Conveyance Deed-garwal Orchid Final

CONVEYANCE DEED

1. Nature of document - Conveyance Deed2. Village/District - Orchid Centre,

Sector_,Haiderpur Viran, Gurgaon

3. Area - 72687 sq.ft.4. Covered area - 72687 sq.ft.5. Total consideration - Rs. 25,07,70,150/- 6. Stamp Duty - Rs. 1,74,44,880/-7. Stamp Certificate No. - 28158. Stamp Certificate date - 28.03.2008

THIS SALE DEED is executed at Gurgaon on this 28th day of March ,

2008 by (i) Shri Bharat Singh, (ii) Shri Daya Ram, both sons of Shri Nathu,

(iii) Shri Shiv Narain son of Shri Sish Ram, (iv) Shri Sadanand (son),(v) Shri

Brahmanand(son), (vi) Shri Ramanand(son) of Shri Shiv Narain all residents

of Village Wazirabad/ Sirhaul, Tehsil and District Gurgaon through their

general power of attorney Shri Ajay Goel son of Shri R.P. Goel, resident of

1

164, Dayanand Vihar, New Delhi (vii) M/s Vipul Ltd. having its corporate

office at Tech Square, Golf Course Road, Gurgaon through its duly

constituted attorney Shri Ajay Goel son of Shri R.P. Goel, resident of 164,

Dayanand Vihar, New Delhi (viii) M/s Orchid Infrastructure Developers

Private Limited having its registered office at 1011, Surya Kiran, 19 K. G.

Marg, New Delhi and Corporate office at 2nd Floor, Global Arcade, Gurgaon

through its authorized signatory Sh. Ajay Goel son of Son of Sh. R.P. Goel (

vide resolution dated 27-7-2007)(hereinafter collectively called the

‘VENDORS’ which expression shall unless repugnant to the context of this

sale deed mean and include their heirs, legal representatives, successors

administrators, executors, nominees and permitted assigns etc.) on one

hand. AND

M/s Garwal Properties Pvt. Ltd. having its registered office at 264, Bharat

Apartments, Sector 13, Rohini, Delhi through its duly authorized person

Shri Vivek Jain empowered through vide board resolution dated 17 March

2008 (hereinafter called the ‘VENDEE’ which expression shall unless

repugnant to the context of this sale deed mean and include its successors,

legal representatives, administrators, executors, nominees and permitted

assigns etc.) on the other hand.

WHEREAS the VENDORS No. (i) to (vi) had entered into an agreement of

collaboration dated 21.7.2003 and predecessors-in-interest of VENDOR

No. (vii) ( namely Shri Vipin Yadav son of Shri Nahar Singh, Shri Girish

Chander Gulati son of Shri H.Chander and Shri Davinder Yadav son of Shri

Ram Kishan Yadav) and predecessors-in-interest of VENDOR No. (viii)

( namely Shri Surinder Kumar son of Shri Suraj Mal ) had entered into an

2

agreement of collaboration dated 11.9.2003 with M/s Vipul Limited

( earlier known as M/s Vipul Infrastructure Developers Pvt.Ltd. ) having its

registered office at 16/2, Lord Sinha Road, Kolkata pertaining to land

bearing khasra Nos. 72/2/2, 73/2 and 74/2/2 to the extent of 3 Bighas 18

Biswas 10 Biswansis pukhta 2.453 Acres (hereinafter referred to as said

land) situated in revenue estate of Haiderpur Viran, Tehsil and District

Gurgaon.

WHEREAS on the basis of aforesaid agreement of collaboration M/s Vipul

Limited had submitted an application for grant of licence for development

of commercial colony over the aforesaid land admeasuring 2.453 Acres..

Licence bearing no. 100 of 2005 had been granted by Director, Town and

Country Planning Department, Haryana, Chandigarh on 9.8.2005.

Agreement in form LC-IV dated 9.8.05 was executed by M/s Vipul

Limited with Governor of Haryana acting through Director, Town and

Country Planning Department, Haryana, Chandigarh.

WHEREAS Shri Vipin Yadav son of Shri Nahar Singh, resident of village

Sirhaul, Tehsil and District Gurgaon (2) Shri Girish Chander Gulati son of

Shri H.Chander resident of A-547A, Sushant Lok I, Gurgaon (3) Shri

Surinder Kumar son of Shri Suraj Mal, resident of village Chakkarpur,

Tehsil and District Gurgaon (4) Shri Davinder Yadav son of Shri Ram

Kishan Yadav, resident of village Chandu, Tehsil and District Gurgaon had

executed agreements of collaboration dated 11.9.2003 in favour of M/s

Vipul Limited ( earlier known as M/s Vipul Infrastructure Developers

Pvt.Ltd. ).Subsequently, M/s Vipul Limited had filed litigation against the

persons listed at serial nos. 1,2 and 4 wherein the following judgments and

3

awards were passed in favour of M/s Vipul Limited pertaining to land

holding of the aforesaid persons:-

i) Suit for declaration with consequential relief of permanent injunction

titled “ M/s Vipul Infrastructure Developers Pvt. Ltd. versus Vipin

Yadav” decided by Shri M.K. Bansal, the then Presiding Judge

Samjhauta Sadan, Gurgaon vide judgment / Award dated 17.8. 2005

registered on 12.9. 2005 bearing vasika no. 11733.

ii) Suit for declaration with consequential relief of permanent injunction

titled “ M/s Vipul Infrastructure Developers Pvt. Ltd. versus Shri

Devender Yadav” decided by Shri M.K. Bansal, the then Presiding

Judge Samjhauta Sadan, Gurgaon vide judgment / Award dated 7.10.

2005 registered on 10.11. 2005 bearing vasika no. 15983.

iii) Suit for declaration with consequential relief of permanent injunction

titled “ M/s Vipul Infrastructure Developers Pvt. Ltd. versus Shri

Girish Chander Gulati decided by Shri M. K. Bansal, the then

Presiding Judge Samjhauta Sadan, Gurgaon vide judgment / Award

dated 26.9. 2005 registered on 10.11. 2005 bearing vasika no. 15980.

WHEREAS by virtue of aforesaid judgments / Awards M/s Vipul Ltd.

became full fledged owner in possession of the land earlier owned and

possessed by Shri Vipin Yadav son of Shri Nahar Singh, Shri Girish

Chander Gulati son of Shri H.Chander, and Shri Davinder Yadav son of Shri

Ram Kishan Yadav. Accordingly, M/s Vipul Ltd. has proceeded to execute

and register the present sale deed as VENDOR No. (vii).

WHEREAS Shri Surinder Yadav son of Sh. Suraj Mal had executed and

registered sale deed dated 09.01.2007 bearing Vasika No. 20979 in favour of

M/s Orchid Infrastructure Developers Private Limited with regard to land

measuring 3 Biswa 19 Biswansis pukhta situated in Village Hyderpur

4

Viran,Tehsil and District Gurgaon forming part of land referred to above.

Accordingly M/s Orchid Infrastructure Developers Private Limited is owner

in possession of the land earlier owned by Surinder Yadav son of Sh. Suraj

Mal and has proceeded to execute and register the present sale deed as

VENDOR No. (viii).

WHEREAS the building plans of the commercial colony were approved by

the Director, Town and Country Planning Department, Haryana,

Chandigarh vide Memo. no. 5534 dated 16.3. 2006. The aforesaid

commercial colony has been promoted and developed by M/s Orchid

Infrastructure Developers Pvt. Ltd. having its office at 2nd floor, Global

Arcade, Mehrauli Gurgaon Road, Gurgaon with the consent and approval of

M/s Vipul Limited and in accordance with mutual settlement reached

between M/s Vipul Limited and M/s Orchid Infrastructure Developers

Pvt. Ltd. WHEREAS the VENDORS No. (i) to (vi) had executed general

power of attorney dated 14.8.2003 registered on 16.8.03 bearing vasika no.

12365 / 4 in favour of Shri Moti S. Masand who was earlier Director of M/s

Vipul Limited in furtherance of collaboration agreement dated 21.7.2003.

Similarly, Shri Vipin Yadav son of Shri Nahar Singh, Shri Girish Chander

Gulati son of Shri H.Chander and Shri Davinder Yadav son of Shri Ram

Kishan Yadav and Shri Surinder Kumar son of Shri Suraj Mal had

executed general power of attorney dated 11.9.2003 bearing vasika no.

14235/4 in favour of Shri Moti S. Masand who was earlier Director of M/s

Vipul Limited in furtherance of collaboration agreement dated 11.9.2003.

It was clearly provided in the aforesaid general power of attorney executed

by the Owners in favour of Shri Moti S. Masand ( clause 17 ) that the

attorney would be competent and entitled to delegate the powers conferred

5

upon him in favour of any other person(s). Accordingly, after resignation of

Shri Moti S. Masand from M/s Vipul Ltd., resolution dated 20.2.2007 was

passed by M/s Vipul Ltd. in terms of which M/s Orchid Infrastructure

Developers Pvt. Ltd. having its office at 2nd floor, Global Arcade, Mehrauli

Gurgaon Road, Gurgaon acting through its duly authorized / appointed

Director (s) and/or Manager (s) as may be authorized /appointed by M/s

Orchid Infrastructure Developers Pvt. Ltd. and/or Shri Ajay Goel son

of Shri R.P. Goel, resident of 164, Dayanand Vihar, New Delhi were

nominated, constituted and appointed as general power of attorney vide

registered document bearing vasika no. 243/3 dated 21.3. 2007 to

jointly/severally do all acts, deeds and things on behalf of the VENDORS

including execution and registration of present sale deed. The aforesaid

general power of attorney has not been cancelled / terminated till date and

the present deed is being executed and registered in accordance with law.

WHEREAS a commercial building has been raised at the spot in accordance

with law. Occupation certificate bearing Memo. No.1527 dated 22.01.2008

has been granted by Town and Country Planning Department, Haryana,

Chandigarh. In terms of Collaboration Agreements dated 21.7.2003 seventy

two percent (72%) of the entire covered and uncovered area of the said

complex with proportionate undivided, indivisible and impartible ownership

rights in the land underneath the commercial project as also in common

areas and common facilities were/are to belong to the DEVELOPER who

would have the unhindered right to alienate the same. The property subject

matter of this sale deed has fallen to the allocation of the DEVELOPER in

terms of Collaboration Agreements referred to above.

WHEREAS Shri Vivek Jain has been duly authorized by Board of Directors

of the VENDEE vide resolution dated March 17,2008_to purchase the

6

property subject matter of this Deed, pay sale consideration and to obtain

actual physical possession of the same from the VENDORS.

WHEREAS the VENDORS are desirous of sale of duly constructed

commercial area measuring 39762 sq. ft. ( super area ) located on third floor

and area measuring 32925 sq. ft. ( super area ) located on fourth floor of

Commercial Complex named ‘Orchid Centre’ constructed on land described

above situated in revenue estate of Haiderpur Viran, Tehsil and District

Gurgaon and subject matter of license bearing No. 100 of 2005 alongwith

proportionate share in the land underneath the entire commercial complex.

The details of the commercial units are as under:-

Serial No. Unit No. Super area

(sq.ft)

Floor

1 314 1819 Third Floor














7
















Total 39762

Serial No. Unit No. Super area

(sq.ft)

Floor

1 413 1819 Fourth

2 414 969 Fourth

3 415 977 Fourth

4 412 1931 Fourth

5 411 1847 Fourth

6 410 1901 Fourth

8

7 417 662 Fourth

8 418 662 Fourth

9 409 1811 Fourth

10 421 1029 Fourth

11 422 1029 Fourth

12 408 1201 Fourth

13 423 1029 Fourth

14 407 1345 Fourth

15 426 1029 Fourth

16 406 1440 Fourth

17 428 662 Fourth

18 427 662 Fourth

19 405 1488 Fourth

20 404 2508 Fourth

21 401 2670 Fourth

22 402 2128 Fourth

23 403 2126 Fourth

Total 32925

The property described above has hereinafter been referred to as ‘ said

property’. The aforesaid property is situated beyond the Municipal limits of

Gurgaon.

WHEREAS the VENDORS were/are desirous of selling the said property

alongwith construction existing thereupon together with all proportionate,

undivided and impartible ownership rights underneath the commercial

project known as ‘Orchid Centre’ and easements etc. appurtenant thereto.

9

The said property has been shown in pink colour in the site plan annexed

with the conveyance deed which is admitted by parties to this document to

be correct as per spot. The VENDORS had approached the VENDEE for

sale of the property hereinbefore described and the same is being sold in

favour of the VENDEE on the terms and conditions set out in this sale

deed.

NOW THIS SALE DEED WITNESSETH AS UNDER:-

1. That the total sale consideration in respect of property has been settled

at Rs. 25,07,70,150/- ( Rupees Twenty Five Crore Seven Lacs

Seventy Thousand One Hundred Fifty only) The total sale

consideration amount has been paid by the VENDEE in the following

manner:-

i) Rs 50,00,000/- ( Rupees fifty lacs only ) vide Cheque

bearing no. 191551 dated 26.12.2006 drawn on Bharat

Overseas Bank.

ii) Rs 50,00,000/- ( Rupees fifty lacs only ) vide Cheque


Overseas Bank.

iii) Rs 45,00,000/- ( Rupees forty five lacs only ) vide Cheque


Overseas Bank.

iv) Rs 65,00,000/- ( Rupees sixty five lacs only ) vide Cheque


Overseas Bank.

v) Rs 80,00,000/- ( Rupees eighty lacs only ) vide Cheque


Overseas Bank.

10

vi) Rs 100,00,000/- ( Rupees one crore only ) vide Cheque


Overseas Bank.

vii) Rs 62,00,000/- ( Rupees sixty two lacs only ) vide Cheque


Overseas Bank.

viii) Rs 20,00,000/- ( Rupees twenty lacs only ) vide Cheque


Overseas Bank.

ix) Rs 46,00,000/- ( Rupees forty six lacs only ) vide Cheque


Overseas Bank.

x) Rs 24,00,000/- ( Rupees twenty four lacs only ) vide

Cheque bearing no. 191567 dated 1.3.2007 drawn on

Bharat Overseas Bank.

xi) Rs 50,00,000/- ( Rupees fifty lacs only ) vide Cheque


Overseas Bank.

xii) Rs 50,00,000/- ( Rupees fifty lacs only ) vide Cheque


Overseas Bank.

xiii) Rs 20,00,000/- ( Rupees twenty lacs only ) vide Cheque


Overseas Bank.

xiv) Rs 500,000/- ( Rupees five lacs only ) vide Cheque


Overseas Bank.

11

xv) Rs 100,00,000/- ( Rupees one crore only ) vide Cheque

bearing no. 481030 dated 11.8.2007 drawn on HDFC

Bank.

xvi) Rs 100,00,000/- ( Rupees one crore only ) vide Cheque

bearing no. 481032 dated 11.8.2007 drawn on HDFC Bank.

xvii) Rs 100,00,000/- ( Rupees one crore only ) vide Cheque


xviii) Rs 75,00,000/- ( Rupees seventy five lacs only ) vide


HDFC Bank.

xix) Rs 100,00,000/- ( Rupees one crore only ) vide Cheque

bearing no. 481033 dated 11.8.2007 drawn on HDFC

Bank.

xx) Rs 25,00,000/- ( Rupees twenty five lacs only ) vide


Bharat Overseas Bank.

xxi) Rs 100,00,000/- ( Rupees one crore only ) vide Cheque


xxii) Rs 100,00,000/- ( Rupees one crore only ) vide Cheque


xxiii) Rs 100,00,000/- ( Rupees one crore only ) vide Cheque


xxiv) Rs 50,00,000/- ( Rupees fifty lacs only ) vide Cheque


xxv) Rs 10,00,000/- ( Rupees ten lacs only ) vide Cheque


Overseas Bank.

12

xxvi) Rs 40,00,000/- ( Rupees forty lacs only ) vide Cheque

bearing no. 870751 dated 29.8.2007 drawn on Union Bank

of India.

xxvii) Rs 29,00,000/- ( Rupees twenty nine lacs only ) vide


Union Bank of India.

xxviii) Rs 1,00,00,000/- ( Rupees one crore only ) vide Cheque


of India.

xxix) Rs 1,00,00,000/- ( Rupees one crore only ) vide Cheque


of India.

xxx) Rs 1,00,00,000/- ( Rupees one crore only ) vide Cheque


of India.

xxxi) Rs 45,00,000/- ( Rupees forty five lacs only ) vide Cheque


of India.

xxxii) Rs 1,00,00,000/- ( Rupees one crore only ) vide Cheque


of India.

xxxiii) Rs 1,00,00,000/- ( Rupees one crore only ) vide Cheque


of India.

xxxiv) Rs 1,00,00,000/- ( Rupees one crore only ) vide Cheque


of India.

13

xxxv) Rs 1,00,00,000/- ( Rupees one crore only ) vide Cheque


of India.

xxxvi) Rs 25,00,000/- ( Rupees twenty five lacs only ) vide


HDFC Bank.

xxxvii) Rs. 1,41,70,150/- (Rs. 1 crore forty one lacs seventy

thousand one hundred fifty only) vide cheque bearing no.

191573 dated_28-03-2008 drawn on Indian Overses Bank

Ltd. Delhi.

The VENDORS have thus received the entire sale consideration in

respect of the said property and all rights appurtenant thereto from

the VENDEE and no amount whatsoever is outstanding or payable

to them towards sale consideration by the VENDEE.

2. That the VENDEE has become full fledged and lawful owner in

possession of the said property alongwith proportionate undivided,

indivisible and impartible ownership rights in the land underneath the

commercial project as also in common areas and common facilities,

construction existing thereupon and all rights appurtenant thereto and

VENDEE shall be entitled to hold and enjoy the same absolutely

without any let, hindrance, interruption, disturbances, claim or

demand from the VENDORS or any person claiming under or

through the VENDORS. The VENDORS have not been left with any

right, title or interest whatsoever in the property. Actual physical

possession of the property has been delivered at the spot to the

VENDEE.

14

3. That the stamp and registration expenses have been incurred by the

VENDEE.

4. That the VENDEE shall be entitled to use and utilize the property in any

manner deemed fit by it and the VENDORS undertake not to raise any

objection to the same. The VENDORS have assured the VENDEE that

they have got a clear marketable title in respect of the property and they

are entitled to sell the same to the VENDEE. VENDORS have further

assured the VENDEE that the property is free from all types of

encumbrances, acquisition proceedings, charges, taxes, tenancy, liens,

restraint orders, mortgages, attachments etc. and no litigation or dispute

whatsoever is pending in respect of the same before any court or

authority. VENDORS have further assured the VENDEE that they

have not entered into any agreement of sale in favour of any other third

party relating to the property. VENDORS declare and represent that the

said property is not subject matter of any HUF and none except the

VENDORS have any right, title or interest of any kind whatsoever in

whole or any part of the said property and further there is no impediment

in right and authority of the VENDORS to sell the said property.

5. That the VENDORS have assured the VENDEE that there are no

dues, cesses, rates or taxes due or outstanding as on the date of

execution of this sale deed to any one in respect of the property sold

to the VENDEE and in case any such dues are found payable, the

same shall be paid by the VENDORS. The VENDORS have assured

the VENDEE that no amount towards any account upto date of

execution and registration of this sale deed is outstanding or payable

to the DEVELOPER , maintenance agency of the Complex or to any

one else etc. and in case any such dues are found payable upto the

15

date of execution of this sale deed, the same shall be paid by the

VENDORS.

6. That the VENDORS are not left with any right, interest or title in the

property and the VENDEE are its absolute owners in possession.

7. That the VENDEE shall be entitled to get their names reflected as

owners in possession of the property subject matter of this sale deed

in the records of M/s Orchid Infrastructure Developers Pvt. Ltd. as

well as the maintenance agency and all other relevant records.

VENDORS shall execute all such documents and do all requisite acts,

deeds and things as may be required for getting incorporated name of

the VENDEE in records of M/s Orchid Infrastructure Developers

Pvt. Ltd. and the maintenance agency etc. in terms of this sale deed.

8. That in the event of property/ part thereof being lost to the VENDEE

on account of defective title of the VENDORS or on account of any

concealment on their part, the VENDORS shall recoup the VENDEE

for such loss together with all litigation expenses incurred by the

VENDEE and damages suffered by them.

9. That the VENDEE shall be bound to execute requisite agreements etc.

in the prescribed proforma with the maintenance agency entrusted

with the task of maintenance of Orchid Centre.

16

IN WITNESS WHEREOF the VENDORS and VENDEE

aforementioned have executed this sale deed on the date and place first

mentioned above.

Witnesses

1. VENDORS

(i) Shri Bharat Singh, (ii) Shri Daya Ram, both sons of Shri Nathu, (iii) Shri Shiv Narain son of Shri Sish Ram, (iv) Shri Sadanand (son),(v) Shri Brahmanand(son), (vi) Shri Ramanand(son) of Shri Shiv Narain through their general power of attorney Shri Ajay Goel son of Shri R.P. Goel, (vii) M/s Vipul Ltd. through its duly constituted attorney Shri Ajay Goel (Viii) M/s Orchid Infrastructure Developers Private Limited through its Authorized Signatory Sh. Ajay Goel

VENDEE

M/s Garwal Properties Pvt. Ltd. through its duly authorized person Shri Vivek Jain

17

Conveyance Deed-garwal Orchid Final

Documents

Transcript of Conveyance Deed-garwal Orchid Final