BOOKING LETTER

Date:

To,

Mr/Mrs./Ms.

(Address)

Telephone/Mobile number

Pan Card No.:

Aadhar Card No.

Email ID:

Re: Booking of Industrial Unit/s in Phase 1 Block “A’ proposed to be constructed on all that piece and parcel of leasehold land known as Plot No. EL-237 in the Trans Thane Creek Industrial Area within the village Limits of MAHAPE and within the limits of Navi Mumbai Municipal Corporation Taluka and Registration, Sub-District Thane District and Registration District Thane containing by ad-measurements 86053 square meters or thereabouts (hereinafter referred to as “the said Land”).

f. IJPM shall not be responsible towards any third-party making payment / remittances on behalf of the Applicant without prior intimation and such third party shall not have any right in the allotment / sub-leasing of the Unit(s) applied for herein in any way. IJPM shall issue receipt for payment in favour of the Applicant only.

4. BOOKING OF PARKING SPACE(S):

Further, we hereby agree to confirm booking along with the said Unit, car parking space(s) at level basement/ (“the said Car Parking Space”) for NIL consideration on the terms and conditions as shall be enumerated in the Agreement for Sub-Lease to be entered into between IJPM and Allotee. The Car Parking Spaces shall be earmarked at the time of entering Agreement for Sub-Lease.

5. DISCLOSURES OF INFORMATION:

We have made available to you the following information :

1. a. The proposed plans, layout plans, along with specifications.
2. b. All disclosures of the Project have been made to you and IJPM has also satisfactorily answered all your queries in respect of the said Project. You have agreed to offer for allotment after you being satisfied with the disclosures of the Project and by your own independent diligence and satisfaction and not on basis of our representation.
3. c. You are aware that we are yet to submit the plans for sanction of the Authorities.
4. d. Prior to entering the Agreement for Sub-Lease, IJPM shall furnish the sanctioned plans of the Project and the said Unit.
5. e. Applicant hereby confirms that it is in the business of Gems and Jewellery and has submitted the relevant proof of the same at the times of entering this Booking Letter.

6. TERMS OF BOOKING:

a. This booking letter does not convey in favour of Applicant any right, title or interest of whatsoever nature unless and until required documentation. i.e. Agreement for Sub- Lease is executed.

b. The booking of the unit(s) is entirely at the discretion of IJPM. The unit(s) are restricted to specific use as mentioned and the Applicant is bound to use the unit(s) for designated purpose only. The Applicant has examined the proposed plans, designs and specifications of the unit(s) which are tentative and agree that IJPM may affect such variations and modifications therein as may be deemed necessary in the interest of the Project or as may be done by any competent authority. The Applicant agrees that no claim, monetary or otherwise will be raised in case of any change in location and/or area of the Unit(s). It is clarified that the initial rate of deposit/booking of the Unit(s), will be applicable on the final area which can be +/- 10% than the area mentioned above.

c. The Applicant has seen and accepted the proposed plans, designs, specifications which are tentative, and the Applicant is accepting this provisional booking with the full knowledge about the building proposed plans, proposed specifications, location of the Unit(s), buildings, floor proposed plans and other such terms and conditions. However, the same are tentative and may be changed, altered, modified, revised, added, deleted, substituted or recast as the IJPM may consider necessary or as directed by the concerned Competent Authority and/or Architect, at any time after the building proposed plans for the Project are sanctioned and till the grant of occupation certificate by concerned Competent Authority. The Applicant has in token of his / her / their / its acceptance of various lay- out proposed plans of the said unit(s) to be situated in the Indian Jewellery Park Mumbai and specifications, signed and executed and the Applicant shall not raise any dispute / claim against the IJPM in this regard at any time whatsoever. The Applicant hereby expressly gives his/her/their/its consent to such variation/ additions/alterations and modifications.

d. That the transfer / assignment of the Unit(s) including rights as Applicant(s) herein, shall require prior written permission, which will be at the sole discretion of IJPM and if permitted, the Assignee / transferee must pay the applicable charges to IJPM and Authorities towards the assignment / transfer of the Unit(s), at the time of the said assignment / transfer. Any change in the name of the Applicant(s) (including addition/deletion) as registered with IJPM, change in partners, shareholders or any structuring will be deemed as assignment / transfer for the purpose. Further, the transfer of Unit(s) shall also be subject to the transfer charges of MIDC as per its policy and terms and conditions.

e. In case of death of the Applicant(s), the Unit(s) would be transferred to the legal heir(s) of the Applicant(s) on submission of the required documents, as per Law.

f. This Booking is deemed to have been issued at the registered office of IJPM and contract is deemed to have been entered into and within the jurisdiction of the registered office of IJPM and thus Court having territorial and monetary jurisdiction over the registered office of IJPM shall have exclusive jurisdiction thus the Courts at Mumbai shall have exclusive jurisdiction in case of any dispute. The cause of action will be deemed to have arisen within the jurisdiction of registered office of IJPM and parties elect the same as exclusive jurisdiction.

7. APPLICANT(S) DECLARATION:

a. it is duly organized and validly existing under the laws. It is not prohibited by the applicable law or any other law to which it may be subject, from entering into this Booking Letter;

b. execution, delivery and performance by the Applicant of the this Booking Letter will not result in a breach of or constitute a default under (i) any provision of its the constitutional documents and/ or its memorandum and articles of association; (ii) any law, rule or regulation applicable to it; (iii) any order or judgment of any governmental authority applicable to it; (iv) any agreement or instrument to which it is a party or by which it is bound;

c. It has full authority to enter into this Booking Letter;

d. The Booking Amount and all subsequent amounts payable by the Applicant is/are duly tax paid and not forming part of any monies / funds which are in violation of Prevention of Money Laundering Act, 2002, Foreign Exchange Management Act, 1999, Reserve Bank of India rules, regulations, policy, circulars, notification or any other and further applicable Laws. IJPM has relied upon this declaration.

e. Any policy decision taken by Applicant regarding the Project shall be binding on the Applicant and Applicant undertakes to abide by the same without any demur.

8. FORCE MAJEURE:

The terms of this Booking Letter and obligations of IJPM are subject to Force Majeure. “Force Majeure” means and include without limitation, acts of God including earthquake, storm, flood, tempest, lightening and other natural calamities, civil commotion, war, act of public enemy or any event of like nature which cannot be prevented by the exercise of reasonable skill and care and is beyond reasonable control of IJPM.

9. FURTHER PAYMENTS::

Further payments towards the consideration of the said Unit shall be made by the Applicant, in the manner and at the times as well as on the terms and conditions as more specifically enumerated / stated in the Agreement for sub-lease to be entered into between IJPM and Applicant.

10. INTEREST PAYMENT:

In case of delay in making any payments, Applicant shall be liable to pay interest @12% p.a. without any demur.

11. OTHER PAYMENTS:

All statutory charges, GST, other taxes, cess including any enhancement thereof and/or other levies demanded or imposed by the concerned authorities shall be payable by the Applicant(s) from the date of booking as per demand raised by IJPM.

12. THE AGREEMENT FOR SUB-LEASE AND BINDING EFFECT:

The Agreement for Sub-Lease to be entered into between IJPM and Applicant shall be forwarded to Applicant once the same is prepared and finalized by the Advocates for IJPM. The Agreement for Sub-Lease shall be in the format as approved by MIDC and will be same for all the Applicants.

13. EXECUTION AND REGISTRATION OF THE AGREEMENT FOR SUB- LEASE:

a. Applicant shall pay the stamp duty and necessary incidental charges, execute the Agreement for Sub-Lease and appear for registration of the same before the concerted Sub-Registrar within a period of 15 (Fifteen) days from the date as may be communicated to the Applicant. However, in the event the booking amount is collected in stages and if the Applicant fails to pay the subsequent stage instalment, IJPM shall serve upon the Applicant a notice calling upon the Applicant to pay the subsequent stage instalment within 15 (Fifteen) days which if not complied, IJPM shall be entitled to cancel this booking letter. In the event of cancellation, IJPM shall be entitled to forfeit the booking amount paid by the Applicant.

b. In the event the Applicant fails to execute and register the Agreement for Sub-Lease and/or pay the amounts due and payable to the IJPM, then IJPM subject to 15 (Fifteen) days written notice shall be entitled to cancel and terminate this Booking.

c. In the event IJPM aborts / cancels the Project, IJPM shall only be liable to refund the Booking Amount without any interest or penalty. Applicant shall not have any claim/s of any nature whatsoever against IJPM.

14. CANCELLATION BY APPLICANT:

The Applicant is not entitled to cancel the booking. However, in the event Applicant communicates his desire to cancel by way of a written notice to IJPM, then IJPM shall consider the request and the refund of the booking amount / monies paid by the Applicant as per IJPM’s then prevailing policy regarding cancellation and refund in case of cancellation. The Applicant shall not claim any equity on cancellation and shall be governed by IJPM’s policy on cancellation and refund which shall be binding on the Applicant.

15. VALIDITY OF BOOKING LETTER:

This Booking letter shall be valid till the execution of the Agreement for Sub-Lease or prior termination by Parties in accordance with the terms of this Booking Letter.

Signature:

Name:

(Authorized Signatory)

Date:

Place:

CONFIRMATION & ACKNOWLEDGEMENT

I/ we have read and understood the contents of this Booking Letter and agree and accept the terms and conditions as stipulated in this booking letter.

Date:

Place: