OFFERS INVITED FOR SALE OF IMMOVABLE PROPERTY LOCATED AT PIMPRI, PUNE OF HINDUSTAN ANTIBIOTICS LTD. ( A GOVT. OF INDIA ENTERPRISE), A UNIT REGISTERED WITH BIFR Under the directions of the Board for Industrial and Financial Reconstruction ( BIFR ) the Asset Sale Committee (ASC), constituted after the sanction of the Rehabilitation Scheme for Hindustan Antibiotics Ltd., a Govt. of India Enterprise under the Ministry of Chemicals & Fertilizers ('the company'), Pimpri, Pune, by BIFR, invites fresh offers in sealed covers for sale of freehold land at S. No.104,105 & 106 at Pimpri Wagrere, Pune, forming part of surplus assets of the company as under : Plot No. P8 P9 Area in Sq.Mtrs. Reserved Price (Rs.) per sq.mtrs. 13439.81 (Approx. 3.321 Acres ) 11586.08 ( Approx. 2.863 Acres) Reserved Price ( Rs.) EMD (Rs.) 10% of Reserve Price 19500 26,20,76,295 /- 2,62,07,630 /- 20000 23,17,21,600 /- 2,31,72,160 /- The offer for sale of aforesaid land is on "as is where is" basis and subject to terms and conditions of sales annexed hereto. Interested bidders may quote their offers and eligible bidders will have to deposit EMD as per details given above by way of Demand Draft / Pay Order drawn in favour of 'Hindustan Antibiotics Ltd.' payable at Pune. If the bid is not accepted, the EMD would be refunded promptly unless forfeited as provided in the terms & conditions without any interest. The bid amount shall be exclusive of all taxes, duties, levies, 1 or any registration fees, etc. whichever is applicable from State/Central Government and the other concerned Authorities which shall be borne by the bidders. This Tender is being issued pursuant to direction of the ASC and is to be processed and finalized under the supervision and as per directions of IDBI as monitoring Agency and/or ASC. All decisions pertaining to acceptance or rejection of Tender and/or modification of terms of tender or to carry on negotiations with the Tenderer for revision of price bid or to invite open bids shall be made by ASC and communicated to the Tenderer through HAL. Where a bid has been finally accepted the purchaser shall be required to pay the balance of the purchase consideration in two installments i.e. 50% on acceptance of bid and balance amount of the total selling price minus the EMD amount, payable, respectively, before the end of 45 days and 90 days respectively from the date on which intimation regarding the final acceptance of the bid is dispatched to him by Registered Post ( A.D.) / Speed Post at his notified address. The possession of the plot purchased and the title thereof shall be transferred to the Purchaser only on full payment of the purchase consideration alongwith 15% interest p.a. in case of delayed payments which may be accepted subject to prior approval of the BIFR. The interested parties may submit their offer in sealed cover with the words superscribed as "Offer for purchase of land at Pimpri, Pune of Hindustan Antibiotics Ltd." to The Managing Director, Hindustan Antibiotics Ltd., Pimpri, Pune – 411 018 by 11.00 am of 26-04-2013. Tender document giving the details of the vacant land, other particulars and conditions of sale, are available at the company's office at Hindustan Antibiotics Ltd., Pimpri, Pune – 411 018 between 05-04-2013 to 25-04-2013 on payment of Rs. 1000/- (nonrefundable) by way of Demand Draft drawn in favour of "Hindustan Antibiotics Ltd.", payable at Pune, of any Nationalised / Schedule Commercial Bank notified by RBI . The tender documents containing the detailed terms and conditions alongwith the tender form are available at the Company’s website: www.hindantibiotics.gov.in which can be downloaded. The price of the tender documents is Rs.1000/- which may be paid by way of Demand Draft / Pay Order at the time of submission of the tender. For any further information, interested parties may please contact Office of the Company Secretary, 2 Hindustan Antibiotics Ltd. on - Tel. Nos. – 27303229 / 27303207 / 27425426; Fax No.27425327; E-Mail: csa.hapune@gmail.com. and halabg@gamail.com The offers/bids will be evaluated by the ASC constituted by BIFR. Interested parties are free to have inspection of the above land at Pune between 10.30 a.m. to 3.30 p.m. in the presence of the Company's representatives from whom other details can also be obtained. Offers will be opened on 26-04-2013 at 11.30 a.m. at Hindustan Antibiotics Ltd., Board Room, Pimpri, Pune, in the presence of ASC members and bidders. Note that: i) Any bid stipulating any condition or the bid being incomplete in any respect, the same shall be rejected. ii) The successful bidder will have to deposit the entire bid amount as per instalments stipulated above by Demand Draft / Pay Order drawn in favour of Hindustan Antibiotics Ltd., payable at Pune, from the date of final acceptance of the bid. The date of final acceptance of the bid will be conveyed in writing to the successful biddder by the ASC. In the event of failure to pay the sale price within the stipulated date the amount already paid including EMD paid by bidder shall stand forfeited and property may be sold at the risk and costs of defaulting bidder. iii) The sale is further subject to such modification /alteration of terms and conditions of sale as ASC deems fit and proper. iv) The ASC reserves the right to accept or reject any or all the offers without assigning any reason whatsoever and the decision of ASC shall be final and totally binding on the bidder(s).. v) The pre-bid meeting will be held on 22.04.2013 at 02.30 p.m. at the Office of the Company. Chairman of Asset Sale Committee. Date : 05-04-2013 3 HINDUSTAN ANTIBIOTICS LIMITED. ( A Govt. of India Enterprise ) PIMPRI, PUNE – 411 018. TENDER DOCUMENT PRELIMINARY INFORMATION Sealed tenders are invited by the Asset Sale Committee constituted by BIFR for sale of vacant land owned and possessed by Hindustan Antibiotics Ltd., (A Govt. of India Enterprise) located at Survey Nos. 104, 105 & 106 at Pimpri Waghere, Pune 411 018. Date of Issue of Tender Earnest Money Deposit Plot No. P8 P9 A) : Area in Sq.Mtrs. From 05-04-2013 to 25-04-2013. Reserved Price (Rs.) per sq.mtrs. 13439.81 (Approx. 3.321 Acres ) 11586.08 ( Approx. 2.863 Acres) Reserved Price ( Rs.) EMD (Rs.) 10% of Reserve Price 19500 26,20,76,295 /- 2,62,07,630 /- 20000 23,17,21,600 /- 2,31,72,160 /- Tender to be submitted by : 26-04-2013 before 11.00 a.m. Opening of tenders : 26-04-2013 at 11.30 a.m. Name and Address of the Officer Concerned: The Company Secretary, Hindustan Antibiotics Ltd., (A Govt. of India Enterprise), Pimpri, Pune – 411 018. 4 (B) Details of the Property: The land admeasuring 6.184 acres is situated behind H.A. Colony at Pimpri, Pune, Maharashtra near the geometric centre of Pimpri Chinchwad twin city. Plot No. Area in Sq. Mtrs. P8 13439.81 (Approx. 3.321 P9 11586.08 ( Approx. 2.863 Acres ) Acres ) It is 15 kms. from Pune, about 12 kms. from the IT Park at Hinjewadi and 15 kms. from the proposed airport at Chakan as well as existing airport at Lohgaon. The land is surrounded by well developed wide roads and all the amenities and facilities like hospitals, schools, colleges and markets, etc. are available in the vicinity of 2 kms. The Railway Station, Pune Mumbai National Highway as well as Expressway from Pune Mumbai are also within the close vicinity of the land. The land is free from encumbrances and is owned and possessed by HAL. The sale of land has been approved by the Govt. of India and Govt. of Maharashtra. The land will be sold on “as is where is” and “as is what is” basis. The land was acquired for the Company under Land Acquisition Act and relevant documents regarding acquisition of land and approvals for the sale of land are available for inspection at the office of the Company as already mentioned above. (C) List of Drawings : The Sub-division layout being submitted to Pimpri-Chinchwad Municipal Corporation (PCMC) is enclosed as Annexure -A 5 (D) Submission of Tenders : Tenders duly filled in must be submitted in the prescribed forms in the envelope superscribed as “Tender for Purchase of Land at Pune”. The details like lay-out with schedule of property, tender documents and prescribed form with Terms and Conditions can be obtained from the office of Company Secretary, Hindustan Antibiotics Ltd., Pimpri, Pune – 411 018, Maharashtra on payment of Rs.1,000/- (Rupees One Thousand Only) to be paid in the form of Demand Draft or Pay Order (payable to Hindustan Antibiotics Ltd.) and is non-refundable. Tender documents can be collected during office working hours from 10.00 am to 4.00 pm and will be available from 05-04-2013 to 25-04-2013 on any working day except Saturday and Sunday. The tender documents containing the detailed terms and conditions along with the tender form are available at the Company’s website www.hindantibiotics.gov.in which can be downloaded. The price of the tender documents is Rs.1000/- which may be paid by way of Demand Draft / Pay Order at the time of submission of the tender. The last date for submitting sealed tenders is 26-04-2013 before 11.00 a.m. The tender should be deposited in the Tender Box kept in the Office of the Company Secretary, Hindustan Antibiotics Limited, Pimpri, Pune 411 018. The offers / bids received after the specified date and time shall be liable to be rejected. The tender will be opened on 26-04-2013 at 11.30 a.m. at the company's office at Hindustan Antibiotics Ltd., Board Room, Pimpri, Pune for which the bidders or their authorized representatives may remain present. The right to accept or reject or cancel any tender is reserved with ASC without assigning any reasons there for, and it will be totally binding on the Bidders. For details please contact : Company Secretary, Hindustan Antibiotics Ltd., (A Govt. of India Enterprise), Pimpri, Pune – 411 018. Tel.No. (020) 27303229 / 27303207 / 27425426. Email : csa.hapune@gmail.com and halabg@gmail.com Fax No. (020) 27425327 6 HINDUSTAN ANTIBIOTICS LTD., (A Govt. of India Enterprise ) PIMPRI, PUNE – 411 018. Terms and Conditions of sale 1) Sale of land shall be on the basis of “AS IS WHERE IS” and “AS IS WHAT IS” basis. 2) The prospective buyer/bidder is at liberty to give bid for the entire property of land offered or for one or more plots. ASC may also consider a bid submitted by a consortium of persons / companies. However it is made clear that there should be no change in the consortium structure during the finalization of the tender right up to the stage of depositing the bid amount with HAL. If there are any changes in the consortium structure, ASC reserves the right to cancel the sale. However, the financial arrangement between the parties should be specified in the tender document. No bid by a Consortium / Partnership / Company shall be entertained if in the opinion of the Asset Sale Committee it has led to reduction in competition. 3) The prospective buyer/bidder will be allowed to inspect the property on a stipulated date and time as mentioned in the Tender Document in the presence of the company’s representative. Although the documents such as PR Cards / City Survey Maps / DP remarks / DP Plans, etc. are available with HAL, the tenderer should verify before submission of tender bid necessary information on their own from PCMC / Urban Development Department and any other Government Departments, Authorities regarding Zoning Regulations, Land Area, allowable FSI, Ground Coverage, and Landscaped Area and / or regarding any other issues as deemed necessary by the prospective Tenderers. Complaint / dispute will not be entertained at later stage. 4) The prospective buyer/bidder shall be deemed to have accepted title of Hindustan Antibiotics Ltd to the property. 7 5) Offers/Bids shall be made in sealed envelopes which will be opened on 26-04-2013 at 11.30 a.m. in the Board Room of HAL at Pimpri, Pune- 411 018, Maharashtra in the presence of the bidder’s representatives. 6) The offerer / bidder should deposit earnest money (EMD) as per details given below: Plot No. P8 P9 Area in Sq.Mtrs. Reserved Price (Rs.) per sq.mtrs. 13439.81 (Approx. 3.321 Acres ) 11586.08 ( Approx. 2.863 Acres) Reserved Price ( Rs.) EMD (Rs.) 10% of Reserve Price 19500 26,20,76,295 /- 2,62,07,630 /- 20000 23,17,21,600 /- 2,31,72,160 /- EMD is payable in the form of Demand Draft / Pay Order drawn in favour of “HINDUSTAN ANTIBIOTICS LIMITED” payable at Pimpri, Pune. Bids not accompanied by the EMD shall be rejected. EMD shall be forfeited if the party whose offer / bid is finally accepted defaults in making the balance payment in terms of the conditions of sale and completing other sales formalities within the due date. If, however, the sale is completed within the specified time limit, the EMD shall be adjusted towards the final sale price. The EMD will not, however, carry any interest. 7) If the bidder stipulates any condition or stipulation pertaining to title or if the bid is incomplete in any respect, it shall be rejected. 8) The bid amount shall be exclusive of all taxes, levies, duties or any registration fees or any other fees / charges of the Govt. Authorities etc. 8 whichever is applicable from State / Central Government and the same shall be borne by the successful bidders. Purchaser /successful bidder shall comply with all Statutory Provisions, Rules & Regulations, Bye laws, etc. in all respects, including paying all fees, taxes in accordance with the provisions of acts / rules as applicable. Purchaser / successful bidder shall comply with any Central or State Enactment, Ordinance or other Statute or any Regulation, or Bylaws of any local or other duly constituted authority. 9) The bid of the highest acceptable responsive bidder shall normally be accepted. However, if the price offered by that bidder is not acceptable, negotiation may be held only with that bidder. In case such negotiation does not provide the desired result, the reasonable or acceptable price may be counter – offered to the next highest responsive bidder (s). 10) The cost of channelising the land drain passing through the land and cost of development of internal roads and relocation of High Tension line will be borne by the successful bidder as per the requirement of PCMC. The estimated cost of these works amounting to Rs.1,50,00,000 /- (approx.) will have to be paid by the successful bidders proportionately alongwith the first installment towards the payment of price of the land. 11) It will be HAL’s obligation to pay and discharge all outstanding taxes and outgoings. HAL will discharge its obligation within one year and in case of litigation pending pertaining to such taxes and outgoings, after disposal of such litigation. 12) Where a bid has been finally accepted the purchaser shall be required to pay the balance of the purchase consideration by way of Demand Draft / Pay Order drawn in favour of “ HINDUSTAN ANTIBIOTICS LIMITED” payable at Pimpri, Pune in two installments i.e. 50% on acceptance of bid and balance amount of the total selling price minus the EMD amount payable, respectively, before the end of 45 days and 90 days respectively from the date on which 9 intimation regarding the final acceptance of the bid is dispatched to him by Registered Post ( A.D.) / Speed Post at his notified address. 13) In case of failure to pay the sale price as per the installments mentioned above the amount already paid including the EMD paid by the bidder shall stand forfeited and property will be sold at the risk and cost of the defaulting bidder. 14) The successful purchaser shall within 15 days of the receipt of intimation regarding the acceptance of his bid, furnish bank guarantee valid for one year, as may be considered satisfactory by the OA / HAL, to secure full and timely payment of consideration for the assets purchased. 15) The possession of the land and the title thereof shall be transferred to the purchaser only on full payment of the purchase consideration along with 15 % per annum interest, in case of delayed payments, which may be accepted with the approval of the BIFR. HAL will execute the Sale Deed, in favor of the purchaser on receipt of full amount of the bid. Draft Sale Deed is given in Annexure – I . The Sale Deed shall be executed with the successful Bidder / Buyer specifying therein all the terms and conditions related to the sale of the property of the HAL. The "Conveyance Deed" shall be executed with the Buyer, the documents will be duly registered and the possession of the property purchased and the title thereof shall be transferred to the Buyer only on receipt of full payment of purchase consideration along with interest in case of delayed payments, if any. 16) The extension of time to be granted by the Board in terms of para ( 15 ) above will not exceed 90 days each from the due date(s) of the respective installment(s) and shall be subject to prior extension, if necessary, of the period of validity of the bank guarantee for the unpaid amount, besides payments of interest @ 15% per annum for extended period. 17) The ASC will open the bids / offers on the appointed date, time and place in the presence of its members, bidders, BIFR, Special Director ( if any ), 10 and the representative of the company ( if any available ). It would examine the offer(s) and select the highest / best acceptable offer(s) in each category, specifying the reasons therefor, and draw up formal proceedings in this regard. If the decision is by the consensus of all the members present and only the highest bid(s) above the respective reserve price(s) fixed is / are proposed to be accepted, the ASC would be free to finalise the same and keep the funds ( which are received in deposit in the name of the company ) for being eventually dealt with in accordance with the direction of the BIFR. 18) Final acceptance of the bids recommended by the IDBI shall be subject to approval / confirmation by the Assets Sale Committee and the Board of Directors of HAL who could confirm the best bid, provided the bid price is above the reserved price. However, in case of bid price is below reserved price, the bid could be accepted only with the prior approval of BIFR. 19) ASC shall not enter into covenant as to warranty, titles or any type of insurance or indemnification or otherwise of the immovable properties. The intending purchaser /successful bidder shall indemnify ASSET SALE COMMITTEE (ASC) / HAL against all actions, suits, claims and demands brought or made against it in respect of anything done or omitted to be done by the intending purchaser in execution of, or in connection with the work of the Agreement and against any loss or damage to the ASC / HAL in consequence of any action or suit being brought against ASC / HAL for anything done or omitted to be done in the execution of this Agreement (Draft as per Annexure-III ). 20) ASC do not provide any guarantee as to quantity and specification of assets sold. The bidders are to satisfy themselves in this regard after physical inspection of the properties and the bidder will be deemed to offer with full knowledge as to the defects, if any, in the descriptions of the property under sale. 21) The sale is further subject to such modification /alteration of terms and conditions of sale as ASC deems fit and proper. 11 22) The sale shall be subject to jurisdiction of Pune Court. 23) The ASC reserves the right to accept or reject any or all the offers without assigning any reason therefor and the decision of ASC shall be final, and totally binding on the Bidder. In case of any dispute between the parties in respect of interpretation of the terms of this Tender Document or anything arising there from, such dispute or difference shall be referred to the Assets Sale Committee, who is empowered to adjudicate and decide the disputes, if any, between the parties and its decision shall be final, conclusive and binding on both the parties. 12 HINDUSTAN ANTIBIOTICS LTD., (A Govt. of India Enterprise ) PIMPRI, PUNE – 411 018. Subject : Reference : Sale of Vacant Land at S.No. 104, 105, & 106. Pimpri-Waghere, Pune 411 018, Maharashtra. Public Tender Notice dated 05-04-2013 Instructions to Bidders/Tenderers : 1) Please fill in all the columns. 2) Please sign the form. 3) Please enclose EMD in respect of the land, payable in the form of Demand Draft / Pay Order drawn in favour of “HINDUSTAN ANTIBIOTICS LIMITED” payable at Pune as per details given below : Plot No. P8 P9 Area in Sq.Mtrs. 13439.81 (Approx. 3.321 Acres ) 11586.08 ( Approx. 2.863 Acres) Reserved Price (Rs.) per sq.mtrs. Reserved Price ( Rs.) EMD (Rs.) 10% of Reserve Price 19500 26,20,76,295 /- 2,62,07,630 /- 20000 23,17,21,600 /- 2,31,72,160 /- ( EMD will be returned promptly to unsuccessful bidders after completion of the tendering process. No interest is payable on EMD ). 4) The offer must be specific. 5) Please confirm payment terms at the time of submitting tender 6) Registration fee, stamp duty and all statutory dues shall be paid by the Buyer. 13 7) Offer should be valid till completion of the tendering process (which may be a minimum period of 6 months). 8) The two plots as mentioned above are located in Residential Zone under the sanctioned Development Plan of Pimpri-Chinchwad Municipal Corporation (PCMC) subject to the conditions laid down by PCMC at the time of approving the sub-division layout of the land. 9) The decision of Assets Sale Committee shall be final and totally binding on tenderer. 10) The sale shall be subject to jurisdiction of Pune Court. 11) Please enclose this form in an envelope superscribed as “Tender for purchase of Land at Pune” with EMD and with other required enclosures and seal the envelope and deposit it in the Tender Box kept in the Office of the Company Secretary, Hindustan Antibiotics Limited, Pimpri, Pune – 411 018. 14 (Format of application/bid) To be filled by Tenderer: I/We give below information for participating in tender referred to above and I/We give below our offer to buy the land of Hindustan Antibiotics Limited, (A Govt. of India Enterprise), Pimpri, Pune 411 018 described above as per enclosed format:1) Name : 2) Address : 3) Tel. Nos.: Office 4) PAN Number 5) In case of Company/Firm/Society, Balance Sheet of last 3 years to be enclosed: Mobile Enclosed as Annexure – I. 6) Name of Promoters of Company / Society / Firm with Addresses 7) Demand Draft / Pay Order for Rs. _____________ dated _________ Drawn on Bank : Branch 8) I/We will get necessary NOC / Clearances from Income Tax Deptt. / Other Depts./ PCMC 9) The detailed offer is enclosed as Annexure-II in the prescribed format. 10) Payment Terms : I/We confirm that I/we will make full payment as per the terms and conditions of the tender. 11) I/We confirm that we will bear all expenses towards stamp duty, registration fees and / or any other statutory dues. 12) If agreement / conveyance of land has to be cancelled because of delay in making payment by me / us, I/we agree to pay penalties / liquidated damages / forfeiture of Earnest Money Deposit as per the terms and conditions of the tender. 13) Any other information or remarks : Given in Annexure III. 15 (The Tenderers may use additional sheets for furnishing the necessary information’s, if required). The above information is complete and correct and if it is found incorrect, I/we know that I/we will not be considered eligible for participating in the tender. I/We also agree to all the terms and conditions of the tender and I/we participate in this tender unconditionally and the decision of the Assets Sale Committee is acceptable to me/us and totally binding on me/us. Place : Signature : ………………………. Date : Seal : ……………………… List of Enclosures : 1) Earnest Money Deposit. 2) Memorandum and Articles of Association / Partnership Deed, etc. 3) Resolution / Authority. 4) Balance Sheet copies. 5) Affidavit – Annexure II along with Power of Attorney ( as applicable ) ***** 16 FORMAT FOR SUBMITTING THE OFFER PRICE FOR PURCHASE OF LAND Particulars : Vacant Land at S.No. 104, 105 & 106 at Pimpri Waghere, Pune- 411018, as per the enclosed drawing Reserve Price of Plot ( Rs.) 26,20,76,295 Plot No. Area in Sq. Mtrs. P8 - 13439.81 ( Approx. 3.321 Acres ) 23,17,21,600 /- P9 – 11586.08 ( Approx. 2.863 Acres) Name of the Party : Name of Authorised Signatory : Signature & Stamp : 17 Quoted Rate per Sq. Mtr. (Rs.) Total Quoted Amount ( Rs.) ANNEXURE - A 18 ANNEXURE - I (ON STAMP PAPER - STAMP DUTY AS APPLICABLE) DRAFT FOR SALE DEED THIS INDENTURE of sale deed made at _________ on this __________day of _______the Christian year two thousand ten. BETWEEN HINDUSTAN ANTIBIOTICS LTD, A company formed and registered under the Companies Act, 1913 having registered office at Pimpri, Pune-411018 (hereinafter called the "VENDOR" which expression shall include wherever applicable its successors) of the ONE PART . AND Shri_________________ aged about _______years Resident, of (Address) ______(Hereinafter called the "PURCHASER," which expression shall include wherever applicable his heirs, executors, legal representatives, successors and assigns) of the OTHER PART. WHEREAS the Vendor is seized and possessed of Plot bearing S. No.104/105/106 admeasuring _____ sq. mtrs., situate at Village Pimpri and more particularly described in the First Schedule hereunder written, hereinafter referred to as “the said Larger Plot”. AND WHEREAS the Vendor has applied for sub-division of the said Larger Plot where under inter-alia six sub-plots as per details hereunder are to be formed as under: Plot No. Area in Sq. Mtrs. P8 13439.81 ( Approx. 3.321 P9 11586.08 ( Approx. 2.863 Acres ) Acres ) AND WHEREAS pursuant to tender invited by the Vendor and the offer of the Purchaser having been accepted by the Vendor, the Purchaser has agreed to purchase sub- 19 plots _____ admeasuring ______ sq. mtrs., more particularly described in the Second Schedule hereunder written and marked as Plot ______ on the said Plan in “as is where is” and “as is what is” condition for the lumpsum consideration of us. AND WHEREAS it is the obligation of the Purchaser to obtain all requisite permissions. WHEREAS as per Resolution passed at the ________ meeting of the Board of Directors of the Vendor held on __________ the sale of the said Property to the Purchaser herein as decided by its Assets Sale Committee was approved and the signatory hereunder is authorized to execute this deed and Secretary of the HALhas been authorized to affix Common Seal of the the the Company Company, wherever required and to execute documents and to register the same and copy of the extract of the said Resolution is annexed hereto and marked as Annexure-B. WHEREAS the Purchaser has paid the entire price consideration of Rupees _______ as under : Rupees Particulars. (Rupees ___________ only ) by Demand Draft Number ______ dated ________ of ____________Bank Limited _________ as EMD.( Rupees ____________ only ) by Demand Draft as Follows : D.D.No._________ dated ___________ Amount. Received on ____________ acknowledged by HAL by receipt Number ___________ dated ____________ of ________ Bank_______ ( Rupees _________ only ) by Demand Draft Number ___________ dated ____________ of received on _________ acknowledged ___________ dated by HAL __________ by of receipt Number __________Bank ________________ NOW THIS INDENTURE OF SALE WITNESSETH AS UNDER : That in pursuance of the said agreement and in consideration of the said sum of Rupees ________ (Rupees __________) only paid by the Purchaser herein unto the Vendor before execution of these presents (the receipt of which sum the Vendor doth 20 hereby acknowledge as the full consideration) the Vendor doth hereby grant, convey and assign by way of absolute sale unto the Purchaser all those pieces and parcel of land admeasuring ________ square meters bearing Plot Nos.________ Survey Number 104,105 & 106 situated at Pimpri Waghere, more fully described in the Schedule herein and delineated in the plan attached thereto and colored Red thereon, with all the estate, right, title and interest of the Vendor herein together with all other right, easements, titles, advantages, privileges and appurtenances whatsoever in the said piece and parcel of land to Have and to Hold the same unto the Purchaser herein absolutely forever and absolutely free from all encumbrances, claims, demands, attachments and charges of all claim but subject however to the payment of all Government assessment and other taxes payable to the Govt. or any other Local Authorities in respect of the said land and property more particularly described in the Schedule hereunder and delineated in the plan attached thereto and colored Red thereon together with all ways, waters, watercourses thereto, whatever in the said piece of parcel of land more fully described in the Schedule hereunder and hereby conveyed, the Vendor covenant and confirm that all rents, rates, taxes assessment dues, duties on the said property have been paid by them up to and including the date of these presents and further covenant that should any rates, taxes, dues and duties be found payable up to date, the same shall and will be paid by it. AND that the Vendor doth hereby covenant with the said Purchaser that he, the Vendor has good right title, interest and full power to grant, convey and assign the said piece and parcel of property more particularly described in the Schedule hereunder and delineated in the plan attached hereto and colored Red thereon in the manner aforesaid and that the said Property is free from all encumbrances, claims, demands and other court attachments and that the Purchaser may quietly enter into and enjoy the same, the rents and profits of the said property without any lawful interruption, claims, demand or disturbance whatsoever from the said Vendor or any other person or persons claiming through, under or in trust for the said Vendor. And that free and clear and freely and clearly and absolutely acquitted, exonerated, released and forever discharged or otherwise by the Vendor and sufficiently saved, defended, kept harmless and indemnified of, from and against all former and other estates, titles and charges and or encumbrances whatever made, executed, occasioned or suffered by the Vendor or by any other persons or persons lawfully or equitably claiming by, from, under or in trust for them or any of them with the Vendor and all persons having lawfully or equitably claiming any estate, right, title or interest in law or in equity in all said property 21 hereby conveyed, transferred or any part thereof by, from or in trust for the Vendor or his successors, assignees and representatives shall and will from time to time. AND that the Vendor doth hereby covenant with the Purchaser that notwithstanding any act, deed, matter or thing whatsoever by the Vendor or by any person or persons lawfully or equitably claiming by, from, through, under or in trust for him, made, done, committed or knowingly or willingly suffered to the contrary, has right, title or interest to the said property not becoming void or voidable or the Vendor doth hereby covenant with the Purchaser that there is no mortgage, charge, lien or other encumbrances on the said property and the Vendor doth hereby further covenant with the Purchaser that the Purchaser, its visitors, servants, agents and licensees from time to time and at all times hereafter by day and night at its or their free will and pleasure for all purposes connected with the use and enjoyment of the said property hereby conveyed, and the Vendor declare that he has handed over to the Purchaser all documents of title relating to, belonging to or connected with the said property and the Vendor declare and confirm that he does not have any other documents of title and should he come in possession of any evidence or document of or relating to title, he shall and will hand over or cause to be handed over to the Purchaser or any person claiming through or under the Purchaser. AND that the Vendor doth hereby confirm that he had handed over to and placed the Purchaser in possession of the said property hereby granted, conveyed, transferred and assigned unto the Purchaser. AND that the Purchaser on his part covenants with Vendors that the Purchaser shall at his cost construct a boundary / compound wall immediately on the execution of this presents along the line shown in Green colour in the plan hereto annexed, as per the specifications in SCHEDULE II hereto annexed - IN WITNESS WHEREOF, the Vendor has hereunto set his hand to this Indenture of sale on the day, month and year first above herein written. THE FIRST SCHEDULE ABOVE REFERRED TO: THE SECOND SCHEDULE ABOVE REFERRED TO All that piece or parcel of belonging to HAL, situated within Pimpri Chinchwad Municipal Limit & Residential Zone admeasuring ________square meters or thereabouts and delineated by the Red colour in the site plan annexed thereto, within the Sub- 22 Registration District of Haveli, District Pune with boundaries described herein under. Survey No. Plot No. Admeasuring North South East West P8 P9 WITHNESSES : 1. Signed and delivered by ____________ ( For and on behalf of the within named Vender ) Signature ___________________ 2. Signature ____________________ Signed and delivered by ____________ ( For and on behalf of the within named Purchaser ) 3. Signature ___________________ 4. Signature ____________________ 23 DEFINITIONS : For the purposes of the Sale Deed the following words and expressions shall have the meaning hereby assigned to them except where the context otherwise requires: 1. "ASSET SALE COMMITTEE ( ASC )" shall mean Asset Sale Committee (ASC )on whose behalf Chairman & Managing Director or any officer authorized by him shall execute the sign the correspondence and documentation. 2. “Vendor” means Hindustan Antibiotics Limited, ( HAL ) 3. "The Competent Authority" shall mean the ASSET SALE COMMITTEE, or any officer authorized by the ASSET SALE COMMITTEE. 4. "The Tenderer" shall mean the Individual, Proprietary Firm, Partnership Firm, Joint Venture Company, Company/Entrepreneur or Consortium who purchase the tender documents and submits its tender and the legal successors of such company but not any assignee of such company. 5. "The Purchaser" shall mean a tenderer whose tender has been accepted by the HAL and to whom a written communication has been sent. 6. "The Property" shall mean more specifically described in the tender document. 7. "The Tender" shall mean the bid of the tenderer accepted by the HAL pursuant to directions of HAL. 24 ANNEXURE – II DRAFT FOR AFFIDAVIT ( To be given separately by each constituent of the tenderer on Stamp paper of Rs. 100 /- ) I, _________________________, son of ____________________ resident of ______________ having been duly authorized to make this statement do hereby state as under : That whereas, I have tendered for the following Plot No. bearing Survey No. 104,105 and 106 of Hindustan Antibiotics Ltd. Pimpri , Pune -411018. Now, therefore, I, the undersigned, do hereby certify that all the information supplied is accurate, true and correct. Sr,No. Plot No. Area in Sq. Mtrs. 1. 2. The undersigned also authorize(s) and request(s) any bank, person or firm to furnish any information requested by the HAL to verify any pertinent information deemed necessary and our reputation. The undersigned also understands and agrees to supply any further information as may be requested by HAL. The undersigned also understands that furnishing of false information could result in disqualification of his company for the award of Sale Contract. ( Signed by an Authorized Signatory of the Firm / Individual ) : Title of Offer : __________________________________________________ Name of Firm : _________________________________________________ Date : ________________________________________________________ Encl : Requisite power of attorney. 25 ANNEXURE III DRAFT INDEMNITY BOND (To be engrossed on stamp paper of Rupees 200/-) The successful bidder is required to submit the same duly notarized, immediately on receipt of letter of acceptance. This Indemnity Bond is made at ___________ on this _________day of _______ 2013 by: MR _____________________________________________Age _______ ________years _________________________________________________________, (Hereinafter referred to as the "Bounden," which expression shall, unless repugnant to the context or meaning thereof, be deemed to include his heirs and successors) in favour of Hindustan Antibiotics Limited Pimpri, Pune – 411 018. ( Hereinafter referred to as the “HAL” which expression shall include its successors, assigness, administrators and executors ) WHEREAS : (1) The HAL owns and possesses the properties i.e. land near ________ bearing CS No________ Village __________ admeasuring _________ square meters or thereabout within the ______________ Municipal Limit and belongs to _________ zone Taluka __________ and District- _________ and whereas the HAL intends to sell the said property and therefore, the HAL has invited the tenders from the intending purchasers. The Bounden is carrying on business as a intends to purchase the above properties and accordingly he has (2) __________ and he forwarded his tender. The HAL has accepted the tender submitted by the Bounden. Now the Bounden undertakes that the Bounden shall take all necessary steps for the execution of the agreement and further undertakes to pay the amount of consideration as agreed and approved by the HAL. (3) The Bounden further undertakes to do or not to omit the legal and other duties cast upon him as per the agreement between him/her and the HAL. 26 (4) The Bounden hereby indemnifies the HAL against all actions, suits, claims and demands brought or made against it, in respect of anything done or omitted to be done by the Bounden, in execution of, or in connection with the work of the agreement and against any loss or damage to the HAL in consequence of any action or suit being brought against HAL for anything done or omitted to be done in the execution of this agreement. Now, this Indenture Witnesseth that the Bounden doth hereby agrees with the HAL / ASC that the Bounden will at all times hereafter well and sufficiently indemnify and keep indemnified and save harmless the HAL / ASC and the declaration made above is true and correct. IN WITNESS WHEREOF the Bounden has hereto set his hand, the day and the year first herein above written. BOUNDEN WITTNESSIS : 1. _______________________________ 2. _______________________________ 27