Affidavit 1
September 4, 2022 | Author: Anonymous | Category: N/A
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AFFIDAVIT (OF AGREEMENT HOLDER) Affidavit of M/s. EVERGREEN INTERNATIONAL LTd. having its offices at 756, Phase 5, Udyog Vihar, Gurgaon Gurgaon through its Director Mr. Shamsh Shamsher er Ahmed Siddiqui (MD) vide 00/08/201II Board Resolution Dated 00/08/201 I, the above described, do hereby solemnly affirm and state as under : 1. I say that I have entered into an Agreement bearing No. 238 dated the 28.02.2007 in th writing for purchase of Apartment of Apartment No. 082, Tower-D, located on 8 Floor, admeasuring 4100 Sq. Ft. (super area) alongwith 3 Covered Car parking no. No.1. PD-1040, 2. PD-1041 & PD1042 in the group housing complex named as The BELAIRE, Situated in DLF City, PhaseV, Gurgaon (Haryana), (Haryana), from M/s DLF Ltd., DLF Centre, Sansad Marg, New Delhi-110001. As per the terms and conditions provided therein, out of the total consideration mentioned in the
Apartment Buyer’s Agreement,
M/s. EVERGREEN INTERNATIONAL LTd. having its offices at 756, Phase -5, Udyog Vihar, Gurgaon through its Director Mr. Shamsher Ahmed Siddiqui (MD) vide Board Resolution Dated 00/08/201I 00/08/201I
Cont…2
-:2:I have till date paid an amount of Rs.3,00,67,500/- (Rupees Three Crore Sixty Seven Thousand Five Hundred Only ) as per details of receipts give herein below; the originals whereof are annexed hereto; and that an amount of Rs 15,82,500/- (Rupees Fifteen Lac Eighty Two Thousand Five Hundred Only)s Only)s till due and payable by us under the said Agreement. The Details of Receipts with dates and amount attached in ANNEXURE “A” 2. I further say that pursuant to and in terms of clause 30 of the said Agreement, I do hereby confirm to have, nominated Mr. Anand Sahni S/o Late Sh. Kundan Lal Sahni R/o 37,Ashok Road, Sadar, Jabalpur, MP. Through his SPA Holder Mr. Jagdeep Kumar Batta S/o Late Sh. Mulkh Raj Batta R/o A-19, Siddharth Kunj Apartment, Apartment, plot No. No. 17, Sector-7, D Dwarka, warka, New Delhi-75 under the said Agreement to Sell. I requested M/s. DLF Ltd. to substitute the said Mr. Anand Sahni S/o Late Sh. Kundan Lal Sahni R/o 37,Ashok Road, Sadar, Jabalpur, MP. MP. Through his SPA Holder Mr. Jagdeep Kumar Batta S/o Late Sh. Mulkh Raj Raj Batta R/o A-19, Siddharth Kunj Apartment, plot No. 17, Sector-7, Dwarka, New Delhi-75 in place and instead of us in the said Agreement. After subst substitution itution of the name of the said nom nominees inees Mr. Anand Sahni S/o Late Sh. Kundan Lal Sahni R/o 37,Ashok Road, Sadar, Jabalpur, MP. Through his SPA Holder Mr. Jagdeep Kumar Batta S/o Late Sh. Mulkh Raj Raj Batta R/o A-19, Siddharth Kunj Apartment, plot No. 17, Sector-7, Dwarka, New Delhi-75 I shall cease to be the parties to the said Agreement and shall not have any lien on the said property. This nomination is irrevocable and shall not be cancelled by us. 3. I further say that I confirm to have received of Rs.3,05,07,500/- (Rupees Three Crore Five Lac Seven Thousand Five Hundred Only) includes the amounts I had paid to M/s. DLF Ltd., under the said Agreement. The said Mr. Anand Sahni S/o Late Sh. Kundan Lal Sahni R/o 37,Ashok Road, Sadar, Jabalpur, MP. Through his SPA Holder Mr. Jagdeep Kumar Batta S/o Late Sh. Mulkh Mulkh Raj Batta R/o A-19, Siddharth Kunj Apartment, plot No. 17, Sector-7, Dwarka, New Delhi-75 shall pay the amounts till due to M/s. DLF Ltd. under the said Agreement. 4. I further say that we have not violated any of the relevant provisions of law particular to the provisions of the Indian Stamp act in making the aforesaid nomination by assignment of right under the said Agreement, and if there shall any liability, duty, penalty of whatever kind in this regard, we shall be exclusively liable and responsible thereof, and we do undertake to pay the same and do hereby indemnify and keep indemnified M/s. DLF Ltd. against any loss, penalty damage that may be caused.
M/s. EVERGREEN INTERNATIONAL LTd. having its offices at 756, Phase -5, Udyog Vihar, Gurgaon through its Director Mr. Shamsher Ahmed Siddiqui (MD) vide Board Resolution Dated 00/08/201I 00/08/201I DEPONENT DEPONENT Contd……….3.
-:3:5. I declare that the facts mentioned above are true and correct and nothing has been concealed and in case any consequences arise because of any false statement or concealment of any fact, I shall solely be responsible and liable; I do hereby indemnify the Company and keep the Company indemnified against any damage, loss, penalty and/or legal injury that may be caused in this behalf including those arising out of the Indian Stamp Act. 6. I do hereby identify the said Mr. Anand Sahni S/o Late Sh. Kundan Lal Sahni R/o 37,Ashok Road, Sadar, Jabalpur, MP. Through his SPA Holder Mr. Jagdeep Kumar Batta S/o Late Sh. Mulkh Raj Batta R/o A-19, Siddharth Kunj Apartment, plot No. No. 17, Sector-7, Dwarka, New Delhi-75 by attestation of their signatures and photographs.
M/s. EVERGREEN INTERNATIONAL LTd. having its offices at 756, Phase -5, Udyog Vihar, Gurgaon through its Director Mr. Shamsher Ahmed Siddiqui (MD) vide Board Resolution Dated 00/08/201 00/08/201II DEPONENT VERIFICATION I, the deponent above described do hereby solemnly verify that the contents of the foregoing paragraphs 1 to 6 are facts true to my knowledge and that no part of it is false and nothing is concealed there from. Verified at New Delhi on this 19th day of August August 2011.
M/s. EVERGREEN INTERNATIONAL LTd. having its offices at 756, Phase -5, Udyog Vihar, Gurgaon through its Director Mr. Shamsher Ahmed Siddiqui (MD) vide Board Resolution Dated 00/08/201I 00/08/201I DEPONENT
Contd…4
-:4:-
AFFIDAVIT (OF NOMINEE) Affidavit of Mr. Anand Sahni S/o Late Sh. Kundan Lal Sahni R/o 37,Ashok Road, Sadar, Jabalpur, MP. Through his SPA Holder Mr. Jagdeep Kumar Batta S/o Late Sh. Mulkh Raj Batta R/o A-19, Siddharth Kunj Apartment, plot No. 17, Sector-7, Dwarka, New Delhi-75 We the above described do hereby solemnly affirm and state as under: 1.Whereas, M/s. EVERGREEN INTERNATIONAL LTd. having its offices at 756, Phase -5, Udyog Gurgaon Gurgaon through its Director Ahmed Siddiqui v vide ide Board Vihar, Resolution Dated_ Dated_00/00/2011 00/00/2011 entered Mr. into Shamsher an Agreement bearing No. (MD) No. 238 dated 28.02.2007 with M/s. DLF Ltd. in writing for the purchase of Apartment No. 082, Tower-D, th located on 8 Floor, admeasuring 4100 Sq. Ft. (super area) alongwith 3 Covered Car parking no. No.1. PD-1040, 2. PD-1041 & PD-1042 in the group housing complex named as The BELAIRE, Situated in DLF City, Phase-V, Gurgaon (Haryana) , from M/s DLF Ltd., DLF Centre, Sansad Marg, New Delhi-110001. I say that in terms and pursuant to clause 30 of Agreement Bearing No. 238 dated 28.02.2007 28.02.2007,, the said M/s. EVERGREEN INTERNATIONAL LTd. having its offices at 756, Phase -5, Udyog Vihar, Gurgaon through its Director Director Mr. Shamsher A Ahmed hmed Siddiqui (MD) vide Board Resolution Resolution Dated 00/00/2011 have nominated us by assigning their rights under the said agreement to substitute us in their place and instead of the said M/s. EVERGREEN INTERNATIONAL LTd. having its offices at 756, Phase -5, Udyog Vihar, Gurgaon through its Director Mr. Shamsher Ahmed Siddiqui (MD) vide Board Resolution Dated 00/00/2011.in 00/00/2011.in the said Agreement
Mr. Anand Sahni S/o Late Sh. Kundan Lal Sahni R/o 37,Ashok Road, Sadar, Jabalpur, MP. Through his SPA Holder Mr. Jagdeep MP. Kumar Batta DEPONENT
Contd…5
-:5:2. I shall be bound by all the terms and conditions of the said Agreement dated 31.01.2007. being the nominees/substitutes of the said, M/s. EVERGREEN INTERNATIONAL LTd. having its offices at 756, Phase -5, Udyog Vihar, Gurgaon through its Director Mr. Shamsher Ahmed Siddiqui (MD) vide Board Resolution Dated Dated 00/00/2011 00/00/2011.. 3. I further solemnly declare that I have paid a Sum of Rs.3,05,07,500/- (Rupees Three Crore Five Lac Seven Thousand Five Hundred Only) to M/s. EVERGREEN INTERNATIONAL LTd. having its offices at 756, Phase -5, Udyog Vihar, Gurgaon through its Director Director Mr. Shamsher Ah Ahmed med Siddiqui (MD) v vide ide Board Resolution Resolution Dated 00/00/2011 00/00/2011 sideration including the sum of Rs.3,00,67,500/of Rs.3,00,67,500/- (Rupees Three Crore Sixty Seven Thousand Five Hundred Only) paid by them to the Company as per the terms and conditions of the Agreement dated 28.02.2007 entered into by them for the aforesaid total consideration as attached herewith. The Receipt No.__________ dated _____________ in support of the aforesaid total consideration is attached herewith. I undertake to pay balance consideration of Rs 15,82,500/- (Rupees Fifteen Lac Eighty Two Thousand Five Hundred Only) as per the Agreement to sell dated 28.02.2007 directly to Company. 4. I sayafter that we the sale in respect thepayment said property may beCompany executed and registered in our favour havedeed completed theoffull due to the on all accounts including registration charges and cost of stamp-paper etc. and other charges due and payable by us. It is understood that Stamp-Duty will be payable by us on the total amount paid to the said M/s. EVERGREEN INTERNATIONAL LTd. having its offices at 756, Phase -5, Udyog Vihar, Gurgaon through its Director Mr. Shamsher Ahmed Siddiqui (MD) vide Board Resolution Dated 00/00/2011 00/00/2011 as also the amount/payable amount/payable by us to the Company. Company. I undertake to pay Stamp Duty and registration charges and any other charges which shall be payable under law. 5. I further say that I have not violated any of the relevant provisions of law in particular the provisions of Indian Stamp Act in making the aforesaid nomination under the said Agreement, and if there shall be liability, duty, penalty of whatever kind in this regard, I shall be exclusively liable and responsible thereof. I do undertake to pay the same and do hereby indemnify and keep indemnified M/s. DLF Ltd. against any loss, penalty damage that may be caused.
Mr. Anand Sahni S/o Late Sh. Kundan Lal Sahni R/o 37,Ashok Road, Sadar, Jabalpur, MP. Through his SPA Holder Mr. Jagdeep MP. Kumar Batta DEPONENT DEPONENT Contd..........6.
-:6:-
6. I declare that the facts mentioned above are true and correct and nothing has been concealed and in case any consequences arise because of any false statement or concealment of any fact, I shall solely be responsible and liable; I do hereby indemnify the Company and keep the Company indemnified against any damage, loss, penalty, and/or legal injury that may be caused in this behalf including those arising out of the Indian Stamp Act.
Mr. Anand Sahni S/o Late Sh. Kundan Lal Sahni R/o 37,Ashok Road, Sadar, Jabalpur, MP. Through his SPA Holder Mr. Jagdeep MP. Kumar Batta DEPONENT VERIFICATION I the deponent above described do hereby solemnly verify that the contents of the foregoing paragraphs 1 to 6 are facts true to our knowledge and that no part of it is false and nothing is concealed therefrom. th
Verified at New Delhi on this 19 day of August August 2011..
Mr. Anand Sahni S/o Late Sh. Kundan Lal Sahni R/o 37,Ashok Road, Sadar, Jabalpur, MP. Through his SPA Holder Mr. Jagdeep MP. Kumar Batta DEPONENT DEPONENT
Contd..........7.
-:7:-
UNDERTAKING
I Mr. Anand Sahni S/o Late Sh. Kundan Lal Sahni R/o 37,Ashok Road, Sadar, Jabalpur, MP. Through his SPA Holder Mr. Jagdeep Kumar Batta S/o Late Sh. Mulkh Raj Batta R/o A-19, Siddharth Kunj Apartment, plot No. 17, Sector-7, Dwarka, New Delhi-75 hereby affirm and confirm that I have full knowledge of the provisions of Indian Stamps Act, 1899 and in particular that provisions set out below, I state on oath that have compiled with the same. Selected Provisions of the Indian Stamp Act, 1899: Section 27 27 Prosecution of the offence against stamp law facts affecting duty to be set forth in instrument-The consideration (if any) and all other facts and circumstances affecting the chargeability of any instrument with duty, or the amount of the duty with which it is chargeable, shall be fully and truly set forth therein.
Mr. Anand Sahni S/o Late Sh. Kundan Lal Sahni R/o 37,Ashok Road, Sadar, Jabalpur, MP. Through his SPA Holder Mr. Jagdeep MP. Kumar Batta DEPONENT DEPONENT
Contd…..8.
- : 8 : - -
Section 28 28 Direction as to duty in case of certain conveyances-Clause 3-Where a person, having contracted for the purchase of any property is in consequences conveyed immediately to the SubPURCHASER, the conveyance shall be chargeable with the ad valor am duty in respect of the consideration for the sale by the original PURCHASER P URCHASER to the sub-PURCHASER. Section 29 Duties by whom payable - in the absence of an agreement to the contrary, the expense in providing the property stamp shall be borne. Clause(c) In the case of a conveyance (including a re-conveyance of mortgaged property) by the grantee: in the case of a lease or agreement to lease-by the lessee or intended lessee; Section 43 43 Prosecution for offence against Stamp-law - The taking of proceedings or the payment of a penalty under this Chapter in respect of any instrument shall not bar the prosecution of any person who appears to have committed an offence against the stamp law in respect of such instrument. Provided that no such prosecution shall be instituted in the case of any instrument in respect of which such a penalty has been paid, unless it appears to the Collector that the offence was committed with and intention of evading payment of the property duty.
Mr. Anand Sahni S/o Late Sh. Kundan Lal Sahni R/o 37,Ashok Road, Sadar, Jabalpur, MP. Through his SPA Holder Mr. Jagdeep MP. Kumar Batta DEPONENT DEPONENT
Contd…..9.
- : 9 : - -
ANNEXURE
“A
Detail of receipts of Apartment No. 082, Tower-D, located on 8th Floor, admeasuring 4100 Sq. Ft. (super area) alongwith 3 Covered Car parking no. No.1. PD-1040, 2. PD-1041 & PD1042 in the group housing complex named as The BELAIRE, Situated in DLF City, PhaseV, Gurgaon (Haryana), RECEIPT NO.
DATE
AMOUNT
BLD082 /PD1040/ PD-1041/PD-1042#BLR PD-1041/PD-1042#BLR 133217/9786 133216/9787
01-11-2006 01-11-2006
Rs. Rs.
25,00,000/25,00,000/-
133215/9788 133214/9789 133213/9790 133212/9791 133211/9792 133210/9793 133209/9794 133208/9795 133207/9796 133206/9797
01-11-2006 01-11-2006 01-11-2006 01-11-2006 01-11-2006 01-11-2006 01-11-2006 01-11-2006 01-11-2006 01-11-2006
Rs. Rs. Rs. Rs. Rs. Rs. Rs. Rs. Rs. Rs.
25,00,000/25,00,000/25,00,000/25,00,000/25,00,000/25,00,000/25,00,000/24,87,544/10,10,283/00,00,000/-
TOTAL (Rupees Three Crore Sixty Seven Thousand Five Hundred Only) Only) Rs.3,00,67,500 Rs.3,00,67,500
M/s. EVERGREEN INTERNATIONAL LTd. having its offices at 756, Phase -5, Udyog Vihar, Gurgaon through its Director Mr. Shamsher Ahmed Siddiqui (MD) vide Board Resolution Dated 00/08/201I 00/08/201I DEPONENT
Contd…..10.
-:10:- -:10:-
FULL & FINAL RECEIPT In reference to the Sale Agreement dated 6th day of July 2011, I have received with thanks a sum of Rs.3,05,07,500/of Rs.3,05,07,500/- (Rupees Three Crore Five Lac Seven Thousand Five Hundred Only) Only) from of Mr. Anand Sahni S/o Late Sh. Kundan Lal Sahni R/o 37,Ashok Road, Sadar, from Jabalpur, MP. MP. Through his SPA Holder Mr. Jagdeep Kumar Batta S/o Late Sh. Mulkh Raj Batta R/o A-19, Siddharth Siddharth Kunj Kunj Apartment, Apartment, plot plot No. 17, Sector-7, Dwarka, New th Delhi-75 towards sale/nomination of Apartment No. 082, Tower-D, located on 8 Floor, admeasuring 4100 Sq. Ft. (super area) alongwith 3 Covered Car parking no. No.1. PD-1040, 2. PD-1041 & PD-1042 in the group housing complex named as The BELAIRE, Situated in DLF City, Phase-V, Gurgaon (Haryana),. (Haryana),. as per detail below : Cheque No.
Dated
950054
04.07.2011
Bank name
Amount
Punjab National Bank
2,40,00,000/-
In Favour of M/s Evergreen
International Limited Jabalpur
I have signed this receipt today in presence of the following witnesses against the sale/nomination of the above said property which is free from all sorts of encumbrances, rights, liens, mortgages, court cases etc. and now we have no right/interest whatsoever in the above said property. Dated: 19/08/2011 19/08/2011 Witnesses :-
1. M/s. EVERGREEN INTERNATIONAL LTd. having its offices at 756, Phase -5, Udyog Vihar, Gurgaon through its Director Mr. Shamsher Ahmed Siddiqui (MD) vide Board Resolution Dated 00/08/201 00/08/201II VENDOR 2.
Mr. Anand Sahni S/o Late Sh. Kundan Lal Sahni R/o 37,Ashok Road, Sadar, Jabalpur, MP. Through his SPA Holder Mr. Jagdeep MP. Kumar Batta
VENDEE (Letter from the Seller, i.e. the current Allottee) DLF LIMITED DLF Centre, Sansad Marg, New Delhi-Il 0001
Date:19/08/2011 Date:19/08/2011
Dear Sir, Sir, 238
28.02.2007
Apartment No. I/We entered into an agreement No.admeasuring dated 4100 Sq. Ft.or(super purchase ofalongwith Property 3 Covered Car 082, Tower-D, located on 8 Floor, area) th
parking no. No.1. PD-1040, 2. PD-1041 & PD-1042 in the group housing complex named as The BELAIRE, Situated in DLF City, Phase-V, Gurgaon (Haryana), (Haryana) , I have already paid a sum of Rs.3,00,67,500/- (Rupees Three Crore Sixty Seven Thousand Five Hundred Only) so far towards
the cost of this property as per details below: Receipt No. Date
Amount
I now want that the name of my NOMINEE Mr. Anand Sahni S/o Late Sh. Kundan Lal Sahni R/o 37,Ashok Road, Sadar, Jabalpur, MP. Through his SPA Holder Holder Mr. Jagdeep Kumar Batta S/o Late Sh. Mulkh Raj Batta R/o A-19, Siddharth Kunj Apartment, plot No. 17, Se Sector-7, ctor-7, Dwarka, New Delhi-75 be substituted in place of my / our name in the said Agreement and that the same be
completed in their name. For the said substitution of the name, I/We am/are sending herewith all original documents to facilitate the matter. I would request you to kindly do the Nomination in your records by endorsing the original Agreement as well as the Receipts, which we are forwarding herewith to you. After substitution of the name of the said nominee Mr. Anand Sahni S/o Late Sh. Kundan Lal Sahni R/o 37,Ashok Road, Sadar, Jabalpur, MP. Through his SPA Holder Mr. Jagdeep Kumar Kumar Batta S/o Late Sh. Mulkh Raj Batta R/o A-19, Siddharth Kunj Apartm Apartment, ent, plot No. 17, Sector-7, Dwarka, New Delhi-75 I/We shall have nothing to do with the said
Agreement nor we have any lien/ right o the captioned property. This letter of mine requesting you for Nomination of my Nominees name on the captioned Agreement is irrevocable, and is not liable to cancellation by anybody at any point of time. Out of the receipts issued by the Company for the cost, I find that the following Receipts have been misplaced / lost, white I declare hereby that those Receipts were not used by me for any other purposes, I shall be returning them to the Company as and when located. Meanwhile, lam furnishing the necessary Affidavit and Indemnity Bond indemnifying the Company from any responsibility due to the lost Receipts as mentioned. Details of missing Receipts Receipt No. Date Amount We also submit herewith declaration regarding our residential status, as desired by the Company. You are requested to kindly do the needful. Thanking you Yours faithfully
M/s. EVERGREEN INTERNATIONAL LTd. having its offices at 756, Phase -5, Udyog Vihar, Gurgaon through its Director Mr. Shamsher Ahmed Siddiqui (MD) vide Board Resolution Dated 00/08/201I 00/08/201I
(Name, address and signatures of the Seller, i.e. the current allot tee)Note: I may be treated as I/We, Singular may e treated as Singular/Plural.
Letter from the Buyer (Nominees) DLF LIMITED DLF Centre, Sansad Marg, New Delhi-1l0001
Date:19/08/2011
Dear Sir, l/,We have got an irrevocable letter of authority dated _________________ from the Allottee i.e. M/s. EVERGREEN INTERNATIONAL LTd. having its offices at 756, Phase -5, Udyog Vihar, Gurgaon through its Director Mr. Shamsher Ahmed Siddiqui (MD) vide Board Resolution Dated 00/08/201 00/08/201II.The above allottee had entered into an Agreement No. 238 dated 28.02.2007. for purchase of Property Apartment No. 082, Tower Tower-D -D,, located on 8th Floor, admeasuring 4100 Sq. Ft. (super area) alongwith 3 Covered Car parking no. No.1. PD-1040, 2. PD-1041 & PD-1042 in the group housing complex named as The BELAIRE, BELAIRE, Situated in DLF City, Phase-V, Gurgaon (Haryana), and has so far paid Rs.3,00,67,500/- (Rupees Three Crore Sixty Seven Thousand Five Hundred Only) to the Company in terms of the said Agreement. Vide the above letter of authority, the allottee have requested you to take us as their Nominee for all future purposes. I/We assurefor youa consequences and declare that the said letter of authority is signed before us and we shall be responsible in case the executants of this letter denies the said authority. I/will shall be bound by all the terms and conditions of the Sale executed by the said allottee vide Agreement No. 238 dated 28.02.2007. as to Nominee of the said allottee i.e. M/s. EVERGREEN INTERNATIONAL LTd. having its offices at 756, Phase -5, Udyog Vihar, Gurgaon through its Director Mr. Shamsher Ahmed Siddiqui (MD) vide Board Resolution Dated 00/08/201 00/08/201II We also undertake to pay the entire balance dues to the Company on account of cost and all other dues as and when desired by the Company, after the request for Nomination is accepted by the Company. I/We now request you to kindly treat me/us as Nominee of the said allottee i.e. M/s. EVERGREEN INTERNATIONAL LTd. having its offices at 756, Phase -5, Udyog Vihar, Gurgaon through its Director Mr. Shamsher Ahmed Siddiqui (MD) vide Board Resolution 00/08/2011 for all future purposes and execute / register the Sale Deed also in our favour Dated_00/08/2011 Dated_ on completing full payments for the property including stamp duty & Registration charges etc. I also enclose herewith Receipt dated ____________ clearly mentioning therewith that we have already paid the amounts due to the Seller, i.e. the allottee of the amounts which they have paid o the Company, which is being transferred in o name, and the said Receipt is attached herewith. I also submit herewith declaration regarding our residential status, a desired by the Company. Thanking you Yours faithfully
Mr. Anand Sahni S/o Late Sh. Kundan Lal Sahni R/o 37,Ashok Road, Sadar, Jabalpur, MP. Through his SPA Holder Mr. Jagdeep MP. Kumar Batta DEPONENTS DEPONENTS
(Name, address and signature of the Buyer, i.e. the Nominee) Note: I may be treated as I/We, Singular may be treated tr eated as Singular/Plural. (Receipt) DLF LIMITED Date:19,08,2011 Date:19,08,2011 DLF Centre, Sansad Marg, New Delhi-110001 th
Tower-D, located on 8 Floor, admeasuring 4100 Sq. Ft. (super Reg.: Property Apartment area) alongwith 3 CoveredNo. Car082, parking no. No.1. PD-1040, 2. PD-1041 & PD-1042 in the group housing complex named as The BELAIRE, Situated in DLF City, Phase -V, Gurgaon (Haryana) (Haryana),,
Dear Sir, This is to inform you that I/we, the allottees has/have received a total sum of Rs.3,05,07,500/(Rupees Three Crore Five Lac Seven Thousand Five Hundred Only) from the Nominee i.e. Mr. Anand Sahni S/o Late Sh. Kundan Lal Sahni R/o 37,Ashok Road, Sadar, Jabalpur, MP . This amount includes the following: a) The amount of Rs.3,00,67,500/of Rs.3,00,67,500/- so far paid by the allottee to the Company as per details below: Basic Sale Price Preferential Charges External Development Charges IDC Maintenance Security
Rs. 2,72,65,000/- 2,72,65,000/- Rs 19,47,500/- 19,47,500/-----------------------------------------------------------------------------------------------
Registration Charges & Stamp Duty Interest on Installments Cost of increase in area Car Parking Total b) Profit on Sale of the the above property Grand Total
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Rs 8,55,000/Rs. 3,00,67,500/- 3,00,67,500/- Rs. 4,40,000/- 4,40,000/- Rs. 3,05,07,500/- 3,05,07,500/-
You are requested to kindly adjust the amount of Rs.3,00,67,500/- (Rupees Three Crore Sixty Seven Thousand Five Hundred Only) paid by the party to the Company, as mentioned in a) above to the account of the Nominee i.e. Mr. Anand Sahni S/o Late Sh. Kundan Lal Sahni R/o 37,Ashok Road, Sadar, Jabalpur, MP. Through his SPA Holder Mr. Jagdeep Kumar Batta S/o Late Sh. Mulkh Raj Batta R/o A-19, Siddharth Siddharth Kunj Apartment, plot No. 17, Sector-7, Dwarka, Dwarka, New Delhi-75 Delhi-75 in your
records for the subject property. The allottee hereby confirms that he has received the amounts back from the Nominee as mentioned above, and Nominee confirms that he/she has paid the amount to the Allottee through cheque no. _________ dated _________________ drawn on. Thanking you, Yours faithfully,
M/s. EVERGREEN INTERNATIONAL LTd. having its offices at 756, Phase -5, Udyog Vihar, Gurgaon through its Director Mr. Shamsher Shamsher Ahmed Siddiqui (MD) vide Board Resolution Dated 00/08/201I 00/08/201I
(Name, address and signature
(Name, address and signature
of the Nominator, i.e. current allottee) of the Nominee, i.e. Buyer) Note: I may be treated as 1/We, Singular may e treated as Singular/Plural. DECLARATION FROM APPLICANTS FOR REGISTRATION FOR PURCHASE OF IMMOVABLE PROPERTY FROM M/s. EVERGREEN INTERNATIONAL LTd. INSTRUCTIONS: Please complete all the required information. Write 'NA' where not applicable. If the space provided in the form is not sufficient, the required information may be given in annexures duly numbered and attached to this form. 1.
NAME: Mr. Shamsher Ahmed Ahmed Siddiqui / Sha Shampa mpa Siddiqui Through its Director (MD) vide Board B oard Resolution Dated Dated_00/08/201 _00/08/201II 2. Having its offices at 756, 756, Phase Phase -5, Udyog Vihar, Gurgaon Gurgaon TEL.NO. E-mail ID: 3. 4. 5.
6. 7.
8.
PERMANENT ADDRESS: Same As Above TEL.NO: FOREIGN ADDRESS, IF ANY: N.A. TEL. NO.: N.A. SOURCE OF FUNDS FUNDS FROM WHICH WHICH PAYMENT PAYMENT IS/WILL IS/WILL BE MADE* a. Business/Profession/ Business/Profession/Vocation Vocation in India: Yes b. Business/Profession/ Business/Profession/Vocation Vocation outside India: N.A. c. Non-resident (External A/c) (i) Name and Address of Bank: N.A. (ii) Date of Opening: N.A. d. Non-resident (Ordinary) A/c: N.A. (i) Name and address of Bank N.A. (ii) Date of opening: N.A. e. Foreign exchange remitted to India through authorized channels : N.A. f. Accumulated savings in India: Yes g. Accumulated savings outside India: N.A. h. Others (specify source) : N.A. INCOME TAX PERMANENT A/C NO.: RESIDENTIAL STATUS UNDER FOREIGN EXCHANGE REGULATION ACT, 1973 a. Resident Citizen of India: Yes b. Non-Resident Citizen of India: N.A. c. Foreign Citizen of Indian Origin: N.A. IF NON RESIDENT CITIZEN OF INDIA STATE DATE SINCE WHEN: N.A.
I hereby declare that the information given hereinabove is true and correct to my/our personal knowledge and I hereby undertake to inform the Company of any change in the above information till the property if allotted, is registered in my/our name. Date 19/08/2011 Place: * Strike off whichever is inapplicable.
Signature
DECLARATION FROM APPLICANTS FOR REGISTRATION FOR PURCHASE OF IMMOVABLE PROPERTY FROM. FROM. Mr. Anand Sahni Through his SPA Holder Mr. Jagdeep Kumar Batta INSTRUCTIONS: Please complete all the required information. Write 'NA' where not applicable. If the space provided in the is not sufficient, annexures duly numbered and form attached to this form. the required information may be given in 1. 2.
3. 4. 5.
6. 7.
8.
NAME:, Mr. Anand Sahni S/o Late Sh. Kundan Lal Sahni Through his SPA Holder Mr. Jagdeep Kumar Batta Batta PRESENT ADDRESS: R/o 37,Ashok Road, Sadar, Jabalpur, MP. MP. TEL.NO. E-mail ID: PERMANENT ADDRESS: Same As Above TEL.NO: N.A. FOREIGN ADDRESS, IF ANY: N.A. TEL. NO.: SOURCE OF FUNDS FROM WHICH PAYMENT IS/WILL BE MADE* a. Business/Profession/ Business/Profession/Vocation Vocation in India: Yes b. Business/Profession/ Business/Profession/Vocation Vocation outside India: N.A. c. Non-resident (External A/c) (ii) Name and Address of Bank: N.A. (ii) Date of Opening: N.A. d. Non-resident (Ordinary) A/c: N.A. (ii) Name and address of Bank N.A. (ii) Date of opening: N.A. f. Foreign exchange remitted to India through authorized channels : N.A. f. Accumulated savings in India: Yes g. Accumulated savings outside India: N.A. h. Others (specify source) : N.A. INCOME TAX PERMANENT A/C NO.: RESIDENTIAL STATUS UNDER FOREIGN EXCHANGE REGULATION ACT, 1973 a. Resident Citizen of India: Yes b. Non-Resident Citizen of India: N.A. c. Foreign Citizen of Indian Origin: N.A. IF NON RESIDENT CITIZEN OF INDIA STATE DATE SINCE WHEN: N.A.
I hereby declare that the information given hereinabove is true and correct to my/our personal knowledge and I hereby undertake to inform the Company of any change in the above information till the property if allotted, is registered in my/our name. Date 19/08/2011 Place: Signature * Strike off whichever is inapplicable.
AFFIDAVIT Affidavit of M/s.
EVERGREEN INTERNATIONAL LTd. having its offices at 756, Phase -5, Udyog Vihar, Gurgaon through its Director Mr. Shamsher Ahmed 00/08/201II Siddiqui (MD) vide Board Resolution Dated 00/08/201 We M/s. EVERGREEN INTERNATIONAL LTd. having its offices at 756, Phase -5, Udyog Vihar, Gurgaon Gurgaon through its Director Mr. Shamsher Ahmed Siddiqui (MD) 00/08/201II vide Board Resolution Dated 00/08/201 , the above named deponent, do hereby solemnly declare and affirm as under: 1.
2. 3.
th That We agreed to purchase Apartment No. 082 082,, Tower- BLD BLD,, located at 8 Floor, admeasuring 4100 Sq. Ft. (super area) alongwith 3 Covered Car parkings
bearing Nos. Nos. PD-1040, PD-1041 & PD-1042 in the group housing complex named as The BELAIRE, BELAIRE, Situated in DLF City, Phase-V, Gurgaon (Haryana), for a total consideration of Rs._________/Rs._________/ - and M/s DLF Ltd. having its Head Office at DLF Centre, Parliament Street, New Delhi, agreed to sell it to us. The said consideration includes a sum of Rs. ______ as payments towards External Development Charges @ Rs. ___________ per sq. yds./per Sq. Ft. That we have also agreed to Deposit an Interest Bearing Maintenance Security of Rs.________/- . That we have paid Rs. _______/- towards the sale price (inclusive of External Development Charges) of the said Property and further sum of Rs.NIL as interest Free Service Maintenance Security and the money so invested is self acquired by us and is not ancestral and the nobody except ourselves has/have any claim or interest in the said amount. Contd………2 Contd………2
:2:4.
That the said Company issued the following receipts for the amounts paid to them. Receipt No. Date Amount (As per annexure “A” attached herewith).
5.
That the following receipts have been misplaced and are not traceable at present. Receipt No. Date Amount
6.
That we undertake to produce that said missing receipts when available.
7.
That we assure the Company that we have not used the said missing receipt in any other way.
8.
That we assure the Company and undertake indemnify the Company to extent the Company suffers in case in case it is made to part with the sale price of the Property in whole in apart.
VERIFICATION M/s. EVERGREEN INTERNATIONAL LTd. having its offices at 756, Phase -5, Udyog Vihar, Gurgaon through its Director Mr. Shamsher Shamsher Ahmed Siddiqui 00/08/201I (MD) vide Board Resolution Dated 00/08/201I
DEPONENTS We do hereby verify that the contents of this affidavit are correct to our personal knowledge and nothing material has been concealed therefrom.
M/s. EVERGREEN INTERNATIONAL LTd. having its offices at 756, Phase -5, Udyog Vihar, Gurgaon through its Director Mr. Shamsher Shamsher Ahmed Siddiqui 00/08/201I (MD) vide Board Resolution Dated 00/08/201I
DEPONENTS
DEED OF INDEMNITY (FOR MISSING RECEIPTS) In consideration of DLF Universal Limited, DLF Centre Parliament Street, New Delhi (hereinafter called the Company) agreeing at our request, to substitute the name of our nominees Mr. Anand Sahni S/o Late Sh. Kundan Lal Sahni R/o 37,Ashok Road, Sadar, Jabalpur, MP. MP. Through his SPA Holder Mr. Jagdeep Kumar Batta S/o Late Sh. Mulkh Raj Batta R/o A-19, Siddharth Kunj Apartment, plot No. 17, Sector-7, Dwarka, New Delhi-75 , in place of our name in records of the Company pertaining to th the purchase of Apartment No. 082 082,, Tower- BLD BLD,, located at 8 Floor, admeasuring 4100 Sq. Ft. (super area) alongwith 3 Covered Car parkings bearing Nos. Nos. PD-1040, PD1041 & PD-1042 in the group housing complex named as The BELAIRE, BELAIRE, Situated in DLF City, Phase-V, Gurgaon (Haryana),, without our producing the Original Receipt(s) No. _____________________________________ dated ____________________ for Rs. _____________________________________________________/-issued by the Company in our favour in respect of the said property which has/have been lost or misplaced by us. We for ourselves, our heirs, executors and administrators, undertake to keep the Company, its successors and assigns harmless and indemnified against all claims, demands, losses and damages, whatsoever, which may be made against the Company or which the Company may at any time suffer consequent to its complying which the aforesaid request. We further undertake that in case the said receipt(s) are, at any time, hereafter found or come into my possession, We shall at once surrender/submit/deposit the same to with the Company.
Contd………2. Contd………2.
- : 2 : -
IN WITNESS WHEREOF, I the Undersigned being the sole and rightful owner of the receipt name hereto set our hand at ______________ on this 19th day of August August 2011.
M/s. EVERGREEN INTERNATIONAL LTd. having its offices at 756, Phase -5, Udyog Vihar, Gurgaon through its Director Mr. Shamsher Shamsher Ahmed Siddiqui (MD) vide Board Resolution Dated 00/08/201I 00/08/201I
Date 19/08/2011 WITNESS: 1.
PROMISORS
UNDERTAKING (FROM PURCHASER) I, Mr. Anand Sahni S/o Late Sh. Kundan Lal Sahni R/o 37,Ashok Road, Sadar, Jabalpur, MP. MP. Through his SPA Holder Mr. Jagdeep Kumar Batta S/o Late Sh. Mulkh Raj Batta R/o A-19, Siddharth Kunj Apartment, plot No. 17, Sector-7, Dwarka, New Delhi-75 (hereinafter called the Promisor(s) do hereby agree and undertake as under: 1.
M/s. EVERGREEN INTERNATIONAL LTd. having its offices at 756, Phase -5, Udyog Vihar, Gurgaon through its Director Mr. Shamsher Ahmed 00/08/201II (hereinafter called the Siddiqui (MD) vide Board Resolution Dated 00/08/201 th
Company) for the purchase of Apartment No. 082 082,, Tower- BLD BLD,, located at 8 Floor, admeasuring 4100 Sq. Ft. (super area) alongwith 3 Covered Car parkings bearing Nos. Nos. PD-1040, PD-1041 & PD-1042 in the group housing complex named as The BELAIRE, BELAIRE, Situated in DLF City, Phase-V, Gurgaon (Haryana), have applied to the Company for substitution of our name(s) as his/their nominees(s) in respect of the above referred agreement to purchase the said plot from the company. Contd……..2. Contd……..2.
Mr. Anand Sahni S/o Late Sh. Kundan Lal Sahni R/o 37,Ashok Road, Sadar, Jabalpur, MP. Through his SPA Holder Mr. Jagdeep MP. Kumar Batta.
-:2:2.
We understand that M/s. EVERGREEN INTERNATIONAL LTd. having its offices at 756, Phase -5, Udyog Vihar, Gurgaon through its Director Mr. 00/08/201II, Shamsher Ahmed Siddiqui (MD) vide Board Resolution Dated 00/08/201 indending purchaser(s), has/have lost the following receipts issued by the Company: Receipt No. Date Amount
3.
We, the promisor(s) do hereby agree and undertake that any liability, loss or damage caused/arising on account of the consequent of M/s DLF Ltd., substituting the name(s) of the Promisor(s) Promisor(s) in its records to the Apartment Buyer’s agreement dated 28.02.2007 relating to the Apartment No. 082 082,, Tower- BLD BLD,, th located at 8 Floor, admeasuring 4100 Sq. Ft. (super area) alongwith 3 Covered Car parkings bearing Nos. Nos. PD-1040, PD-1041 & PD-1042 in the group housing complex named as The BELAIRE, BELAIRE, Situated in DLF City, Phase-V, Gurgaon (Haryana),, in place of M/s. EVERGREEN INTERNATIONAL LTd. having its offices at 756, Phase -5, Udyog Vihar, Gurgaon through its Director Mr. 00/08/201II, in Shamsher Ahmed Siddiqui (MD) vide Board Resolution Dated 00/08/201 absence of original receipt(s) detailed herein above in compliance with the request of the said M/s. EVERGREEN INTERNATIONAL LTd. having its offices at 756, Phase -5, Udyog Vihar, Gurgaon through its Director Mr. Shamsher 00/08/201II ,shall be to the Ahmed Siddiqui (MD) vide Board Resolution Dated 00/08/201 account of the promisor(s) and the promisor(s) shall be solely responsible for the same and promisor(s) shall keep the Company harmless and indemnified against all claims and demands, whatsoever, resulting therefrom.
IN WITNESS WHEREOF, the promisor(s) put his/their signatures on this undertaking on this 19th day of August August 2011.
Mr. Anand Sahni S/o Late Sh. Kundan Lal Sahni R/o 37,Ashok Road, Sadar, Jabalpur, MP. Through his SPA Holder Mr. Jagdeep MP. Kumar Batta
PROMISOR(S)
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