Agreement For Cancellation of Lease Deed
Agreement For Cancellation of Lease Deed
Agreement For Cancellation of Lease Deed
AND
M/s Corporate Suites, having its Head Office at 5th Floor, Augusta Point, Sector-
53, Golf Courseroad, Gurugram – 122002, Haryana through its proprietor Mr.
Ranjan Sharma s/o Late Sh. C.P. Sharma hereinafter called the ‘SECOND
PARTY’ which expression shall wherever the context or meaning so requires or
permits be deemed to include their heirs, successors, legal representatives and
assigns).
AND
M/s Nihon India Service Private Limited, having its Registered Office at Unit -L-
11/02, DLF Phase- II, Gurugram – 122001, Haryana, through its authorized
signatory Mr. Karan Singh who has been authorized vide Board Resolution
dated__ which has been annexed herewith as Annexure A hereinafter called as
‘Third Party’ which expression shall wherever the context or meaning so requires
or permits be deemed to include their heirs, successors, legal representatives and
assigns).
WHEREAS the First Party is absolute and exclusive owner of Flat bearing No. D-
291, 29th floor, Tower- D, Park Place, DLF City, Phase- V, Gurugram, Haryana-
122002, consisting of Three (3) bedrooms with attached bathrooms, Servant room
with total area of approximately 2283 sq. ft. along with Two (02) car parking space
PS/D004 & PS/D005, (hereinafter called the ‘Demised Premises”);
Whereas previously the First Party and Second Party had executed a lease deed
dated 01st June 2020 for a period of 11 months starting from 01 st June 2020 to 30th
April 2021 and subsequently from 01st May 2021 to 31st March 2022 hereinafter
referred as (“First Lease Deed”)
WHEREAS under the First Lease Deed dated 1 st June 2020 has expressly
conferred the right on the Second Party to sub-let the Demised Premises only for
purpose of residential accommodation.
WHEREAS the Second Party had sub-let the Demised Premises in favour of the
Third Party through a separate lease deed dated 01 st April 2021 for period of 11
months till 31st March 2022 (hereinafter referred as “Sublease Deed”)
WHEREAS accordingly the lease tenure of the First Lease Deed dated 1 st June
2020 and Sublease Deed dated 1st April 2021 were to expire on 31st March 2022.
WHEREAS Second Party had approached the First Party and stated that due to the
prevailing Covid- 19 situation, Third Party occupying the Demised Premises for
the residence of Japanese expatriate is unable to immediately vacate the same and
consequently the Second Party is not in position to hand over the vacate possession
of Demised Premises and need further extension of lease upto __2022.
WHEREAS the Second Party and Third Party gave assurance and undertaking to
First Party that no further extension would be sought by them and the possession of
Demised Premises would be handover to First Party on ___.
WHEREAS relying on such assurances and undertakings, the First Party had
entered into a fresh Tripartite lease deed dated ____with Second Party and Third
Party (herein referred as “Tripartite Lease Deed”) and agreed to further extend
the lease till ___2022 on such terms & conditions as mentioned in Tripartite Lease
Deed.
WHEREAS it was agreed between the parties that upon the expiry of the term of
the lease or on its earlier termination/forfeiture, the Second Party shall hand over
the vacant and peaceful possession of the Demised Premises to First Party.
WHEREAS it was agreed between the First Party and Second Party that in case of
any breach of terms & conditions of Tripartite Lease Deed the First Party shall be
entitled to terminate/forfeit the lease even prior lease period after serving 15 days
notice in writing upon the Second Party and in such event the First Party shall have
the right to re-enter the premises.
WHEREAS it was agreed between the all the parties under Tripartite Lease Deed
that the First Party shall not be bound by any other terms and conditions,
arrangement made between the Second Party and Third Party.
WHEREAS under this Cancellation Agreement, it is agreed between all the parties
that all the existing lease deeds and/or sublease deed as the case maybe among the
parties regarding the Demised Premises stand revoked, cancelled, terminated on
the date on execution of this agreement and fresh agreement has been created vide
this Cancellation Agreement on terms & conditions contained herein. All the
previous Lease Deeds, Agreements earlier made between the parties prior to
execution of this Cancellation Agreement stand cancelled for all the intents and
purposes.
WHEREAS all the parties agrees that in case of any dispute between the parties of
any nature, the courts at Gurugram alone shall have the exclusive jurisdiction to try
and decide the matter.
1. FIRST PARTY
2. SECOND PARTY
3. THIRD PARTY
M/s Nihon India Service Private Limited
through its authorized signatory Mr. Karan Singh