IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL SUIT (L) NO.1223 OF 2019

PB Beer Garden Restaurants Pvt. Ltd.	)
A Company incorporated under the	)
Companies Act, 2013, having its Registered	)
Office at 301 Indus House, Off New Link	)
Road, Andheri (West), Mumbai – 400 053.	) Plaintiff

VERSUS

i.

1.	Sumit Kumar Ganguly Trust,	)
	A private Trust under the Indian Trust	)
	Act 1882, having its office at "Gauri Kun	j")
	Kalakar Kishore Kumar Ganguly Road,	)
	Juhu Tara Road, Santacruz (West),	)
	Mumbai – 400 049.	)
2.	Amit Kumar Ganguly,	)
	Of Mumbai, Indian Inhabitant,	)
	Sole Trustee of the Sumit Kumar Ganguly	у)
	Trust, residing at "Gauri Kunj", First Floo	or)
	Kalakar Kishore Kumar Ganguly Road,	)
	Juhu Tara Road, Santacruz (West),	)
	Mumbai – 400 049.	)
3.	Sumeet Kumar Ganguly,	)
	Of Mumbai, Indian Inhabitant, Sole	)
	Beneficiary of the Sumit Kumar	)
	Ganguly Trust, residing at First Floor,	)
	"Gauri Kunj", Kalakar Kishore Kumar	)
	Ganguly Road, Juhu Tara Road,	)
	Santacruz (West), Mumbai – 400 049.	) Defendants

So AKar LW.

CONSENT TERMS

• Parties have approached each other to settle the disputes and differences inter se and arrive at the settlement in the captioned suit. Accordingly, the Plaintiffs and the Defendant Nos. 1 to 3 have arrived at the amicable settlement on the following terms;
• 2. AGREED, DECLARED AND CONFIRMED that the Plaintiff hereby withdraws the suit against the Defendants and withdraws all allegations and claims made therein;
• AGREED, DECLARED AND CONFIRMED by the Plaintiffs 3. that, pursuant to the directions passed by His Lordship the Hon'ble Mr. Justice A.K Menon in the Order dated 30th January, 2020 in the captioned matter, the Defendants on 8th February 2020 have handed over all the goods/ articles lying in the licensed premises and shifted to the godown/ warehouse to the Plaintiff's representative i.e. Mr. Surdeep Bisht, as mentioned in the List of Inventory forwarded to the Plaintiffs vide the Defendants' Advocate's letters dated 11th December, 2019 and 12th February, 2020. The Plaintiffs hereby unconditionally agree and confirm the receipt of all goods/ articles from the Defendants, that were lying in the licensed Premises except the alcohol bottles and a LED screen presently lying in the licensed premises, which shall be returned/handed over to the Plaintiffs within a period of seven days from the execution of these Consent Terms. The Plaintiffs agree and confirm that upon receipt of the LED screen and the alcohol bottles from the Defendants they shall not make any claims in future with respect to the good/ articles which were lying in the Licensed Premises.
• 4. AGREED, DECLARED AND CONFIRMED that the Plaintiffs shall simultaneously upon receipt of the LED screen and the alcohol bottles from the Defendants as set out above grant their No Objection to the Defendants in prescribed form as may be required by the statutory authority to transfer 'FL III Liquor License' bearing No.2100 standing in the name of the Plaintiff's representative viz. Mr. Pramod Baburao Suryagandh for the purpose of running a

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restaurant and bar from the Licensed Premises without charging any consideration in return for the same.

• 5. AGREED, DECLARED AND CONFIRMED that the Plaintiffs shall simultaneously upon receipt of the LED screen and the alcohol bottles from the Defendants as set out above grant their No Objection to Defendants in prescribed form as may be required by the statutory authority to transfer back the Eating House License bearing No.887693231 without charging any consideration in return for the same, which was earlier transferred by Defendant No.3 in favour of the Plaintiff's representative viz. Mr. Pramod Baburao Suryagandh, for the purpose of running a restaurant from the Licensed Premises without charging any consideration in return for the same.
• 6. AGREED, DECLARED AND CONFIRMED that the Plaintiffs and/ or their representative Mr.Pramod Baburao Suryagandh shall simultaneously upon receipt of the LED screen and the alcohol bottles from the Defendants execute the documents in the prescribed form as may be required by the statutory authority for transfer of the aforesaid license including all ancillary documents i.e. Affidavits, forms etc., and Plaintiffs undertake to co-operate with the Defendants as and when called upon to do so, if so required for the process of transfer of the above licenses in favour of the Defendants.
• AGREED, DECLARED AND CONFIRMED by the Defendants that the cost and/or any incidental charges for transfer of 'FL III Liquor License' bearing No.2100 and Eating House License bearing No.887693231 shall be borne and paid by the Defendants alone.
• AGREED, DECLARED AND CONFIRMED that the Defendants have adjusted the refundable security deposit of Rs.85,00,000/-(Rupees Eighty-Five Lakhs only) deposited by the Plaintiffs with the Defendants, against the outstanding license fees due and payable by the Plaintiffs to the Defendants in respect of Licensed premises.
• 9. After adjustment of the refundable deposit of the Plaintiffs, and upon issuance of the No Objections by the Plaintiffs for the two licenses

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mentioned in clauses 4 and 5 above, the Defendants give up their right to claim any further balance arrears towards license fees due and payable by the Plaintiffs along with interest thereon and declare that no further amounts towards license fee is payable by the Plaintiffs with respect to the Leave and License Agreement dated 4th September, 2017 and the account with respect to the license fee payable thereunder stands fully settled to the satisfaction of the Defendants. The Defendants undertake not to claim any license fee in future in respect of the Licensed Premises from the Plaintiffs under the Leave and License Agreement dated 4th September, 2017.

• AGREED, DECLARED AND CONFIRMED that the Plaintiffs 10. shall make payment of any amounts, dues, unpaid bills if any raised/ levied by any Statutory Authorities for any liabilities of the Plaintiffs for the duration when the Plaintiffs was in use and occupation of the Licensed Premises i.e. upto 1st October, 2019, without raising any dispute and/ or claiming any amounts from Defendants towards the same and the Plaintiffs shall keep the Defendants indemnified in respect of the same. The Plaintiffs agree and undertake to make such payment within seven (7) days of the demand for payment being made upon them by the Defendants, along with a copy of the letter of demand made by the statutory authorities for the same.
• AGREED, DECLARED AND CONFIRMED that the Plaintiffs 11. shall pay to the Defendants a sum of Rs.5,86,760/- (Rupees Five Lakhs Eighty Six Thousand Seven Hundred Sixty only) towards electricity charges payable by the Defendants and undertake to reimburse the said charges if already paid by the Defendants for the months of August and September, within 7 days from the date of execution of these Consent Terms, upon the Defendants providing a copy of the said bills and proof of payment if already made, thereof.
• 12. AGREED, DECLARED AND CONFIRMED by the Plaintiffs that by filing the present consent terms, the Plaintiffs and all Defendants have settled all their disputes in respect of the licensed premises and articles lying therein and the Plaintiffs shall not have

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any further claim of whatsoever nature in the licensed premises or against the Defendants.

• 13. The Plaintiffs and Defendants hereby withdraw all statements, allegations, complaints whether civil or criminal, correspondence and proceedings addressed/ initiated by them in relation to the subject matter of the present Suit, and agree not to raise any claims in the future.
• 14. AGREED, CONFIRMED AND DECREED that the parties shall have no claim against each other in any manner of whatsoever nature in respect of the Licensed Premises, Leave and License Agreement dated 4^th September, 2017, articles or anything related thereto.
• 15. In terms of the said consent terms, the said suit stands disposed as withdrawn with no order as to costs. There shall be a refund of court fees as per rules.

Dated this $9^{th}$ day of March, 2020.

Divya Shah Associates

Advocates for Defendants

Jhangiani Narula & Associates Advocates for the Plaintiffs

Authorised Representative for Plaintiff

Sumit Kumar Ganguly Trust, Defendant No.1

Amit Kumar Ganguly Defendant No.2

Sumeet Kumar Ganguly Defendant No.3

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PB BEER GARDEN RESTAURANTS PRIVATE LIMITED

CERTIFIED TRUE COPY OF THE RESOLUTION PASSED BY THE BOARD OF DIRECTORS OF THE COMPANY AT THEIR MEETING HELD ON 20^THFEBRUARY 2020 AT THE OFFICE AT 301, INDUS HOUSE, NEW LINK ROAD, NEAR MONGINIS CAKE FACTORY, ANDHERI (WEST), MUMBAI – 400 053.

"RESOLVED that Mr. SurdeepBisht of the Company be and is hereby appointed and authorized to initiate, file, prosecute and/or defend any complaint, application, and or any proceedings initiated by or against the Company and/or its Directors in their official capacity in any court and/or judicial or quasi-judicial authority in India.

'RESOLVED FURTHER that Mr. SurdeepBisht of the Company be and is hereby appointed and authorized to sign, affirm, reaffirm swear, verify and/or re-verify all Petitions complaints, Applications, Affidavits, Vakalatnamas, Consent Terms, note of appearance or any other documents that may be necessary for the purpose of prosecuting and/or defending the proceedings initiated by and/or against the Company and/or its Directors in their official capacity'.

'RESOLVED FURTHER that Mr. SurdeepBisht be and is hereby appointed and authorized to engage or appoint any solicitor, counsel, Advocate, pleader or lawyer to conduct the said proceedings'.

For M/s PB Beer Garden Restaurants Private Limited

Quero Managing director

Jrue Copy

Reg. Address: 301, Indus House, Off New Link, Andheri (West), Mumbai - 400053. Telephone: 91 22 40781800/40781801 CIN: U74999MH2015PTC263567

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL SUIT (L) NO.1223 OF 2019

PB Beer Garden Restaurants Pvt. Ltd. ... Plaintiff

Versus

Sumit Kumar Ganguly Trust & Ors. ... Defendants

CONSENT TERMS

Dated this $\underline{q}^{\dagger \gamma}$ day of March, 2020