ASSURED RETURN AND LEASE GUARANTEE AGREEMENT
This Assured Return and Lease Guarantee Agreement (this "Agreement") is made at S.A.S. Nagar (Mohali), Punjab on 1 April 2026.
BETWEEN
Northfield Commercial Projects Private Limited, an individual, of SCO 84-85, Second Floor, Sector 82, S.A.S. Nagar (Mohali), Punjab 160055, PAN AABCN4521F, acting through Karanvir Singh Bedi, Director, authorised by board resolution dated 2 March 2026 (the "Developer", which expression includes its successors in interest and permitted assigns);
AND
Simran Kaur Dhillon, D/o Shri Ranjit Singh Dhillon, an individual, of House No. 612, Sector 69, S.A.S. Nagar (Mohali), Punjab 160062, PAN BRTPD6621N, acting through X, X (the "Buyer", which expression includes his, her or its heirs, legal representatives, successors in interest and permitted assigns).
The Developer and the Buyer are each a "Party" and together the "Parties".
RECITALS
A. The Buyer has purchased, or agreed to purchase, the Unit described in Schedule I from the Developer under an Agreement for Sale, particulars of which are: Agreement for Sale dated 4 February 2026 between Northfield Commercial Projects Private Limited and Simran Kaur Dhillon for Unit SCO-14, Northfield Business Walk, registered under Punjab RERA as PBRERA-SAS81-PR0811. That Agreement for Sale, and not this one, is the instrument that transfers the Unit; this Agreement adds a separate guarantee of return and does not vary the price, the description or the possession terms of the Unit under it, except as this Agreement expressly states.
B. As an inducement to the Buyer and as part of the commercial terms on which the Unit has been sold, the Developer has agreed to pay the Buyer a guaranteed return for a stated period, calculated as set out below, whether or not the Unit is in fact let out or occupied during that period.
C. The Parties record that a developer's promise of an assured or guaranteed return on a real estate purchase, whatever it is called, carries a regulatory characterisation risk going beyond an ordinary commercial term. Depending on how it is structured and marketed, and in particular on whether it is offered on materially the same terms to other buyers in the Project, such an arrangement is capable of being treated as a Collective Investment Scheme within the meaning of section 11AA of the Securities and Exchange Board of India Act, 1992, or as a deposit within the meaning of the Companies Act, 2013 or the Banning of Unregulated Deposit Schemes Act, 2019. The Parties have entered into this Agreement on the understanding that it is a bilateral arrangement tied to the specific Unit the Buyer has purchased and not, so far as the Parties are aware, part of a pooled scheme; nothing in this Recital or in this Agreement is a representation by either Party as to how a regulator or a court would in fact characterise it, and clause 10 and "what a lawyer should check" record why that question calls for independent advice this Agreement does not give.
D. The Parties intend this Agreement to be read together with, and as collateral to, the Agreement for Sale referred to in Recital A, on the footing recorded in clause 8.
NOW THIS AGREEMENT WITNESSES as follows.
- DEFINITIONS
1.1 "Guaranteed Return" means the sum calculated under clause 3 of this Agreement, as escalated under clause 3.4 where applicable.
1.2 "Guarantee Period" means the period described in clause 4.
1.3 "Persistent Default" has the meaning given in clause 7.2.
1.4 References to a statute are to that statute as amended or re-enacted. Headings do not affect interpretation. The singular includes the plural.
1.5 Authority to sign for the Developer: Resolution of the Board of Directors passed on 2 March 2026, a certified copy of which is annexed, authorising Karanvir Singh Bedi, Director, to execute this Agreement and any security document under it.
- THE UNIT AND THE AGREEMENT FOR SALE
2.1 The unit to which this Agreement relates is described in Schedule I (the "Unit"), being an office unit forming part of Northfield Business Walk at S.A.S. Nagar (Mohali), in the State of Punjab.
2.2 The Total Sale Consideration for the Unit under the Agreement for Sale referred to in Recital A is ₹84,00,000 (Rupees Eighty Four Lakh only).
2.3 This Agreement does not affect the Buyer's rights under the Agreement for Sale, including any right to compensation or interest for delay in possession, and clause 8 states how the two documents relate to each other.
- THE GUARANTEED RETURN
3.1 The Guaranteed Return is a fixed monthly sum, as stated in clause 3.2 below.
3.2 Fixed sum: The Guaranteed Return is ₹58,000 (Rupees Fifty Eight Thousand only) for each month of the Guarantee Period, before any tax required to be deducted at source.
3.4 Escalation: The Guaranteed Return remains fixed for the whole Guarantee Period, with no escalation.
- THE GUARANTEE PERIOD
4.1 The Guarantee Period begins on the earlier of (a) the date the Developer offers possession of the Unit to the Buyer under the Agreement for Sale, and (b) 2 April 2026, and continues for 36 months from that date, subject to clause 9 (End of the Guarantee Period).