THIS AGREEMENT FOR SALE OF FLAT is made and entered into at

Mumbai on this ____ day of ____________ 2017.

BETWEEN

OMKAR REALTORS & DEVELOPERS PRIVATE LIMITED, a Company

incorporated under the provisions of Companies Act, 1956 and governed
under the Companies Act, 2013, and having its registered office at Omkar
House, Opp. Sion Chunabhatti Signal, Off Eastern Express Highway, Sion
(East), Mumbai – 400 022 (hereinafter referred to as “the Promoter”)
(which expression shall unless it be repugnant to the context or meaning
thereof be deemed to mean and include its successors and assigns) of the
ONE PART;

AND

Mr./Miss./Mrs./M/s. _________________________________________, an
adult Indian Inhabitant, residing at___________________________
hereinafter referred to as "the Allottee/s" (which expression, shall unless it
be repugnant to the context or meaning thereof be deemed to mean and
include in case of an individual or individuals his/her/their respective heirs,
executors, administrators and permitted assigns and in case of a body
corporate its successors, and permitted assigns and in case of a partnership
firm the partners from time to time of the said firm, the heirs, executors,
administrators of the last surviving partner and in case of a Hindu Undivided
Family, the Karta and the members for the time being and from time to time
the Coparceners and the survivors or survivor of them and the heirs,
executors and administrators of the last survivor of them and the heir or his
permitted assign and in case of trust, trustees for the time being and from
time to time of the trust and the survivors or survivor of them and the heirs
executors and administrators of the last survivor of them and the heir or his
permitted assign) of the OTHER PART.

1
WHEREAS :

A. The Municipal Corporation of Greater Mumbai is the Owner of the

property bearing C.S. no. 286(pt.), 793(pt.),913, 1629(pt.) which is now
numbered as C.S. no. 7D/1629, 6/1629 which is now renumbered as
C.S.No.6A/1629 and 6B/1629 of Lower Parel Division. The land bearing
C.S. no. 1629(pt.) and 6/1629(pt) are the censused slum and land
bearing C.S. no. 286(pt.) and 793(pt.) of Lower Parel Division are
declared slum. The said Property is more particularly described in the
First Schedule hereunder written.

B. The property bearing C.S.No.1/914 and 3/914 of Lower Parel Division

has been declared as Slum Rehabilitation Area under section 3(c) of the
Maharashtra Slum Areas (Improvement, Clearance & Regulation) Act,
1971 (hereinafter referred to as “the Slum Act”) by the Slum
Rehabilitation Authority in exercise of its power under the Slum Act vide
Notification dated 2nd November, 2010 bearing number
SRA/CTSO/Desk-1/T-S1/3C/Mahalaxmi/2010/2829. The property
bearing C.S.No.1/914 of Lower Parel Division admeasuring 41.81
square meters stands in the name of Shri Kashinath Devji Dhru in the
PR Card issued by the Collector and the land bearing CS no. 3/914 of
Lower Parel Division of Mumbai admeasuring 174.75 square meters
stands in the name of (i) Trimbak Gajanan Gadre (ii) Ochhavlal
Shankarlal Kantawala (iii) Nariman Dusabhai Shahukar (iv) Manik
Gajanan Dandekar and (v) Keshav Gajanan Birmole (all the Trustees of
Maruti Mandir). The whereabouts of all the Trustees are not known. The
State Government has acquired property bearing C.So.Nos.1/914 and
3/914 under section 14 of the Slum Act and issued Gazette Notification
dated 16th September, 2014 to that effect. The property bearing
C.S.Nos.1/914 and 3/914 vests in the State Government. The said
Property bearing C.S.No.1/914 and 3/914 is more particularly described
in the Second Schedule hereunder written and hereinafter referred to as
“the Government’s Property”.

C. The land bearing C.S. no. 2/914 of Lower Parel Division admeasuring
2396.80 square meters which belonged to M/s. Vighnaharta Properties
Pvt. Ltd. has been acquired by the Promoter by Indenture of
Conveyance dated 2nd day of July, 2010 made and executed by the said
M/s. Vighnaharta Properties Pvt. Ltd. in favour of the Promoter and
which is registered with the Sub-Registrar of Assurances Mumbai under

2
 Sr. no. BBE-3/6692 of 2010.The said Property bearing C.S. no. 2/914 of
Lower Parel Division is more particularly described in the Third
Schedule hereunder written and hereinafter referred to as “the
Promoter’s first property”.

D. The Municipal Corporation of Greater Mumbai is the Owner of the

property bearing C.S. no. 7E/1629 of Lower Parel Division admeasuring
about 1081.12 square meters. The Municipal Corporation of Greater
Mumbai has granted lease of the said Property/Larger Land by
Indenture of Lease dated 27thday of December, 2001 to the Industry
House Premises Co-op. Society Limited for the period of 999 years
commencing from 1stday of September, 1950 for lease rent and on the
terms and conditions set-out therein. The said Indenture of Lease is
registered with the Sub-Registrar of Assurances at Mumbai under Sr.
no. BBE-9052 of 2001. By Deed of Assignment dated 6th day of May,
2007 made and executed by and between M/s. Industry House
Premises Co-op. Society Limited therein referred to as the Assignor, the
Crest Animation Studio formally known as “Crest Communication
Limited” and its 9 (nine) nominees therein referred to as members and
the Promoter herein and therein referred to as the Assignee, the said
Assignor and the said members assigned their right, title and interest in
the said leasehold property to the Promoter herein. The said Deed of
Assignment is duly registered with the Sub-Registrar of Assurances
Bombay under Sr. no. BBE-1/2143 of 2007. The said Property bearing
C.S. no. 7E/1629 of Lower Parel Division is more particularly described
in the Fourth Schedule hereunder written and hereinafter referred to as
“the Promoter’s Second Property”. Ms. Kala Vazirani had premises
on the property which was demolished after filing consent terms in the
High Court. As per the consent terms the Promoter is liable to provide a
commercial premises of an area admeasuring 863 sq. ft. carpet area on
the ground floor along with floor to floor height of 3.9 mts. and also a loft
admeasuring 287.66 sq. ft.

E. The land bearing C.S. nos. 914, 4/914, 915, 1/913 and 1A/913 of Lower
Parel Division are owned by (i) Kash Foods Pvt. Ltd. (ii) Nakul Arya and
(iii) Varun Arya. The said Property bearing C.S. nos. 914, 4/914, 915,
1/913, 1A/913 of Lower Parel Division owned by (i) Kash Foods Pvt.
Ltd. (ii) Nakul Arya and (iii) Varun Arya is more particularly described in
the Fifth Schedule hereunder written and hereinafter referred to as “the
Kash Food’s & Ors. Property”).

3
F. The said (i) Kash Foods Pvt. Ltd. (ii) Nakul Arya and (iii) Varun Arya
have executed a Development Agreement dated 10th April, 2013 with
the Promoters for grant of development rights of “the Kash Food’s &
Ors. Property”) on the terms and conditions set out therein. The said
Development Agreement is duly registered with the Office of the Sub-
Registrar of Assurance under serial number BBE-5/1775 of 2013 on 16th
April, 2013. Prior to acquiring the land bearing C.S. no. 914 of Lower
Parel Division by the Kash Foods Pvt. Ltd., the then Owner Mr.Vinod
Behari Bhatia had executed an Indenture of Lease dated 18th January,
1978 demising the land admeasuring 1848 Square Meters bearing
C.S. no.914(part) of Lower Parel Division to Jallo Subsidiary Industries
Company (Ind.) Pvt. Ltd. for the period of 75 years commencing from 1st
January, 1978 for rent and on the terms and conditions set-out in the
said Indenture of Lease. The said Indenture of Lease is registered with
the Sub-Registrar of Assurances under Sr. no. BOM-1271 of 1978. The
said Jallo Subsidiary Industries Company (Ind.) Pvt. Ltd. is a wholly
owned Subsidiary of the Promoters. Pursuant to the Resolution passed
by the Board of Directors in the meeting held on 22nd February, 2013
the Jallo Subsidiary Industries Company (Ind.) Pvt. Ltd. has resolved for
voluntary winding up of the Jallo Subsidiary Industries Company (Ind.)
Pvt. Ltd. The Jallo Subsidiary Industries Company (Ind.) Pvt. Ltd. has
intimated the Ministry of Corporate Affairs/Registrar of Companies by
filing necessary forms for voluntary winding up. By its resolution dated
22nd February, 2013 the shareholders of the Jallo Subsidiary Industries
Company (Ind.) Pvt. Ltd. has appointed Mr. Gaurav V. Gupta as
Liquidator of the company. The Liquidator, Mr. Gaurav Gupta has
entered into and executed an Indenture of Assignment dated 23rd May,
2013 whereby assigning the leasehold rights in favour of Promoters as
the Shareholder of Jallo Subsidiary Industries Company (Ind.) Pvt. Ltd.
The Indenture of Assignment is duly registered with the Office of the
Sub-Registrar of Assurances Bombay under serial number BBE-5/2499
of 2013 on 24th May, 2013. The said leasehold property is more
particularly described in the Sixth Schedule hereunder written and is
hereinafter called “Promoter’s Third Property”.

G. There was a reservation of recreation ground (RG) on part of the said

Property/ Larger Land bearing C.S.Nos.286(part) and 793(part). The
Promoter has filed an Undertaking before the Hon’ble High Court of
Bombay in Writ Petition No.1152 of 2002 for relocating the RG within

4
 the layout. The Promoter shall handover RG to MCGM free of cost as
per the conditions of the Letter of Intent issued by SRA. The proposed
RG is to be relocated on C.S.No.7D/1629(pt), 6A/1629(pt) and
6B/1629(pt) of the Lower Parel Division. The proposed RG is indicated
on Annexure “1” in green colour wash.

H. The Promoter has prepared composite scheme for redevelopment of

the properties which are more particularly described firstly, secondly in
the First Schedule, Second Schedule, Third Schedule, Fourth Schedule,
Fifth schedule and Sixth Schedule hereunder written. The property more
particularly described in the First Schedule, the Second Schedule, the
Third Schedule, Fourth Schedule, Fifth schedule and Sixth Schedule is
indicated on Annexure – “1” in red color boundary line. The properties
more particularly described in the First Schedule, Second Schedule,
Third Schedule, Fourth Schedule, Fifth schedule and Sixth Schedule
are hereinafter collectively referred to as “the said Larger Land”.

I. The layout as proposed on the said Larger Land mainly consists of

three parts apart from buildable reservations and non-buildable
reservations, open spaces if any to be provided as per contemporary
statutory norms within the layout. The First Part of the said Larger Land
which is being redeveloped and at present consists of a Building
comprising three residential towers (wings). The First part of the said
Larger Land on which at present the residential building comprising of
three Towers (wings) is being constructed shall hereinafter be referred
to as “the said Project Land; which is indicated on Annexure 1 in red
color boundary line with sky blue color wash. The said Project Land is
more particularly described in the Seventh Schedule hereunder written.
The said Project Land shall be connected by proposed access road to
D.P. road more particularly described in the Eighth Schedule hereunder
written (which is hereinafter called “the said proposed access road”).
The Second Part of the said Larger Land is to rehabilitate the slum
dwellers as shown on Annexure 1 with yellow color wash and
hereinafter referred to as “the said Rehab Portion”. The Third Part of the
said Larger Land is earmarked for construction of ”Proposed Sale
Building” for any purpose whatsoever as the Promoter may deem fit and
proper as shown on Annexure 1 with pink color wash; on the
Promoter’s Second Property” described in the Fourth schedule
hereunder written.

5
J. The development / redevelopment of the Project Land comprises of 3
(three) residential towers being Sale Tower “1”, Sale Tower “2” and Sale
Tower “3”. At present the Plans for the Sale Towers 1, 2 and 3 as
sanctioned by SRA are as follows :-

a) Sale Tower 1 comprising of 3 levels of basements + Ground + 3rd

to 10th podium + 11th podium floor as Mechanical floor + 12th
podium floor as Mechanical Mezzanine floor + 13th podium floor &
14th floor as Amenity floors + 15th fire check floor + 16th to 75th
Upper floors.

b) Sale Tower 2 comprising of 3 levels of basements + Ground + 3rd

to 10th podium + 11th podium floor as Mechanical floor + 12th
podium floor as Mechanical Mezzanine floor + 13th podium floor &
14th floor as Amenity floors + 15th fire check floor + 16th to 75th
Upper floors.

c) Tower 3 comprising of 3 levels of basement + Ground + 3rd to 10th

podium + 11th podium floor as Mechanical floor + 12th podium
floor as Mechanical Mezzanine floor + 13th podium floor & 14th
floor as Amenity floors + 15th fire check floor + 16th to 70th Upper
floors.

K. The Promoter has also got approvals in respect of Public Parking as

follows :-
a) 1st & 2nd basements + 1st and 2nd podiums of the Sale building no.
1, with separate entry and exits. (“Public Parking Lot 1 or PPL 1”)

b) 3 basements + Ground + 4 podiums with separate entry and exits.

(“Public Parking Lot 2 or PPL 2”).

L. The Promoter has proposed revised Plans for the Sale Towers 1, 2 and
3 in view thereof the revised configuration in respect thereof is as
follows:

a) Sale Tower 1 comprising of 3 levels of basement + Ground + 3rd to

10th podium + 11th podium floor as Mechanical floor + 12th
podium floor as Mechanical Mezzanine floor + 13th podium floor &
14th floor as Amenity floors + 15th fire check floor + 16th to 75th
Upper floors.

6
 b) Tower 2 comprising of 3 levels of basement + Ground + 3rd to 10th
podium + 11th podium floor as Mechanical floor + 12th podium floor
as Mechanical Mezzanine floor + 13th podium floor & 14th floor as
Amenity floors + 15th fire check floor + 16th to 79th Upper floors.

c) Tower 3 comprising of 3 level of basement + Ground + 3rd to 10th

podium + 11th podium floor as Mechanical floor + 12th podium
floor as Mechanical Mezzanine floor + 13th podium floor & 14th
floor as Amenity floors + 15th fire check floor + 16th to 70th Upper
floors.

M. The Promoter has completed construction of the Sale Tower 1, Sale

Tower 2 and Sale Tower 3 and have received part Occupation
Certificate from time to time and last being on 28th July, 2017 from Slum
Rehabilitation Authority as under:-
(a) for Sale Tower 1 upto 69th floors,
(b) for Sale Tower 2 upto 54th floor (part)
(c) Sale Tower 3 upto 15th floors.

N. In Sale Tower 1, Occupation Certificate has been issued upto 69th

habitable floor. Out of the balance 6 (six) floors, 3 (three) floors are
retained by Mr. Nakul Arya and Mr. Varun Arya (hereinafter referred to
as “the Co-Promoters”) towards their share and other three floors are
mechanical floors and hence there is no sale of any apartment. In view
thereof the Promoter has not registered the Sale Tower 1 with Maha
RERA.

O. The Promoter is redeveloping part of the Project Land being “Sale

Tower B” above 54 floors (part) and “Sale Tower C” above 15 floors
(hereinafter referred to as the “Said Buildings”) is the first phase of the
Whole Project and proposed as a “Real Estate Project” by the Promoter
and have registered the same as a ‘Real Estate Project’ bearing
registration number P51900003316 (“the Project”) with the Real Estate
Regulatory Authority (“Authority”), under the provisions of Section 5 of
the Real Estate (Regulation and Development) Act, 2016 (“RERA”) read
with the provisions of the Maharashtra Real Estate (Regulation and
Development) (Registration of Real Estate Projects, Registration of
Real Estate Agents, Rates of Interest and Disclosures on Website)
Rules, 2017 (“RERA Rules”) hereinafter referred to as “the said Act”.

7
 The authenticated copy of the RERA certificate for the Project is
annexed and marked as Annexure “2”.

P. The construction of the Proposed Sale Building on Promoter’s Second

Property shall be referred as “Second Phase” and shall be registered as
a ‘Real Estate Project’ with the Authority under the provisions of section
5 of RERA read with RERA Rules. The Promoter will be making
necessary applications for registration of the Project;

Q. The Building comprising of three Towers to be constructed for the

purpose of sale on the said Project Land are numbered as Sale Tower
A, Sale Tower B and Sale Tower C. Sale Tower A, Sale Tower B and
Sale Tower C are described as Sale Tower 1, Sale Tower 2 and Sale
Tower 3 respectively in the plans approved by SRA.

R. The Slum Rehabilitation Authority has issued LOI bearing No.

SRA/ENG/1308/GS/ML/LOI dated 26th October, 2007 to the Promoter
(which is hereinafter called the said First LOI) for redevelopment of the
said Larger Land.

S. Thereafter the Slum Rehabilitation Authority has issued LOI bearing

No.SRA/ENG/1308/GS/ML/LOI dated 6th September, 2008 to the
Promoter (which is hereinafter called the said Second LOI) for
redevelopment of the said Larger Land.

T. Thereafter the Slum Rehabilitation Authority has issued LOI bearing No.
SRA/ENG/1308/GS/ML/LOI dated 21st January, 2009 to the Promoter
(which is hereinafter called the said Third LOI) for redevelopment of the
said Larger Land.

U. Thereafter the Slum Rehabilitation Authority has issued LOI bearing No.
SRA/ENG/1308/GS/ML/LOI dated 7th April, 2011 (which is hereinafter
called the said Fourth LOI) to the Promoter for redevelopment of the
said Larger Land.

V. Thereafter the Slum Rehabilitation Authority has issued LOI bearing No.
SRA/ENG/1308/GS/ML/LOI dated 23rd February, 2015 (which is
hereinafter called the said Fifth LOI) to the Promoter for clubbing of the
said Larger Land with other property.

W. By an Intimation of Approval No. SRA/ENG/2162/GS/ML/AP dated 1 st

August, 2011 the Slum Rehabilitation Authority has approved the

8
 proposal of the construction of Sale Towers to be erected on the said
Project Land;

X. By Amended Plans under reference No.SRA/ENG/2162/GS/ML/AP

dated 3rd March, 2015, the Slum Rehabilitation Authority has approved
the amended plans for construction of Sale Towers on the said Project
Land;

Y. By its Commencement Certificate No. SRA/ENG/2162/GS/ML/AP dated

20th October, 2011, which was revised from time to time and last revised
Commencement Certificate received on 12th June, 2017 the Slum
Rehabilitation Authority has granted permission to carry on construction
of Sale Tower A upto 69th floor and Sale Tower B upto 67th floor and
Sale Tower C upto 37th floor on the said Project Land

Z. By its letter No. ChE/1436/MC/Rds&tr/C-72 dated 7th October, 2014, the

Municipal Corporation of Greater Mumbai, Chief Engineer (Road &
Traffic) Department has granted permission for public parking scheme
under DCR 33 (24) on the said Larger Land to the Promoter.

AA. By amended plans under reference No. SRA/ENG/2162/GS/ML/AP

dated 22nd January, 2016, the Slum Rehabilitation Authority has
approved the amended plans submitted by the Promoter for
construction of sale towers on the said Project Land.

BB. Thereafter the Slum Rehabilitation Authority has issued LOI bearing No.
SRA/ENG/1308/GS/ML/LOI dated 25th November, 2016 (which is
hereinafter called the said Sixth LOI) to the Promoter for clubbing of the
said Larger Land with other property.

CC. By amended plans under reference number SRA/ENG/2162/GS/ML/AP

dated 14th December, 2016, the Slum Rehabilitation Authority has
approved the amended plans submitted by the Promoter for
construction of sale towers on the said Project Land.

DD. The Slum Rehabilitation Authority by its letter dated 7th March, 2017
bearing No. SRA/ENG/2162/GS/ML/AP has issued Part Occupation
Permission for Tower 1 and Tower 2 consisting of 03 basement +
Ground + 10 Parking Floors + 01 Mech. Floor + 01 Mechmezz Floor + 2
Amenities Floor + 1 Fire Check + 16th to 51st upper Residential Floor.

9
EE. The Slum Rehabilitation Authority by its letter dated 28th July, 2017
bearing No.SRA/ENG/2162/GS/ML/AP has issued Part Occupation
Permission for 02 & 01 basements + ground + 1 & 2 parking floors + 52
to 69th upper residential floors for Sale Tower 1 and 52nd to 54th part
upper residential floors of Sale Tower 2.

FF. The said Larger Land has been “Clubbed” with 3 other SRA Schemes,
namely (i) “Ganeshwadi Utkarsh SRA Co-Op. Hsg. Society Ltd.”
situated on plot bearing C.S.Nos.200(pt), 201, 3/159(pt) & 205(pt) of
Parel Sewri Division in F/S Ward, (ii) “Shaikh Mishree SRA CHS Ltd.”
situated on plot bearing C.S.No.1/362(pt) of Matunga Division at 18.30
mtr Shaikh Mishree Road, Antop Hill, Wadala, Mumbai in F/N ward &
(iii) “Anand Nagar SRA Co-Op. Hsg. Society Ltd.” situated on plot
bearing C.S.Nos.195(pt), 196(pt), 197(pt), 200(pt), 201(pt), 1/204,
205(pt) and 207 of Salt Pan Division, Antop Hill, Wadala, Mumbai – 400
037 in F/N Ward, which schemes are also being undertaken for
redevelopment by the Promoter as per clause 7.8 of Appendix IV to
DCR 33(10) amended up to date. The clubbing of the scheme has been
approved by the Slum Rehabilitation Authority vide its Letter of Intent
bearing reference No.SRA/ENG/1308/GS/ML/LOI dated 25th November,
2016.

GG. The Promoter has constructed Rehab Wings C to I and shall construct
Rehab Wing B on the designated portion of the said Larger Land in
consonance with approved plans as shown in the layout plan annexed
herewith and marked as Annexure “3”;

HH. The Promoter has entered into a standard agreement with an Architect
Mr. Anand V. Dhokay, registered with the Council of Architects and such
agreement is as per the agreement prescribed by the Council of
Architects. The Promoter have appointed BuroHappold as structural
Engineer for preparation of the structural design and drawings of the
Building and the Allottee/s accept the professional supervision of the
said Architect and the said Structural Engineer till the completion of the
said Buildings/ Sale Towers. The Promoter has appointed BuroHappold
as R. C. C. Consultant.

II. The Promoter has got some of the approvals from the concerned local
authority as stated herein and shall obtain the balance approvals from
various authorities from time to time, so as to obtain Building
Completion Certificate or Occupation Certificate of the said Building;

10
JJ. The Promoter has started construction work of the Sale Towers in
accordance with the sanctioned plans, proposed plans and approvals
and permissions, as referred hereinabove.

KK. The Promoter is offering residential flats on ownership basis together

with beneficial right for car parking space under stilt/in the basement/ on
Podium/ of the said Sale Towers.

LL. The Allottee/s has/have inspected the following documents:-

(i) LOI bearing No. SRA/ENG/1308/GS/ML/LOI dated 26th
October, 2007 (First LOI) issued by Slum Rehabilitation
Authority;
(ii) LOI bearing No. SRA/ENG/1308/GS/ML/LOI dated 6th
September, 2008 (Second LOI) issued by Slum Rehabilitation
Authority;
(iii) LOI bearing No. SRA/ENG/1308/GS/ML/LOI dated 21st
January, 2009 (Third LOI) issued by Slum Rehabilitation
Authority
(iv) LOI bearing No. SRA/ENG/1308/GS/ML/LOI dated 7th April
2011 (Fourth LOI) issued by Slum Rehabilitation Authority
(v) LOI bearing No. SRA/ENG/1308/GS/ML/LOI dated 23rd
February, 2015 (fifth LOI) issued by Slum Rehabilitation
Authority
(vi) Intimation of Approval No. SRA/ENG/2162/GS/ML/AP dated
1st August, 2011 issued by the Slum Rehabilitation authority for
Sale Towers;
(vii) Commencement Certificate No. SRA/ENG/2162/GS/ML/AP
dated 20th October, 2011 issued by Slum Rehabilitation
Authority in respect of Sale Tower No. A, B & C and extended
from time to time;
(viii) Amended Plans bearing reference number
SRA/ENG/2162/GS/ML/AP dated 22nd January, 2016;
(ix) LOI bearing No. SRA/ENG/1308/GS/ML/LOI dated 25th
November, 2016 (Sixth LOI) issued by Slum Rehabilitation
Authority.
(x) Amended Plans bearing reference number
th
SRA/ENG/2162/GS/ML/AP dated 14 December, 2016;
(xi) Sanctioned plan of the Sale Towers to be constructed on the
said Larger Land;

11
 (xii) Part Occupation Permission bearing No.
SRA/ENG/2162/GS/ML/AP dated 7th March, 2017 issued by the
Slum Rehabilitation Authority;
(xiii) Part Occupation Permission bearing No.
SRA/ENG/2162/GS/ML/AP dated 28th July, 2017 issued by the
Slum Rehabilitation Authority
(xiv) Property Cards of the said Larger Land.
(xv) Title Certificate of Law Firm of Khona dated 16th November,
2010, 24th November, 2010, 25th March, 2014, 1st April, 2014
and 16th April, 2015 in respect of Project Land.

MM. The Allottee/s has/have carefully read and understood the contents and
meanings of each of the clauses of this Agreement, along with all the
aforesaid and hereunder relevant information furnished by the Promoter
and the Allottee/s has/have also taken independent legal advice and
only thereafter he/she/they has/have agreed to enter into this
agreement;

NN. Details of “Proposed Building on Existing Reservations

(i) The Promoter shall be entitled to entire unconsumed, increased,
additional, future and extra F.S.I. which may be available in
respect of the said Larger Land on any account or due to any
reason whatsoever, including on account of handing over to the
Government or the Municipality or altering, shifting, relocating, any
buildable/non-buildable reservations on the said portions of said
Larger Land Viz. set back area, Receiving Station and any other
reservations shall absolutely and exclusively belong to and be
available to the Promoter for utilisation and consumption on the
Third Part of the said Larger Land i.e. Second Phase which is at
present reserved for Receiving Station which shall be developed
as a proposed/ separate phase by constructing sale building and
the same shall not affect the existing development that is
proposed on the said Project Land and neither the Allottee/s nor
the Organization/Apex Body/Federation shall have or claim any
rights, benefits or interest whatsoever including for use and
consumption in respect thereof and/or object to, obstruct or hinder
on grounds of inconvenience and/or of light and ventilation and/or
density and environment and/or of water and electricity; The
existing buildable/non-buildable reservations, open space inter

12
 alia Receiving Station etc are shown in existing layout being
Annexure “3” annexed herewith.

(ii) The Promoter shall be entitled to the entire unconsumed and

residual floor space index (“FSI”) in respect of the said Larger
Property (including the Project Land), and the entire increased,
additional, available, future and extra FSI, whether by way of
purchase of FSI from any authority by payment of premium or
price, the change of law and policy, the purchase of transferable
development rights (TDR) thereof and/or FSI which is not
computed towards FSI by any concerned authority or due to
proposed changes in layout by implementing various scheme as
mentioned in Development Control Regulations or based on
expectation of increased FSI which may be available in future on
modification of Development Control Regulations, and
Development Plan 2034 which are applicable to the development
of said Larger Land including the said Project Land or otherwise
by any other means whatsoever, which shall absolutely and
exclusively belong to and be available to the Promoter for
utilization and consumption on the Third Part of the Said Larger
Land i.e. Second Phase which is at present reserved for Receiving
Station and which shall be developed as a proposed /separate
phase and the same shall not affect the existing development that
is proposed on the said Project Land and /or on the said Larger
Land and neither the Allottee/s nor the Organization/ Apex Body/
Federation shall have or claim any rights, benefits or interest
whatsoever including for use and consumption in respect thereof
and/or object to, obstruct or hinder on grounds of inconvenience
and/or of light and ventilation and/or density and environment
and/or of water and electricity;

OO. In accordance with and subject to the terms and conditions set out in
this Agreement, the Promoter hereby agrees to sell and the Allottee/s
hereby agrees to purchase and acquire, the said Flat(s)/Apartment(s)
and the right to use the Common Areas and Limited Common Areas in
the said Building “Omkar 1973” in the manner hereinafter appearing;

PP. The Promoter has agreed to sell to the Allottee/s and the Allottee/s
has/have agreed to purchase and acquire from the Promoter,
residential Flat No. _______ in ____ Sale Tower _____ on the _____

13
 floor of the Building known as “Omkar 1973” and more particularly
described in the Ninth Schedule hereunder written developed on the
said Project Land at or for the price of Rs. ________________
(Rupees ____________________________ __________________
Only) and upon the terms and conditions mentioned in this Agreement
(“Purchase Price”). Prior to the execution of these presents, the
Allottee/s has/have paid to the Promoter a sum of Rs.
__________________ (Rupees _____________________________
______________________________________ Only), being part
payment of the Purchase Price of the said Flat(s)/Apartment(s) agreed
to be sold by the Promoter to the Allottee/s as advance payment (the
payment and receipt whereof the Promoter both hereby admit and
acknowledge)

QQ. The carpet area of the said flat is

(a) [●] Sq.mtrs Carpet area as per MOFA;
(b) [●] Sq.mtrs Carpet area (net usable area) as per RERA.
(c) [●] Sq.mtrs area of Appurtenant/Exclusive Area for exclusive
use of Purchaser/s as per RERA (viz. Enclosed Balcony/
Terrace/ service area etc. in the said sale Buildings/ Tower.

"Carpet Area" as per RERA means the net usable floor area of Flat(s),
excluding the area covered by the external walls, areas under services
shafts, exclusive balcony appurtenant to the said Flat(s)/Apartment(s)
for exclusive use of the Allottee/s or verandah area and exclusive open
terrace area appurtenant to the said Flat(s)/Apartment(s) for exclusive
use of the Allottee/s, but includes the area covered by the internal
partition walls of the Flat(s)/Apartment(s). “The Carpet Area” as per
MOFA means and includes area of all floors measured from wall to wall,
including area of floors under the internal walls of the said flat and
internal columns of the said flat plus area of the balcony attached to the
said flat;

RR. The parties relying upon the confirmations, representations and

assurances of each other to faithfully abide by all the terms, conditions
and stipulations contained in this Agreement and all applicable laws, are
now willing to enter into this Agreement on the terms and conditions
appearing hereinafter;

14
SS. The Allottee/s agree/s that the size of the said Flat(s)/Apartment(s) shall
be as per the plans approved by Slum Rehabilitation Authority or
concerned statutory authority which are already inspected by the
Allottee/s and have completely satisfied himself / herself / themselves in
respect thereof and the Allottee/s shall not make any grievance alleging
the inadequacy of area of the said Flat(s)/Apartment(s) to the Slum
Rehabilitation Authority;

TT. Under Section 13 (1) of the said Act the Promoter is required to execute
a written Agreement for sale of Premises to the Allottee/s, being in fact
these presents and also to register said Agreement under the
Registration Act, 1908.

UU. Income Tax Permanent Account Number of the Parties are as under:-

Name Of The Party PAN No.

M/s. Omkar Realtors & Developers Pvt. Ltd. AAACO7919F
_______________________ ____________

Now This Agreement Witnesseth and It Is Hereby Agreed By and

Between the Parties Hereto As Follows:-

1. The parties herein agree and declare that the recitals as incorporated
hereinabove shall form the integral part of operative part of this
agreement.

2. Definitions :-
The following expressions used herein shall mean the following,
namely:-

(a) “The said flat” shall mean the flat No.______ on the ____floor,
in Sale Tower viz. “___” of the Building known as “Omkar 1973
Worli”;
(b) “Possession Date” shall mean December, 2020 subject to
grace period of ______ years;
(c) “Address of the Allottee/s” shall mean __________________
__________________________________________________
______________________________;
(d) “Building Name” shall mean “Omkar 1973 Worli”;

15
 (e) “Monthly Contribution” shall mean Rs._____________
(Rupees ____________________________________ only)
per square meters per month;
(f) The term “Allottee/s” herein may include the female gender or
in the event there is more than one Allottee, the derivative term
used herein with reference to the said expression shall be
construed accordingly. If the Allottee is a Partnership Firm, the
said term unless repugnant to the context or meaning thereof
mean and include the partners from time to time of the said firm
and the heirs, executors and the executors of the last surviving
partner. If the Allottee is a Company or Society, the said term
shall wherever appropriate mean and include its successors
and assigns. In other cases, the said term wherever appropriate
shall mean and include all persons claiming right, title and
interest through such Allottee including his/her/their successors
in interest.

3. Construction and Development

3.1 The Promoter shall construct the said Building as mentioned in

Recitals herein, on the said Project Land in accordance with
the plans, designs and specifications as approved by the
concerned local authority from time to time.

3.2 Provided that the Promoter shall have to obtain prior consent
in writing of the Allottee/s in respect of variations or
modifications which may adversely affect the
Flat(s)/Apartment(s) of the Allottee/s except any alteration or
addition required by any Government authorities or due to
change in law. The Promoter may also make such minor
additions and alterations as may be required by the Allottee/s,
within the said Flat / Apartment or as may be required by any
other allottee of the said Project within his/her/their/its Flat /
Apartment without the written permission of any other allottee
of premises in the Project or such minor changes or alterations
as may be necessary due to architectural and structural
reasons duly recommended and verified by an Authorized
Architect or Engineer.

16
 3.3 PROVIDED FURTHER THAT the Promoter shall be entitled to
make modifications, variations, additions or alterations as may
be required by the Promoter from time to time, by obtaining
2/3rd consent of concerned affected person/s in the said new
Building/floor as the case may be. It is clarified that the consent
of those Allottee/s who are not affected by the modifications,
variations, additions or alterations proposed and/or carried out
by the Promoter as aforesaid shall not be required.

4. Purchase of the Premises and Purchase Price:-

4.1 The Promoter has agreed to sell to the Allottee/s and the
Allottee/s has/have agreed to purchase from the Promoter on
“ownership basis” one residential Flat No._______ on the
_____ floor in Sale Tower “___” in the building known as
“Omkar 1973 Worli” on the said Project Land (“the said
Building”) admeasuring:-
a) [●] sq. mtrs. Carpet area as per MOFA;
b) [●] sq. mtrs Carpet area (net usable area) as per RERA.
c) [●] Sq.mtrs area of Appurtenant/Exclusive Area for
exclusive use of Purchaser/s as per RERA (viz. Enclosed
Balcony/ Terrace/ service area etc. in the said sale
Buildings/ Tower as shown in the Floor plan thereof
hereto annexed and marked as Annexure - “4” for the
consideration of Rs. _______________ (Rupees
___________________ ____________ Only) inclusive of
proportionate price of the common areas and facilities
appurtenant to the said Flat(s)/ Apartment(s). The
aforesaid consideration/purchase price is charged only
for the area as aforesaid;

d) The said Sale Building shall be constructed on First Part

of the said Larger Land more particularly described in the
Seventh Schedule hereunder written and referred herein
as “the said Project Land”. The Flat(s)/ Apartment(s)
No. _______ is more particularly described in the Ninth
Schedule hereunder written and hereafter called as “the
said Flat(s)/ Apartment(s)/ Premise(s)”.

17
4.2 It is clarified that Promoter shall maintain a separate account
in respect of the sums received by the Promoter from the
Allottee/s as advance or deposit, sums received or towards
the outgoings, legal charges and shall utilize the amounts only
for the purposes for which they have been received. Purchase
Price shall be payable by the Allottee/s in the Bank Account
No. __________ maintained with _______________________
Bank, _______________________ Branch with IFSC Code
_______________________________ (“the said Account”).

4.3 The Promoter states that as per Section 171 of the Central
Goods and Services Act, the Anti-Profiteering Rule 2017, any
reduction in rate of tax on any supply of goods or services or
the benefit of the input tax credit has been passed on to the
recipient by way of commensurate reduction in prices. The
same has already been adjusted/ credit of benefit due to GST
is given in the value of agreement executed. Hence, it is
mutually agreed that, the flat purchaser is not eligible for any
further rebate under GST.

4.4 The Purchase Price i.e. Sale Consideration is escalation-free,

save and except escalations/increases, due to the increase on
account of development charges payable to the Competent
Authority and/or any other increase in charges which may be
levied or imposed by the SRA or any other Competent
Authority, Local Bodies and/or the Government from time to
time. The Promoter undertake and agree that while raising a
demand on the Allottee/s for increase in development
charges, cost, or levies imposed by the Competent
Authorities, etc., the Promoter shall enclose the said
notification/ order/ rule/ regulation/ demand, published/ issued
in that behalf to that effect along with the demand letter being
issued to the Allottee/s, which shall only be applicable on
subsequent payments.

4.5 The sale consideration to be paid under this Agreement and

the manner of Installments agreed between the parties in
respect of the said Premises has been arrived at, after
providing a rebate to the Allottee/s and the same has been

18
 agreed and accepted by the Purchaser (if applicable in
specific case as may be mutually agreed).

4.6 The purchase price i.e. sale consideration is arrived at

between the parties after considering the benefits/rebates/input
tax credits available to the Promoter on account of input tax/
Taxes/ GST paid/ payable in respect to the said Real Estate
Project and the same has been agreed and accepted by the
Allottee/s

5. Car Parking:-

5.1 As an amenity provided alongwith the said Flat / Apartment, the

Promoter have earmarked for the exclusive use of the
Allottee/s _______ car parking space in Basement/ Stilt/
podium/ any other arrangement in the said Building known as
“Omkar 1973 Worli” (hereinafter referred to as “said Car
Parking/s”). The said Car Parking/s is/are provided as an
irrevocable amenity without consideration. However, the
Allottee/s will be bound to abide with the rules and regulations
as may be framed in regard to the said Car Parking/s by the
Promoter and/or the Society (as defined hereinafter) and shall
pay such outgoings in respect of the said Car Parking/s as may
be levied by the said Organisation. Further, the Allottee/s shall
not in the future raise any dispute about the suitability of the
said Parking Space as constructed by the Promoter.

5.2 The right to use such car parking space shall be governed and
controlled by the Society or Common Organization of the
Allottee/s of Flat(s)/ Apartment(s) in the sale wing(s) “A”, “B” &
“C” or more such wings of the said Building. The location and
other details viz. car park numbering, etc. shall be intimated at
the time of handing over of possession of the said Flat(s)/
Apartment(s).

5.3 The Allottee/s shall use the Flat(s)/Apartment(s) or any part

thereof or permit the same to be used only for purpose of
residence. He/She/They shall use the garage or parking space
only for purpose of keeping or parking vehicle. The said Flat /

19
 Apartment and the Car Parking Space are more particularly
described in the Ninth Schedule hereunder written

6. Common Areas and Amenities :-

6.1 The Promoter agrees to provide certain common areas and

facilities on the said Project Land. The nature, extent and
description of the common areas and facilities is/are described
herein below. The Allottee/s shall have pro rata undivided
share in the common area and facilities in the Project Land and
also in the limited common area and facilities. The common
area and facilities for the whole of the Project Land are as
under:-

(i) Paving around the Tower as per the Rules of Municipal

Corporation of Greater Mumbai;
(ii) Compound lights, landscape and entrance lobby;
(iii) Passenger Lifts, Service elevators;
(iv) The installation of Central Services such as Electricity,
water, STP, Garbage Chutes, Waste Management
systems, Water Treatment plant, Fire Escape Chutes and
in general all apparatus and all installations fittings and
fixtures which may be provided for common use;
(v) addressable fire alarm systems with smoke detectors in
common area, hydrant and sprinkler system in corridors,
CCTV at entrance;
(vi) D.G Back-up for Fire-Fighting/Service elevators, lighting
and common services (excluding Air-conditioning);
(vii) R.C.C. underground, overhead tanks and rain water
harvesting tanks with required number of pumps of
approved capacity and make;
(viii) RCC Staircase with tread and;
(ix) Glass railing;
(x) One light point per landings;
(xi) Passages on the ground floor as well as each floor of the
building.
(xii) All other parts of the property necessary or convenient to
its existence, maintenance and safety or normally in
common use (unless included in limited common areas

20
 and facilities). All of the above facilities are subject to
approval from MCGM.

6.2 The common amenities to be provided by the Promoter to the

Allottee/s are those that are set out in Annexure '5' annexed
hereto. The Allottee/s shall not be entitled to claim use of
similar amenities available with other flats and shall use it for
the purpose for which they are sanctioned. The Promoter
proposes to provide a Cinema Room for exclusive use of the
Allottee/s of each of the Sale Tower 1, 2 and 3. The Promoter
further proposes to provide amenities on the 48th floor of Sale
Tower 3 which shall be exclusively availed/ used by the
Allottee/s of Sale Tower 3 only.

7. Payment Schedule/ Plan and Maintenance Deposit/ Taxes and

Other Charges :-

7.1 The Allottee/s has/have paid on or before execution of this

Agreement a sum of Rs.___________ (Rupees
_____________________ _____________Only) as Earnest
Money Deposit and hereby agrees to pay to the Promoter the
balance amount of purchase price i.e. sale consideration of
Rs.____________ (Rupees ____________________________
only) in the following manner:-

% consideration
amount of
Purchase Price
On Booking 10.0% 10.0%
Within 21 days of booking 9.9% 19.9%
On Agreement 5.1% 25.0%
On Initiation of excavation 5.0% 30.0%
On completion of Plinth 5.0% 35.0%
On completion of 1st slab 5.0% 40.0%
th
On completion of 5 slab 5.0% 45.0%
On completion of 10th slab 5.0% 50.0%
On completion of 15th slab 5.0% 55.0%
On completion of 20th slab 5.0% 60.0%
On completion of 25th slab 5.0% 65.0%

21
 On completion of 30th slab 5.0% 70.0%
On completion of 40th slab 5.0% 75.0%
On completion of the walls, 5.0% 80.0%
internal plaster, floorings doors
and windows of the said Flat
On completion of the sanitary 5.0% 85.0%
fittings, staircases, lift wells,
lobbies upto the floor level of the
said Flat
On completion of the external 5.0% 90.0%
plumbing and external plaster,
elevation, terraces with
waterproofing, of the said Sale
Tower in which the said
Flat/Apartment is located.
On completion of the lifts, water 5.0% 95.0%
pumps, electrical fittings, electro,
mechanical and environment
requirements, entrance lobby/s,
plinth protection, paving of areas
appertain and all other
requirements as may be
prescribed in the Agreement for
Sale of the Sale Tower in which
the said Flat/ Apartment is
located.
At the time of handing over 5.0% 100.0%
possession of the Flat to the
Purchaser on or after the receipt
of the Occupation Certificate or
Completion Certificate.

7.2 Total Purchase Price above excludes Taxes (consisting of tax

paid or payable by the Promoter by way of GST, surcharge and
Cess or any other similar taxes which may be levied, in
connection with the construction of and carrying out the Project
payable by the Promoter) up to the date of handing over the
possession of the Flat(s)/ Apartment(s). It is clarified that all
such taxes, levies, duties, cesses (whether applicable/payable

22
 now or which may become applicable/ payable in future)
including GST and all other indirect and direct taxes, duties
and impositions applicable levied by the Central Government
and/or the State Government and/or any local, public or
statutory authorities/ bodies on any amount payable under this
Agreement and/or on the transaction contemplated herein
and/or in relation to the said Premises, shall be borne and
paid by the Allottee/s alone and the Promoter shall not be
liable to bear or pay the same or any part thereof.

7.3 Further, the Allottee/s or the Financial Institution making

payment of Purchase Price is responsible to deduct 1% (being
the present prevailing rate) of the amount paid towards
Purchase Price as Tax Deducted at Source (TDS) under
section 194-IA of the Income Tax Act, 1961 and deposit the
same to the credit of Central Government and shall issue TDS
Certificate(s) in our favour in the prescribed Form 16B for the
same within the statutory period. In the event of any error
committed while deducting TDS or in E-filing, the same shall be
rectified by the Allottee/ financial institution within a period of 30
(thirty) days from the said error being brought to the Allottee/
financial institution’s notice. The Credit for the TDS amount
deposited by the Allottee/ financial institution will be given to
the Allottee/s only upon receipt of the Original TDS Certificate
and the amount mentioned therein matches with the amount
appearing in the Income Tax Department website. In the event
of Allottee(s) failing to produce the Original TDS Certificates for
all the payments made by the Allottee/s, at the time of handing
over of the said Premises, the Allottee/s will be required to
deposit with the Promoter such equivalent TDS amount as
interest free deposit, which deposit shall be refunded by
Promoter to the Allottee/s upon handing over of the relevant
TDS Certificate within one month of the handover of the said
Premises to the Allottee/s. In case the Allottee/s fail/s to
handover the relevant TDS Certificate within the stipulated
period of one month, the Promoter shall be entitled to
appropriate the said deposit against the amount of TDS
Certificate receivable from the Allottee/s.

7.4 Payment of maintenance deposit and other charges:-

23
a) The Allottee/s shall, on or before delivery of possession of
the said Flat/ Apartment/ Premises keep deposited with the
Promoter, the following amounts:

(i) Rs._________ (Rupees ______________________

_________ Only) for share money application, entrance fee
of the Society or Limited Company/Federation/Apex Body;

(ii) Rs. ___________ (Rupees ___________________

_______________ Only) deposit towards provisional
contribution in respect of Common Area Maintenance
(“CAM”), outgoings of Society or Limited Company/
Federation/ Apex body;

(iii) Rs. _____________ (Rupees __________________

_________________ Only) for formation and registration of
the Society or Limited Company/Federation/ Apex body;

(iv) Rs. _____________ (Rupees __________________

_________________ Only) for Deposit towards Water,
Electric, and other utility and services connection charges;

(v) Refundable deposit (without interest) of Rs.

____________ (Rupees ________________ __________
Only) related to building maintenance or security/safety of
the said building;

(vi) Rs.5,00,000/- (Rupees Five Lakhs only) towards fit

out deposit

Total Rs. ________________

b) The maintenance deposit is exclusive of Municipal taxes

which will be charged/ billed to the Allottee/s by the
Promoter on the basis of actual as per the bill/demand
raised by local Municipal Authorities concerned.

c) The above charges are tentative and subject to increase or

to be charged at actuals to be confirmed at the time of
handing over possession of the said Flat(s)/Apartment(s).

d) The Promoter shall not be liable to render any account for

24
 the amount so collected at (iii) and (iv) above.

7.5 In addition to the above, the Allottee/s will also bear and pay
such charges, fees, expenses as may be fixed by the Promoter
and also the taxes as may be applicable for utilizing the
additional facilities and amenities viz. Club House, Business
Centre, Sports facilities etc. to be provided in the said
building(s) by the Promoter.

7.6 The above amounts are not refundable and no accounts or

statement will be required to be given by the Promoter to the
Allottee/s in respect of the above amounts deposited by the
Allottee/s with the Promoter unless stated otherwise.

7.7 The Allottee/s shall pay to the Promoter a sum of Rs.

________________ (Rupees ________________
____________ ________________ Only). for meeting all legal
costs, charges and expenses, including professional costs of
the Attorney-at- Law/ Advocates of the Promoter in connection
with formation of the said Society, or Limited Company, or Apex
Body or Federation and for preparing its rules, regulations and
bye-laws and the cost of preparing and engrossing the
conveyance or assignment of lease.

7.8 All the aforesaid amounts paid by the Allottee/s will be

proportionately adjusted by the Promoter towards the total
Purchase Price payable by the Allottee/s to Promoter under this
Agreement. The Allottee/s authorizes the Promoter to
adjust/appropriate all payments made by him/her under any
head(s) of dues against lawful outstanding, if any, in his/her
name as the Promoter may in its sole discretion deem fit and
the Allottee/s undertakes not to object/ demand/ direct the
Promoter to adjust his payments in any other manner. Time
shall be essence of the contract as to aforesaid payments to be
made by the Allottee/s to the Promoter.

7.9 At the time of registration of conveyance or Lease or

assignment of the structure of the Sale Residential Tower or
wing of the said Building, the Allottee/s shall pay to the
Promoter, the Allottee(s) share of stamp duty and registration
charges payable, by the said Society or Limited Company on

25
 such conveyance or lease or assignment of lease or any
document or instrument of transfer in respect of the structure of
the said Sale Residential Tower. At the time of registration of
conveyance or Lease or assignment of lease of the project land,
the Allottee/s shall pay to the Promoter, the Allottee(s) share of
stamp duty and registration charges payable, by the said Apex
Body or Federation on such conveyance or lease or assignment
of lease or any document or instrument of transfer in respect of
the structure of the Sale Residential Tower and the said Project
Land to be executed in favour of the Apex Body or Federation.

7.10 It is an essential and integral term and condition of this

Agreement, that only upon the payment of full Purchase Price
and all other amounts, charges, dues, outgoings, etc. payable
hereunder, having been paid on its due date/s without any
default by the Allottee/s to the Promoter (and not otherwise), will
the Allottee/s have or be entitled to claim any rights, against the
Promoter under this Agreement and/or in respect of the said
Flat(s)/Apartment(s).

8. Variation in Carpet Area :-

The Promoter shall confirm the final carpet area that has been allotted
to the Allottee/s after the construction of the Sale Residential Building
is completed and the occupancy certificate is granted by the
competent authority, by furnishing details of the changes, if any, in the
carpet area. The total price payable for the carpet area shall be
recalculated upon confirmation by the Promoter. If there is any
reduction in the carpet area then Promoter shall refund the excess
money paid by Allottee/s. If there is any increase in the carpet area
allotted to Allottee/s, the Promoter shall demand additional amount
from the Allottee/s as per the next milestone of the Payment Plan. All
these monetary adjustments shall be made at the same rate per
square feet as agreed herein.

9. Time Is Of Essence:-
Time is of essence for the Promoter as well as the Allottee/s. The
Promoter shall abide by the time schedule for completing the project
and handing the Flat(s)/Apartment(s) to the Allottee/s and the common
areas to the association of the Allottee/s after receiving the occupancy
certificate or the completion certificate or both, as the case may be.

26
 Similarly, the Allottee/s shall make timely payments of the installments
and other dues payable by him/her/them and meeting the other
obligations under the Agreement subject to the simultaneous
completion of construction by the Promoter as provided in clause (7.1)
herein above (“Payment Plan”).

10. FSI / Development Potential of the said Larger Land and Project
Land :-

10.1 The area of the Larger Land is to be developed in a phase-

wise manner which includes sale component, rehab
component, Proposed Sale Building on the Second Phase,
buildable and non-buildable reservations etc.

10.2 Out of the the total proposed Sale FSI of 1,24,931 sq. mts.
(approximately) including fungible FSI (Total Sale FSI) in
respect of the Larger Land, presently Sale FSI of 1,00,392.48
sq. mts. (including fungible FSI) is sanctioned and proposed
on the Sale Component.

10.3 Balance Sale FSI of 24,538.52 sq. mtrs (approx.) including

fungible FSI in respect of the Larger Land may further be
available in future on account of clubbing, amalgamation or
otherwise including proposed changes in Development
Control Regulations and/or implementation of various
schemes thereunder etc.

10.4 Out of the Total Sale FSI, Sale FSI of 96,180 sq. mtrs.
(approx.) (including fungible FSI) has been sanctioned for
consumption in the construction and development of the
Building known as “Omkar 1973 Worli”.

10.5 Further, the Purchaser/s has/have been informed and

acknowledge(s) that the Total Sale FSI proposed to be
consumed in the construction of the building/s or wing/s of the
said Project may not be proportionate to the area of the
physical land/foot print of the building/s or wing/s on which it is
being constructed in proportion to the total area of the Larger
Land taking into account the FSI to be utilized for all buildings
to be constructed thereon. The Promoter in its sole discretion,
may allocate such buildable FSI for any of the buildings being

27
 constructed on the Larger Land as it thinks fit and the
purchasers of the flat(s)/premises/units in the said Project/such
buildings (including the Purchaser/s) are agreeable to this and
shall not dispute the same or claim any additional FSI or
buildable area in respect of any of the buildings or the Larger
Land.

10.6 The Promoter has planned to utilize Floor Space Index by

availing TDR or FSI available on payment of premiums or FSI
available as incentive FSI by implementing various schemes as
mentioned in the Development Control Regulation or based on
expectation of increased FSI which may be available in future
on modification to Development Control Regulations, which are
applicable to the said development of Larger Land. The
Promoter has disclosed the Floor Space Index as proposed to
be utilized by him on the said Project Land and Allottee(s) has
agreed to purchase the said Flat(s)/Apartment(s) based on the
proposed construction and sale of Flat(s)/Apartment(s) to be
carried out by the Promoter by utilizing the proposed FSI and
on the understanding that the declared proposed FSI shall
belong to Promoter only.

10.7 The Allottee/s hereby agrees, accepts and confirms that the
Promoter proposes to develop the said Project (including by
utilization of the full development potential) in the manner more
particularly detailed herein and as depicted in the layout plans,
proformas and specifications annexed hereto and Allottee/s
has / have agreed to purchase the said Flat(s) / Apartment(s)
based on the unfettered and vested rights of the Promoter in
this regard.

10.8 The Promoter shall be entitled to and authorized to utilize the

entire permissible FSI/FAR in respect of the said Larger Land
for the construction of any building or phase or part thereof in
the said Larger Land. The Promoter shall be entitled to float the
F.S.I. of said Larger Land on the said Project Land/First Part of
the Larger Land for carrying out any permissible construction in
the said Project. The Allottee/s hereby gives his specific
irrevocable consent for the same.

28
11. FSI, TDR And Development Potentiality With Respect To The
Proposed Development Of The Said Project Land:-

11.1 The Allottee/s hereby agrees, accepts and confirms that the
Promoters propose to develop the Project on the said Project
Land (by utilization of the full development potential) in the
manner more particularly detailed herein and the Allottee/s
has/have agreed to purchase the said Premises based on the
unfettered and vested rights of the Promoters in this regard;

11.2 The Allottee/s acknowledge(s) that the Developer alone is

entitled to utilize and deal with all the development potential of
the Larger Land including the existing and future and extra FSI
on account of or due to any reason whatsoever, including but
not limited to, under Regulation 33(5), 33(7), 33(9), 33(10),
33(24) or any other regulations as per the proposed D.P. Plan
2034 and/or due to change in building laws, regulations, policy,
notification, order/approvals from concerned competent
authorities and any other Applicable Law and/or on account of
handing over to the Government or the Municipality or altering,
shifting, relocating, any buildable/ non-buildable reservations of
the said Larger Land or due to clubbing of any other scheme on
the said Larger Land or otherwise and /or transferable
development rights (“TDR”) heretofore sanctioned or as may
hereafter be sanctioned and shall be entitled to use any or all of
such FSI and/or TDR for construction of buildings and
development of facilities and/or amenities on any part/phase of
the larger Land/Project or elsewhere as may be permitted and
in such manner as the Developer deems fit. Accordingly, the
balance development of the Larger Land comprising Rehab
component and/or free sale component and/or amenities/
facilities and/or buildable and non-buildable reservations etc.
may be located anywhere within the Larger Land at the
discretion and as may be deemed fit by the Promoter without
requiring consent of Allottee/s and/or the society/limited
company/ association of Allottee/s and also the additional
FSI/TDR that may be generated due to amalgamation/ clubbing
of such rehab schemes may be utilised by the Promoter either
anywhere within the Larger Land or outside, however, the
same shall not affect the existing development on the Project

29
 Land and neither the Purchaser/s nor the Organisation shall
have or claim any rights, benefits or interest whatsoever
including for use and consumption in respect thereof and/or
object to, obstruct or hinder on grounds of inconvenience
and/or light and ventilation and/or density and environment
and/or of water and electricity;

11.3 The Promoter shall be entitled to the entire unconsumed and

residual floor space index (“FSI”) in respect of the said Larger
Property (including the Project Land), and the entire increased,
additional, available, future and extra FSI, whether by way of
purchase of FSI from any authority by payment of premium or
price, the change of law and policy, the purchase of
transferable the development thereof and/or FSI which is not
computed towards FSI by any concerned authority or due to
proposed changes in layout by implementing various scheme
as mentioned in Development Control Regulations or based on
expectation of increased FSI which may be available in future
on modification of Development Control Regulations, and
Development Plan 2034 which are applicable to the
development of said Larger Land including the said Project
Land or otherwise by any other means whatsoever, which shall
absolutely and exclusively belong to and be available to the
Promoter for utilization and consumption on the Larger Land
and/or on the clubbed/ amalgamated plot/s of land in vicinity
in the same scheme or any other clubbed Slum Rehabilitation
Scheme and which shall be developed as a proposed
/separate phase and the same shall not affect the existing
development that is proposed on the said Larger Property and
neither the Allottee nor the Organization shall have or claim
any rights, benefits or interest whatsoever including for use
and consumption in respect thereof and/or object to, obstruct
or hinder on grounds of inconvenience and/or of light and
ventilation and/or density and environment and/or of water
and electricity.

11.4 Notwithstanding anything to the contrary contained herein, the

Promoters shall also have the absolute, exclusive and full
right, authority and unfettered discretion to sell, transfer and/or
assign the residual FSI, if any (by whatever name called) after

30
 completion of the Project and permitted by the concerned
authorities under the applicable laws and regulations, to or in
favour of any person/s whatsoever, for such consideration and
on such terms, conditions and provisions as may be desired
and deemed fit by the Promoters in their sole and unfettered
discretion and as may be permitted by law;

12. The Promoter may develop the lands adjacent to the said Larger Land
(hereinafter referred to as the “Adjoining Land/Properties”) in
accordance with Rule 4(4) regarding Disclosure by Promoter of
Ongoing Real Estate Projects of the Maharashtra Real Estate
(Regulation and Development) (Registration of Real Estate Projects,
Registration of Real Estate Agents, Rates of Interest and Disclosures
on Website) Rules, 2017. The Promoter shall also be entitled
to/required to club/ amalgamate the development of the said Larger
Land (or part thereof) with the Adjoining Properties, whether as a
common integrated layout with the said Larger Land (or part thereof)
or otherwise, in a phase wise manner subject to necessary approvals /
sanctions from the concerned authorities. The total FSI and the said
Larger Land shall accordingly be increased. For this purpose, the
Promoter shall be entitled to/required to undertake the following as it
may deem fit:-
i. Amalgamate schemes of development, land parcels, lands,
land composition and land mix.

ii. Float FSI/TDR from the said Larger Land onto the Adjoining
Land/Properties and from the Adjoining Land/Properties onto
the said Larger Land and undertake consequent construction,
development, sale, marketing and alienation.

iii. Provide common access and entry and exit points to and from
the said Larger Land (or part thereof) and the Adjoining
Properties, which may be used in common by the occupants of
units/premises constructed on the said Larger Land (or part
thereof) and the Adjoining Properties.

iv. Accordingly, the Promoter shall be entitled to the entire FSI and
residual floor space index in respect of the such additional land
and the entire increased, additional, available, future and extra
FSI, whether by way of purchase of FSI from any authority by
payment of premium or price, the change of law and policy, the

31
 purchase of transferable development rights , availability and
increase of FSI/TDR, floating FSI, fungible FSI, FSI arising due
to a larger layout and the development thereof and/or FSI
which is not computed towards FSI by any concerned authority
or otherwise by any other means whatsoever, which shall
absolutely and exclusively belong to and be available to
Promoter and the Promoter may propose to utilise the same on
any portion of the said Larger Land in the manner as it deems
fit and appropriate; and the Allottee/s and/or the society/limited
company/association of Allottee/s (defined hereinafter) shall not
have or claim any rights, benefits or interest whatsoever
including for entitlement, use and consumption in respect
thereof.

13. The Allottee/s hereby consents to the above and the consent
contemplated hereunder shall for all purposes be considered as the
Allottee’s consent under the provisions of Section 14 of RERA and the
other applicable provision of the Maharashtra Regional Town Planning
Act, 1966 and the DCR;

14. The rights retained by the Developer under this Agreement in terms of
exploitation of the present and future development rights with respect
to the said Larger Land / Project Land and such additional land shall
continue to vest with the Promoter as on the date of conveyance, even
after the execution of the Deed of Conveyance/Lease/Assignment
and/or deemed conveyance and/or after the statutory vesting of the
said Larger Land or part thereof in favour of the society/limited
company/association of Allottees (as defined hereinbelow), and the
same shall be reserved therein in terms of a deed of covenant and
undertaking of the society/limited company/association of Allottees to
the Promoter, at the time of execution of title documents in favour of
the society/limited company/association of Allottees.

15. The Allottee/s is aware and informed that in the event there is any
change in the layout approvals for the phase-wise development of the
said Larger Land or acquisition of such additional land, the same may
result in the change of the layout of the said Larger Land and has
confirmed that the amendment to the layout of the said Larger Land at
any time in future, whether by way of amalgamation of such additional

32
 lands or sub division and/or in any manner whatsoever and
modification/variation of the sanctioned plans including the building
plans as a result thereof, shall be permissible, however the same
would not affect the Project Land.

16. Termination By The Promoter:-

16.1 The Allottee/sshall pay to the Promoter the installments of

Purchase Price and all other amounts payable in terms of these
presents within 15 (fifteen) days of intimation (“Due Date”) in
writing, by the Promoter that the amount has become due on
their respective due dates, time being the essence of the
contract. If the Allottee/s fails to make any payments on the
stipulated date/s and time/s as required under this Agreement,
then, without prejudice to the other rights of the Promoter, the
Allottee/s shall be liable to pay Interest @ SBI PLR + 2% p.a.
to the Promoter on all and any such delayed payments
computed from the date such amounts are due and payable
till the date such amounts are fully and finally paid.

16.2 Without prejudice to the right of the Promoters to charge

interest at the Interest Rate @ SBI PLR + 2% p.a., and any
other rights and remedies available to the Promoters (a) on
the Allottee/s committing any 3(three) defaults of payment on
the due date of any amount due and payable by the Allottee/s
to the Promoters under this Agreement (including his/ her/
their/ its proportionate share of taxes levied by the concerned
local authority and other outgoings) and/or (b) the Allottee/s
committing 3(three) defaults of payment of the instalments of
the Sale Consideration, the Promoters shall be entitled to, at
its own option and discretion, to terminate this Agreement.
Provided that, the Promoters shall give a notice of 15 (fifteen)
days in writing to the Allottee/s (“Default Notice”), by courier /
e-mail / registered post A.D. at the address provided by the /
Allottee/s, of its intention to terminate this Agreement with
detail/s of the specific breach or breaches of the terms and
conditions in respect of which it is intended to terminate this
Agreement. If the Allottee/s fails to rectify the breach or
breaches mentioned by the Promoters within the period of the
Default Notice, including making full and final payment of any

33
 outstanding dues together with the Interest thereon, then at
the end of the Default Notice the Promoters shall be entitled to
terminate this Agreement by issuance of a written notice to the
Allottee/s (“Promoters Termination Notice”), by courier / e-
mail / registered post A.D. at the address provided by the
Allottee/s.

16.3 On the receipt of the Promoters Termination Notice by the

Allottee/s, this Agreement shall stand terminated and
cancelled. On the termination and cancellation of this
Agreement in the manner as stated in this Sub-Clause, the
Promoters shall be entitled to:-

(i) deal with and/or dispose of or alienate the said Premises

and car parking space in the manner as the Promoters
may deem fit without any reference or recourse to the
Allottee/s; and
(ii) the Promoters shall be entitled to adjust and recover from
the Allottee/s the following:-
(a) pre-determined and agreed liquidated damages
equivalent to 10% of the total consideration/purchase
price towards liquidated damages along with any losses
that may accrue to the Promoters, by reason of such
termination including any diminution in sale price or
market value of the said Premises prevailing at the
time of termination;
(b) brokerage fees;
(c) all other taxes and outgoings, if any due and
payable in respect of the said Premises upto the date of
Promoters Termination Notice;
(d) the amount of interest payable by the Allottee/s in
terms of this Agreement from the date of default in
payment till the date of Promoters Termination Notice
as aforesaid;
(e) In case the Allottee/s had opted for subvention
scheme, the total amount of PRE-EMI interest paid
and/or payable by the Promoter to the lending Bank/
Financial Institution and the stamp duty and registration
charges,

34
 (f) In case the Allottee/s has availed any loans
(including subvention scheme), then all amounts
disbursed by the lending Bank/ Financial Institution to
the Promoter, which amounts shall be refunded by the
Promoter to such lending Bank/ Financial Institution
directly and the Allottee/s authorises the Promoter to
collect the original Agreement for Sale from such Bank /
Financial Institution and shall not be required to take any
consent / confirmation from the Allottee/s at anytime and
refund the balance, if any, to the Allottee/s.

16.4 Upon the termination of this Agreement, the Purchaser/s /

Allottee/s shall have no claim of any nature whatsoever on the
Promoter and/or the said Premises and/or the car park/s and
that the dispatch of the said cheque towards refund from the
Promoters to the Allottee/s by registered post
acknowledgement due at the address given by the Allottee/s in
these presents irrespective of whether the Allottee/s accept/s or
encash/s the cheque or not, will tantamount to the Promoter
having refunded amount due to the Allottee/s and the
Allottee/s shall deemed to have accepted the same in full
satisfaction of all his/her/its/their claim under this Agreement
and/or in or to the said Premises. Further, upon termination of
this agreement, the Promoters shall not be liable to pay to the
Allottee/s any interest, compensation, damages, costs
otherwise and shall also not be liable to reimburse to the
Allottee/s any Government Charges such as Service Tax, VAT,
GST, Stamp Duty, Registration Fees etc. Within a period of 30
(thirty) days of the Promoters Termination Notice, the
Promoters shall after deduction of the aforesaid Amounts,
refund the balance amount of the Sale Consideration to the
Allottee/s simultaneously, with the Promoters and the
Allottee/s executing and registering the Deed of Cancellation
of this Agreement, the stamp duty, registration fee and other
costs and expenses whereof shall be borne and paid by the
Allottee/s entirely.

17. Possession:-

17.1 Possession Date:-

35
 The Promoters shall offer possession of the said Premises to
the Allottee/s on or before December, 2020 subject to a grace
period of 2 (two) years (“Possession Date”). Provided
however, that the Promoters shall be entitled to an extension
of time for giving delivery of the said Premises on the
Possession Date, if the completion of the Real Estate Project
is delayed on account of any or all of the following factors
/events (force majeure events):
i. non-availability of steel, other building material, water or
electric supply
ii. War, Civil Commotion, Flood, Drought, Fire, Cyclone,
Earth Quake, Act of God or any calamity by nature
affecting the regular development of the Real Estate
Project;
iii. Any notice, order, rule, notification of the Government
and/or other Public or Competent Authority / Court;
iv. Any stay order / injunction order issued by any Court of
Law, Tribunal, Competent Authority, MCGM, Statutory
Authority, High Power Committee etc.
v. Any other circumstances beyond the control of the
Promoters that may be deemed reasonable by the
Authority.
vi. delay in getting approvals not attributable to the
Promoters;
vii. Any delay in grant of any permissions/ approvals by any
of the authorities, any orders passed by courts affecting
the development of Project.

17.2 The Allottee/s shall, no later than fifteen (15) Days from the
Date of Offer of Possession, make payment of all the then
balance/remaining Aggregate Payments and complete all
formalities in respect thereof, including executing an indemnity
bond (if any) in terms of a draft prepared by the Promoter.

17.3 The Allottee/s: (i) shall ensure that on or after taking

possession of the Apartment, his/her/their/its interior works in
the Apartment do not prejudice, affect or hinder in any manner
the efforts and actions of the Promoter to obtain the
balance/remaining Approvals in respect of the said Project, and
(ii) undertake/s not to cause any damage to the Apartment

36
 and/or the Project or any part thereof, and in the event any
damage is caused, the Allottee/s agree/s and undertake/s to
reimburse the Promoter all costs related to the remediation and
rectification thereof.

17.4 The Allottee/s also accept/s acknowledge/s that as on the Date

of Offer of Possession, the construction works in the Apartment
shall have been completed, but that there shall, or may, be
project development and construction works ongoing at such
time, including in respect of the Common Areas & Amenities
and Balance Project/s.

17.5 Notwithstanding anything to the contrary in this Agreement the

Promoter shall always be entitled, in its discretion to complete
any part/portion or floor of the Project and apply for and obtain
occupation/part occupation certificate/s thereof, whereby, on
the Date of Offer of Possession, the Allottee/s shall be obliged,
and undertake/s, to take possession of the Apartment for
occupation on the basis of such occupation/part occupation
certificate which relates to the said Flat. Thereafter, the
Promoter shall, without any hindrance or objection by the
Allottee/s, be entitled to carry out by itself or through its
contractors or otherwise all remaining development and work in
respect of the said Sale Plot/Project land and/or on the said
Larger Land.

17.6 At the time of taking possession of the said

Flat(s)/Apartment(s), the Allottee/s shall pay to the Promoter
such amount as they in their turn might have paid to the
BEST/Reliance Energy Limited/Tata Power as deposit for
electric meters to be fitted to the said Flat(s)/Apartment(s).

17.7 The Allottee/s agree/s that the size of the said Flat(s)/
Apartment(s) shall be as per the plans approved by Slum
Rehabilitation Authority or concerned statutory authority which
are already inspected by the Allottee/s and have completely
satisfied himself/ herself/ themselves in respect thereof and the
Allottee/s shall not make any grievance alleging the inadequacy
of area of the said Flat(s)/Apartment(s) to Slum Rehabilitation
Authority.

37
 17.8 It is further clarified that in the event the Promoter obtains the
Occupation Certificate in respect of the said Premises and
offers the Allottee/s to take possession of the said Premises
prior to the Possession Date (as defined hereinbelow), then in
such case the Allottee/s agrees that the Promoter shall be
entitled to demand the outstanding installments of the Sale
Consideration and the Allottee/s agrees and undertakes to pay
the same, without any delay and/or demur.

18. Procedure for taking possession :-

18.1 The Promoter, upon obtaining the occupancy certificate from

the competent authority in respect of the said Flat(s)/
Apartment(s) and the payment made by the Allottee/s as per
the agreement shall offer in writing the possession of the
Flat(s)/Apartment(s) (“Possession Notice”), to the Allottee/s in
terms of this Agreement to be taken within 3 (three) months
from the date of issue of such notice and the Promoter shall
give possession of the Flat(s)/Apartment(s) to the Allottee/s.
The Promoter agrees and undertakes to indemnify the
Allottee/s in case of failure of fulfilment of any of the provisions,
formalities, documentation on part of the Promoter. The
Allottee/sagree(s) to pay the maintenance charges as
determined by the Promoter or association of Allottee/s, as the
case may be. The Promoter on its behalf shall offer the
possession to the Allottee/s in writing within 7 days of receiving
the occupancy certificate of the Project/ the said Flat(s)/
Apartment(s).

18.2 The Allottee/s shall take possession of the Flat(s)/Apartment(s)

within 15 days of the written notice from the promoter to the
Allottee/s intimating that the said Flat(s)/Apartment(s) is ready
for use and occupancy.

18.3 Within 15 (fifteen) days after the Possession Notice in writing

is given by the Promoter to the Allottee/s that the said
Premises is ready for use and occupation, the Allottee/s shall
be liable to bear and pay his/ her/ its proportionate share i.e.
in proportion to the carpet area of the said Flat(s)/
Apartment(s), of outgoings in respect of the said Project

38
 including inter-alia, local taxes, betterment charges, other
indirect taxes of every nature, or such other levies by the
MCGM or other concerned local authority and/or Government
water charges, insurance, common lights, repairs and salaries
of clerks, bill collectors, Security Guards, sweepers and all
other expenses necessary and incidental to the management
and maintenance of the Said Project. Until the Society is
formed and the Society Conveyance/ Lease/ Sublease/
Assignment is duly executed and registered, the Allottee/s
shall pay to the Promoter such proportionate share of
outgoings as may be determined by the Promoter at its sole
discretion. The Allottee/s further agrees that till the
Purchaser’s/ Allottee's share is so determined by the
Promoter at its sole discretion, the Allottee/s shall pay to the
Promoter provisional monthly contribution of Rs.
____________ (Rupees _______________ ______________
_________________ Only) per month towards the outgoings.
The amounts so paid by the Allottee/s to the Promoter shall
not carry any interest and shall remain with the Promoter until
the Society Conveyance/Lease/Assignment is duly executed
and registered. On execution of the Society
Conveyance/Lease/Assignment, the aforesaid deposits less
any deductions as provided for in this Agreement, shall be
paid over by the Promoter to the Society to the Limited
Company as the case maybe.

19. Failure of Allottee/s to take Possession of Flat(s)/Apartment(s):-

Upon receiving a written intimation from the Promoter as per clause

(18.1) hereinabove, the Allottee/s shall take possession of the Flat(s)/
Apartment(s) from the Promoter by executing necessary indemnities,
undertakings and such other documentation as prescribed in this
Agreement, and the Promoter shall give possession of the
Flat(s)/Apartment(s) to the Allottee/s. In case the Allottee/s fails to take
possession within the time provided in clause (18.2) above such
Allottee/s shall continue to be liable to pay maintenance charges as
applicable.

39
20. Termination By The Allottee/s:

20.1 If the Promoters fails to abide by the time schedule for

completing the said Real Estate Project and for handing over
the said Premises to the Allottee/s on the Possession Date
(save and except for the reasons as stated in Clause (17.1)
above), then the Allottee/s shall be entitled to either:

(a) The Allottees shall be entitled to terminate this

Agreement by giving written notice to the Promoters by
courier / e-mail / registered post A.D. at the address
provided by the Promoters (“Allottee/s Termination
Notice”). On the receipt of the Allottee/s Termination
Notice by the Promoters, this Agreement shall stand
terminated and cancelled. Within a period of 30 (thirty)
days from the date of receipt of the Allottee/s
Termination Notice by the Promoters, the Promoters
shall refund to the Allottee/s the amounts already
received by the Promoters under this Agreement with
interest at the prevailing rate of the State Bank of India
Highest Marginal Cost of Lending Rate plus 2% (two
percent) thereon (“Interest Rate”) to be computed from
the date the Promoters receive such amount/part thereof
till the date such amounts with the interest at the Interest
Rate thereon are duly repaid provided a valid Deed of
Cancellation of the said Premises is duly executed and
registered by parties hereto to give effect to the above
termination before making any refund. On such
repayment of the amounts by the Promoters (as stated in
this Clause), the Allottee/s shall have no claim of any
nature whatsoever against the Promoters and/or the said
Premises and/or the car park/s and that the Promoters
shall be released and discharged from all its obligations
and liabilities under this Agreement and the Promoters
shall be entitled to deal with and/or dispose of the said
Premises and/or the car park/s in the manner it deems fit
and proper;
OR

(b) If the Allottees does not intend to withdraw from the

Real Estate Project, then the Promoters shall pay

40
 interest at the Interest Rate for every month of delay
from the Possession Date, on the Sale Consideration
paid by the Allottee/s. The interest shall be paid by the
Promoters to the Allottee/s till the date of offering to
hand over the possession of the said Premises by the
Promoters to the Allottee/s;

20.2 The Allottee/s hereby acknowledges and agrees that

he/she/they shall, within a period of 15 days from the date of
such failure, choose either of the aforesaid remedies and not
both. If the Allottee/s fails to choose either of the aforesaid
remedies within the said period, it shall be deemed that he has
accepted clause (b) hereinabove and shall accordingly be
entitled to interest only. It is further agreed between the parties
hereto that in case the Allottee/s elects his remedy under Sub-
Clause 20.1(a) above then in such a case the Allottee/s shall
not subsequently be entitled to the remedy under Sub- Clause
20.1(b) above.

21. Defect Liability:-

21.1 If within a period of five years from the date of handing over the
Premises to the Allottee/s, the Allottee/s brings to the notice of
the Promoter any structural defect in the Premises or the
building in which the Premises are situated or any defects on
account of workmanship, quality or provision of service then,
wherever possible such defects shall be rectified by the
Promoter at its own cost and in case it is not possible to rectify
such defects, then the Allottee/s to receive from the Promoter,
compensation for such defect in the manner as provided under
the Act.

21.2 Provided however, that the Allottee/s shall not carry out any
alterations of the whatsoever nature in the said Premises of
phase/wing and in specific the structure of the said
unit/wing/phase of the said building which shall include but not
limit to columns, beams etc., or in the fittings therein, in
particular it is hereby agreed that the Allottee/s shall not make
any alterations in any of the fittings, pipes, water supply
connections or any erection or alteration in the bathroom, toilet

41
 and kitchen, which may result in seepage of the water. If any of
such works are carried out without the written consent of the
Promoter the defect liability shall automatically become
inoperative. The word ‘defect’ here means only the
manufacturing and workmanship defect/s caused on account of
willful neglect on the part of the Promoters, and shall not mean
defect/s caused by normal wear and tear and by negligent use
of the premises by the Occupants, vagaries of nature etc.

21.3 It shall be the responsibility of the Allottee/s to maintain his unit

in a proper manner and take all due care needed including but
not limiting to take all due care of the joints in the tiles in his
flat are regularly filled with white cement/epoxy to prevent water
seepage.

21.4 Further where the manufacturer warranty as shown by the

Promoter to the Allottee/s ends before the defects liability
period and such warranties are covered under the maintenance
of the said unit/building/phase /wing, and if the annual
maintenance contracts are not done/renewed by the Allottee/s,
and the Promoter shall not be responsible for any defects
occurring due to the same.

21.5 That the project as a whole has been conceived, designed and
constructed based on the commitments and warranties given
by the vendors/manufacturers that all equipments, fixtures, and
fittings shall be maintained and covered by maintenance/
warranty contracts so as it to be sustainable and in proper
working condition to continue warranty in both the flats and the
common project amenities wherever applicable.

21.6 That the Allottee/s has been made aware and that the
Allottee/s expressly agrees that the regular wear and tear of the
unit/ building/ phase/ wing includes minor hairline cracks on the
external and internal walls excluding the RCC structure which
happens due to variation in temperature of more than 20
degree Celcius and which do not amount to structural defects
and hence cannot be attributed to either bad workmanship or
structural defect.

21.7 It is expressly agreed that before any liability of defect is

claimed by or on behalf of the Allottee/s, it shall be solely

42
 decided by the Promoter’s Project Architect who shall survey
and access the same and shall then submit a report to state the
defects in materials used, in the structure built of the
unit/phase/wing and in the workmanship executed keeping in
mind the aforesaid agreed clauses of this agreement.

22. Rights Of The Promoter:-

(a) The Promoter is developing and promoting the Project on the

said Project land and the construction of the same will be
carried out in phased manner. Therefore, the Promoter
reserves its rights to allow the Allottee/s of further phases to
use common roads of the larger property. This right of
Promoter is and shall also be applicable for all other
properties which may be amalgamated with the Entire
Project;

(b) The Promoter shall have exclusive right to utilise the

additional F.S.I. granted to it in future on the larger land and
the Promoter shall have also exclusive right to utilise the
T.D.R. which it may receive in future, anywhere on the said
Larger Land. The Allottee/s shall not have or raise any
objection for utilization of the said additional F.S.I. or T.D.R.
as the case may be and for the sale of the same. The
Promoter shall have right to amalgamate the additional lands
in the said Larger property/ said Project land for its future
expansion scheme/s and the F.S.I. so released, or any
additional F.S.I. or any TDR shall belong to the Promoter and
he shall be entitled to utilize the same, anywhere within or out
of the said Project Land;

(c) In the course of exercising the right of additional construction

as envisaged hereunder, the Promoter shall be entitled to
utilize the existing R.C.C. structure, beams and columns and
walls of the said building as well as the restricted common
areas, amenities and facilities of the said building or the said
society. The Promoter shall also have the rights to use the
society amenities, all the permissible and unutilized F.S.I.
available on the Project land and/or additionally amalgamated
lands and such other facilities like water, electricity,
access/roads, sewage and drainage lines and other

43
 conveniences in the project land or the said Building for
carrying out further development and construction;

(d) In case the Promoter forms the Society as agreed herein or

before sale or disposal of some of the Flat(s)/Apartment(s) in
the said building, in that case the Promoter shall have the
privilege and right to sell, dispose of such unsold Flat(s)/
Apartment(s) to any person/s as per his discretion at any time
in future, without any objection of whatsoever nature on the
part of the Allottee/s or the Society. The Flat(s)/ Apartment(s)
in respect of which concerned agreements to sell are
cancelled or terminated as envisaged under this Agreement,
shall also be treated as unsold Flat(s)/Apartment(s) for the
purpose of this clause. Such new Purchaser/s / Allottee/s
shall be given membership of the Society and the same shall
be given by accepting only Membership Fee without asking
for any other consideration/fee. The Allottee/s as well as the
Society shall extend all co-operations to the Promoter and the
new Allottee/s in this regard;

(e) The Promoter shall always have right to levy and collect
amounts towards taxes, betterment charges, cess and other
levies to be charged and collected from the Allottee/s as per
prevailing laws, rules, regulations, notifications, bye-laws etc.
till the conveyance/lease/assignment of the said Third Part of
the Larger Property in favour of the Society;

(f) In the event any portion of the Project Land being required by
any utility/ service provider for installing any electric sub-
station/ transformer/ Building gas bank machinery, plants,
buildings, etc., the Promoter shall be entitled to transfer such
portion to the said utility/ service provider or any other body
for such purpose on such terms and conditions as the
Promoter deems fit and/or as per requirement of such utility/
service provider or as per applicable law/ rules/ regulations;

(g) If any amount due and payable by the Allottee/s remains

unpaid then the Promoter at its discretion and without
prejudice to its other rights shall be entitled to adjust and
satisfy such dues from any other amount paid by the
Allottee/s or from any amount payable to the Allottee/s and

44
 adjust the account accordingly and in case still there are dues
from Allottee/s make demand accordingly;

(h) All the common areas amenities and facilities of the Entire
Project and the common areas amenities and facilities of the
said Project shall remain under the charge and control of the
Promoter till the Promoter formally hands over the charge
and control thereof to the Apex Body or the concerned
member societies, respectively;

(i) The Promoter may sell, transfer or assign all their rights, title
and interest in the said Project (subject to the rights and
interests created in favour of the Allottee/s under this
Agreement) including in respect of the unsold Flat(s)/
Apartment(s) in the said Building but without in any manner
affecting the Allottee’s rights. The Allottee/s hereby irrevocably
and unconditionally declare/s, agree/s, undertake/s,
covenant/s, confirm/s and assure/s that it shall not raise
objection to the aforesaid right of the Allottee/s in any manner;

23. The sanctioned plans include the provisions for service slab, flower
bed, niche, utility area, AHU, Janitor Room etc. of about ______ sq.
mts. for beneficial use of the said flat. The Purchaser shall not be
entitled to claim use of similar facilities available with other flats. The
Purchaser shall use the above for the purpose for which the same is
sanctioned.

24. Notwithstanding whatever may have been mentioned hereinabove, the

Allottee/s is aware that the Promoters may construct further storeys
on the said Sale Residential Building as may be permissible as per
relevant rules and regulations. The Flat(s)/Apartment(s) Allottee/s
hereby gives his/her/its/their consent to the Promoter to construct such
additional floors on the said Sale Residential Building. However, costs,
charges and expenses of such construction shall be borne and paid by
the Promoter. Allottee/s and the Society/Common Organisation of the
Flat(s)/Apartment(s) Allottee/s will not object in carrying out such
construction by the Promoter on ground of nuisance or on any other
ground.

45
25. If at any time further construction is carried on, as herein provided by
the Promoter, then he/they shall be entitled to sell the
Flat(s)/Apartment(s) in such further construction on ownership basis to
others for his/their own benefit and shall be entitled to the price and
consideration received from them for his/their own use and benefit.
The Allottee/s and the said society/Common Organisation will not
have any share, right, title, interest or claim therein. The
Society/Common Organisation shall admit the Allottee/s as a member
of such new and/or additional construction in the society/Common
Organisation without charging any fees, transfer fees or consideration
except normal admission fee and share money amounting to Rs.600/-
(Rupees Six Hundred Only) to acquire shares of Society/Common
Organisation.

26. The aforesaid provision regarding construction to be carried on in

future by the Promoter and their right to sell the same on ownership
basis and the Society or Association or common organization or
Limited Company to admit such Allottee/s as member shall continue to
remain in effect even after the project is completed.

27. The Promoter has informed the Allottee/s and the Allottee/s is/are
aware and hereby accepts and agrees and give irrevocable Consent
to the Promoter as under:-

(i) to develop the said Project Land along with other adjacent
property / contiguous land parcel with the development of the
said Larger Land, as provided under the Proviso to Rule 4(4)
regarding the Disclosure by Promoter of Ongoing Real Estate
Projects of the Maharashtra Real Estate (Regulation and
Development) (Registration of Real Estate Projects,
Registration of Real Estate Agents, Rates of Interest and
Disclosures on Website) Rules, 2017 or properties as an
integrated development of larger complex;

(ii) The Promoter shall be entitled to grant any right of way or

license of any right through, over or under the said Project
Land to any person or party including occupant, Allottee(s) or
person entitled to any area or areas in any building(s) which
may be constructed by the Promoter on the said Project Land

46
 or any other adjoining property or properties or to any other
persons as the Promoter may desire or deem fit;

(iii) to revise the boundary or area of the layout in respect of the

said larger property and to submit any revised layout or
amended building plans for the purpose of revision of the layout
in respect of the larger land as the Promoter may desire or
deem fit from time to time.

(iv) to amalgamate or sub-divide or club the aforesaid scheme with

the other scheme/s on the said Project Land alongwith any
other adjoining property or properties as the Promoter may
desire or deem fit in their absolute discretion;

(v) to take benefit of any approval of development rights which

may become available in respect of the said Project Land with
any other property or properties either adjoining the said
Project Land or otherwise as may be permissible in law;

(vi) that the right of the Allottee/s shall be restricted only to the said
Flat(s)/Apartment(s) and the Allottee/s shall have no right to
any space, area or inside or outside the building and the same
shall continue to belong to the Promoter;

(vii) it is repeated for the sake of clarity that the right of the
Promoter to revise the layout and redevelop any portion(s) of
the said larger property is neither affected nor restricted in any
manner on account of the execution of this Agreement in favour
of the Allottee/s herein and all such rights are reserved unto the
Promoter without any restriction in any manner whatsoever;

(viii) notwithstanding what is contained herein to the contrary, the

Allottee/s do hereby irrevocably authorize the Promoter, to
submit any revised plan for the purpose of making any
amendment, change or modification in the Building Plans in
respect of the said Building in which the Allottee/s has/have
agreed to purchase the said Flat(s)/Apartment(s) as provided in
the Real Estate (Regulation & Development) Act, 2016, as the
Allottee/s is/are aware that the Promoter has balance Floor
Space Index (FSI) and/or development rights in respect of the
said Larger Land and/or the Promoter may become entitled to
any additional development rights or FSI in future and the

47
 Promoter intend to construct either additional floor or floors,
annex structures or additional wings to the said building and
the Allottee/s has/have no objection or dispute regarding the
same in any manner whatsoever;

(ix) the Promoter may construct a separate Rehab Wing or building

or additional floors for the accommodation of eligible slum
dwellers who may become eligible in a future date on the
Rehab Portion;

(x) the Transferable Development Right (T.D.R.) and/or the

Development Right Certificate (D.R.C.) which may be at any
time issued for the said Project Land or any part of the property
or arising out of Development of the said Project Land shall
always belong to the Promoter. The Allottee/s or the common
organization of all Allottee/s will not have any share, right, title,
interest or claim therein. The Promoter shall be entitled to sell,
dispose of or alienate the Transferable Development Right
(T.D.R.) and/or Development Rights Certificate (D.R.C.) of the
said Project Land or any part thereof to any person or persons
of their choice. The price or Consideration received by selling,
transferring or alienating such T.D.R., D.R.C. shall always
belong absolutely to the Promoter. The Allottee/s or the
common organization will not have any share, right, title,
interest or claim therein. If required by the Promoter requisite
provision will be made in Deed of Conveyance/Lease
Deed/Assignment of Lease of the property in favour of the
common organization of all the Flat(s)/ Apartment(s) Allottee/s;

(xi) if any, further FSI is granted or any further FSI is available by

use of any T.D.R. or otherwise hereafter even after execution
of Deed of Conveyance/ Lease Deed/ Assignment of Lease in
favour of Society/ Common Organisation, then the Developers
shall have exclusive right to use such FSI/TDR and to carry out
such construction on the said Project Land or on the building
constructed on the said Project Land or in the said larger
property or on any amalgamated or clubbed land or in any
clubbed Slum Rehabilitation Scheme(s). The Allottee/s and the
Society/Common Organisation will not have right to carry on
any further construction if possible by use of any T.D.R. or

48
 otherwise any further F.S.I. is granted or to consume any F.S.I.
even permitted in future. However, the costs, charges and
expenses of such construction shall be borne and paid by the
Developers. The Allottee/s and the Society/ Common
Organisation will not object to carrying on such construction by
the Developers;

(xii) The Promoter shall be entitled to use the present unutilized

and/or additional built up area F.S.I., T.D.R. or F.S.I. obtained
in any form/by any means including F.S.I. against handover of
amenity space and R. P. road/ D. P. road, internal road etc.
on the Larger Land by floating the same and/or in the said
Project as and when the same is permitted either by way of
construction of new building or adding floor/s or extension of
the said building which are presently permitted. Likewise the
Promoter shall also be entitled to use FSI pertaining additional
lands in the First Part of the Larger Land as and when
permitted by competent authority. The Allottee/s has hereby
given his irrevocable consent therefor and the Promoter shall
be entitled to revise the layout / building plans, get them
sanctioned from the competent authority, construct the
additional buildings/ floors/ units/ Flats/ Apartments permitted
by the competent authority and to allot/sell them to intending
persons. The Allottee/s shall have no objection for the said
new Allottee/s to be admitted as members of member society.
The Association shall get the new transferees admitted as its
members. Notwithstanding anything contained in this
Agreement to the contrary the Promoter shall be entitled to
utilise any balance and/or additional FSI and/or TDR or F.S.I.
obtained in any form as stated in above paragraphs on any
open space/ areas and/or on terraces above the building/s
either prior to or after completion of building/s and even after
conveyance/lease/assignment of the structure of building/s.
The Promoter shall also be entitled to transfer or assign the
said right to any other person and the same shall be conveyed
subject to the said right;

(xiii) if any time further construction is carried on, as herein before

provided by the Promoter, then he shall be entitled to sell
Flat(s)/Apartment(s) in such further construction on ownership

49
 basis to others for their own benefit and shall be entitled to the
price and consideration received from them for their own use
and benefit. The Allottee/s and the said society/Common
Organisation will not have any share, right, title, interest or
claim therein. The Society/ Association of Allottee/s or Limited
Company shall admit the Allottee/s as members of such new
and/or additional construction in the society/Common
Organisation without charging any fees, transfer fees or
consideration except normal admission fee and share money
amounting to Rs. 600/- from each of them to acquire shares of
Society/Common Organisation;

(xiv) the aforesaid provision regarding construction to be carried on

in future by the Promoter and their right to sell the same on
ownership basis and the Society/Association of Allottee/s or
Limited Company to admit such Allottee/s as member shall
continue to remain in effect even after the project is completed;

(xv) the Allottee/s declare and confirm that he/she/they/it are aware
that the said Sale Residential Building in which the said Flat(s)/
Apartment(s) is/are situated may be interconnected building
along with other building/s under development by the Promoter
and the Allottee/s have nothing to do with the ground area and
the same are not in proportion to each other and the Allottee/s
shall not be entitled to claim any further or other right to the
area other than the ground area under its Sale Residential
Building/Wing and the plinth area and/or the said Project Land
beneath the plinth area of the said Sale Residential Building
viz. “Omkar 1973 Worli”;

(xvi) so long as it does not in any way affect or prejudice the right of
the Allottee/s in respect of the said Flat(s)/ Apartment(s), the
Promoter shall be at liberty to sell, convey and transfer or
otherwise to deal with all other Flat(s)/ Apartment(s) and
spaces in the said Sale Residential Building or otherwise deal
with its right, title and interest in the said Project Land and/or in
the said Sale Residential Building in any manner it may deem
proper;

(xvii) the Allottee/s is/are aware that the total sanctioned FSI for the
said Project Land may not be fully consumed in-situ and the

50
 balance FSI may be consumed on the said Sale Residential
Building by constructing additional Flat(s)/Apartment(s) or
floors or additional wings or building or by carrying out
construction on the said Project Land or in the said larger
property or on any amalgamated or clubbed land or in any
clubbed Slum Rehabilitation Scheme(s). The Allottee/s hereby
gives his/her/their/its consent and No Objection for any such
further construction to be carried on the said Project Land inter
alia First Part of the Larger Property and/or on the said Sale
Residential Building, by way of further levels or by way of new
Wing or Wings or separate structure or building by the
Promoter in future;

(xviii) the Allottee/s shall not let, sub-let, transfer assign or part with
the said Apartment(s), interest or benefit of this Agreement or
part with the possession and/or personal license of the said
Flat(s)/Apartment(s) until all the dues payable by the Allottee/s
to the Promoter under this Agreement are fully paid up and only
if the Allottee/shave/had not been guilty of breach of or non-
observance of any of the terms and conditions of this
Agreement and until the Promoter have permitted in writing to
the Allottee/s in that behalf. The Promoter will be entitled to
impose such condition including payment of administrative
charges as may be decided by the Promoter for giving Consent
for such Transfer;

(xix) the Allottee/s shall observe and perform all the rules and
regulations which the Society/ Common Organisation of
Allottee/s of Flat(s)/ Apartment(s) may frame at its inception
and the addition, alterations or amendments thereof that may
be made from time to time for protection and maintenance of
the said Sale Residential Building and the said Flat(s)/
Apartment(s) and on the observance and performance of the
Building Rules, Regulations and Laws for the time being of the
concerned authority/authorities. The Allottee/s shall also
observe and perform all the stipulations and conditions laid
down by the said Society/Common Organisation of Allottee/s of
Flat(s)/ Apartment(s) regarding the occupation and use of the
said Flat(s)/ Apartment(s) and shall pay and contribute

51
 regularly and punctually towards the taxes, expenses or other
outgoings in accordance with the terms of this Agreement;

(xx) the Promoter has furnished to the Allottee/s the particulars of

estimated outgoings of the said Flat(s)/Apartment(s).

(xxi) the Promoter may sell, transfer or assign all their rights, title
and interest in the said Project Land (subject to the rights and
interests created in favour of the Allottee/s including in respect
of the unsold Flat(s)/ Apartment(s) in the said Sale Residential
Building but without in any manner affecting the Allottee/s
rights;

(xxii) the possession of the Common Areas in the said Sale

Residential Building shall remain with the Promoter whose
responsibility shall be to supervise (through the Maintenance
Agency) the maintenance and upkeep of the same until the
same is taken over as per applicable laws or directions of the
Government/Statutory body, by the common organization of the
Allottee/s or any other body or Association formed as per
provisions of the law;

(xxiii) If the said Sale Residential Building or any part thereof gets
demolished and/or gets damaged on account of any act of God
including earthquake, riots, floods or any other natural calamity,
act of enemy, war or other causes beyond the control of the
Promoter, such losses and damages incurred to the structure
after the possession of the Flat(s)/ Apartment(s) is handed over
to the Allottee/s will be fully sustained by the Allottee/s along
with the Allottee/s of other Flat(s)/ Apartment(s) and the
Promoter shall not be responsible for such loss/damage. The
Allottee/s shall have to make good the loss so sustained by
them;

(xxiv) The Promoter shall be entitled to and may change the name of
the said Sale Residential Building once or more than once on
or before obtaining completion certificate for the said Sale
Residential Building. However, the name of the said Sale
Residential Building shall not be changed by the Co-operative
Society, or Association or Limited Company formed by all such

52
 Allottee/s/ of Flat(s)/ Apartment(s) of the said Sale Residential
Building without written consent of the Promoter.

28. The Allottee/s is/are aware that the Promoter or the Maintenance
Agency nominated by the Promoter shall provide certain Maintenance
Services in the said Sale Residential Building until expiry of 2(two)
years from the date of obtaining full Occupation Certificate. The
Allottee/s hereby agrees to pay his share of costs, charges, expenses
and fees payable for the said services to the promoter or the Agency
as the case may be. Thereafter the said Society/ Common
Organization of Apartment Flat(s)/ Apartment(s) Allottee/s shall enter
into Maintenance and Service Agreement with the Promoter and/or the
said Agency appointed by the Promoter for Maintenance and Services
in the said Sale Residential Building for such fees and on such terms
and conditions as may be agreed upon. This condition is an essence
of the contract.

29. The Allottee/s state that it is in his/her/its/their interest to help the

Maintenance Agency in effectively keeping the Flat(s)/ Apartment(s)
and Sale Residential Building secured in all ways. The Allottee/s
hereby agrees and accepts that for security reasons, the Maintenance
Agency shall be at liberty to enforce a framework of guidelines to be
followed and observed by the occupants/ visitors to the Sale
Residential Building. However, it has been made clear to the Allottee/s
that the entire internal security of the Flat(s)/ Apartment(s) shall be
sole responsibility of the owner/ Allottee/s / occupant and the Promoter
or the Maintenance Agency shall not be responsible for any theft, loss
or damage suffered by the owner/ Allottee/s / occupant.

30. The Promoter has informed the Allottee/s that there are several
amenities which are proposed to be provided by the Promoter on the
Larger Land. All the amenities have been divided between the
various sub-projects within the common layout. The Allottee/s will not
insist upon access to amenities on the larger layout other than the
amenities expressly provided in the agreement and forming part of
the said Sale Plot/Project Land. The Allottee/s is aware that the said
Building “Omkar 1973 Worli” forms part of the larger layout and the
larger layout maybe developed by the Promoter or any other
developer.

53
31. The Allottee/s agrees that the Allottee/s shall from time to time sign
all relevant applications, papers, documents, and do all the acts,
deeds and things in pursuance to the transaction as may be required
for safeguarding the interests of the other Allottee/s / of
Flat(s)/Apartment(s) of the said Sale Residential Building including the
Allottee/s. The Allottee/s shall ensure that in the event the Allottee/s
gives possession of the said Flat(s)/ Apartment(s) to any third party by
way of lease or Licensee or otherwise, such person shall from time to
time, sign all applications, papers and documents and do all other
acts, as may be necessary for safeguarding the interests of the
Allottee/s of the Flat(s)/Apartment(s) of the said Sale Residential
Building.

32. The Flat(s)/ Apartment(s) Allottee/s is also aware that there may be
some shops/commercial units in the Sale Residential Building as per
the Scheme which may be sanctioned from time to time. In that event,
subject to what is stated elsewhere in this Agreement, the Promoter
shall form a composite society/ Common Organisation of the Sale
Residential Building inter alia, including the shops as set out
hereinabove.

33. Each of the Allottee/s and/or the Society/ Common Organisation shall
be liable to maintain, repair, renovate, reconstruct, re-build, on the said
First Part of the Larger property the electric sub-station, drainage line,
electric cables, common water pipeline, or any other common facilities
to be used and enjoyed by the Flat(s)/Apartment(s) Allottee/s of the
Sale Residential Building. The liabilities shall arise to do so from the
date of the Allottee/s is offered the possession on obtaining
Occupation Certificate of his/her/their said Flat(s)/ Apartment(s) or on
execution of the Deed of Conveyance/ Lease Deed/Assignment of “the
said Project Land” and the said Sale Residential Building in favour of
the society/Common Organisation of which he/she/they may become
member, whichever is earlier. Thereafter, the Promoter will not be
liable to repair, maintain, renovate, reconstruct or re-build the said
common facilities. Necessary covenants to this effect shall be made in
the Deed of Conveyance/ Lease Deed/Assignment Deed of the said
Project Land alongwith the said Sale Residential Building, to be
executed in favour of the Society/Common Organisation.

54
34. Under no circumstances, shall the Allottee/s get possession of the said
Flat(s)/ Apartment(s) without first paying to the Promoter all the
amounts due under this Agreement and also including interest due
thereon. The Promoter shall give possession of the said Flat(s)/
Apartment(s) to the Allottee/s on or before the possession date
mentioned on receipt of Occupation Certificate in respect of the said
Flat(s)/ Apartment(s), subject to the normal trade circumstances and
availability of building materials and other relevant factors, if any,
beyond the control of the Promoter. The Allottee/s shall be liable to
take possession of the Flat(s)/ Apartment(s) within a maximum period
of 15 (fifteen) days from the date of receipt of the notice thereof from
the Promoter for this purpose against payment of balance purchase
consideration and deposits, time being essence of the contract.

35. The stamp duty and registration charges, including penalty, if any,
payable in respect of this Agreement shall be borne and paid by the
Allottee/s alone. The Promoter shall not be liable to pay or contribute
any amount towards the same.

36. The Allottee/s shall, in addition to all the other amounts due and
payable under this Agreement, pay the stamp duty, registration
charges and all other costs, charges and expenses relating to all other
documents to be executed by the Allottee/s and/or the Promoter or the
Society/ Common Organisation till Deed of Conveyance/ Lease
Deed/Assignment Deed of “the said Sale Plot/Project Land” and the
said Sale Residential Building on the said Sale Plot/ Project Land in
favour of the Society/Common Organisation and other outgoings. The
Allottee/s shall also pay to the Municipal Corporation, Government or
other public body or authority his/her/their share of development or
betterment charges or any other cess, tax, levy or payment that may
hereafter be charged, levied or sought to be recovered in respect of
“the said Project Land” the said Sale Residential Building and other
structures standing thereon or any part thereof or the said
Flat(s)/Apartment(s) and car parking space under stilt/car parking in
the basement. The sale price of the said Flat(s)/Apartment(s) is
calculated on the aforesaid basis.

37. In the event of any stamp duty, registration charges or any other levy,
cess, sur charge, tax or payment becoming due or payable at any time

55
 before the Deed of Conveyance/ Lease Deed/Assignment Deed of
“the said Project Land and the said Sale Residential Building on the
said Project Land to the Society/ Common Organisation, the Allottee/s
shall deposit with the Promoter the amount proportionately or actually
due in respect of the said Flat(s)/ Apartment(s) before the Promoter
give possession of the said Flat(s)/ Apartment(s) or any time
thereafter.

38. Nothing contained in these presents is intended, nor shall be

construed to be a grant, demise or assignment in law of the said
Flat(s)/ Apartment(s) or any part of the said Sale Residential Building
or the said Project Land to the Allottee/s. However, as and when any
right or interest is created in the said Flat(s)/ Apartment(s) in favour of
the Allottee/s, then the same shall be subject to the Promoter’s first
lien and charge on the said Flat(s)/ Apartment(s) in respect of any
unpaid amount payable by the Allottee/s under this Agreement.

39. The Promoter hereby agree to observe, perform and comply with all
the terms, conditions, stipulations and restrictions, if any, which may
have been imposed by the concerned local authority, at the time of
sanctioning the plans and shall before handing over possession of the
said Flat(s)/Apartment(s) to the Allottee/s obtain from the concerned
local authority occupation and/or completion certificate of the said Sale
Residential Building/ part thereof.

40. Formation Of The Society / Limited Company / Condiminium:-

(i) The Promoter shall submit an application to the Competent

Authorities to form a co-operative housing society/ Limited
Company/ Condominium to comprise solely of the Allottee/s
and other Allottee/s of the units/ premises in the said
Building, under the provisions of the Maharashtra Co-
operative Societies Act, 1960 or any other Act that is
applicable and the Rules made thereunder, read with RERA
and the RERA Rules. The Promoter reserves its right to form
one or more Co-operative housing societies/ limited
company/ condominium.

(ii) The Allottee/s shall, along with other Allottee/s of premises/

units in the Real Estate Project, join in informing and

56
 registering a co-operative housing society/ limited company/
condominium under the provisions of the Maharashtra Co-
operative Societies Act, 1960 or such other act as may be
applicable and the Rules thereunder and in accordance with
the provisions of the RERA and RERA Rules, in respect of
the Real Estate Project in which the Allottee/s of the premises
in the Real Estate Project alone shall be joined as members
(“the Society”).

(iii) For this purpose, the Allottee/s shall, from time to time, sign
and execute the application for registration and/or
membership and all other papers, forms, writings and
documents necessary for the formation and registration of the
Society and for becoming a member thereof, including the
bye-laws of the Society and shall duly fill in, sign and return
to the Promoter within 7 (seven) days of the same being
made available to the Allottee/s, so as to enable the Promoter
to register the Society. No objection shall be taken by the
Allottee/s if any changes or modifications are made in the
draft/ final bye-laws of the Society, as may be required by the
Registrar of Co-operative Societies or any other Competent
Authority.

(iv) The name of the Society shall be solely decided by the

Promoter.

(v) The Society shall admit all Allottees of flats and premises in
the said Building as members, in accordance with its bye-
laws.

(vi) The Promoter shall, even after formation of the said Society be
entitled to deal and dispose off such unsold units/ tenements/
commercial premises/ parking spaces as per its choice and on
such terms and conditions and consideration as the Promoter
may deem fit and proper.

(vii) The Promoter shall be entitled, but not obliged to, join as a
member of the Society in respect of the unsold premises in
the Real Estate Project, if any.

(viii) Post the execution of the Society Transfer, the Society shall
be responsible for the operation and management and/or

57
 supervision of the Real Estate Project, and the Allottee/s shall
extend the necessary co-operation and shall do the
necessary acts, deeds, matters and things as may be
required in this regard.

(ix) The costs, charges, expenses, levies, fees, taxes, duties,

including stamp duty and registration charges, with respect to
the formation of the Society, including in respect of (a) any
documents, instruments, papers and writings, and (b) any
professional fees charged by the Advocates and Solicitors
engaged by the Promoter for preparing, drafting and
approving all such documents, instruments, papers and
writings shall be borne and paid by the Society/ Other
Societies and their respective members/ intended members
including the Allottee/s, as the case may be, and the
Promoter shall not be liable towards the same.

(x) Till the entire development of the said Property/ Larger Land
(including additional lands) to its full development potential has
been completed in all respects, the Allottee/s/ the Society shall
not interfere in any manner in any work of development or
construction and the Promoter alone shall have full control,
absolute authority and say over the un-allotted areas, roads,
open spaces, gardens, infrastructure facilities, recreation
facilities and/or any other common facilities or the amenities to
be provided and the Allottee/s shall have no right or interest in
the enjoyment and control of the Promoter in this regard and
the Allottee/s shall not hinder or obstruct the Promoter in this
regard or in the exercise by the Promoter of its aforesaid
rights.

(xi) The Society shall admit all Allottee/s of Flat(s)/ Apartment(s)

and premises in the said Tower/Wing as members, in
accordance with its bye-laws.

41. Formation Of The Apex Body:-

(i) Within a period of 3 (three) months from the obtainment of the

Occupation Certificate of the last building in the layout of the
said Larger Property and the said Project, the Promoter shall
submit application/s to the Competent Authority to form a

58
 federation of societies comprising the Society and Other
Societies, under the provisions of the Maharashtra Co-
operative Societies Act, 1960 and the Rules made thereunder,
read with RERA and the RERA Rules (“Apex Body”);

(ii) The costs, charges, expenses, levies, fees, taxes, duties,

including stamp duty and registration charges, with respect to
the formation of the Apex Body, including in respect of (a) any
documents, instruments, papers and writings, and (b) any
professional fees charged by the Advocates and Solicitors
engaged by the Promoter for preparing, drafting and approving
all such documents, shall be borne and paid by the Apex Body
and its members / intended members, and the Promoter shall
not be liable towards the same.

42. Transfer Of The Said Building And The Said Project Land:-

a. The Allottee/s hereby acknowledge(s) and agree(s) that the

Project is a part of a larger layout development and as such the
Promoter would convey only the built-up area of the Building
(except the basement and podium) to the society/ limited
company/ condominium/ association formed of the individual
building(s)/wing(s), which shall not be later than 3 (three )
months from the date of completion of the said building and
receipt of occupation certificate in respect thereof OR
handover all the Flats in the said building to respective
Allottee/s of the Building(s)/Wing(s) whichever is later.

b. In case of land owned by Government Bodies including State

Govt, MCGM, MHADA, MMRDA etc., the Chief Executive
Officer of the Slum Rehabilitation Authority (“SRA”) shall
pursuant to Section 15A of the Maharashtra Slum Areas
(Improvement, Clearance & Redevelopment) Act, 1971 (“Slum
Act”) and upon completion of the entire development of the
said Larger Land including the completion of development on
the additional land by utilizing the entire FSI/TDR that may be
permitted to be utilized therein in accordance with D.C.
Regulations that may be in force from time to time, lease the
Larger Land including the Project Land but excluding land
beneath the rehab building, buildable and non-buildable

59
 reservations to be handed over to the Authorities in favour of
the Society/Apex Body formed of the association. The
Allottee/s hereby agree(s) that he/she/it has understood the
provisions of this clause and hereby gives his/her/its
unequivocal consent for the same. The Allottee/s hereby
agree(s) and confirm(s) that till conveyance/lease/assignment
of the buildings and underlying Land/Project Land to the
association or apex body (as the case may be), the Allottee/s
shall continue to pay all the outgoings as imposed by MCGM
and / or concerned authorities and proportionate charges to the
Promoter from time to time. It is clarified that presently the
transfer is proposed to be effectuated in accordance with the
terms hereof and as per Section 15 A of the Slum Act.

c. Till a conveyance/Lease/Assignment of the Project Land and

the conveyance/lease/assignment of the Building in which Flat
is situated is executed in favour of the society/ Apex Body or
federation, the Allottee/s shall permit the Developer and their
surveyors and agents, with or without workmen and others, at
all reasonable times, to enter into and upon the Project Land or
any part thereof to view and examine the state and condition
thereof.

d. It is clarified that the Promoters in such cases is not the owner

of the said Larger Land and does not have or hold the rights to
convey or grant the lease/ conveyance/ assignment/ transfer in
respect of the said Larger Land/ Project land in favour of the
Society/Apex Body and accordingly, it is clarified that the only
obligation of the Promoters in this regard shall be to make the
requisite applications to the concerned authorities and to make
reasonable endeavours for execution of the transfer as
aforesaid in favour of the Society/ Apex Body. The proposed
lease deed and/or conveyance and/or assignment or other
instrument of transfer in favour of the Society/ Apex Body shall
be in accordance with the applicable laws, provisions of the
DCR and the policies pertaining to the redevelopment schemes
under Regulation 33(10) and Appendix IV of the DCR, as may
be adopted from time to time by the SRA/Government of
Maharashtra. All the costs, charges and expenses, penalties,
goods and service tax and other central government/state

60
 government taxes imposed, including but not limited to stamp
duty and registration fees in respect of such documents/
instruments for effectuating the aforesaid transfer shall be
borne and paid by the Society/ Apex Body; and the Promoters
shall not be liable to bear and pay any amounts towards the
same.

e. The Allottee/s has/have understood the aforesaid scheme as

envisaged by the Promoters regarding the aforesaid transfer in
favour of the Society/Apex Body; and the Allottee/s hereby
agree/s and undertake/s with the Promoters that the Allottee/s
shall never hold the Promoters responsible or liable if the
concerned authorities do not execute or approve the lease
deed for the aforesaid transfer in favour of the Society/ Apex
Body or any other document of transfer in respect of the
building/ Composite Building/free sale building in favour of the
Society. Moreover, the execution of the documents for
effectuating the transfer in favour of the Society shall be subject
to such terms and conditions as may be prescribed by the
SRA, the MCGM and/or any other concerned authorities and/or
the Government and the Allottee/s hereby agree/s and
undertake/s that the Allottee/s shall not challenge or raise a
dispute with regard to any of such terms and conditions, which
may be onerous in nature.

f. In case of land owned by the Promoter, the Promoter shall

notwithstanding any provision of law to the contrary subject to
the approval of or as may be directed by the Slum
Rehabilitation Authority execute in favour of the Society/ Apex
Body a lease or conveyance or assignment of the Project Land
as the Promoter may deem fit. The Promoter shall cause to
convey/ lease the title in respect of the Project Land to the
Society/ Apex Body within such period as the Promoter may
deem fit, however such conveyance/lease/assignment shall not
be later than 3 (three) months from date of the completion of
the entire development of the said Larger Land including the
completion of development on the additional land by utilizing
the entire FSI/TDR that may be permitted to be utilized therein
in accordance with D.C. Regulations that may be in force from
time to time and sale of all the flats/ premises/ commercial

61
 office/ units in the said Building/s / Wing/s and receipt of the
entire consideration in respect thereof.

g. Even if the Deed of Conveyance/Lease Deed/Assignment

Deed of the Project Land and the said Sale Residential Building
on the Project Land is executed in favour of the Society/
Common Organisation, the Promoter will not be bound to hand
over possession of the said Flat(s)/Apartment(s) to the
Allottee/s or to the Society/ Common Organisation unless and
until all the amounts which are due and payable by the
Allottee/s to the Promoter under this Agreement or otherwise
are paid along with interest @ SBI PLR + 2% p.a., if any, to the
Promoter. The Promoter shall have lien for unpaid price along
with interest, if any, payable to them as also for any other
amount payable by the Allottee/s to the Promoter. Till such
amount with interest, if any, is paid to the Promoter, the
Allottee/s or the Society/Common Organisation will not be
entitled to possession of the said Flat(s)/ Apartment(s). The
possession of the Promoter shall continue till then.

43. Representations And Warranties Of The Promoter:-

a. The Promoter hereby represents and warrants to the Allottee/s

as follows:-

i. The Promoter has clear and marketable title with

respect to the said Project Land, as declared in the title
report annexed to this agreement and has the requisite
rights to carry out development upon the said Project
Land and also has actual, physical and legal possession
of the said Project Land for the implementation of the
Project;

ii. The Promoter has lawful rights and requisite approvals

from the competent Authorities to carry out development
of the Project and shall obtain requisite approvals from
time to time to complete the development of the project;

iii. There are no encumbrances upon the said Project Land

or the Project except those disclosed herein or as
uploaded on the MAHARERA website;

62
iv. There are no litigations pending before any Court of law
with respect to the said Project Land or Project except
those disclosed and uploaded on MAHARERA site of
Govt.;

v. All approvals, licenses and permits issued by the

competent authorities with respect to the Project, said
Project Land and said building/wing are valid and
subsisting and have been obtained by following due
process of law. Further, all approvals, licenses and
permits to be issued by the competent authorities with
respect to the Project, said Project Land and said
building/ wing shall be obtained by following due
process of law and the Promoter has been and shall, at
all times, remain to be in compliance with all applicable
laws in relation to the Project, said Project Land,
Building/wing and common areas;

vi. The Promoter has the right to enter into this Agreement
and has not committed or omitted to perform any act or
thing, whereby the right, title and interest of the
Allottee/s / created herein, may prejudicially be affected;

vii. The Promoter has not entered into any agreement for
sale and/or development agreement or any other
agreement/ arrangement with any person or party with
respect to the said Project Land, including the Project
and the said Flat(s)/Apartment(s) which will, in any
manner, affect the rights of Allottee/s under this
Agreement;

viii. The Promoter confirms that the Promoter is not

restricted in any manner whatsoever from selling the
said Flat(s)/Apartment(s) to the Allottee/s in the manner
contemplated in this Agreement;

ix. At the time of execution of the conveyance deed/Lease

deed of the structure to the association of Allottee/s the
Promoter shall handover lawful, vacant, peaceful,
physical possession of the common areas of the
Structure to the Association of the Allottee/s;

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 x. The Promoter has duly paid and shall continue to pay
and discharge undisputed governmental dues, rates,
charges and taxes and other monies, levies,
impositions, premiums, damages and/or penalties and
other outgoings, whatsoever, payable with respect to the
said project to the competent Authorities;

xi. No notice from the Government or any other local body

or authority or any legislative enactment, government
ordinance, order, notification (including any notice for
acquisition or requisition of the said Project Land) has
been received or served upon the Promoter in respect of
the said Project Land and/or the Project except those
disclosed in the title report.

b. The Promoter hereby agrees to observe, perform and comply

with all the terms, conditions, stipulations and restrictions if any,
which may have been imposed by the concerned local authority
at the time of sanctioning the plans or thereafter and shall,
before handing over possession of the Premises to the
Allottee/s, obtain from the concerned local authority, the
Occupation Certificate subject to the Authorities imposing
standard terms and conditions on the Promoter for obtaining
such Occupation Certificate.

c. The Allottee/s is/are aware that Temple known as “Mariamman

Devi” is situated on C.S.No.913.

d. By its letter number ChE/1436/MC/Rds&tr/C-72 dated 7th

October, 2014, the Municipal Corporation of Greater Mumbai,
Chief Engineer (Road & Traffic) Department has granted
permission for public parking scheme under DCR 33 (24) on
the said Property/Larger Land to the Promoter. This scheme
which will entitle Public to Pay and Park their vehicles on the
Basement 1, 2 and Podium 1, 2 of Sale Tower A, B and C and
access to the same will be from proposed 22.80 meters DP
Road along the north edge of the Sale plot /Project Land.

e. The Allottee/s is/are also aware that the premises in Sale

Towers shall be bare shell premises. The Allottee/s is/are

64
 aware that the Allottee/s of such bare shell flats and bare shell
premises will carry out further civil, interior, plumbing, painting
work etc. in such flats and premises.

f. The Promoter under the Development Agreement dated 10th

April, 2013 with (i) Kash Foods Pvt. Ltd., (ii) Nakul Arya and (iii)
Varun Arya has agreed to allot an area admeasuring 79,218
sq. ft. of usable carpet area distributed in Sale Tower A and
Sale Tower B along with right of exclusive enjoyment of 72
(seventy two) car parking in Sale Tower A and Sale Tower B on
the Sale plot /Project Land said Project Land which is
hereinafter called “ the entire Owners’ Allocation”. “The entire
Owners’ Allocation” is distributed amongst (i) Kash Foods Pvt.
Ltd. (ii) Nakul Arya and (iii) Varun Arya as under:

(i) an area admeasuring 36,438 sq. ft. usable carpet area

in Sale Tower A and Sale Tower B along with 33 car
parks shall be allotted to Kash Foods Pvt. Ltd.;
(ii) an area admeasuring 21,343 sq. ft. usable carpet area
in Sale Tower B along with 19 car parks shall be allotted
to Nakul Arya;
(iii) an area admeasuring 21,437 sq. ft. usable carpet area
in Sale Tower A along with 20 car parks shall be allotted
to Varun Arya.

g. It is also agreed between the Promoter and Kash Foods Pvt.

Ltd. & Ors. that the Promoter shall not book, allot, sell, transfer,
assign, give on leave and license, lease or deal with or create
any right, title or interest in respect of the topmost 3 (three)
floors and the open terrace above the topmost floor of Sale
Tower C (called the Reserved Area – A) in favour of any
person prior to approval of plans of the Entire Floor Flat and the
Triplex Penthouse in Sale Tower A.

h. Further as set out in Clause 22 of the said Development

Agreement, Promoter has agreed not to book, allot, sell,
transfer, assign, give on leave and license, lease or deal with or
create any right, title or interest in respect of an area
admeasuring 20,677 sq. feet of usable carpet area in Sale
Tower B (called Reserved Area – B) until such time the

65
 Occupation Certificate of “the entire Owners’ Allocation” is
obtained and possession of “ the entire Owners’ Allocation” is
handed over to (i) Kash Foods Pvt. Ltd., (ii) Nakul Arya and (iii)
Varun Arya. The Reserved Area-B is more particularly
identified and earmarked in the Letter of the Promoters dated
13th April 2013. The Reserved Area – A and the Reserved
Area-B are collectively referred to as “the Reserved Area”.

i. It is one of the integral term of the aforesaid Development

Agreement that the Promoter shall not handover possession of
the flats on the higher or similar floors in the said building to its
Allottee/s unless the Promoter has handed over possession of
the “ the entire Owners’ Allocation” duly complete in all respect
along with Occupation Certificate.

j. One Pawan Kumar Arya has filed Notice of Lis-pendense and

registered the same with the Sub Registrar of Assurances at
Mumbai bearing Sr.No. BBE-1–2486–2015 in respect of
immovable properties described in the Thirteenth Schedule
hereunder written. The said Pawan Kumar Arya along with five
others have filed a suit being suit no. 194 of 2015 in the
Hon’ble High Court of Judicature at Bombay against Ravi
Arya & Ors (ten Defendants) wherein the Promoter is the
Defendant No.10. The Plaintiffs have settled the suit with the
Promoter and have filed consent terms with the Promoter and
an order dated 14th August 2015 is passed by Hon’ble Mr. G.S.
Patel in the suit . The suit is withdrawn interalia as against the
Promoter.

k. The Promoter has proposed amendment in the layout by

reducing the available area for construction of PPL 2 and shall
construct rehab wing B on such available land. The Promoter
further proposes to change the plans of Sale Tower 2 and Sale
Tower 3 of the Project. The changes proposed by the Promoter
are in respect of the floors for which Occupation Certificate is
not received by the Promoter. The proposed plans with such
changes in the Sale Tower 2 and Sale Tower 3 are annexed
herewith as Annexure “6”.

66
l. The Promoter shall complete the construction of the Club
House and amenities to be provided in the Project Land by
2020.

m. There shall be common amenities/ common areas and facilities

provided for exclusive use of the Allottees of Tower 1, Tower 2
and Tower 3. The common amenities/common area and
facilities shall become operational not later than year
December, 2010. It is clarified that the amenities and facilities
sanctioned for the aforesaid three towers shall be for the
exclusive use of the Allottees of the aforesaid three towers
only and they shall not be shared with or accessible to the
residents/allottees of other phases that may be developed by
the Promoter on balance Larger Layout.

n. The Promoter’s Second Property more particularly described

on the Fourth Schedule hereunder written was wrongly
designated as DPU 5.2 i.e. Electricity Transmission and
Distribution Facilities. Vide order dated 2nd May, 2017 in Suit
No.78 of 2016 before the Hon’ble High Court filed by Kala
Vazirani & Ors. the Court has directed “the MCGM, SRA and
the State Government in its Urban Development Department
that within 45 days of the date of this order take the necessary
steps, including under Section 37 of the Maharashtra Regional
& Town Planning Act 1966, to formally correct and remove the
error showing the designation of the electric receiving sub-
station on the plot.

o. Earlier the electric supply for the scheme was proposed to be

obtained from BEST Undertaking and as per their requirements
as stated in the LOR dtd. 7.08.2012 a receiving station was to
be proposed. The same was approved by SRA vide its letter
u/no. SRA/ENG/1308/GS/ML/LOI dtd. 17.04.2014.

p. The Promoter has proposed to obtain the electric supply for the
Scheme from TATA Power. The application for power supply to
TATA power dtd. 07.03.2016 was acknowledged and accepted
as seen vide the letter u/no. DCA/3000001147/1013 dtd.
14.03.2016. As seen in the letter, 5 nos. of substation are
required to be proposed in Tower 1, 2 & 3. Thus, no receiving
station is required and the land bearing C.S. No. 7E/1629 can

67
 be used for development as a part of the S.R. Scheme under
reference with prior approval of the competent authority. .

44. Representation Of The Purchaser/s / Allottee/s on Possession of

the said Flat:-

The Allottee/s shall, from the date of taking possession of his/her/their

said Flat(s)/Apartment(s):-

a) maintain the said Flat(s)/Apartment(s) at his/her/its/their own

costs as a prudent person in good and tenantable condition;

b) not to use the same in violation of any provision of law

applicable thereto;

c) not to use or permit the same to be used for any purpose other
than permissible under any law for the time being in force;

d) not to cause any nuisance or annoyance to the neighbors;

e) not to throw any dirt, rubbish or other refuse or permit the same
to be thrown in the passage or in the compound or any portion
of the said Sale Residential Building;

f) not to do or suffer to be done anything in or about to the said

Sale Residential Building or the said Flat(s)/Apartment(s) or in
the staircase and/or fire escape passage and/or the common
passages which may be against the rules or regulations and
bye-laws of the Municipal Corporation, MHADA and/or any
other concerned authority;

g) not to do or permit to be done any act or thing which may

render void or voidable any insurance of the said Project Land
and Sale Building in which the said Flat(s)/ Apartment(s) is
situated or any part thereof or whereby any increased premium
shall become payable in respect of the said Building and / or
the said Flat(s)/Apartment(s);

h) not to demolish or cause to be demolished the said Flat(s)/

Apartment(s) or any part thereof or make or cause to be made
any change, addition or alteration whatsoever in or to the said
Flat(s)/ Apartment(s) or any part thereof nor any alteration in
the elevation and outside colour scheme of the said Sale

68
 Residential Building and shall not chisel or in any other manner
damage the columns, beams, walls, slabs or RCC, Pardis or
other structural members in the said Flat(s)/ Apartment(s) or
any part thereof;

i) not to refuse or neglect to carry out any work directed to be

executed in the said Sale Residential Building or in the said
Flat(s)/ Apartment(s) after he/she/they had taken possession
thereof, by a competent authority, or require or hold the
Promoter liable for execution of such works;

j) not to encroach upon or make use of any portion of the said

Sale Residential Building or open space of the compound not
agreed to be acquired by him/them or otherwise not forming
part of the said Flat(s)/Apartment(s);

k) not to stock or keep any material, object or any other item in

the open space of compound and/or park any vehicle in the
compound;

l) not to restrain the Promoter or their servants and agents from

entering upon the said Flat(s)/ Apartment(s) for inspecting the
same at any reasonable hours or from carrying out any
construction or repair work on any part of the said Sale
Residential Building or the said Flat(s)/ Apartment(s) for proper
maintenance or continuation of the facilities and amenities
provided therein including making, repairing, maintaining,
cleaning and keep clean and in good condition all surfaces,
drains, pipes, cables, wires, gutters and other conveniences
belonging to or serving or used for the said Sale Residential
Building and also for laying down, maintaining, repairing and
testing drainage and water pipes and electric wires or similar
purposes;

m) become a member of the Co-operative Society, or any other

association or limited company formed by all such Allottee/s of
the Flat(s)/Apartment(s) and from time to time sign all letters,
writings, communications, applications forms and registration
documents and to do all other acts, deeds, matters and things
as the Promoter and/or the said Co-operative Society/
Associations/ Limited company shall require him to do;

69
n) observe, perform and comply with all the bye-laws, rules and
regulations of the Co-operative Society/Associations/Limited
Company;

o) not to sell, transfer, assign, let, grant leave and license, dispose
of or in any other manner deal with, dispose of or part with
physical possession of the said Flat(s)/ Apartment(s) or any
portion thereof or his right, title and interest thereto or therein or
under this Agreement, including car parking spaces to any
other person before paying to the Promoter all the amounts
payable to them hereunder and without first obtaining their prior
written consent in that behalf from the Promoter;

p) Pay to the Promoter within fifteen days of demand by the

Promoter, his share of security deposit demanded by the
concerned local authority or Government or giving water,
electricity or any other service connection to the building in
which the Flat(s)/ Apartment(s) is situated;

q) not to store in the said Flat(s)/Apartment(s) any goods which

are of hazardous, combustible or dangerous nature or are so
heavy as to danger the construction or structure of the Sale
Residential Building in which the said Flat(s)/Apartment(s) is
situated or storing of which goods, is objected to by the
concerned local or other authority and shall not carry or cause
to be carried heavy packages, which may damage or likely to
damage the staircase, common passage or any other structure
of the said Sale Residential Building and the said
Flat(s)/Apartment(s);

r) the Allottee/s shall pay to the Promoter the monthly contribution

as may be determined by the Promoter or agency appointed by
promoter from time to time due for the period commencing from
seven days after the said Flat(s)/Apartment(s) is offered for
occupation to the Allottee/s, regularly on or before the 5th day
of each and every month towards his/her/their provisional
proportionate share of any and other expenses, outgoings and
expenses due in respect of the said Flat(s)/Apartment(s) on
account of the following, inter alia, viz.:-

(i) maintenance, repairs to the said Sale Residential

70
 Building, the compound, the compound walls, water
pumps and electrical fittings, drainage and plumbing
installations and fittings, etc.;

(ii) cost of keeping the property clean and lighted;

(iii) Decorating and/or painting the exterior of the said Sale

Residential Building and passages and staircases;

(iv) Municipal and other taxes, cesses, levies and premium

in respect of the insurance of the said Sale Residential
Building, the said Project Land revenue, assessments,
etc.;

(v) salaries and wages of persons employed for watching

and/or cleaning the property, operating water-pumps,
maintaining records, etc.;

(vi) water & Sewerage charges & taxes etc.;

(vii) electricity charges for lifts and for salaries of liftmen;

(viii) sinking & other funds as may be determined by the

Promoter;

(ix) rent & cost of water meter or electrics meters;

(x) cost of water supplied by water tankers;

(xi) all other outgoings due in respect of the said Project

Land including those incurred for the exclusive benefit of
a Allottee/s and/or his/their tenement/ Flat(s)/
Apartment(s);

s) to pay to the Promoter within 15 days of demand by the

Promoter, his/her/their share of security deposit charges/
premium demanded by the concerned local authority or
Government for giving water drainage, electricity or any other
service connection to the said building in which the said Flat(s)/
Apartment(s) is situated;

t) to bear and pay increase in, local taxes, water charges,

insurance and such other levies, if any, which are imposed by

71
 the concerned local authority, and/or Government and/or other
public authority, on account of change of user of the said
Flat(s)/Apartment(s) by the Allottee/s, viz. user for any purpose
other than for residential purpose;

u) the said Flat(s)/Apartment(s) shall be used only for the

residential purposes by the Allottee/s;

v) pay proportionate share of property tax to the Mumbai

Municipal Corporation assessed on the said Sale Residential
Building Provided However that if any special taxes and/or
rates are demanded by the Municipal Corporation or any other
authority by reason of any permitted use other than for
residence or any other user of the said Flat(s)/Apartment(s),
the Allottee/s alone shall bear and pay such special taxes and
rates;

w) shall not put any signage or board in the said Sale Residential
Building or any part thereof or outside the said Flat(s)/
Apartment(s) except as may be permitted by the Promoter;

x) not to fix any grill(s) or any other objects outside the window(s)
and/or main door of the said Flat(s)/Apartment(s) other than
what has been provided by the Promoter at the time of giving
possession of the said Flat(s)/ Apartment(s);

y) Not to tamper with the elevation and aesthetic of the Sale

Residential Building in any manner whatsoever;

z) Till a conveyance/lease of the structure of the building in which

Flat(s)/ Apartment(s) is situated is executed in favour of
Society/Limited Society, the Allottee/s shall permit the Promoter
and their surveyors and agents, with or without workmen and
others, at all reasonable times, to enter into and upon the said
buildings or any part thereof to view and examine the state and
condition thereof.

45. Mortgage :-

45.1 After the Promoter executes this Agreement he shall not

mortgage or create a charge on the Flat(s)/Apartment(s) and if
any such mortgage or charge is made or created then

72
 notwithstanding anything contained in any other law for the time
being in force, such mortgage or charge shall not affect the
right and interest of the Allottee/s who has taken or agreed to
take such Flat(s)/Apartment(s).

45.2 The Allottee/s hereby declare/s and confirm/s that the Promoter
has prior to the execution hereof, specifically informed the
Allottee/s that:-

a. The Promoter has (as disclosed herein and the Title

Certificate) /may have in future an arrangement with certain
Banks and Financial Institutions (hereinafter collectively
referred to as "the said Banks"), under which the said Banks
have granted/ would grant a line of credit to the Promoter to
facilitate development of the said project carried on by
Promoter on the said Project Land, and as security for
repayment of loans which have been /may be advanced to the
Promoter by the said Bank, the Promoter has created/ may
create, cause to be created mortgages/ charges on the Larger
Land including the said Project land and construction thereon
in favour of the said Banks created in favour of the said
Banks;

b. The title deeds relating to said Project land have been/ have to
be deposited with the said Bank as security for repayment of
loans advanced hereafter by the said Banks to the Promoter
under the said line of credit;

c. By and under an Optionally Fully Convertible Debenture

Subscription Agreement dated 25th August 2011 (hereinafter
referred to as “the Debenture Subscription Agreement”)
executed inter-alia between Promoter and the IL&FS Trust
Company Limited, (trustee to INDIAREIT Fund Scheme IV and
acting in representative capacity of a trustee for INDIAREIT
Fund Scheme IV, the fourth scheme of INDIAREIT Fund)
(hereinafter referred to as the “Investor /Debenture Holder”),
the Promoter has agreed to issue to the Debenture Holder and
the Debenture Holder has agreed to subscribe to 19,900
(Nineteen Thousand Nine Hundred) unlisted secured
redeemable optionally fully convertible debentures of

73
 Rs.1,00,000/- (Rupees One Lac) each aggregating to
Rs.199,00,00,000 (Rupees One Hundred and Ninety Nine
Crores) on a private placement basis in the manner and on the
terms and conditions as contained therein. The Promoter has
agreed to create a lien on the Project Escrow Account and a
legal mortgage in favour of the Debenture Trustee of the Non
Slum Land and the free sale component of the Slum Land,
interalia on the property which is forming part of “the said
mortgaged property” subservient only to the First Mortgage
created in favour of Yes Bank Limited. By “Debenture Trust
Deed” dated 1st March, 2012 made between the said Promoter
and IDBI Trusteeship Services Ltd. duly registered with the
Sub-Registrar of Assurances of Mumbai under
Sr.No.BBE2/01421/2012, a second charge had been created in
relation to the property which is forming part of “the said
mortgaged property” in favour of IDBI Trusteeship Services
Ltd. towards the due repayment of all sums relating to the
19,900 (Nineteen Thousand Nine Hundred) Secured
Redeemable Optionally Convertible Debentures of
Rs.1,00,000/- (Rupees One Lakh ) (“OCDs”) each issued by
the Promoter together with interest and other charges due and
payable in relation thereto. By First Amendment Debenture
Subscription Agreement dated 7th July, 2016 read with Second
Amendment Debenture Subscription Agreement dated 15th
February, 2017, the parties have revised certain terms and
conditions of the aforesaid debentures more particularly
mentioned therein.

d. By its letter dated 16th May, 2012 the Promoter addressed to

IDBI Trusteeship Services Ltd. requested for granting NOC in
favour of Investors (PHL and PHL Finance) for creation of
second charge on the said mortgaged property in the said
IDBI‘s favour to secure NCDs and modification of charge
created in the said IDBI’s favour to secure OCDs such that the
same would rank subservient to the second charge proposed to
be created by the Promoter to secure the NCDs.

e. By Letter dated 17th May, 2012 issued by IL & FS Trust

Company Ltd. to IDBI Trusteeship Services Ltd. informed IDBI
that as trustee to Indiareit Fund Scheme IV it was decided to

74
 cede second charge on all the properties and assets as per
Debenture Trust Deed dated 1st March, 2012 with reference to
IL&FS Trust Co.Ltd. Investment of Rs.130 Crores in the said
Promoter. Consequently IL&FS Trust Co. Ltd. will have a
charge subservient to the second charge to be created in
favour of the IDBI Trusteeship Services Ltd. acting for and on
behalf of the debenture holders of the proposed issue of
RS.130 Crores. IL&FS Trust Co. Ltd. has agreed to change in
rank of charge from second charge to subservient charge.

f. Thereafter by “Debenture Trust Deed” dated 17thMay, 2012

made between the Promoter, Mr. Kamal Kishor Gupta, Mr.
Babulal Varma and IDBI Trusteeship Services Ltd. duly
registered with the Sub-Registrar of Assurances of Mumbai
under Sr.No.BBE2/03434/2012 was executed. Under the said
“Debenture Trust Deed” dated 17th May, 2012 second charge
has been created interalia on the said mortgaged property in
favor of IDBI Trusteeship Services Ltd. towards the due
repayment of Rs.130 crores relating to the issue of Non-
Convertible Debentures aggregating to 13,000 (Thirteen
Thousand) secured redeemable non-convertible debentures of
Promoter having face value of Rs. 1,00,000 (Rupees One
Lakh) each to be issued by the Promoter together with interest
and other charges due and payable in relation thereto.

g. By an Indenture of Mortgage between Promoter

and IDBI Trustship Services Ltd. registered with Sub-Registrar
Under Sr. No. BBE--3-281-2014 executed on 13.01.2014,
being a composite Indenture executed in respect of Facilities
to the extent of Rs. 1080 Crores availed by the Promoter under
various documents i.e. (i) Indenture of Mortgage Cum Charge
dated 16.07.2010 bearing registration no. BBE-3/7572/2010; (ii)
Indenture of Mortgage Cum Charge dated 16.12.2011 bearing
registration no. BBE-2/8827/2011 and (iii) Indenture of
Mortgage Cum Charge dated 3rd May, 2013 bearing registration
no. BBE-5/2162/2013 (iv) Assignment Cum Novation
Agreement dated 05th July, 2013 bearing registration No. BBE-
2/4478/2013 for assignment of Rs. 200 crores from Yes bank to
Allahabad Bank (v) Assignment Agreement dated 28th

75
 September, 2013 bearing registration No. BBE-5/4408/2013 for
assignment of Rs. 325 Crores from Yes Bank to IFCI Limited
(“Existing loan documents”). By the aforesaid Indenture of
Mortgage dated 13th January, 2014, charges created under
Existing Loan Documents were replaced at the request of said
Lenders (i.e. Yes Bank Limited, Allahabad Bank and IFCI
Limited) by creation of First ranking pari passu charge on the
properties/assets more particularly described in Schedule I,II
&III (“Underlying Securities”) of the said Indenture of
Mortgage Cum Charge dated 13/01/2014 and more particularly
described in the Tenth Schedule hereunder written in favour of
IDBI Trusteeship Service Limited on behalf of Facilities
extended by said Lenders under the aforesaid Existing Loan
Documents i.e. Yes Bank Limited (Rs. 555 Crores), Allahabad
Bank (Rs. 200 crores) and IFCI Limited (Rs. 325 crores) for the
aggregate facility of Rs. 1080 crores. Thereafter, by various
documents listed hereunder the Promoter further modified the
charge created on the Underlying securities as under:-

(i) By an Indenture of Mortgage cum Charge dated 30th

September, 2014 between Promoter as “Mortgagor” or
“Borrower” and Yes Bank Ltd. as “Lender” or “Bank”
registered with Sub-Registrar of Assurance under serial
number BBE-1/8873/2014, the Promoter has interalia
extended the First charge over the Underlying Securities on
paripassu basis in favour of Yes Bank Limited for securing
the repayment of the Facility of INR 4,000,000,000/-.
(ii) Thereafter By a Deed of Assignment dated 31st March 2015
executed interalia by Yes Bank as assignor and Bank of
Maharashtra as Assignee and registered under sr.no.
BBE2-6050-2015, Yes Bank assigned a portion of its
Facility to the extent of Rs. 75 crores to Bank of
Maharashtra together with its right, title and interest in the
Underlying Securities on pro-rata basis.
(iii) By and under a Deed of Assignment dated 12th May 2015
and executed between Yes Bank Limited, Omkar Realtors
Buildwell Private Limited (“ORBPL”) and the Promoter and
registered with office of sub-registrar of assurance at
Mumbai under registration sr.no. BBE-2-4641-2015
(“ORBPL Deed of Assignment”), Yes Bank Limited

76
 assigned portion of its loans /facilities (under the Mortgage
cum Charge dated 13th January 2014 bearing Serial No.
BBE3-281 of 2014 and Indenture of Mortgage cum Charge
dated 30th September, 2014 bearing Serial No. BBE1-1873
OF 2014) aggregating to Rs. 400,00,00,000/- (Rupees Four
Hundred Crores only) (“Assigned Loans”) together with the
Mortgaged Properties (defined as Underlying Security
Interest in the said Deed of Assignment) as provided in
Third Schedule contained therein to Omkar Realtors
Buildwell Private Limited for an aggregate consideration of
Rs.400,00,00,000/- (Rupees Four Hundred Crores only).
(iv) By a Deed of Rectification dated 20th June, 2015 between
the Promoters and Yes Bank Ltd. and registered with office
of Sub-Registrar of Assurances at Mumbai under
registration number BBE-2-6047/2015 to further modify /
rectify the Term Loan facilities of Rs.400 crores to include
the sub limits of the Term Loan of Rs.375 crores and Rs.25
crores respectively without any enhancement or increment
in the overall amount of facilities.
(v) Pursuant to No dues certificate granted by ORBPL upon
Promoter repaying all the outstanding dues including Rs.
400 Crores together with interest thereon under the ORBPL
Deed of Assignment, ORBPL executed Deed of Re-
conveyance dated 30th November 2015 in favour of the
Promoters herein and registered with office of Sub-registrar
of Assurances under sr.no. BBE1-12501-2015 for
reconveying /releasing the underlying Securities from the
mortgaged under the ORBPL Deed of Assignment in favour
of Promoter.
(vi) Subsequently by a Debenture Trust Deed dated 25/08/2015
registered under sr.no BBE-1-9748-2015 on 26th August
2015, executed interalia between Promoters and IDBI
Trusteeship Services Limited, the Promoter has interalia
created First Pari passu charge on the Underlying
Securities (excluding Identified Units, Highrise Sold Units,
Project Sold Units and Owners Units as defined therein)
and Second paripassu charge on Identified Units in favor of
IDBI Trusteeship Services Ltd. towards the due repayment
of Rs.400 crores relating to the issue of Non-Convertible
Debentures aggregating to 400 (Four Hundred) secured

77
 redeemable non-convertible debentures of Promoter having
face value of Rs. 1,00,00,000 (Rupees One Crore) each to
be issued by the Promoter together with interest and other
charges due and payable in relation thereto

h. By an Indenture of Mortgage cum Charge dated 13thFebruary,

2015 with Yes Bank Ltd/ A/c High-rise Facility Solution Pvt. Ltd.
(“Highrise”) registered with Sub-Registrar under serial number
BBE-1/1914/2015, a security is created in respect of property
more particularly described in Schedule Eleventh hereunder
comprising of (i) Fees, collections and contractual receivables
along with all current assets of the borrower i.e. High Rise
Facility (both present & future) along with escrow of the same
as defined in Part B,C, D & E of Schedule III mentioned therein
as exclusive charge; (ii) 12 flats comprising of saleable area
admeasuring to 100849 square feet in the proposed Project of
Omkar 1973, Worli as defined in Part A of Schedule III as
exclusive charge (hereinafter referred to as “Highrise Units”);
and (iii) charge on the Worli 1973 project cash flows as defined
in Part F of Schedule III subservient charge to all the existing
lenders for a term loan of Rs.220 crores (Rupees Two Hundred
Twenty crores only). By a registered Deed of Reconveyance
dated 24th May, 2016 between Yes Bank Limited as
“Mortgagee” in favour of M/s. High Rise Facility Solution Private
Limited as “Borrower” or “Mortgagor 1” and the Promoter herein
and therein referred to as “Mortgagor 2”, it was agreed between
the parties that the Mortgagors shall provide security in the
form of alternate flats and in lieu of the same, the Mortgagee
shall release their charge and reconvey unto the Mortgagors
the immovable properties consisting of 7 flats absolutely and
forever. By a registered Deed of Rectification dated 24th May,
2016 between M/s. Highrise Facility Solutions Private Limited
as “Borrower” or “Mortgagor 1” and the Promoter herein and
therein referred to as “Mortgagor 2” in favour of Yes Bank Ltd.
as “Mortgagee” or “Lender” it was agreed by the parties to
replace 7 specified units with 6 new flats. Pursuant to the Deed
of Reconveyance and Deed of Rectification, the list of flats is
described in Part A of the Eleventh Schedule mentioned
hereunder.

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i. Pursuant to (i) Debenture Trust Deed dated 29th June, 2015
registered under sr.no. BBE1-7561 of 2015 (ii) Supplemental
cum Rectification to the Debenture Trust Deed dated 15th
September 2015 registered under sr.no. BBE1-10561-2015 (iii)
Supplemental to the Debenture Trust Deed dated 8th December
2015 registered under sr. no. BBE1-12743-2015 and (iv)
Supplemental to the Debenture Trust Deed dated 22nd
February, 2016 registered under serial number BBE-1-
1489/2016 (v) Supplemental to the Debenture Trust Deed
dated 17th March, 2017 registered under serial number BBE-3-
1556-2017 (collectively referred to as “said Deeds”), inter-
alia executed between Omkar City Development Private
Limited (OCDPL), Omkar Realtors & Developers Private
Limited and IDBI TRUSTEESHIP SERVICES LIMITED as the
Debenture Trustee therein and First Charge by way of
mortgage was created on the First Identified Units, Second
Identified Units, Third Identified Units and Fourth Identified
Units in the 1973 Worli Project (hereinafter collectively referred
to as “said Identified Units”) and more particularly described in
schedule fourteenth hereunder in favour of the Debenture
Trustee therein to secure the funds raised by OCDPL by
issuance of 800 secured, redeemable, non-convertible
debentures of face value Rs. 1,00,00,000/- (Rupees One Crore
only) aggregating to Rs. 800,00,00,000/- (Rupees Eight
Hundred Crores Only) on a private placement basis each on
the terms and conditions set out in the said Deeds respectively.

j. By a Deed of Mortgage dated 22nd February, 2017 duly

registered with the Joint Sub-Registrar, Mumbai City under Sr.
No. BBE-3- 1058-2017 entered into between Omkar Realtors &
Developers Pvt. Ltd. as Borrower or Mortgagor of the One Part
and Yes Bank Ltd. as Lender of the Second Part and IDBI
Trusteeship Services Ltd. as Security Trustee of the Third Part,
the Mortgagor therein has created a pari-passu charge in
favour of the Lender therein in respect of the properties
including project receivables/ existing and future receipts/
collections and insurance proceeds pertaining to the Project,
and more particularly mentioned in Schedule III therein, for
securing the repayment of credit facility to the extent of Rs.
5,000,000,000/- (Rupees Five Billion Only).

79
k. Director of the Promoter Mr. Gaurav Gupta has given an
Undertaking in favor of MCGM dated 14th March,2007. Under
the said Undertaking there is a clause No. 9 which is
reproduced herein

“Omkar has undertaken not to sell such earmarked area on the

approved plan in open market unless full and final payment of
capitalized value is paid to MCGM.” On 13th October,2008, 10%
(ten percent) of the capitalized value was paid by the Promoter
to MCGM. Subject to Promoter making full and final payment
for capitalized value to MCGM in respect of the earmarked
portion, the Promoter shall be able to sell any flat of such
earmarked portion. The earmarked portion is more particularly
described in the twelfth schedule hereunder written and which
is hereinafter called the said MCGM earmarked area.”

45.3 The Promoter specifically reserves its right to offer the said
Project Land along with the construction thereon or any part
thereof, including but not limited to the said Project and all the
residuary right, title and interest in the said Flat(s)/Apartment(s)
to be constructed on the said Project as security (including by
way of a mortgage or charge or hypothecation of receivables of
allotted flats being the installments of purchase price together
with interest and other charges payable thereon.) to any other
credit/financial institution, bank or other person/body, who has
advanced or may hereafter advance credit, finance or loans to
the Promoter, and the Allottee/s has/have given and granted
his/her/their/its specific and unqualified consent.

45.4 The Allottee/s hereby irrevocably and unconditionally declare/s,

agree/s, undertake/s, covenant/s, confirm/s and assure/s that
he/she/they/it shall, if and whenever requested by the Promoter
hereafter in this regard, and within 7 (seven) days of receiving
the Promoter's written intimation in this regard, sign, execute and
give to the Promoter, and in such form as may be desired by the
Promoter, any letter or other document recording his/her/their/its
specific, full, free and unqualified consent and permission for the
Promoter offering and giving the said Project Land and/or the
Said Project proposed to be constructed on the said Project Land

80
 by the Promoter, as security (save and except the said Flat(s)/
Apartment(s) in the manner mentioned hereinabove. It is
expressly clarified, agreed and understood that strict compliance
of this condition on the part of the Allottee/s shall be of the
essence of this Agreement, and that on the basis of the
declaration, agreement, undertaking, covenant, confirmation and
assurance made/given by the Allottee/s herein, the Promoter has
entered into this Agreement.

46. Copy of the Property Card of the said Project Land is hereto annexed
and marked Annexure “7”. A copy of approved floor plan in respect of
the said Flat(s)/ Apartment(s), delineated in Red ink is hereto annexed
and marked Annexure “4”. A copy of the location plan of the Project
Land is annexed and marked as Annexure - “8”.

47. Binding Effect:-

Forwarding this Agreement to the Allottee/s by the Promoter does not

create a binding obligation on the part of the Promoter or the Allottee/s
until, firstly, the Allottee/s signs and delivers this Agreement with all
the schedules along with the payments due as stipulated in the
Payment Plan within 30 (thirty) days from the date of receipt of the
notice to that respect by the Allottee/s and secondly, appears for
registration of the same before the concerned Sub- Registrar as and
when intimated by the Promoter. If the Allottee/s fails to execute and
deliver to the Promoter this Agreement within 30 (thirty) days from the
date of its receipt by the Allottee/s and/or appear before the Sub-
Registrar for its registration as and when intimated by the Promoter,
then the Promoter shall serve a notice to the Allottee/s for rectifying
the default, which if not rectified within 7 (Seven) days from the date of
its receipt by the Allottee/s, application of the Allottee/s shall be
treated as cancelled and all sums deposited by the Allottee/s in
connection therewith including the booking amount shall be returned to
the Allottee/s without any interest or compensation whatsoever,
subject to the deduction of the liquidated damages as stated
hereinabove.

The Promoter shall enter into separate agreements with the Allottee/s
of different Flat(s)/Apartment(s) in the said Sale Residential Building
for sale to them on ownership basis on terms and conditions
substantially similar hereto and the benefit of this and such other

81
 agreements shall ensure for benefit of all Allottee/s in the said Sale
Residential Building and shall be available for enforcement not only
against the respective Allottee/s there under but also against all /
Allottee/s in the Sale Residential Building and the provisions of such
agreements shall bind to the extent applicable, transferees of the said
Flat(s)/Apartment(s) from the original Allottee/s also.

48. Entire Agreement:

This Agreement, along with its schedules, constitutes the entire

Agreement between the Parties with respect to the subject matter
hereof and supersedes any and all understandings, any other
agreements, allotment letter, correspondences, arrangements whether
written or oral, if any, between the Parties in regard to the said
Flat(s)/Apartment(s).

49. Right To Amend:

This Agreement may only be amended through written consent of the
Parties.

50. Provisions Of This Agreement Applicable On The Allottee(s)/

Subsequent Allottee/s:-

It is clearly understood and so agreed by and between the Parties

hereto that all the provisions contained herein and the obligations
arising hereunder in respect of the Project shall equally be applicable
to and enforceable against any subsequent Allottee/s of the
Flat(s)/Apartment(s), in case of a transfer, as the said obligations go
along with the Flat(s)/Apartment(s) for all intents and purposes.

51. Severability:-

If any provision of this Agreement shall be determined to be void or

unenforceable under the Act or the Rules and Regulations made
thereunder or under other applicable laws, such provisions of the
Agreement shall be deemed amended or deleted in so far as
reasonably inconsistent with the purpose of this Agreement and to the
extent necessary to conform to Act or the Rules and Regulations
made thereunder or the applicable law, as the case may be, and the
remaining provisions of this Agreement shall remain valid and
enforceable as applicable at the time of execution of this Agreement.

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52. Method Of Calculation Of Proportionate Share Wherever Referred
To The Agreement:-

Wherever in this Agreement it is stipulated that the Allottee/s has to

make any payment, in common with other Allottee/s in Project, the
same shall be the proportion which the carpet area of the
Flat(s)/Apartment(s) bears to the total carpet area of all the
Flat(s)/Apartment(s) in the Project.

53. Further Assurances:-

Both Parties agree that they shall execute, acknowledge and deliver to
the other such instruments and take such other actions, in additions to
the instruments and actions specifically provided for herein, as may be
reasonably required in order to effectuate the provisions of this
Agreement or of any transaction contemplated herein or to confirm or
perfect any right to be created or transferred hereunder or pursuant to
any such transaction.

54. Place Of Execution:-

54.1 The execution of this Agreement shall be complete only upon its
execution by the Promoter through its authorized signatory at the
Promoter’s Office, or at some other place, which may be
mutually agreed between the Promoter and the Allottee/s After
the Agreement is duly executed by the Allottee/s and the
Promoter or simultaneously with the execution the said
Agreement shall be registered at the office of the Sub-Registrar.
Hence this Agreement shall be deemed to have been executed
at Mumbai.

54.2 The Allottee/s has represented and warranted to the Promoter

that he/she/they/it has/have the power and authority to enter into
and execute this Agreement.

54.3 The Allottee/s shall lodge the original hereof for registration with
the Sub-Registrar of Assurances at Mumbai within one month
from the date hereof and after due intimation the Promoter shall
attend such office and admit execution of the Agreement for sale.

54.4 The Advocates and Solicitors for the Promoter shall prepare
and/or approve as the case may be the Deed of

83
 Conveyance/Deed of Lease, other supplemental documents to
be executed in pursuance of this Agreement.

55. Waiver:-

The delay or indulgence on the part of the Promoter in enforcing any

of the terms hereof, or any forbearance or giving of time shall not be
construed as waiver on their part of any breach or non-compliance of
any other terms and conditions hereof by the Allottee/s nor shall the
same in any manner prejudice any of the Promoter's rights hereunder
or otherwise under law.

56. Allottee(s) Also An Investor:-

The Allottee/s is also an Investor (or person) within the meaning of

Article 5 (g-a) (ii) of Schedule - I of the Bombay Stamp Act 1958 and
the subsequent Allottee/s under a subsequent sale shall within a
period of one year from the date of this agreement be entitled for
adjustment of duty if any paid on this agreement. Provided that this
clause shall automatically lapse if no such transfer as above is made
within the said period of one year. Further provided that in the event of
any change in the provisions of law in this respect, this clause shall
stand amended mutatis mutandis.

57. Not A Grant:-

Nothing contained in this Agreement is intended to be nor shall be

construed as a grant, demise or assignment in law, of the said
Premises and the said Project Land and/or any buildings/ towers/
wings as may be constructed thereon, or any part thereof. The
Allottee/s shall have no claim save and except in respect of the said
Flat(s)/Apartment(s) hereby agreed to be sold to him and all open
spaces, parking spaces, lobbies, staircases, terraces, recreation
spaces and all other areas and spaces and lands will remain the
property of the Promoter as hereinbefore mentioned until the Society
Conveyance/ Lease and the Apex Body Conveyance/ Lease, as the
case may be. However, as and when any right or interest is created in
the said Flat(s)/Apartment(s) in favour of the Allottee/s, then the same
shall be subject to the Promoter’s first lien and charge on the said
Flat(s)/ Apartment(s) in respect of any unpaid amount payable by the
Allottee/s under this Agreement.

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58. Registration:-

The Allottee/s and/or Promoter shall present this Agreement as well as

the conveyance/assignment of lease at the proper registration office of
registration within the time limit prescribed by the Registration Act and
the Promoter will attend such office and admit execution thereof.

59. Notices:-

59.1 All letters, receipts and/or notices dispatched by the Promoter

under Certificate of Posting/courier to the Allottee/s at
his/her/their address given in the Agreement shall be deemed to
have been properly delivered to him/her/them on the 7th(seventh)
day of its posting. That the Allottee/s shall have their complete
and correct address(es) registered with the Promoter at the time
of registration and it shall be their responsibility to inform the
Promoter by registered post acknowledgement due about all
subsequent changes, if any, in their address(es), failing which all
demand notices and communications posted at the first
registered address(es) shall be deemed to have been received
by him/her/them at the time when those should ordinarily reach
at such address(es) and the Allottee/s shall be responsible for
any default in payment and other consequences that might occur
therefrom.

59.2 That all notices to be served on the Allottee/s and the Promoter
as contemplated by this Agreement shall be deemed to have
been duly served if sent to the Allottee/s or the Promoter by
Registered Post A.D or notified Email ID/ Under Certificate of
Posting at their respective addresses specified below:

___________________ Name of Allottee/s

___________________ (Allottee/s Address)
__________________________________
Notified Email ID: ___________________

Omkar Realtors & Developers Pvt. Ltd.,

Omkar House, Off. Eastern Express Highway,
Sion-Chunabhatti Signal,
Sion (East),
Mumbai – 400 022
Notified Email ID: ______________________

85
 59.3 It shall be the duty of the Allottee/s and the promoter to inform
each other of any change in address subsequent to the
execution of this Agreement in the above address by Registered
Post failing which all communications and letters posted at the
above address shall be deemed to have been received by the
promoter or the Allottee/s, as the case may be.

60. Joint Purchaser/s / Allottee/s:-

That in case there are Joint Allottee/s all communications shall be sent
by the Promoter to the Allottee/s whose name appears first and at the
address given by him/her which shall for all intents and purposes to
consider as properly served on all the Allottee/s.

61. Governing Law:-

That the rights and obligations of the parties under or arising out of this
Agreement shall be construed and enforced in accordance with the
laws of India for the time being in force and the courts at Mumbai will
have the jurisdiction for this Agreement

62. Dispute Resolution:-

If any dispute, difference or question shall arise between the parties

hereto or any person or persons claiming through any party hereto and
the other party or between the persons claiming through both the
parties hereto regard to interpretation of any one or more clauses
herein or as to the rights, liabilities and obligations of the parties or
accounts or as to the damages, then the same shall be referred to
arbitration. Arbitration proceedings shall be under the provisions of
Arbitration & Conciliation Act, 1996 or any modification or re-
enactment thereof.

In Witness Whereof the parties hereto have hereunto set and

subscribed their respective hands and signatures the day and year first
hereinabove written.

THE FIRST SCHEDULE ABOVE REFERRED TO

All that piece or parcel of land bearing CS Nos.286 (part), 1629(part)
now renumbered as 7D/1629, 6/1629 now renumbered as 6A/1629 and

86
6B/1629, 913 and 793(part) of Lower Parel Division admeasuring 27665.3 sq.
mts. or thereabouts situated at Pandurang Budhkar Marg, Worli within the
registration Sub-District and District of Mumbai city and bounded as follows:
On or towards East – C.S.Nos.2/914, 914, 4/914, 3/914, 1/914, 915, 913,
1A/913, 1/913, 793 & Century Mill.
On or towards West – Asphalt Plant, C.S.No. 7E/1629, Mehra House,
Udyog Bhavan, C.S.No.1629(pt), C.S.No.1545, 1546
& 286(pt) &Neelam Centre
On or towards North– by land bearing C.S. No.286(part), 1629(pt)
On or towards South – by Pandurang Budhkar Marg, C.S. No. 1629(part)

THE SECOND SCHEDULE ABOVE REFERRED TO:

(the Government’s Property)
All that piece or parcel of land bearing C.S. No.1/914 of Lower Parel Division
admeasuring about 41.81 square meters or thereabout and C.S.No.3/914 of
Lower Parel Division admeasuring 174.75 square meters or thereabouts
situated at Pandurang Budhkar Marg, Worli within the registration Sub-District
and District of Mumbai city and Suburban and bounded as follows:

BOUNDARY OF C.S. NO.1/914 :

On or towards East – by land bearing C.S. No. 3/914
On or towards West – by land bearing C.S. No. 286
On or towards North– by land bearing C.S. No. 3/914
On or towards South – by land bearing C.S. No. 915

BOUNDARY OF C.S. NO. 3/914 :

On or towards East – by land bearing C.S. No. 913
On or towards West – by land bearing C.S. No. 286 and 1/914
On or towards North – by land bearing C.S. No. 914 and 4/914
On or towards South – by land bearing C.S. No. 915

THE THIRD SCHEDULE ABOVE REFERRED TO.

(the Promoter’s first property)
All that the lands being Collector’s Old Nos. 86,15,151,153,161,162
and 412 Collector’s New Nos. B/11990 and 12446 and Laughton’s Survey
No.3002 (Part) bearing Cadastral Survey No.2/914 of Lower Parel Division
admeasuring according to Title Deeds 2981.72 sq.yds. and according to the
Property Register Extract 2396.80 sq.mtrs. but ascertained on actual survey
admeasuring 2391 sq.mtrs. or thereabout within the Registration Sub-District

87
and District of Mumbai City and Mumbai Suburban together with the structure
standing thereon and bounded as under:-

On or towards the North : by land bearing CS No.286(part)

On or towards the South : by land bearing C.S. No.914 and 4/914
On or towards the East : by land bearing CS No.913
On or towards the West : by land bearing C.S. No.286:

THE FOURTH SCHEDULE ABOVE REFERRED TO.

(The Promoter’s second property).
All that piece or parcel of land or ground situate, lying and being Hind
cycle of Road Worli, Mumbai bearing Plot No.250B of Worli Estate Scheme
No.52 which is bearing Cadastral Survey no.1629 of Lower Parel Division and
in a lease executed by Municipal Corporation in favour of the said Society the
same is mentioned as Cadastral Survey No.7/1629 (Part) and now bearing
C.S.No.7E/1629 of Lower Parel Division admeasuring 1293 sq.mtrs., or
thereabout together with all the structures standing thereon including a
building standing thereon known as Crest House within the Registration Sub-
District and District of Mumbai City and Mumbai Suburban and bounded as
follows:
On or towards the North – by Municipal Asphalt Plant,
On or towards the South – by Mehra House
On or towards the East – by Proposed 12.20 Wide DP Road
[CS No.286 (part)],
On or towards the West – by CS No.7A/1629

THE FIFTH SCHEDULE ABOVE REFERRED TO.

(the Kash Food’s Property).
All that piece and parcel of land bearing CS Nos.914, 4/914, 1/913,
1A/913 and 915 of Lower Parel Division admeasuring 4134 sq. mts. or
thereabouts situated at Pandurang Budhkar Marg, Worli, Mumbai.

THE SIXTH SCHEDULE ABOVE REFERRED TO.

(the Promoter’s third Property)
All that piece and parcel of land containing by admeasurements 1848
sq. yards equivalent to 1545.16 sq. mtrs.or thereabouts bearing C. S. No. 914
of Lower Parel Division situated at Pandurang Budhkar Marg, Worli.

88
 THE SEVENTH SCHEDULE ABOVE REFERRED TO.
(the Sale plot /Project Landsaid Sale plot
/Project Land/Project Land)
All that piece and parcel of land bearing CS Nos.2/914, 4/914, 914,
3/914, 1/914, 915, 1A/913(part), 913(part) and 286(part) admeasuring about
14501.93 sq. mtrs.or thereabouts of Lower Parel Division, Worli within the
registration Sub-District and District of Mumbai city and Suburban and
bounded as follows:
On or towards North : Proposed 22.80 mtrs. wide DP Road
[CSNo.286(part)]
On or towards South : Rehab Plot
On or towards East : Century Mill
On or towards West : Proposed 12.20 mtrs. wide DP Road
[CS No.286(part)]

THE EIGHTH SCHEDULE ABOVE REFERRED TO.

(the said proposed access road).
All that piece and parcel of land bearing CS Nos.286(part),
2/914(part), 7E/1629(part) and 793(part) of Lower Parel Division admeasuring
10943.42 sq. mts. or thereabouts, Worli within the registration Sub-District
and District of Mumbai city and Suburban and bounded as follows:

On or towards North : Proposed 22.80 mtrs. wide DP Road

[C.S.No.286(part)]
On or towards South : Pandurang Budhkar Marg [C.S. No.286(part)]
On or towards East : Sale and Rehab Plots
On or towards West : 7E/1629, Mehra House, Udyog Bhavan,
1629(part), 1545 and 1546.

THE NINTH SCHEDULE ABOVE REFERRED TO:-

(“the said flat”)
Flat No._______on the _____floor in Sale Tower viz. “___” in the Building
known as “Omkar 1973 Worli” lying and located on the property bearing
C.S.Nos. 2/914, 4/914, 914, 3/914, 1/914, 915, 1A/913(part), 913(part) and
286(part) admeasuring about 14501.93 sq. mtrs.or thereabouts of Lower
Parel Division and more particularly described in the Seventh Schedule
herein above written. The carpet area of the Flat(s)/Apartment(s) is
_________ square meters as per RERA and the carpet area of the said
Flat(s)/Apartment(s) is ______ square meters as per MOFA and _________

89
Nos. of car parking space/s in basement level/stilt for the beneficial use of the
Allottee(s).

TENTH SCHEDULE
“the said mortgaged property/ Underlying Securities ”
SCHEDULE I
DESCRIPTION OF PROPERTIES

PART A

[WORLI – SRA PROJECT]

Property being saleable FSI admeasuring 55668.44 sq. mtrs. permitted to be
constructed over all that piece and parcel of land bearing C.S. No. 286 (pt),
793 (pt), 913, 1/914, 3/914, 1629 (pt) and 6A/1629 and 6B/ 1629 (erstwhile
6/1629) alongwith adjoining non slum plot bearing CS No. 1/913, 1A/913,
914, 2/914, 4/914 and 915 and 7E/1629 (Crest Scheme plot No. 250 B)
admeasuring in aggregate 37,674.29 sq. mtrs. situated at Village Lower
Parel, Worli, Mumbai – 400025 within the registration Sub-District and District
of Mumbai City and Mumbai Suburban alongwith the structures built thereon
and future FSI and constructions thereon (excluding the area of 79,218 sq. ft.
to be allotted to the Owners as mentioned under Annexure – XI-A of the
Agreement for Grant of Development Rights dated 10th April, 2013).

PART B
[WORLI COMMERCIAL PROPERTY (VIGNAHARTA)]
Property being all that piece and parcel of Land alongwith structures standing
thereon admeasuring 2981.72 sq. yards or thereabout and according to the
Property Registered Extract 2396.80 sq. mtrs. or thereabout and on actual
survey admeasuring 2391 sq. mtrs., situated at being Collector Old nos. 86,
15, 151, 153, 161, 162 and 412, Collector’s New nos. B/11990 and 12446
and Laughton’s Survey no. 3002(pt), bearing Cadastral Survey no. 2/914 of
Lower Parel Divison, within the Registration Sub-District and District of
Mumbai City and Mumbai Suburban alongwith the structure standing thereon
and future FSI and constructions thereon.

PART C
[CHEMBUR LAND]
Property being all that piece and parcel alongwith structures standing thereon
bearing City Survey no. 490 admeasuring 7275 sq. mtrs. or thereabout and
City Survey No. 492 admeasuring 1110.60 sq. mtrs., situated at Village

90
Mahul, within the registration Sub-District and District of Mumbai City and
Mumbai Suburban together with future FSI and constructions thereon.

PART D

[WORLI COMMERCIAL PLOT (CREST HOUSE)]

Property being leasehold rights in respect all that piece and parcel of the land
admeasuring 1293 sq. yards. i.e. equivalent to 1081.12 sq. mts.situate on
Plot No. 250B, Worli Scheme 52 Estate of the Municipal Corporation bearing
City Survey No. 1629 (part) [as per Lease Deed of MCGM, CS No. 7/1629
(part)] and now bearing Cadastral Survey No.7E/1629 of Lower Parel Division
in the Registration District and Sub District of Mumbai City and Mumbai
Suburban alongwith the structure standing thereon and future FSI and
constructions thereon

SCHEDULE - II

RECEIVABLES OF WORLI PROJECT

All the receivables from the Omkar 1973, Worli Project constructed / to be
constructed on the property more particularly mentioned in Part A, B & D of
Schedule - I above including but not limited all the right, title, interest,
benefits, claims and demands whatsoever, in and to or in respect of all
amounts owing / payable to and / or received by or to be received from any
Purchaser / Lessee / Licensee and which are now due owing / payable /
belonging to the Promoter or which may at any time hereafter during the
continuance of the mortgage/ charge become due, owing, payable or
belonging to the Promoter in respect of Omkar 1973, Worli Project including
without limitation to all the proceeds and considerations due to the Promoter,
pursuant to the marketing of the flats/ units and shall include the sale
consideration, adjustable deposits premium, lease rentals, leave and license
fees, advance rentals / licence fees / charges, rent, out standings and claims
receivable by the Promoter in respect of Leases or Licenses to be created by
the Mortgagor in respect of the Omkar 1973, Worli Project or the construction
thereon or any part thereof;

SCHEDULE III
(Description of Charged Assets)
(The Stock)
All the stock in trade both present and future consisting of raw materials,
finished goods, goods in process of manufacturing and other merchandise,

91
current assets whatsoever, being movable properties now or at any time
hereafter belonging to the Promoter or at the Promoter’s disposal and now or
at any time and from time to time hereafter stored or be stored or brought into
or upon or in course of transit to the Promoter’s factory or premises or at any
other place whatsoever and wheresoever in the Promoter’s possession or
occupation or at any other premises or place which are to be used for Worli
Project.

(The Book Debts)

All the present and future book Debts, outstandings monies receivable,
claims and bills which are now due and owing or which may at any time
hereafter during the continuance of this security become due and owing to
the Promoter in respect of Omkar 1973, Worli Project by any person, firm or
body corporate or by the Government Department or office or any Municipal
or Local or Public or Semi Government body or authority or any body
corporate or undertaking or project whatever in the public sector.

(The Plant and Machinery)

All the movable Plant and Machinery, now stored at or being stored or which
may hereafter be brought into or stored at or at present installed belonging to
or which may at any time hereafter, belong to the Promoter or be at its
disposal or be in course of transit or awaiting transit by any mode of transport
to the site of Omkar 1973, Worli Project.

MOVABLES
Mean and include all the right, title, interest, benefits, claims and demands
whatsoever of the Mortgagor in and to or in respect of all amounts owing /
payable to and / or received by or to be received by the Promoter from any
Purchaser / Lessee / Licensee and / or by any person on behalf of the
Mortgagor which are now due owing / payable / belonging to the Promoter
or which may at any time hereafter during the continuance of the mortgage/
charge become due, owing, payable or belonging to the Promoter in respect
of the Properties including without limitation all the proceeds and
considerations due to the Promoter, pursuant to the marketing of the flats/
units and shall include the sale consideration, deposits / premium, lease
rentals, leave and license fees, rent, out standings and claims;

ELEVENTH SCHEDULE
PART A
List and Description of Immoveable Assets
being Mortgaged by Promoter

92
All that premises of 12 flats (details in table below) comprising of saleable
area admeasuring to 100849 square feet equivalent to usable carpet area of
72369 sq. ft. in the proposed Project of Omkar 1973, Worli on land bearing
City Survey No 286 (pt), 793 (pt), 913,, 1/914, 3/914, 1629 (pt) and 6/1629
situated at Village Lower Parel, Worli within the registration Sub-District and
District of Mumbai City and Mumbai Suburban.
Saleable Area
Tower Unit No
(sq.ft.)
Tower - 3 1601 8790
Tower - 3 1901 8790
Tower - 3 1801 9900
Tower - 3 3602 8240
Tower - 3 1701 9900
Tower - 1 5903 3175
Tower - 2 5803 6,094
Tower - 3 2001 9,900
Tower - 3 2101 9,900
Tower - 3 2301 9,900
Tower - 3 2302 8,130
Tower - 3 2902 8,130
Total 1,00,849

PART B
List and Description of Project Documents

All and singular right, title, interest, benefit, claims and demands whatsoever
of the Highrise in, to, under or in respect of all the properties as mentioned in
Part A above and all rights, claims and benefits to all monies receivable
thereunder and all the other documents, agreements and contracts entered
into by the Highrise in relation to the Project or otherwise, permits,
Clearances (including all licences, permits, approvals, concessions and
consents in respect of or in connection with the Project, to the extent
assignable under Applicable Law), including, without limitation, the right to
compel performance thereunder, and to substitute, or to be substituted for,
the “Mortgagors” thereunder i.e. Promoter and Highrise, and to commence
and conduct either in the name of the Mortgagors or in their own names or
otherwise any proceedings against any persons in respect of any breach of,
the Project Documents and, including without limitation, rights and benefits to
all amounts owing to, or received by, the Mortgagors and all claims
thereunder and all other claims of the Mortgagors under or in any

93
proceedings against all or any such persons and together with the right to
further assign any of the Project Documents, both present and future, to have
and to hold all and singular the aforesaid assets, rights, properties and all
other claims thereunder which description shall include all properties of the
above description whether presently in existence or acquired hereafter.

PART C
List and Description of Current Assets and Stock in Trade of Highrise
All of the Highrise’s stocks of raw materials, current assets, semi-finished and
finished goods, consumable stores, stock in trade and inventories and all
other intangible assets of the Highrise, including but not limited to the
goodwill, undertaking, brands, intellectual property rights, if any, and the
Highrise’s uncalled share capital relating to the Project, both present and
future and all rights, title, interest, benefits, claims and demands whatsoever
of the Highrise in, to or in respect of all the aforesaid assets, both present and
future.

PART D
List and Description of Bank Accounts and Receivables Therein of
Highrise
All and singular right, title, interest, benefits, claims and demands whatsoever
of the Highrise in, to and in respect of the all the bank accounts of the Highrise
together with all amounts lying therein or liable to be credited therein or other
receivables liable to be credited to the accounts designated for receiving
money, claims or money proceeds or receivables of whatsoever nature arising
howsoever and wheresoever, which are now due and owing or which may at
any time hereafter during the continuance of the security become due and
owing to or acquired by the Highrise in relation to the Project, including but not
limited to the Accounts and the Permitted Investments with respect to the
Project and each of the other accounts required to be created by the Highrise
under any Transaction Document, including in each case, all monies lying
credited/ deposited into such accounts, all fixed deposits, securities or
replacement of any moneys previously deposited in or credited to such
accounts or otherwise, together with any interest from time to time accruing in
respect of such moneys.

PART E
List and Description of Insurance Contracts of Mortgagors
All and singular right, title, interest, benefit, claim and demand whatsoever of
the Mortgagors in, to and in respect of the Insurance Contracts pertaining
Mortgaged Properties/Underlying Securities both present and future in

94
respect of the assets of the Highrise, both present or future, along with
endorsement on the Insurance Contracts in favour the Yes Bank in a manner
acceptable under Indian law and acceptable to the IDBI Trusteeship Services
Ltd. pursuant to the Insurance Contracts.

PART F
List and Description of Other Debts, Receivables and Liabilities of
Promoter
All and singular right, title, interest, benefit, claim and demand whatsoever of
Promoter in, to and in respect of all present and future book debts and other
debts, receivables, commissions, revenues, claims and choses-in-action of
whatsoever nature and howsoever and wherever arising due or owing to or
become due or owing to or acquired by the Promoter and the full benefit of
all rights and remedies relating thereto including but not limited to, the
deposits and all claims for damages and other remedies for non payment of
the same and all claims under the Insurance Contracts or any encumbrance
of whatsoever nature arising howsoever and wheresoever, which are now
due and owing to or which may at any time hereafter during the continuance
of the security become due and owing to or acquired by the Promoter in
relation to the Project Omkar 1973, Worli on land bearing City Survey No 286
(pt), 793 (pt), 913,, 1/914, 3/914, 1629 (pt) and 6/1629 situated at Village
Lower Parel and the full benefit of all rights and remedies relating thereto.

TWELFTH SCHEDULE
The said MCGM earmarked area.
Flat No.4401 on the 44thfloor in Sale Tower viz. “C” in the Building
known as “Omkar 1973 Worli” lying and located on the property bearing
C.S.Nos. 2/914, 4/914, 914, 3/914, 1/914, 915, 1A/913(part), 913(part) and
286(part) admeasuring about 14501.93 sq. mtrs.or thereabouts of Lower
Parel Division.

THIRTEENTH SCHEDULE
All those residential Flats (as below) in the Tower Number (as below) along
with Car Parking (as below) on the Project being developed by Omkar
Realtors& Developers Pvt. Ltd. On the land bearing Cadastral Survey nos.
2/914, 4/914, 914, 3/914, 915, 1A/913(part), 913(part) and 286(part) of the
Lower Parel Division within the Registration Sub-District and District of
Mumbai City and Mumbai Suburban:-

95
Tower A/1 A/1 A/1 A/1 B/2 B/2 B/2 B/2
Nos.
Flat 1301 1002 1502 1505 3302 3402 3002 3003
Nos.
Car 30,33 & 34 31 & 32 28 & 29 18 & 50, 51, 52 46, 47, 48 89, 90, 91 & 87, 88,
Parking 20 & 53 & 49 92 58 & 59
Nos.

Tower B/2 B/2 B/2 B/2 B/2 A/1 A/1

Nos.

Flat 3102 3103 4901 & 3401 3301 5801 5901 & 6001
Nos. 5001
Car 42, 44, 45 & 54, 55, 69, 70, 63, 64, 59, 60, 61, 23, 24, 7, 8, 9, 10, 11, 12, 13,
Parking 60 56 & 57 71, 72, 66, 67 62 & 65 25, 26, 27 14, 15, 16, 17, 18, 19,
Nos. 73, 74, & 68 & 28 20, 21 & 22
75, 76 &
77

FOURTEENTH SCHEDULE
(Identified Units)
(List of First Identified Units)

Part I
Tower Unit No Saleable Area
(sq.ft.)
Tower -1 6602 3,496.00
Tower -1 6603 3,128.17
Tower -1 6502 3,496.00
Tower -1 6503 3,128.17
Tower -1 6504 3,133.33
Tower -1 6505 3,498.31
Tower -1 6401 4,388.47
Tower -1 6402 3,496.00
Tower -1 6403 3,128.17
Tower -1 6404 3,133.33
Tower -1 6405 3,498.31

96
Tower -1 6301 4,388.47
Tower -1 6302 3,496.00
Tower -1 6303 3,128.17
Tower -1 6305 3,498.31
Tower -1 6203 3,128.17
Tower -1 6201 4,388.47
Tower -1 6202 3,496.00
Total 62,996.70

Part II
Tower Unit No. Saleable Area
(sq.ft.)

Tower – 2 5102 6,094

Tower – 1 1605 2,954
Tower – 1 3105 3,421
Tower – 1 2501 3,751
Tower – 1 1901 3,751
Tower – 2 1604 3,923
Tower – 2 1804 3,923
Tower – 2 2301 5,698
Tower – 2 3002 5,051
Tower – 1 2503 2,653
Tower – 2 1904 3,923
Tower – 1 1804 2,668
Tower – 2 3802 5,108
Tower - 2 5602 6,094
Tower - 1 1602 2,954
Total 61,966

Part III
SECOND IDENTIFIED UNITS
Tower Unit No Saleable Area
(sq.ft.)
Tower - A 5602 3,584
Tower – A 5702 3,584
Tower – A 5802 3,584
Tower – A 6002 3,584
Tower – A 5503 3,175

97
Tower – A 5604 3,182
Tower – A 5704 3,182
Tower – A 5804 3,182
Tower – A 6004 3,182
Tower – A 5305 3,546
Tower – A 5605 3,582
Tower – A 5805 3,582
Tower – B 3803 4,869
Tower – B 3903 4,869
Tower – B 4803 6,094
Tower – B 5203 6,094
Total 62,875

Part IV
SECOND IDENTIFIED UNITS
Block Unit No Saleable Area
Tower - 1 3905 3468
Tower - 1 6501 4388
Tower - 2 2902 5051
Tower - 2 3404 3968
Tower - 2 4501 7732
Tower - 3 3502 8190
Tower - 1 3102 3418
Tower - 2 3502 5108
Tower - 3 4301 10000
Tower - 3 4302 8190

Tower - 2 2204 3923

Total 63,436

Part V
THIRD IDENTIFIED UNITS
Saleable Area
Tower Unit No (square feet)
Tower - 1 4901 4,391.00
Tower – 2 2603 5,971.00
Tower – 1 5902 3,548.00
Tower – 2 2903 5,971.00
Tower - 1 4303 3,147.00

98
 Tower - 1 4403 3,147.00
Tower - 1 4503 3,147.00
Tower - 1 5103 3,147.00
Tower - 1 4504 3,150.00
Tower - 1 3805 3,546.00
Tower - 2 5002 6,094.00
Tower - 2 5603 6,094.00
Tower - 1 5603 3,175.00
Tower - 1 5703 3,175.00
Tower - 1 5803 3,175.00
Tower - 1 6003 3,175.00

Total 64,053.00

Part VI
THIRD IDENTIFIED UNITS

Tower Unit No. Saleable Area

Tower - 1 3301 4,307

Tower - 2 1602 5,051
Tower - 2 1803 4,812
Tower - 3 1602 8,140
Tower - 3 1702 8,130
Tower - 3 1802 8,130
Tower - 2 4001 5,727
Tower - 2 3501 5,727
Tower - 1 4605 3,468
Tower - 2 3804 3,968
Tower - 2 2601 5,698
Total 63,158

Part VII
FOURTH IDENTIFIED UNITS
Saleable Area
Tower Unit No (square feet)
Tower - 1 4404 3,150
Tower - 1 4602 3,549
Tower - 1 4702 3,549
Tower - 1 4802 3,549

99
 Tower - 1 4902 3,549
Tower - 1 5002 3,549
Tower - 1 4905 3,546
Tower - 1 5005 3,546
Tower - 1 5105 3,546
Tower - 1 5205 3,546
Tower – 1 5904 3,182
Tower – 1 5905 3,582
Tower – 1 6105 3,582
Tower - 1 6204 3,182
Tower - 1 6304 3,182
Tower - 1 6205 3,582
Tower - 1 6604 3,182
Tower – 1 6605 3,582
Total 62,135

Part VIII
FOURTH IDENTIFIED UNITS

Tower Unit No. Saleable Area

Tower – 2 2302 5,051

Tower – 3 4001 10,000
Tower – 2 5001 7,785
Tower – 2 5601 7,785
Tower – 2 2304 3,923
Tower – 2 5201 7,785
Tower – 1 5303 3,456
Tower – 2 6002 6,094
Tower – 1 4505 3,546
Tower – 2 5202 6,094
Total 61,519

100
Signed and Delivered )
By the withinnamed the Promoter )
Omkar Realtors & Developers Pvt. Ltd. )
through its Director )
Mr. _____________________________ )
in the presence of )

1)

2)

Signed and Delivered )

by the withinnamed the Allottee/s )
_________________________________ )
in the presence of … )

1)

2)

Receipt

Received on or before the execution of these presents of and from the

withinnamed the Allottee/s the sum of Rs.___________/- (Rupees
_________________________________ only) being part of the Purchase
Price within mentioned to be paid by them to me.
Rs.______________/-
We Say Received:
Omkar Realtors and Developers Pvt. Ltd.

Witnesses: Authorised Signatory

1.
2.

101
 ANNEXURE – 5
List of Common Amenities

1. Fitness Centre/Gym
2. Swimming Pool
3. Water feature
4. Rock climbing facility
5. Children’s play area
6. Club house

102
DV// OMORD80000001

Dated this ______ day of ___________, 2016

Omkar Realtors & Developers Pvt. Ltd.

… the Promoter

And

___________________________
… the Allottee/s

AGREEMENT FOR SALE OF FLAT

103