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(ii) Survey No 236/1/H admeasuring 11,120 sq mts (iii)
Survey No 237/3 admeasuring 980 sq mts (iv) Survey No
42/1 admeasuring 480 sq mts (v) Survey No 43/1/B
admeasuring 1,730 sq mts (vi) Survey No 44/3/B
admeasuring 950 sq mts and (vii) Survey No 44/2B
admeasuring 570 sq mts in aggregate admeasuring 16,240
sq mts as per the revenue records and admeasuring
16,222 sq mts as per the documents shown by red colour
outline on the plan annexed hereto as Annexure `2' more
particularly described in the Schedule hereunder written
(hereinafter referred to as the `Plot') alongwith the
building/structure thereon. The Plot alongwith building/
structure thereon are hereinafter collectively referred to as
the `Property' TOGETHER WITH all and singular the
areas ways, compounds paths passages, water, water
courses, sewers, ditches drains, trees, plants lights
liberties rights members easements privileges and
appurtenances whatsoever to the Property or any part
thereof belonging or in anywise appurtaining thereto or
any part thereof or at any time herein before held used
occupied or enjoyed therewith or reputed or known as part
or member thereof to belong or be appurtenant thereto
AND ALSO together with all the original title deeds
documents writings vouchers and other evidences of title
relating to the Property or any part thereof AND ALL the
estate right title interest inheritance property possession
benefit claim and demand whatsoever both at law and in
equity of the Vendor into out of or upon the Property
hereditaments and premises or any part thereof AND TO
HAVE AND TO HOLD all and singular the Property hereby
granted and conveyed unto and to the use of the
Purchaser absolutely subject however to the payment of
rates rents taxes assessments duties and or dues that
may be payable to the State Government of Maharashtra
or to the Kalyan Dombivali Municipal Corporation or any
public body or authority by the Purchaser in respect
C/OLR/10/2020 IA ORDER
thereto AND the Vendor further covenant with the
Purchaser that notwithstanding any act deed matter or
thing whatsoever by the Vendor or by any person/s
lawfully or equitably claiming by from through under or in
trust from him made done committed or omitted or
knowingly or willingly suffered to the contrary he the
Vendor has in himself good right full power and absolute
authority to grant and convey the Property unto the
Purchaser in the manner aforesaid AND it shall be lawful
for the Purchaser at all times hereafter peaceably and
quietly to hold possess and enjoy the Property and or any
part thereof hereby granted and conveyed with its
appurtenances and receive the rights advantages and
profits thereof including the FSI and or the TDR available
now or at any time hereafter on the Property and every
part thereof for its own use and benefit without any suit
lawful interruption claim or demand whatsoever by or from
the Vendor or his successors in Office administrators or
assigns or any person/s lawfully or equitably claiming or to
claim by from under him AND that the Property hereby
granted and conveyed is free and clearly and absolutely
acquitted exonerated released and forever discharged or
otherwise by the Vendor and well and sufficiently saved
defended kept harmless and indemnified of from and
against all former and other estates title charges and or
encumbrances whatsoever had made executed occasioned
or suffered by the Vendor or his predecessors in title or
any person or persons lawfully or equitably claiming or to
claim by or in trust for him or any of them AND the Vendor
and all persons having or lawfully or equitably claiming any
estate right title or interest at law or in equity of the
Property hereby granted or any part thereof from under or
in trust for him his successors and assigns shall and will
from time to time and at all times hereafter at the request
and cost of the Purchaser shall do and execute or cause to
be done and executed all further and other lawful deeds
writings and or documents to do and perform, such other
reasonable acts deeds things and matters in law
whatsoever for the better and more perfectly conveying
the Property unto the Purchaser in the manner aforesaid
AND the Vendor hereby covenants with the Purchaser that
he the Vendor has not done omitted knowingly or willingly
suffered or been a party or privy to any act deed matter or
thing whereby he is prevented from conveying the Property
unto the purchaser in the manner aforesaid AND the
Vendor hereby covenants with the Purchaser that he the
C/OLR/10/2020 IA ORDER
Vendor has not done omitted knowingly or willingly suffered
or been a party or privy to any act deed matter or thing
whereby he is prevented from conveying the Property in
the manner aforesaid or whereby the same or any part
thereof are is can or may be charged encumbered or
prejudicially affected in estate title or otherwise howsoever
AND the Purchaser does hereby covenant with the Vendor
that the Purchaser will henceforth pay regularly the rents
herein reserved to all government and semi government
bodies and or authorities and keep indemnified the Vendor
his estates and effects from and against the payments and
all actions proceedings costs damages claims demand and
laibilties whatsoever for of account of the same or in way
relating thereto AND THAT as per clause 22 of the Terms
(as setout in recital (g) hereof) a sum of Rs 67,00,000/
(Rupees six seventy lacs only) on 30th Novermber, 2019
vide Certificate No.XFGAKEA bearing Challan No.30277
on account of OFFICIAL LIQUIDATOR HIGH COURT OF
GUJARAT to be deducted as per section 1941A of Income
Tax Act 1961 has not been deducted thereout, but instead
has been directly paid and deposited by the Purchase with
the Income Tax Department AND THAT such sum of Rs
67,00,000/ being the TDS has been paid and deposited in
the account of Income Tax department for and on behalf of
APS Star Industries Limited by the Purchaser over and
above and in addition to the Auction Price of Rs
67,00,00,000/ AND THAT IT IS FURTHER declared and
confirmed by the Purchaser that the Terms and Conditions
dated 19th January 2018 approved by the Hon'ble High
Court of Gujarat as per the Orders dated 11 th and
24th January 2019 shall be deemed to form a part of and
shall be deemed to have been incorporated in this
Indenture and shall continue to be binding on the Vendor
and the Purchaser herein AND THIS INDENTURE
FURTHER WITNESSETH that as per clause 27 of the
Terms (as setout in recital (c)(IV) above) the Vendor has
handed over to the Purchaser the quiet vacant peaceful
actual and physical possession of the Property by
Possession letter bearing Ref. No. OL/APS Star Ind//2019
dated 08/11/2019 annexed herewith as Annexure "8".