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Draft for Checking dated 12/11/2022

POWER OF ATTORNEY

TO ALL TO WHOM THESE PRESENTS SHALL COME, I,


MR. KRUSHNA SINDHU JAISWAL, an adult, Indian Inhabitant,
Residing at Vill, Dawadi, Dombivali (E) Tal-Kalyan, Dist-Thane SEND
GREETINGS:

WHEREAS:-

1. Vide Agreement for sale dated 18th February, 1998 (hereinafter


referred to as “said Agreement”) I and Shri. Kayanji Devshi
Bhanushali have agreed and jointly to purchase from Mr. Ananta
Ganpat Godhali and Shantaram Ganpat Godhali (hereinafter referred
to as “the Transferee”) the piece and parcel of agriculture land of
Revenue village Chal, Taluka Panvel, District Raigad bearing Survey
No. 5 Hissa No. 5, Survey No. 5 Hissa No. 1, Survey No. 5 Hissa
No. 2 and Survey No. 5 Hissa No. 3( more particularly described in
first schedule hereunder written and hereinafter referred as “ said
Land ”) for the consideration, terms and condition contain therein .
2. In the pursuance of said Agreement, I and Shri. Kayanji Devshi
Bhanushali filed a Civil Suit bearing No.149/2012 in the Court of
Civil Judge (J.D.) Panvel at Panvel for the specific performance of
said Agreement under the Specific Relief Act and said Suit is still
pending before this Hon’blePanvel Court(hereinafter referred to as
“Proceeding”).

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Draft for Checking dated 12/11/2022

3. Shri. Kayanji Devshi Bhanushali @Gajra who expired on 17/09/2016


due to illness. Smt. Shanti Kalyanji Garjra (Wife) and Shri. Sarju
Kalyanji Gajra (Son) are the legal heir of the Late Shri. Kayanji
Devshi Bhanushali @Gajra.

4. Due to inconvenient and old age, I am shifted to my native place i.e.


Uttar pradesh. I am not in a position to manage and deal with my
part of agreement, unable present before Hon’ble CJSD, Panvel and
transfer the said Land, jointly purchase by me and my partner Late
Shri. Kayanji Devshi Bhanushali @Gajra. Hence I nominate/have
agreed to appoint partner Son Shri. Sarju Kalyanji Gajra
(hereinafter referred to as “ the Said Attorney”) as my Constuted
attorney to do the following:-

NOW KNOW YE ALL AND BY THESE PRESENTS


WITNESSETH that, I MR. KRUSHNA SINDHU JAISWAL do
hereby nominate, constitute and appoint Shri. Sarju Kalyanji Gajra
(hereinafter referred to as “the said Attorney”) to be my true and lawful
attorney,to do all act, execute and perform for me, in my name, and on
my behalf, the following acts, deeds, matters and things inter alia in
respect of Agreement for sale dated 18th February, 1998 (hereinafter
referred to as “Said Agreement”) thereby I and Mr.Devji Bhanushali
have agreed and jointly to purchase the piece and parcel of agriculture
land of Revenue village Chal, Taluka Panvel, District Raigad bearing
Survey No. 5 Hissa No. 5, Survey No. 5 Hissa No. 1, Survey No. 5
Hissa No. 2 and Survey No. 5 Hissa No. 3 ( more particularly

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described in first schedule hereunder written and hereinafter referred as “


Said Land ”) from Mr.Ananta Ganpat Godhali and Shantaram Ganpat
Godhali (hereinafter referred to as “the Transferee”) and being non
performance of said Transferee, filed a Civil Suit bearing No.149/2012
for the specific performance of said Agreement under the Specific Relief
Act and said Suit is still pending before this Hon’ble Panvel Court
(hereinafter referred to as “Proceeding”) filed by me and Mr. Devji
Bhanushali in the Court of Civil Judge (Senior Division), Panvel at
Panvel(hereinafter referred as “the said Court”)and for
transferringPlotin the name of the myself and attorney in the manner
hereinafter appearing:-

1. To appear, file and sign in my name and to act for me and represent
me in the said Proceeding before the said Court.
2. To appear, file and sign the No objection Cum Affidavit to transfer
our share in said Land in the Said Proceeding and registering
authority.

3. To sign, seal, execute, registrar and deliver all documents and


assurances in the nature of Deed of Assignment of Decree,
Conveyance, Assignment, Assurances, Exchange and Transfer,
Indemnity and/or any writing, contract, agreement and Instrument
whatsoever in or about the sale, management and administration of
the said Landor any of them to such persons or authorities as the
said Attorney may deem fit and proper to effectually carry out the
purposes of these presents.

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4. To appear before the Registrar or Sub Registrar of Assurances or


other concerned officer in any District or Sub District for the
purpose of admitting execution of any instruments or documents
including but not limited to an Agreement for Sale, Deed of
Rectification, Deed of Confirmation for registration thereof under
the provisions of the Indian Registration Act XVI of 1908 or any
statute modifying or extending the same and then and there or at
any time thereafter to lodge these presents and register or cause
and procure to be registered any deeds, assurances contract or
other instruments whatsoever executed by virtue of these
presents as may be deemed necessary in this behalf as fully and
effectually as I could do in respect of the said Landor any of them.

5. To defend, answer, oppose, resist, appear, accept service of any


notices, writs of summons or processes in my name and to act for
me and represent me in the said Proceeding and if the said
Attorney deems fit to commence, prosecute, continue, enforce, in
all actions, suits, legal and other proceedings and demands
whatsoever whether civil, arbitration, or administrative relating to
or touching the said Proceedings alone or any part or parts thereof
in the said Court, the Appellate Court thereof or any other Court,
Tribunal or quasi judicial authority or other Competent Authority
or Authorities And to reply to any notices and to sign verify
declare and affirm swear and file in or for the purposes of any such
actions, suits, proceedings as aforesaid all such plaints, written

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statements, affidavits, petitions, applications, appeals, review and


revision applications as the said Attorney shall think fit.

6. To make, sign, execute, submit, address any plaints, written


statement, petitions, applications, forms, declarations, documents,
undertakings, papers, writings, letters, communications,
representations, statements, terms, conditions, including but not
limited to giving evidence in the said Court or any appellate Court
thereof in respect of the said Execution Application as also to file
any proceedings, appeals, review and revision applications to or
before the said Court, the Bombay High Court or any other Court,
Tribunal or quasi judicial authority or other Competent Authority
or Authorities as may be necessary to carry me and/or implement
any of the provisions herein contained.

7. If thought fit by the said Attorney to settle, compromise, adjust,


compound, refer to arbitration, abandon to judgement and
execution or become non-suited in all or any of such actions, suits
and proceedings and to enforce by execution, attachment, distress
suit or otherwise any decrees orders or awards in any favour (either
solely or jointly with any other person or persons).

8. TO NEGOTIATE WITH, any person/s, whether, BODY


CORPORATE, or otherwise and effect the sale of the Landon
such terms and at such price as the Attorney considers best under
circumstances.

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9. TO APPOINT, ENGAGE BROKERS AND AGENTS OR TO


GIVE PAPER NOTICES OR PAPER ADDS for the purpose of
the sale of the properties. To settle and pay the fees and charges
due to such Brokers and Agents and or other authorized
representatives duly appointed by the attorney on our behalf.

10. TO COLLECT AND DEPOSIT THE MONEYS realized from


the sale of the Land with the Bank/s and keep them
invested/deposited and utilized as the Attorney considers best
under circumstances.

11. TO OPEN ANY ACCOUNT/S INDIVIDUALLY OR


JOINTLY, Including saving bank accounts, current accounts,
fixed deposit accounts or any other account/s with any bank and
operate the same and to give such instructions to the bank/s from
time to time as the case may be necessary or may be thought fit by
the said Attorney, in our name to withdraw moneys from time to
time from the said account/s and for that purpose to sign cheques/
withdrawal/s slip etc.; including such cheques and or withdrawals
in his own favour to overdraw such accounts and to close all such
accounts existing as opened by such Attorney, if and when thought
fit by the said Attorney.

12. TO APPLY FOR LOAN with Banks/ Financial Institution and


to mortgage, assigns or sell any of the Land for the purpose of

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obtaining loan from any financial institution and to sign, execute,


negotiate any documents for the said purpose

13. To Pay and discharge monthly rent/ royalty compensation,


maintenance charges, levies, taxes in respect of the said Land and
our articles (if obtained in the future as may be required) and things
therein.

14. To sell surrender, exchange the said Land and or apply for the
transfer of the said Land and or our right and interest in the said
Land from our name to the name of any other person or person/s,
firm or company including in the name of the said Constituted
Attorney, on our behalf and for the said purpose to make and sign
all applications to the relevant competent authority, and all
concerned authorities and to give such writings, indemnities,
undertakings, and securities as may be required and /or insisted
upon by the purchaser and the said builders and / or such
authorities whenever our Attorney think fit and proper to do so.

15. To accept, receive or allocate or handover the possession of the


said Landor any part or portion thereof wherein we are interested
as Owners or Co-Owners on our behalf on such terms and
conditions as our Attorney shall think fit and proper to do so.

16. To Lease- Let or give on leave and license the said Land or any
portion thereof to such person or persons and or body corporate, on

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such terms and conditions as the Rent/ compensation / royalty and


deposit and duration as our Attorney shall think fit to do so.

17. To present, and lodge for registration and / or admit execution


before the Sub- Registrar or any other competent authority of
Assurances any document/s in which we might be a party and
GENERALLY to take all steps for completing the registration of
such documents when concerning the said Land and/ or our right,
title or interest.

18. To sign and give receipts in our name and to give effectual
discharge on our behalf for any moneys/ goods/ things etc. received
for us or during the course of the said transactions.

19. To acknowledge from time to time any liabilities/ obligations due


from us in the future to any bank and institution.

20. To endorse, pledge, deposit, withdraw sell/government and other


securities, shares, bills of landings, railway receipts and such other
instruments and open letter of credit and give, vary and invoke
instruments regarding accounts in respect of all transactions and
acts related to the said Properties.

21. To admit execution of any agreement/ deeds/ documents letters


etc. before any authorities/ Government departments/ Courts
/Tribunals etc. executed by or on our behalf, during the course of
acquisition of the Properties.

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22. To commence, prosecute, enforce, defend, answer and oppose


any suit or any legal or otherwise and demands touching the
aforesaid subject and also if the said Attorney shall think fit to
compromise, refer to arbitration, abandon waive etc. any claims,
demands, suits, arbitration, etc. and to submit the judgement,
become non-suited in suits or proceedings.

23. To appoint Advocates/Solicitors/Pleaders as occasion shall


require and to make sign, execute, present and file all applications,
plaints, petitions, written statements, Vakalatnama, settlements,
admit claim and compromise petition, complaint, suits etc. before
any court, Local Authority, Competent Authority or any other
Authority for and on our behalf or any other matters necessary in
the opinion of the said Attorney to be made, signed, executed,
presented or filed.

24. To appoint any other person/s as his substitute/s and delegate


them all or limited powers under these presents and at pleasure to
remove them and appoint in their place.

25. To execute all such amounts and make all such payments as may
be necessary for any all of the aforesaid purpose or for any other
purpose as may be incidental or connected therewith and to obtain
receipts therefore.

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26. To appear on our behalf and represent us, before the Income
Tax, Sales Tax, PSEB, PUDA, Collector, Tehsildar, Patwari, and
any public or local Authority/s in respect of the managements &
registration for the said Properties.

27. To Manage and Conduct and Take Care and look after the said
Land and our interest therein and its conversions either solely or
jointly with others or others or in any other converted property
wherein we shall have any interest and to receive rents and profits
thereof and to give effectual receipts and discharges for the same
with liberty to in the course of managements to give on leave and
license or on a caretaker basis or any other basis the said Land or
any part thereof on such terms and conditions and at such rents or
compensation and subject to such covenants and conditions as our
Attorney shall think proper, and also to repair and keep in repair
the said Land and to insure the same against the risk of damages
by fire, tempest, riots, civil commotion or otherwise and also to use
and take all such lawful ways and means as may be necessary for
defending and protecting the said Properties, and also to appoint
and employ agents, workmen, and professionals, as required to
assist in the management of the said Land and to replace them
with others, and to pay the person to be so employed as aforesaid
such salaries, wages, and other remunerations as our Attorney shall
think fit and also on non-payments of any rent, compensation or
profits of the said Landor any part thereof or on the breach of any
covenant, arrangement or conditions which ought to be observed or

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performed by any lessee, tenant, licensee, caretaker or occupier of


the said Land or any part thereof to distain for rent, to commence,
carry on and prosecute any actions or other proceedings however
compelling for payment of rents or license fees of compensation or
on account as such breach of covenant as aforesaid as our Attorney
shall think fit.

28. To enter into agreements with the respect to said Land or any
portion thereof to such person/s and or body corporate, on such
terms and conditions, to acquire necessary clearances for
conversion of the Land from their nature i.e. from agricultural land
to non-agricultural land, residential to commercial, etc. upon
payment of the necessary levies, to the relevant Authorities in order
to develop the said properties, to carry the construction work after
obtaining all clearances, to acquire, water & electric connections,
to make uses of the said Land to generate moneys, to modify the
structures, (if constructed in future) to submit plans for approval to
PUDA or any other competent Authority in order to commence
construction activity on the said Land as our Attorney shall think
fit.

29. AND GENERALLY to do and perform and execute all such other
acts, deeds, instruments, matters, and things for and on our behalf
as may be necessary, proper, convenient, or expedient to be done
and in and about the said Land as fully and effectually to all intents
and purpose as we our self could do if personally present and we

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hereby ratify, confirm and covenant for ourselves, our heirs,


executors and administrators to ratify and confirm all and
whatsoever shall be lawfully done in the Land by virtue of these
presents.
The Schedule I
SAID LAND
The piece and parcel of agriculture land of Revenue village Chal,
Taluka Panvel, District Raigad bearing Survey No. 5 Hissa No. 5,
Survey No. 5 Hissa No. 1, Survey No. 5 Hissa No. 2 and Survey
No. 5 Hissa No. 3 that is to say as under:-

Survey No Hissa No Area Aakar


H-AR-P Rs= Paise
5 5 0-13-2 0=44
0-1-0
5 1 1-35-6 23=75
0-13-4
5 2 0-02-0 0=03
0-00-5
5 3 0-11-3 0=28

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IN WITNESS WHERE OF MR. KRISHNA SINDHU JAISWAL has


set and subscribed my hand to these presents at____________ on this
_______ day of November, 2022

SIGNED SEALED AND DELIVERED )


By the within named )
MR. KRUSHNA SINDHU JAISWAL )
in the presence of )

Accepted

MR. SURJU KALYANJI GAJRA )


Residing at Room No.3, Rupabai Niwas )
2ndFloor, Near Datta Mandir, )
Ayre Link Road, Dombivali (E), Tal-Kalyan)
Dist- Thane )

Witness:
1.

2.

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