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This deed of agreement is entered into between Om Sakthi enterprises a

partnership firm represented by its partner Narmadha W/o Pugalendi ( aadhar

no. 4816 7695 7054 having its office at 11 Anna Nagar Edayar palamyam

Coimbatore as the party of the 1st part ( which expression shall include the

heirs assignees and power of attorney agents)

And Mr. Muhaamed Kasim S/o Abdul khader Dauyslam house

Parayakkad Cherthala with id( DL . No 32/2793/2001) Kerala as the party of

the 2nd part ( which expression shall include the heirs assignees and power of

attorney agents)

Whereas the 1st party has obtained scrap iron materials based on

tender based action from the Malabar Cements Ltd Palakkad Kerala, vide

tender reference number MSTC/BLR/17-18/1015 DATED 15-05-2017 ,auction

number MSTC /BLR/MALABAR CEMENTS/1/ON NH47 BETWEEN

COIMBATORE AND PALAKKAD /16/-17/22074 of a quantity of 700 tonnes

on as is where is basis. The second party is desirous of lifting the said items of

scrap from the yard at Malabar cements ltd Palakkad as purchase at the rate of

Rs. 16.50 per kilogram . The first party has satisfied the second party of the

possession of the material and the second party has expressed the satisfaction

after having physically seen the sam of the ownership right and possession of

subject matter of this agreement.


The first party has accepted the rate as quoted by the second party and

the second party has paid a sum of Rs 60,00,000/ ( rupees sixty lakhs only)

as advance amount to the first party towards part of the total sale

consideration for 700 tons( 7,00,000 kg).

The first party shall afford the second party the necessary clearances for

vehicular passage from the precincts of the Malabar cements yard. The 1st party

shall prepare invoices in the name of parties as suggested by the second party

and the second party will counter sign each and every invoice for every lot or

consignment or lorry load.

The second party shall remit the balance sale consideration either in

whole or in tranches or instalments before material scrap is being lifted.

The first party shall be responsible for paying the GST .The second party

has no such obligation

The second party shall make the payments to the first party within the

time and manner stipulated.

The parties agree that the unperformed part of contract for sale can be

assigned to any other party.

The second party shall be liable for any demurrage that may be charged

by the Malabar cements ltd for no lifting or clearing the material scrap.
In case of any dispute with regard to this agreement the same shall be

decided according to the Arbitration and conciliation Act 1996 and the

appointment of arbitrators shall be decided in the manner as enjoined under

said act .The seat of arbitration will be at Coimbatore only.

In witness whereof the parties hereto have set their hands on this agreement on

this 31st August 2017.

Party of the 1st part Party of the 2nd part

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