium car parking (A7 on 3rd Floor) the building known as "Shri Ram Bhuvan" situated at Plot No. 772, Parsi Colony, Corner Road No. 4, Dadar (East), Mumbai -400014.

IN WITNESS WHEREOF, THE PARTIES HERETO HAVE HEREUNTO SET AND SUBSCRIBED THEIR RESPECTIVE HANDS AND SEALS TO THIS WRITING THE DAY AND THE YEAR FIRST HEREINABOVE WRITTEN.

$2.$

SIGNED AND DELIVERED by the first named "OWNER-OCCUPANT" MRS. Gauri Kishor Jadhav,

Innovative Realest Put Ltd

A/50, 4th Floor, Royal Industrial Estate, Naigaon Cross Road, Dadar East, Mumbai - 400031

INDIVIDUAL FLATS AMENITIES

• 1. Flooring will be 2x2 or larger vitrified tiles from brands like KAJARIA, JOHNSON, NITCO, ASIAN, SIMPOLO, etc or similar brands will also be used for kitchen and also for bathroom. Tiles applied as Dado in kitchen will be upto a height of 6 feet in kitchen on the platform section and 7 feet in bathrooms.
• 2. Broadband connectivity will be provided to all the flats with JIO, TATASKY, AIRTEL, etc or any service provider.
• 3. Electrical fittings will be from Anchor, Great wall or any premium brand including HAVELLS, GM, CROMPTON, ROMA, etc.
• 4. MGL gas line will be provided if available.
• 5. Walls will be POP finished & painted.
• 6. Black granite kitchen platform on one side will be done for all flats.
• 7. All rooms to have concealed electric points for light, fans & Air conditioners.
• 8. Bathroom fittings shall be of reputed brands like Parry, Hindware, Jaguar, Hansgrohe, Kohler, etc. and western style we shall provide.

<u>ANNEXURE</u> "C

Innovative Realest Put Ltd.

A/50, 4th Floor, Royal Industrial Estate, Naigaon Cross Road, Dadar East, Mumbai - 400031

SCHEDULE OF COMMON EQUIPMENTS AND FITOUTS

• 1. Reputed & global brands like GRUNDFOS, SIEMENS, and KIRLOSKAR etc. pumps will be procured.
• 2. Top Brand lifts like MITSUBISHI, KONE, OTIS. THYSSENKRUPP, EROS, OMEGA, etc. will be suppliers of Passenger lifts.
• 3. Electric cable & wires will be sourced from POLYCAB, ANCHOR, RR KABEL, etc.
• 4. Best class pipe fitting from FINOLEX, SUPREME, PRINCE, ASTRAL, etc will be used.
• 5. Common area CCTV, Adequate Toilets and Bathroom for the staff of all the flat owners & security, will be provided.
• 6. The Lobby will have the Name plate of all Flat Owners.
• 7. Reputed brand All weather External Paint will be used which will give a long life to the New Residential Tower.
• 8. Terrace with nice seat-outs will be planned on the top floor.
• 9. A Gymnasium will be designed for the usage of all residents.
• 10. Terrace Waterproofing.
• 11. Superior quality aluminum sliding windows and grills.
• 12. Superior quality wood used in main and internal doors.
• 13. Maximum space for all age groups of society members will be designed and executed.
• 14. Society office to be made with interiors and AC.

PERMANENT ALTERNATE ACCOMMODATION AGREEMENT

THIS PERMANENT ALTERNATE ACCOMMODATION AGREEMENT made at Mumbai on this day of December, 2023;

BETWEEN

INNOVATIVE REALEST PRIVATE LIMITED, PAN: AABCI2384K, a company incorporated under the provisions of the Companies Act, 2013, having its registered office at A-50, 4th Floor, Royal Industrial Estate, Naigaon Cross Road, Dadar (East), Mumbai -400 031, hereinafter referred to as "the Developer" (which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include its successors) of the ONE PART;

AND

TUSSHAR KISHOR JADDHAV PAN: AFEPJ2430C, aged 39 years adult, Indian Inhabitant, Flat No. 4, Plot no. 772, forming part of 2^nd floor, Shri Ram Bhuvan, Road No.4, Near B.E.S.T. Office, Parsi Colony, Dadar (East), Mumbai - 400 014, Plot of land bearing CS No. 533/10 of Matunga Division hereinafter referred to as the "the Owner-Occupant" (which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include his heirs, executors, administrators, successors and assigns) of the OTHER PART.

The Developer and the Owner-Occupant are hereinafter individually referred to as "the said Party" and collectively referred to as "the said Parties".

WHEREAS:

$\mathbf{1}$

3

undivided right title and interest in the said property (hereinafter referred to the "Existing Premises") unto and in favour of the said Kishor Jadhav on the terms and condition and for the consideration setout therein:

• C. The said Kishor Purshottam Jadhav hereinafter referred to as the "Deceased" expired on 1st April 2015, leaving behind his wife Gauri Jadhav, son (Tusshar Jaddhav party of the Other Part) and mother Nalini P. Jadhav. The party of the Other Part was in joint occupation of the Existing Premises. For the last many years, the Existing Premises has been vacant.

• D. As the said Building has become old and dilapidated, the the Owner-Occupant are desirous of Owner and redevelopment of the said Property by utilizing therein the F.S.I. available in respect of the said Property in accordance with the Development Control Promotion & Regulations for Greater Mumbai, 2034 vide Regulation No. 33(7), the incentive and fungible compensatory F.S.I. and Appendix III of the said DCPR Regulations with the permission of . Maharashtra Housing and Area Development Authority (MHADA) and the Municipal Corporation of Greater Mumbai (MCGM) or F.S.I available under any other regulation at any point of time during the construction period of the said Property. All occupants of the said Building have already vacated the said Building in 2022 and beginning of 2023, and the structural stability of the said Building is in a state of despair;

• By a Development Agreement dated 01-08-2022 the said E. Owner has granted absolute and irrevocable Development Rights in respect of the said Property unto the Developer on the terms and conditions stated therein. The said Development Agreement is duly registered with the Sub-Registrar of Assurances at Serial No. BBE3 /13920/2022;

• $F_{\star}$ . Pursuant to the aforesaid Development Agreement the Developer is fully entitled to re-develop the said Property and construct building/s thereon in accordance with the plans to be sanctioned by the Municipal Corporation of Greater Mumbai ("MCGM").

• G. The Owner-Occupant in. ioint possession/ was occupation of the Existing Premises;.

• The Owner-Occupant has represented to the Developer Η. that the Existing Premises belonged to deceased father Kishor Purshottam Jadhav, and the Deceased expired intestate at Mumbai on 1st April 2015. Further, amongst the heirs of the Deceased a Suit No.1465 of 2019 has been filed by Tusshar Jaddhav against other legal heirs of the Deceased in the Hon'ble Bombay High Court inter alia seeking declaration for entitlement of his share in the entire estate of the Deceased which is pending adiudication. The Owner-Occupant has informed the Developer that the said Nalini P. Jadhav expired on 30th September 2023. The joint owners are claiming 1/3rd (Gauri Jadhav) and 2/3rd (Tusshar Jaddhav) ownership each in the Existing Premises without any dispute and

contrary claims by any third person as duly recorded in Consent terms of even date filed by the joint owners in the Suit No.1465 of 2019.

• The Developer agrees and acknowledges that the party $\mathsf{L}$ of the Other Part is a joint Owner-Occupant of the Existing Premises, and the Developer does not dispute joint ownership or rights and entitlement of the Owner-Occupant in the Existing Premises. All benefits arising out of the work of redevelopment shall be made available to the Owner-Occupant in the proportion in which it is mutually agreed amongst them as recorded herein below.

• J. The parties agree and acknowledge that the pendency $\cdot$ of the Suit No.1465 of 2019 in the Hon'ble Bombay High Court pending between the joint owners will not have any impact on the present understanding as recorded herein, and joint owners have filed Consent Terms of even date in the said Suit No.1465 of 2019 with respect to the Existing Premises.

• Κ. The Developer proposes to redevelop the said Property under Regulation 33(7) of the Development Control Regulations for Greater Mumbai, 1991 as amended from time to time and other applicable laws, rules, Government Circulars/Regulations, etc. as the case may be, by using and utilizing maximum permissible F.S.I./TDR at its costs, risks, expenses and responsibility by demolishing the existing building/s and constructing a new building on the said Property as per the plans approved by MCGM.

• L. Accordingly, the Developer have submitted the Plan to obtain IOD and accordingly M.C.G.M. has sanctioned plans of the said New Building and issued IOD bearing docket No. P-16110/2023/(533/10/ Matunga/337/1/New vide Zone City, and in furtherance of the said issuance of IOD, the Developer has complied with the said conditions of IOD and has obtained the requisite permission thereon.

• M. The Developer has explained complete scheme of redevelopment of the said Property to each of existing Tenants/Owners/Owner- Occupant/landlord, including the Owner-Occupant herein and after considering the same, the Tenants/Owners/Owner-Occupant/landlord along with all the other existing Tenants/Owners/Owner-Occupant/landlord have given their respective Irrevocable Consents to the proposed scheme of redevelopment of the said Property through the Developer, subject to all the Tenants/Owners/Owner-Occupant s/ Occupant/landlord, including the Owner-Occupant being re-housed in the New Building proposed to be constructed on the said Property by the Developer.

• $N₁$ In lieu of the Owner-Occupant providing his irrevocable consent for redevelopment of the said Property by demolishing the building thereon including the Existing Premises, the Developer has agreed to provide free of cost to the Owner-Occupant a Permanent Alternate Accommodation, being Flat No. 903 admeasuring 1000 square feet carpet area on the 9th floor of the New Building with 1 (one) Podium Car Parking (A2 on 3rd Floor) free of cost, to be constructed on the said Property as per

6

the sanctioned plan of the MCGM. The area offered by the Developer to the Owner-Occupant is greater than area offered by the Developer to mere the tenant/occupants (35% increase). The Developer is offering 1000 square feet carpet area on the 9th floor of the New Building with one podium car parking (A2 on 3rd Floor) free of cost.

$\overline{7}$

The Developer is now required to execute a written $\Omega$ . agreement being in fact this Agreement.

NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: -

• 1. The recitals contained above form an integral part of this Agreement as if the same were set out and incorporated in the operative part.
• $2.$ The Developer hereby agrees to provide and allot to the Owner-Occupant on ownership basis and free of cost and the Owner-Occupant hereby agrees to accept in lieu of his joint ownership (2/3rd) in the Existing Premises, a Permanent Alternate Accommodation being Flat No. 903 admeasuring 1000 square feet carpet area on the 9th floor of the New Building, with 1 (one) Podium Car Parking (A2 on 3rd Floor) free of cost, to be constructed on the said Property as per the Sanctioned Plans. The New Flat to be allotted to the Owner-Occupant is hereinafter for brevity's sake referred to as "the said Permanent Alternate Accommodation" and is more particularly described in Second Schedule hereunder written and shown with Red color boundary lines on the plan annexed hereto as "Annexure B". being Flat No. 903

admeasuring 1000 square feet carpet area on the 9th floor of the New Building as per sanctioned BMC plan is derived upon vide the Existing Premises of the Owner-Occupant. It is to the knowledge of the Owner-Occupant that the Developer is required to allot separate flat in lieu of other joint owner's 1/3rd (Gauri Jadhav) share, and for the respective allotments to the respective joint owners, the Owner-Occupant hereby grants full discharge and agrees not to make any further claims on any count whatsoever save and except claims arising out of Owner-Occupants entitlement for the said Permanent Alternate Accommodation

• 3. It is agreed by the Developer that in addition to the said Permanent Alternate Accommodation to be provided by the Developer to the Owner-Occupant, the Developer has agreed to provide to the Owner-Occupant the following:
  • Monthly α. Hardship Allowance for Temporary Accommodation:

The Developer shall provide to the Owner-Occupant, monthly hardship allowance from the date the Owner-Occupant hands over vacant and peaceful possession of the Existing Premises of 681.51 square feet carpet area till possession of Permanent Alternate Accommodation is offered by the Developer to the Owner-Occupant upon obtaining Occupation Certificate with respect thereto. For the period of first 12 (twelve) months, each month a lumpsum amount of Rs.45,562/- (Rupees Forty-Five Thousand Five Hundred and sixty-two only) on the

obtaining occupation certificate, the Owner-Occupant shall return the unused cheques to the Developer if the Developer succeeds in obtaining OC and offers possession to the Owner-Occupant before the completion of 24 months period.

It is further agreed between the parties that once the Owner- Occupant has handed over vacant possession of the said flat and subsequently after the Developer obtains an occupation certificate, the Developer shall pay a corpus amount of Rs. 10,00,000/-(Rupees Ten Lakh only) to the Owner-Occupant within 15 days from receipt of such occupation certificate.

• The list of amenities in the said Permanent Alternate $\overline{4}$ . Accommodation which will be provided by the Developer to the Owner-Occupant herein is annexed and marked "Annexure C" hereto.
• 5. It is agreed by the Owner-Occupant within 2 working days of signing this document, he shall hand over vacant and peaceful possession of the said Existing Premises to enable the Developer to demolish the existing building on the Property and commence the construction of the New Building. The date for handing over possession is agreed between the Parties by considering present nonoccupation of the said Building by all occupants.
• It is hereby agreed that the Developer shall offer to the $6 -$ Owner-Occupant the said Permanent Alternate Accommodation duly constructed as per Plan complete

concerned authorities, bills of the suppliers of building materials, charges for water and electricity consumed in construction of the New Building, additional sewerage charges levied during the construction period.

• 8. The Owner-Occupant is aware of and has expressly consented for the Commercial premises to be constructed on south facing side on the Ground Floor and First Floor with car parking in the basement exclusively for the owner-occupants of the said Ground floor and First Floor commercial premises and exclusive staircase between the Basement, ground floor and First Floor of the said Commercial Premises and the same will also have a separate Lift and a separate entrance, internal staircase exclusively for the usage of the commercial premises situated on the ground and first floors only.
• 9. It is specifically agreed that the all the Property Taxes, dues, levies and assessments due and payable in respect of the said Land or any part thereof during the construction period and the grace period thereafter, if any, up to completion of the said Redevelopment in all respects and obtaining the full and final Occupation Certificate from MCGM, shall be borne and paid by the Developer alone.
• The Developer undertakes to repair at its costs and $10.$ expenses all defects in respect of the entire building to be developed by the Developer for a period of 5 (Five) l. years from the date of OC including leakages and seepages and also for removing other defects or shortfall

13

in the New Building constructed by the Developer for a period of 5 (Five) years from the date of OC. It is however clarified that the Developer shall not be made liable towards any defect caused to the new building or any flat therein, due to structural changes, renovations, interior works carried out by any of the occupant or flat owners in the new building.

• $11.$ It is specifically agreed that the Developers shall take all precautions and safety measures in accordance with the various provisions of law, rules and regulations governing the development and construction work including, but not limited to, all firefighting and other installations and provisions for firefighting equipment and arrangements and indemnify the Owner Occupant and the proposed Society against all such claim.
• $12.$ It is specifically agreed that upon obtaining Occupation Certificate issued by MCGM, the Developers will hand over to the new Society registered the contracts entered into with the suppliers of lifts, its maintenance and repair contract as also all the original sanctioned Plan, IOD, CC, full & final Occupation Certificate issued by MCGM together with the Occupation Plan, and other Plans for RCC structure, concealed plumbing and electrical wiring, etc., together with any Guarantees/Warranties for the same and also, to provide soft copies in AutoCAD of all the technical drawings. The Owner-Occupant has no objection for the Commercial premises to be constructed on south facing side on the Ground Floor and First Floor with Car parking in the basement exclusively for the owner-occupants of the said Ground floor and First Floor

$\ddot{\cdot}$

• $15.$ It is agreed that the rights of the Owner-Occupant shall be restricted only to the said Permanent Alternate Accommodation to be allotted and reserved and shall have no right, title and interest whatsoever in respect of other part of the New Building or any other part of the Property apart from the Permanent Alternate Accommodation.
• $16.$ It is further agreed that once the Owner-Occupant shifts to the Permanent Alternate Accommodation and takes possession/deemed possession of the Permanent Alternate Accommodation in New Building then, the Owner-Occupant shall be liable to pay to the Developer outgoings and / or maintenance and other charges in respect of his Permanent Alternate Accommodation till formation of the society. It is agreed and clarified that the Developer shall be obliged contractually to bear the proportionate outgoings and / or maintenance and other charges in respect of the unsold Flats.
• The Owner-Occupant shall in consideration of being $17.$ provided with the Permanent Alternate Accommodation on ownership basis and simultaneously on being put in possession/deemed possession of the said Permanent Alternate Accommodation, shall be deemed to have surrendered the ownership rights of the said Existing k. Premises to the Developer and the said ownership rights shall stand merged into ownership of the permanent alternate accommodation and after that the Owner-Occupant shall have no claim against the Developer in respect of the said ownership right of the said Existing

Premises except the entitlement to the new Ownership Flat as specified above. It is clarified that the ownership rights of the Owner-Occupant shall remain in existence till receipt of the new Ownership premises, but the Owner-Occupant shall not be required to pay any charges or statutory levies after vacating the existing premises.

• $18.$ It is agreed by and between the parties hereto that Permanent Alternate Accommodation shall be used by the Owner-Occupant as per MHADA Certification only.
• 19. It is also agreed between the Parties that if any amendment to be done in the said Sanctioned Plans as per the M.C.G.M requirement or any other concerned authorities or otherwise, the Developer shall be entitled to do the same without affecting the location and area of the said Permanent Alternate Accommodation as herein provided in any manner whatsoever.
• 20. The Developer shall, within 3 to 6 months after obtaining Occupation Certificate for the New Building, form and register a co-operative housing society under the Maharashtra Co-operative Societies Act, 1960. The Owner-Occupant hereby agrees to become a member of such Society or Association and to comply with the formalities in respect thereof. The Owner-Occupant, if required shall be available for any registration wherever and whenever required. The Developer shall within 6 (Six) months from the date of formation of the Co-operative Society and in any event, within 12 (twelve) months from the date of receipt of OC execute a Deed of Assignment in respect of the said Property and the New Building

constructed thereon in favour of such Co-operative Society.

$-51$

• $21.$ The Developer shall have full/absolute right over the balance FSI of the said Property until the execution of the final deed of conveyance/assignment in favour of the society to be formed by the Developer and that the Developer shall be entitled to make any changes, additions, alterations, raise storeys or put up an additional structures concerned in that behalf and also be entitled to sell, mortgage (only salable component premises), charge or in any other manner deal with or dispose of the same to any person for such consideration and upon such terms and conditions as the Developer may think fit and proper in that behalf without any reference to the Owner-Occupant herein but at no costs such action by the Developer shall adversely affect the Owner-Occupant's Permanent Alternate Accommodation or its access and the Owner-Occupant shall not take any objection on any ground whatsoever and the Developer shall have the right to sell such premises constructed thereon and appropriate the sale proceeds on its own.
• $22.$ The Owner-Occupant hereby agrees / undertakes to cooperate with the Developer and to keep the Developer fully and effectively indemnified and shall always protect them / against any loss, damage, suit, action or proceeding including any costs and expenses thereof due to any breach by the Owner-Occupant of any terms and conditions herein and/or any of the terms, conditions, stipulations and convents imposed by the authorities while granting their permissions, sanctions,

approvals. NOC, for development of the said property. The Developer shall always protect the Owner-Occupant against any loss, damage, suit, action or proceeding including any costs and expenses thereof due to any breach by the Developer of any terms and conditions herein and/or any of the terms, conditions, stipulations and convents imposed by the authorities while granting their permissions, sanctions, approvals, NOC, for the development of the said Property.

• The Owner-Occupant for himself and all persons into 23. whosoever hands the said Permanent Alternate Accommodation may come after possession thereof is handed over to the Owner-Occupant, do hereby covenant with the Developer as follows:
  • $a)$ the Existing Premises is free from all encumbrances, mortgages and save and except the joint owners (1/3rd and 2/3rd share each) no one else has any share, right, title and interest in the said Existing Premises or any part thereof in any manner whatsoever. Joint ownership (1/3rd and 2/3rd share each) of joint owners is the most essential condition on which the present agreement is executed by the parties;
  • said Permanent Alternate b) $\mathsf{t}$ maintain the Accommodation at own cost in good Tenantable repair condition from the date of possession/deemed possession of the said Accommodation. Permanent Alternate The Owner-Occupant shall not do or suffered to be

52

done anything in or to the New Building in which the Permanent Alternate Accommodation is situated, which may be against the rules, regulations or Bye-laws of MCGM, and/or concerned local or any other authority or change/ alter to make addition in or to the New Building and in the Permanent Alternate Accommodation itself by pulling down any walls or otherwise whatsoever or any part thereof;

• not to store in the said Permanent Alternate $\mathsf{C}$ Accommodation any goods which are of hazardous, combustible or dangerous nature or so heavy so as to damage the structure and/or construction of the New Building or store any goods which are objected to by MCGM or the concerned local authority and shall not carry or cause to be carried heavy packages on upper floors, which may damage the structure and/ or construction of the New Building and in case any damage is caused to the New Building or the said Permanent Alternate Accommodation itself on account of negligence or default of the Owner-Occupant in this behalf, the Owner-Occupant shall be liable for the costs and consequences of the breach and the damages;
• to carry at his own cost, all internal repairs except d) the conditions as mentioned in aforesaid clause the said warranty/guarantee of reaardina Alternate Accommodation and Permanent Permanent Alternate said maintain the

Accommodation in the same condition, state and order in which it was delivered by the Developer to the Owner-Occupant. The Owner-Occupant shall not do any act contrary to the rules and regulations and bye-laws of the M.C.G.M. and/or concerned local authority or other public authority and in the event of the Owner-Occupant committing any act in contravention of the above provision the Owner-Occupant shall be responsible and liable for the consequences thereof to M.C.G.M. and/or the concerned local authority and/or other public authority and shall be liable to rectify the said acts at his own expense or costs;

$\Theta$

not to demolish or cause to be demolished the Permanent Alternate Accommodation or any part thereof or at any time make or cause to be made any addition or alteration of whatever nature in or to the said Permanent Alternate Accommodation or any part thereof nor any alteration in the elevation and outside colour scheme of the New Building and shall keep the said Permanent Alternate Accommodation, sewers, drains, pipes in the Permanent Alternate Accommodation and appurtenances thereto in good Tenantable repair and condition and in particular so as to support, shelter and protect the other parts of New Building which in the Permanent Alternate Accommodation is situated and shall not chisel or any other manner do damage to columns, beams, wall, slabs or other structural members in the Permanent Alternate Accommodation and/or

54

carry out any structural changes or renovation of the Permanent Alternate Accommodation without the prior written permission of the Developer and/ or the Society;

• not to throw dirt, rubbish, rags, garbage or other $f$ refuse or permit the same to be thrown from the said Permanent Alternate Accommodation in the compound or any portion of the said Property;
• g) to bear and pay increase in Municipal Property Assessment and other local taxes, water charges, electricity charges and such other levies and deposits, if any, which are imposed by M.C.G.M. and /or the concerned local authority and/or Government and/or other public authority on account of change of user of the Permanent Alternate Accommodation by the Owner-Occupant. It is clarified that the Owner-Occupant shall be liable to pay all such Municipal Property Assessment and such other local taxes, water charges, electricity charges, society formation charges, and society membership charges and such other levies payable from the date of taking over the possession/deemed possession of the The Alternate Accommodation: Permanent Developer shall apply to the BMC for issuance of Municipal/property Tax bills in the names individual Flat owners.
• the Owner-Occupant shall observe and perform all h) the rules and regulations which Co-operative

Society may adopt at its inception and the addition, alterations or amendments thereof that may be made from time to time;

• It is also agreed that after the Owner-Occupant is $\mathsf{i}$ put in possession of the Permanent Alternate Accommodation, the Owner-Occupant shall be liable to pay all the future taxes, levies, impositions, outgoings, cess, maintenance charges, in respect of the said Permanent Alternate Accommodation in proportionate to the area in his possession.
• 24. Nothing contained in this Agreement is intended to be nor shall be construed as a grant, demise or assignment in law of the said Property and the New Building. The Owner-Occupant shall have no claim save and except the said Permanent Alternate in respect of Accommodation hereby agreed to be provided to the Owner-Occupant. All open spaces, lobbies, passages, staircase, terraces, recreation space, etc. will remain the Property of the Developer until the said land and the New Building is transferred to the Society as hereinabove mentioned and thereafter the same shall belong to the Society to be formed by the Developer. The atop terrace shall always remain the property of the society and no individual rights shall be created in favour of any flat purchasers.
• 25. In case of any legal dispute or differences arising between the Owner-Occupant & his family members in respect of the said Existing Premises or the Permanent Alternate Accommodation hereby provided to the

Owner-Occupant at any time hereafter in future in any manner whatsoever, the same shall be settled by the Owner-Occupant alone entirely at his own costs, expenses and risk and shall indemnify and keep indemnified the Developer there from.

• 26. It is already agreed between the Parties hereto that the stamp duty and registration charges in respect of proposed area to be allotted to the Owner-Occupant under this Agreement shall be paid by the Developer alone. Both the Parties hereto shall pay their respective Advocate and Solicitors fees and any applicable taxes pertaining to this Agreement.
• $27.$ It is agreed between the two Parties that any liability arising out of this agreement/premises, such liability viz; Capital Gain Tax / Income Tax shall be met exclusively by the Owner-Occupant of the premises and the Developer shall have nothing to do with the same.
• 28. All the Property Taxes, dues, levies and assessments due and payable in respect of the said Property or any part thereof during the construction period and the grace period thereafter, if any, up to completion of the said redevelopment in all respects and obtaining the Occupation Certificate from MCGM in respect of the New Building, shall be borne and paid by the Developer alone.
• 29. This Agreement shall override all earlier agreements and writings between the Owner-Occupant and Developer and shall always be subject to the provisions of the Real Estate Regulation Act and the rules made there under (as

amended up to date).

In the event of any dispute or difference arising between the Parties hereto concerning or relating to the interpretation of these presents or the interpretation or effect of any provisions thereof or relating to the liability or obligation on the part of any of the parties hereto, the same shall be referred to Arbitration of a sole arbitrator mutually appointed by the parties, failing which any party shall be entitled to get an Arbitrator appointed by the High Court, Mumbai by making necessary applications. The arbitration shall be in accordance with and subject to the provisions of the Arbitration & Conciliation Act, 1996 or any statutory modifications or re-enhancements thereof for the time being in force. The Venue of arbitration shall be Mumbai. The arbitration proceedings shall be conducted in English. The costs or fees and charges payable to the arbitrator shall be paid by each party hereto in equal share.

• $31.$ Time period for completion of development work:

  • a) Subject to the events of force majeure and other terms as mentioned hereafter, the Developer shall complete the construction within 36 Months (Thirty-Six months) from the date of obtainina Commencement Certificate which 36 (Thirty-Six) months shall be subject to grace period of further 6 (Six) months.
  • b) The Developer shall however, be entitled to reasonable extension of time for completing the development work, if it is delayed on account of:

• $(ii)$ War, Hostilities, acts of public, enemy or belligerence, Sabotages, Blockade, Revolution, Civil commotion, riots, pandemics or disorders or Acts of God/state;

• $(iii)$ Any notice, order, rule, notification of the Govt. and/or other public or competent authority preventing the Developer from proceeding with the construction;

• Any stay from the Court or authority pursuant $(iv)$ to legal proceedings initiated by the owner of the said Building and/or any other person claiming through or under them involving the development work on the said Property;

• $(v)$ Applicability of Section 95A of the MHADA Act. 1976 for forceful eviction of the Owner-Occupant;

• $(vi)$ Any situation which is out of control of the Developer and due to which the construction activities is hampered and/or stopped and/or held up.

• In the event of grant of any permissions, $(vii)$ sanctions, approvals, certificates etc. is delayed on account of any changes in development related policies, rules,

requiations, laws or any court order and/or the construction work is delayed due to events of force majeure as stated above, the time for completion of development work shall ipso facto stand extended to the extent of the time during which such reason/s persist and the Developer shall provide revised timelines.

60

THE FIRST SCHEDULE ABOVE REFERRED TO:

DESCRIPTION OF THE SAID PROPERTY

ALL THAT piece or parcel of land admeasuring 785 Sq. Yards equivalent to 656.36 Sq. Mtrs or thereabouts bearing Plot No. 772 of Dadar-Matunga Estate of the Municipal Corporation of Greater Mumbai in the City Island and Registration Sub-District and District of Mumbai City and registered in the books of the Collector of Land Revenue under Cadastral Survey No. 533/10 of Matunga Division and Assessed by the Assessor & Collector of Municipal Rates and Taxes under F Ward Nos. 6490(1) and 6490(2) and Street No. 57 and 57A, together with Building standing thereon known as "Shri Ram Bhuvan" comprising of Ground plus Three floors upper floors with a room on the terrace and one staircase room and two structures of ground floor situate, lying and being at Plot No. 772, Parsi Colony, Corner Road No. 4, Dadar (East), Mumbai - 400014 and bounded as follows:

On or towards the North-East	By Plot No. 771 and 771A
On or towards the South-East	By 40 feet wide Road No. 4
On or towards the North West	By 60 feet wide Tilak Road and;
On or towards the South West	By Plot No. 773

THE SECOND SCHEDULEOF THE FLATS ABOVE REFERRED TO:

Flat No. 903 admeasuring 1000 Sq. ft. Carpet area, on the 9th Floor along with one podium car parking (A2 on 3rd Floor) the building known as "Shri Ram Bhuvan" situated at Plot No. 772, Parsi Colony, Corner Road No. 4, Dadar (East), Mumbai - 400014.

$2.$

SIGNED AND DELIVERED by the first named "OWNER-OCCUPANT" MR. Tusshar Kishor Jaddhav,

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Innovative Realest Put Ltd

A/50, 4th Floor, Royal Industrial Estate, Naigaon Cross Road, Dadar East, Mumbai - 400031

INDIVIDUAL FLATS AMENITIES

• 1. Flooring will be 2x2 or larger vitrified tiles from brands like KAJARIA, JOHNSON, NITCO, ASIAN, SIMPOLO, etc or similar brands will also be used for kitchen and also for bathroom. Tiles applied as Dado in kitchen will be upto a height of 6 feet in kitchen on the platform section and 7 feet in bathrooms.
• 2. Broadband connectivity will be provided to all the flats with JIO, TATASKY, AIRTEL, etc or any service provider.
• 3. Electrical fittings will be from Anchor, Great wall or any premium brand including HAVELLS, GM, CROMPTON, ROMA, etc.
• 4. MGL gas line will be provided if available.
• 5. Walls will be POP finished & painted.
• 6. Black granite kitchen platform on one side will be done for all flats.
• 7. All rooms to have concealed electric points for light, fans & Air conditioners.
• 8. Adequate AC wiring, and also Split AC water outlet drains to each room.
• 9. Bathroom fittings shall be of reputed brands like Parry, Hindware, Jaguar, Hansgrohe, Kohler, etc. and western style we shall provide.

ANNEXURE "C"

Innovative Realest Put Ltd

A/50, 4th Floor, Royal Industrial Estate, Naigaon Cross Road, Dadar East, Mumbai - 400031

SCHEDULE OF COMMON EQUIPMENTS AND FITOUTS

• 1. Reputed & global brands like GRUNDFOS, SIEMENS, and KIRLOSKAR etc. pumps will be procured.
• 2. Top Brand lifts like MITSUBISHI, KONE, OTIS, THYSSENKRUPP, EROS, OMEGA, etc. will be suppliers of Passenger lifts.
• 3. Electric cable & wires will be sourced from POLYCAB, ANCHOR, RR KABEL, etc.
• 4. Best class pipe fitting from FINOLEX, SUPREME, PRINCE, ASTRAL, etc will be used.
• 5. Common area CCTV, Adequate Toilets and Bathroom for the staff of all the flat owners & security, will be provided.
• 6. The Lobby will have the Name plate of all Flat Owners.
• 7. Reputed brand All weather External Paint will be used which will give a long life to the New Residential Tower.
• 8. Terrace with nice seat-outs will be planned on the top floor.
• 9. A Gymnasium will be designed for the usage of all residents.
• 10. Terrace Waterproofing.
• 11. Superior quality aluminum sliding windows and grills.
• 12. Superior quality wood used in main and internal doors.
• 13. Maximum space for all age groups of society members will be designed and executed.
• 14. Society office to be made with interiors and AC.

30

IN THE HIGH COURT OF

JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL

JURISDICTION

IN IT COMMERCIAL DIVISION

ARBITRATION PETITION (L) NO.

30394 OF 2023

Innovative Realest Pvt. Ltd.

... Petitioner

Vs

Pratik Ramprasad Bhadra & Ors.

... Respondents

CONSENT MINUTES OF ORDER