Composite Hypothecation Deed: Chautham
Composite Hypothecation Deed: Chautham
TO
(hereinafter called "the Borrower") opening and or continuing in the books of the
Bank a Banking Account or Accounts of the Borrower and from time to time at the
request of the Borrower granted/agreeing to grant advances to the Borrower by way
of all or any of the facilities viz. Cash Credit (Hypothecation), Cash Credit
(Book- Debts), Secured Overdraft, Letter of Guarantee Limit, Packing Credit, Inland
Letter of Credit, Import Letter of Credit, Bill Purchase/Discounting (Foreign/
inland), working Capital Demand Loan, Term Loan etc. (hereinafter collectively
referred to as the "Credit Facilities".) with a total limit of Rs. _________________
50000
(Rupees fifty thousand only ) either individually or
in different combination of limits, more particularly described in the Schedule I
hereto, the Borrower hereby enters into this Agreement.
The Borrower hereby agrees, records and confirms with the Bank as follows:
(b)A firm include its partners of the firm, their respective heirs, executors,
administrators, assigns and/or the surviving partners.
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(d) A joint and undivided Hindu family or a joint family firm include its co-
parceners
(f) A trust, whether public or private, include the trustee or trustees representing
the said trust.
The expression “the Borrower” may include apart from the above a co-operative
society registered under the Co-operative Societies Act, a society registered under
Societies Registration Act or any other appropriate enactment, a Non-Banking Finance
Company or any co-operative or commercial Bank or any other Body or Entity duly
recognized by law.
(a) all the goods, stocks, raw materials, plant, machinery, fixtures, implements,
fittings and other installations, furniture, vehicles, computers and all other articles
and things both present and future, whether installed or not, whether lying loose or in
cases, at site or in transit or which may at any time hereafter during the continuance
of this security be installed or lying loose or in cases or being in or upon or about
the Borrower's factory premises, warehouses and Godowns at
or wherever else the same may be or be held by any party anywhere to the order and
disposition of the Borrower or in the course of transit to the Borrower
(including those goods,
machinery, implements etc. purchased out of the Term Loan sanctioned by the Bank
covered under this Agreement) described in general terms in the schedule hereto (all
of which are hereinafter referred to as “Hypothecated Property” and more
particularly described in the Schedule II A & B)
; AND
(b) all the Borrower’s present and future book debts, outstanding monies,
receivables, claims, bills, contracts, securities, investments, rights, and assets
(hereinafter referred to as the "Book Debts" and more particularly described in
Schedule II C) as security for due repayment to the Bank at any time on demand the
total balance outstanding in the various accounts and in instalments as agreed in
respect of the term loan account along with the interest at the rate hereinafter
provided and all costs (including all costs between Attorney and Client)
commission, charges and expenses incurred by the Bank for the preservation,
protection, defence and perfection of the security or for attempted or actual
realization thereof AND ALSO as security for advances made or which may be made
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to the Borrower or any one or more of them whether alone or jointly on any
account current or otherwise and for any liability on bills discounted or held by the
Bank at the Borrower's request or bearing the Borrower's name and also for any
other liability on the Borrower's part to the Bank incurred or which may be incurred
at the Borrower's request on any account whatsoever and whether as principal
debtor, surety or guarantor, together with interest and all customary charges
thereon.
3.That the credit facilities hereunder granted or continued by the Bank shall be
applied and utilized by the Borrower in the ordinary course and only for the
purpose for which the credit facilities are granted.
4. That all the Hypothecated Property and Book Debts and all sales and
realizations and Insurance proceeds thereof from all or any of them shall be held
by the Borrower in trust for and on account of the Bank as the Bank's exclusive
property especially appropriated to this security and the Borrower shall not create
any charge, lien or encumbrance affecting them or any part thereof or do anything
which would prejudicially affect this security and the Borrower shall not part with
the Hypothecated Property and Book Debts save and except by way of sale in the
ordinary course of the Borrower's business and as hereinafter provided, nor shall
any sale be made after prohibition in writing by the Bank against selling and as
regards the Hypothecated Property in Schedule II A the same shall not be sold or
alienated unless specifically permitted by the Bank.
5. That the Borrower shall be at liberty from time to time to sell or dispose of in any
manner, the Hypothecated Property in Schedule II B or any part thereof in due
course of business PROVIDED the Borrower shall on any such sale on receipt of the
documents or sale proceeds deliver the documents or pay the sale proceeds to the
Bank towards reduction of the Borrower's liability or goods of a similar nature to
those or any of those mentioned in the schedule hereto and of at least equal
value are substituted for the goods so sold or disposed of and the margin
required on the security is fully maintained.
6. That the Borrower shall permit the Bank, their agents and servants from time to
time and at all times to enter upon any godowns or premises wherein the
Hypothecated Property or any part thereof and and/or all records of the Borrower
may for the time being be, and to view, inspect and value the same and make
inventories thereof and render to the Bank and their agents all facilities as may be
required for any of the purposes aforesaid. All costs, charges and expenses
incurred by the Bank or anything incidental to such inspection and valuation,
possession and removal shall be paid by the Borrower to the Bank and if not paid
be debited to the borrower's account which shall attract interest at the rate
hereinafter mentioned. Any such valuation shall be conclusive and binding on the
borrower.
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7. That the Borrower shall at the Borrower’s risk, cost and expenses preserve the
Hypothecated property in good condition and recondition the same from time to
time. The Borrower shall put necessary notice board indicating hypothecation
charge in favour of the Bank over the Hypothecated Property in a conspicuous part
of the godowns/premises where all or any of the Hypothecated Property is
situate/stored/processed. The Borrower shall punctually pay all rents, rates, taxes,
cesses, duties and other outgoing of the factory premises and godown wherein the
Hypothecated Property shall be and keep the Hypothecated Property free from
distress. In default, the Bank may without affecting its rights hereunder or at law
and without being bound to do so pay such rents, rates, taxes, cess, duties and
other outgoings and any such amount paid by the Bank shall be repaid by the
Borrower on demand and in default of such payment the said amount shall be
debited to such account/s of the Borrower as the Bank shall think fit and shall carry
interest at the rate hereinafter mentioned and be a charge on the Hypothecated
Property.
8. (a) That all the Hypothecated Property, which is the subject matter of this
Agreement, shall be insured and kept insured by the Borrower against loss or
damage by fire, theft, robbery, lightening, riot, civil commotion, malicious
damages, strikes and/or any other risk as the Borrower may think necessary or
as may be required by the Bank in its discretion in the joint name of the
Borrower and the Bank with an Insurance Company/Companies approved by the
Bank to the extent of at least 10% in excess of actual value of the
Hypothecated Property and the Borrower shall punctually pay the premium due
for such insurance and that the cover note/s or the insurance
policy/policies or certificate/s or copies thereof shall be delivered to the
Bank.
(b) If the Borrower fails to effect such insurance the Bank may, but without being
bound to do so insure the hypothecated Property against any one or more the
aforesaid risks as may be deemed necessary by the Bank in its discretion in such
joint names and any premium and other charges paid by the Bank shall be paid
by the Borrower and until payment is received the said amount shall be debited
to such account of the Borrower as aforesaid as the case may be and until
repayment interest at the rate hereinafter mentioned shall be charged on the
said amount.
(d) All sums of money recovered or received under the last preceding clause may at
the discretion of the Bank be applied either towards
repairing/replacing/reinstating
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(e) the Hypothecated Property or be applied towards the liquidation and
satisfaction of the balance due to the Bank and if any part of the insurance
moneys shall remain in the hands of the Bank after such application as
aforesaid, the Bank shall be entitled to apply the same towards any other
sum/sums of money which may be due and owing by the Borrower to the Bank
on any other account whatsoever. If after settlement of all claims of the Bank
against the Borrower any surplus remains, such surplus shall remain at the
disposal of the Borrower but if the sum or sums of money realized from the
insurance be insufficient to cover the balance due to the Bank and other moneys
due to the Bank as aforesaid the Borrower agrees forthwith to repay to the Bank
the deficiency on demand.
(f) The Bank shall be entitled to adjust, settle, compromise or refer to arbitration
any dispute between the insurance company and the Borrower arising
under or in connection with the insurance policy and such adjustment,
settlement, compromise and any award made on such arbitration shall be valid
and binding on the Borrower. The Borrower shall as and when called upon by the
Bank give all necessary assistance necessary to enable the Bank to recover the
amount of insurance claim.
(g) The Borrower shall not at any time raise any question that a larger sum
might or ought to have been received under such settlement, compromise
or award as the case may be or be entitled to dispute its liability for the
balance remaining due to the Bank.
9. (a) Subject to Clause 9(c) below the Borrower shall pay interest to the Bank in
respect of the said Credit Facilities from time to time on the outstanding in their
respective credit facility accounts at the respective rate/s as contained in the
sanction advice forming part of the Schedule I hereunder written PROVIDED
HOWEVER the Bank shall at any time or from time to time be entitled to change or
vary the rate of interest in respect of any one or every facility. Notice of variation
of rate of interest from time to time as per the directions of the Reserve Bank of
India/or as per interest Rate fixed by the Bank is waived. Such variation in the
rate notified in the Notice Board in the Bank premises shall be sufficient notice to
the Borrower and Borrower agrees to pay interest at the rate notified in the notice
board from time to time until all dues are cleared in full. Provided further that the
interest payable by the Borrower shall be subject to the change in interest Rate of
the Bank from time to time as determined and/or interest that may be
levied/prescribed by the Bank and/or RBI from time to time and this Deed shall be
construed as if such revised rate/s of interest were already mentioned in the said
Schedule and agreed to be paid by the Borrower and hereby secured. The Bank
shall be entitled to demand payment of interest for the time being due or other
amounts payable by the Borrower under these Presents without at the same time
demanding payment of the balance due to the Bank inclusive of such interest or
other amounts.
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(b) Interest payable at the rate/s aforesaid shall be calculated on the daily debit
balance in cash credit, current account, Term Loan and other Credit
Facility/account(s) and charged accordingly in the said account(s) of each month or
quarter or half-year as the Bank may decide, provided however the Borrower shall
also be bound to pay the interest accrued in the respective accounts as per terms
of this Agreement but not actually debited to the respective accounts.
(c) In the event of the Borrower not paying any amount due on account of interest,
fees, costs, charge and expenses payable from time to time under these presents
the Bank shall be at its discretion entitled to debit or charge such amount(s) to any
of the Credit Facility account(s) namely the Overdraft Account, Cash Credit
Account, Current Account or any other account of the Borrower. Any amount(s) so
debited to the overdraft account, cash credit account, current account or any other
account of the Borrower with the Bank shall form part of the account(s) to which
such amount(s) is/are debited and shall carry interest at the rate or rates in force
at the relevant time applicable to the account(s) to which the amount(s) is/are so
debited.
(d) The Borrower agrees to pay and shall pay to the Bank commission, fees on the bills
of exchange accepted/agreed to be accepted/discounted within the specified
limits and the guarantees issued/agreed to be issued/letters of Credit opened/to
be opened and deposit/keep deposited with the Bank margin money at such rate
or rates as the Bank may specify from time to time and the Borrower further
understands that the rate/s of commission shall also vary from time to time
depending on the directives of FEDAI and the rate/s so specified shall be deemed
to be the rate/s expressly agreed to by the Borrower and as if mentioned in these
Presents and the security hereby created shall be deemed to be securities
created for securing such bills of exchange from time to time within the specified
limit as mentioned in the sanction letter.
10. (A) In the event of one or more of the following events occurring, viz.,
i. If the Borrower makes default in payment on demand of the balance due to the
Bank, the payment whereof is hereby secured or in the performance or
observance of any term or undertaking contained in this Agreement and on the
part of the Borrower to be observed and performed;
ii. If any of the representations made by the Borrower in the application for
granting Credit Facilities is found to be untrue or false.
iii. If the Borrower commits default in repayment of any instalment of the principal
or interest in the Term Loan
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iv. If an Order is made or a resolution passed for the winding up of the Borrower or
a Petition for such winding up is filed or notice of a meeting to pass such a
resolution issued;
vi. If the Borrower being a partnership firm is dissolved or a notice for dissolution is
issued and/or any of its partner or partners is/are adjudicated insolvent;
viii. If a Receiver is appointed of the Borrower of all or any part of the property of
the Borrower;
xi. If any circumstances shall occur which in the opinion of the Bank is prejudicial
or imperils or is likely to prejudice or imperil the security of the Bank
the entire loan/advance outstanding under the Credit Facilities shall forthwith
become payable and the Bank shall be at liberty to recall the entire credit facilities
and/or to realize the security hereby created. (The Bank shall be the sole judge to
determine whether any of the event stated above has actually occurred or not and
the Bank may at its full discretion decide either to recall the advances or to enforce
the securities or to continue the Credit facilities after the occurrence of such event)
(B) That on the happening of any of the event above stated above, if the Bank decides
for realization of security, the Bank’s Official/s or any person authorized by the
Bank may at any time/s, enter the premises or place where the Hypothecated
Property may be and take & retain possession of the Hypothecated property and
seize and recover or remove the Hypothecated Property to any place or places as
the Bank shall think fit with or without notice to the Borrower and for those
purpose or any of them break open any place/s where the Hypothecated Property
may be installed, lying or stored. The Borrower shall on being required by the Bank
take all steps necessary to give to the Bank or its nominee/s possession and control
of the Hypothecated Property and for that purpose the Borrower shall endorse or
deliver to the Bank all documents and do all such acts and things as may be
required by the Bank.
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(C) After the Bank shall have taken possession of, seized and/or removed the
Hypothecated Property as aforesaid, the Borrower shall from time to time on
demand by the Bank forthwith pay all rents chargeable in respect of any
place or places of storage where the Hypothecated Property shall have been
stored, salary and wages of watchmen, peons or any other persons employed by
the Bank and all other charges, costs and expenses incurred or paid or chargeable
by the Bank in the exercise of and give effect to the powers vested in the Bank.
(D) The Hypothecated Property thus taken possession of or any part thereof may be
sold by public auction or private treaty and/or otherwise disposed of as the Bank
may deem fit. The Bank shall be entitled to deduct and appropriate from the sale
proceeds all or any expenses incurred or paid or chargeable in connection with the
exercise of the powers of the Bank and the Bank will be entitled to appropriate the
net sale proceeds towards the balance due to the Bank under this agreement and
the Bank shall also be at liberty to enforce, realise, settle, compromise, deal with
any of the rights aforesaid without being bound to exercise any of the powers or
being liable for any loss incurred in the exercise thereof and without prejudice to
the Bank's rights and remedies of suit or otherwise against the Borrower and the
Borrower hereby agrees to sign all such documents, furnish all such information,
deliver all relative documents and do all such acts and things as may be required
by the Bank for enabling or facilitating any such sale or realization of or dealing
with the Hypothecated Property or any rights as aforesaid and the Borrower
hereby further agrees to accept the Bank's account of realisation and to pay any
shortfall or deficiency therein shown.
11. That if the net sum realised by such sale be insufficient to cover the balance
then due to the Bank, the Bank shall be at liberty to apply any other money or
monies in the hands of the Bank standing to the credit of or belonging to the
Borrower in or towards payment of the balance for the time being due to the
Bank and in the event of there not being any such money or monies as aforesaid
in the hands of the bank or in the event of such money or monies being still
insufficient for the discharge in full of such balance the Borrower promises and
agrees forthwith, on production of an account prepared and signed as hereinafter
provided, to pay any further balance which may appear to be due by the Borrower
thereon PROVIDED ALWAYS that nothing herein contained shall be deemed to
negative, qualify or otherwise prejudicially affect the right of the Bank (which it
is hereby expressly agreed the Bank shall have) to recover from the Borrower the
balance for the time being remaining due from the Borrower to the Bank upon
the said Account or Accounts notwithstanding that all or any of the said
Hypothecated Property may not have been realised for any reason whatsoever.
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12. That in the event of there being a surplus available of the net proceeds of such
sale after payment in full of the balance due to the Bank it shall be lawful for the
Bank to retain and apply the said surplus together with any other money or
monies belonging to the Borrower for the time being in the hands of the Bank in
or under whatever account as far as the same shall extend against in or towards
payment or liquidation of any and all other monies which shall be or may become
due from the Borrower whether solely or jointly with any other person or
persons, firm or company to the Bank by way of Loans, Discounted Bills, letter of
Credit, Guarantees, charges or of any other debt or liability including Bills,
Notes, Credits and other obligations current though not then due or payable or
other demands, legal or equitable which the Bank may have against the Borrower
whether the Borrower shall become or be adjudicated bankrupt or insolvent or be
in liquidation or otherwise, and interest thereon from the date on which any
advance/advances in respect thereof shall have been made at the rate or
respective rates at which the same shall have been so advanced.
13. Without prejudice to the provisions contained in Clause 10 above, the Bank shall
be entitled to appoint any Receiver, Manager or other person to exercise all or
any of the powers hereby vested in the Bank with reference to the security
hereby created and shall be entitled to recover and receive from the Borrower
the remuneration and/or alternatively charges of such Receiver, Manager or other
person. The Bank shall not be liable and shall be entitled to be indemnified and
kept indemnified by the Borrower for and in respect of all acts, defaults,
negligence and mistakes (whether arising in the usual course of business or
otherwise of any such Receiver, Manager or person) and all losses, claims,
demands, suits, proceedings, costs, charges and expenses sustained or made in
respect thereof.
14. That the Borrower agrees to accept as conclusive proof the correctness of any
sum claimed to be due from the Borrower to the Bank under this Deed
statement of account made out from the books of the Bank and signed by the
accountant or other duly authorised officer of the Bank without the production
of any other voucher, document or paper. The Borrower also agrees to repay the
amount accrued but not debited to the account/s.
15. That this Agreement is to operate as continuing security for the ultimate balance
or aggregate balances with interest thereon to become payable upon the said
account or accounts as aforesaid and the said account or accounts is/are not to
be considered to be closed for the purpose of this security and the security is not
to be considered exhausted merely by reason of the said account or accounts
or either or any of them being brought to credit at any time or from time to time
or of the Borrower having drawn to the full extent of the limits granted for
respective accounts if afterwards an account or accounts is/are reopened by a
payment to credit, and if the whole of term loan or the whole the Bank's advances
shall be repaid and the whole of the security be withdrawn the account or
accounts or either or any of them may nevertheless at any time before such
account or accounts has or have been closed be continued under this Agreement
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upon security as aforesaid being again furnished.
16. That the Borrower hereby declares that all the Hypothecated Property are the
absolute property of the Borrower at the sole disposal of the Borrower and free
from any prior charge or encumbrance and that all future goods and property
hereunder shall be likewise their unencumbered property and that the Borrower
has not done or knowingly suffered or been a party or privy to anything whereby
he is anyway prevented from hypothecating the hypothecated goods in the
manner aforesaid and assuring the hypothecated goods or any part thereof in
favour of the Bank as shall be required by the Bank and/or their officer/s,
attorney/s for and in the name of the Borrower to act on behalf of the Borrower
and to execute and do any act, assurance and things which the Borrower ought to
execute and do under these Presents and generally to do all the acts in the name
of the Borrower in exercise of the powers hereby conferred.
17. That the Borrower shall not during the continuance of this Agreement
hypothecate or otherwise charge or encumber any of the hypothecated goods
over which the lien of the Bank shall extend or be expressed or intended to
extend to others nor do or permit any act whereby the security hereinbefore
expressed to be given to the Bank shall be in any way prejudicially affected, and
that the Borrower shall not open any other Bank Account or avail credit facility
from any other Bank/institution without the express written consent of the Bank.
18. No changes whatsoever that may take place in the constitution of the Borrower or
Bank (Whether by amalgamation or otherwise) shall impair or discharge the
liability of the Borrower hereunder.
19. Without prejudice to the general terms and conditions in this Agreement, the
Borrower hereby consents interalia for the specific terms with regard to the Cash
Credit (hypothecation) of goods as under:
(a) That the Borrower shall submit stock statement to the Bank at regular
intervals as stipulated by the Bank and also to maintain stipulated margin.
(b) that the hypothecated stock shall be sold or disposed of in such a manner
that the advance value of the goods is paid to the Bank towards reduction of
the Borrower’s liability or goods of similar nature is substituted for the goods
to be disposed of.
20. As regards the Cash Credit (Book Debts) facility, the Borrower interalia (without
prejudice to the general terms) agrees to the following terms:
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(a) The Borrower shall submit a statement of Book debts on a monthly basis or at
such other intervals as advised by the Bank
(b) The Borrower shall endeavor to follow up with the debtors to enable the bank
to obtain the payment of the debts on their respective due dates
(c) The Borrower shall not release or compound any of the said debts without the
consent in writing of the Bank and will not do anything impeding recovery of
the debts by the Bank
(d) The Borrower hereby appoints the Bank as its agent or Attorney in its name
and on its behalf on demand, sue for, recover and give effectual discharges for
all or any of the book debts hereby hypothecated to the Bank and for that
purpose to file suits, to declare plaints, make affidavits, to employ advocates,
to compromise and do all other acts and things as could have been done by the
Borrower for the recovery of the debts.
21. Without prejudice to the general terms and conditions in this Agreement, the
Borrower agrees to interalia on the following specific terms and conditions with
regard to the Packing Credit facility:
(a) That the Borrower shall produce necessary confirmed export orders/Letters of
Credit as the case may be against which only the Bank would grant this facility.
(b) That the amount advanced shall be exclusively used for purchase of goods
meant for export/processing/packing/transportation/shipping etc. of the
goods meant for export.
(c) That the stock under this facility shall be kept separately from other
stock/goods.
(d) That immediately on shipment, the Borrower shall submit the Bills of
Exchange, Bills of Lading, invoices etc. required for negotiation of Bills and/or
required under the Letters of Credit
(e) That the Borrower shall produce to the Bank necessary permissions, licenses
or other documents required by law necessary for foreign trade transactions.
(f) That the amounts under this facility shall be covered by the Bank at its
discretion under the Whole Turnover Guarantee policy or any other policy of
the Export Credit Guarantee Corporation and all related expenses shall be
debited to the Borrower’s Account.
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(g) That the Borrower shall have to pay overdue interest as prescribed by the Bank
from time to time if the Borrower fails to ship the goods and/or hand over the
shipping documents within the time stipulated by the Bank/RBI from time to
time.
22. As regards the other limits without prejudice to the general terms and conditions,
the Borrower agrees interalia as follows:
(a) In terms of the Letter of Guarantee Limit, the Bank is authorized to issue as
many Letters of Guarantee to those beneficiaries as the Bank may deem fit,
at its discretion, subject to compliance by the Borrower of the Bank’s
stipulations from time to time with regard to the margin, security, payment
of commission etc. On invocation of the guarantee/s the Borrower shall
provide the funds required less the margin to enable the Bank to effect the
payment of the Guarantee/s. The Borrower further agrees that the Borrower
shall arrange to collect and return the Original Guarantee deeds in respect of
expired Guarantees soon after the validity period of the said Guarantees
expired and also comply with all the rules/practices of the Bank with respect
of Letter of Guarantee facility. Until the original letters of Guarantee are
returned or till the Borrower produces discharge letters in respect of expired
Guarantees, the Bank shall be entitled to retain the Bank’s charge over the
Hypothecated Property.
(b) As regards the Letter of Credit facility, the Borrower hereby agrees to comply
with all the rules/practices of the Bank with regard to the Letter of Credit
facility and also the guidelines of Reserve Bank of India and FEDAI with regard
to payment of interest, commission charges, etc. Borrower also agrees to
comply with necessary formalities such as Import License, necessary
permissions as required by Foreign Exchange Management Act etc. and that
the Borrower shall execute necessary documents required by the Bank for
opening Letter of Credits in each individual case
(d) As regards the Term Loan/Working Capital Term Loan facility, it is hereby
agreed that the Borrower shall execute separate Loan Agreement or any
other document as may be stipulated by the Bank, notwithstanding creation
of charge over the goods/Machinery/plant/implements, if any purchased out
of such Term Loan being covered by these Presents.
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23. In the event of default as specified in Clause 10 above, the Bank shall without
prejudice to other rights available to the Bank shall also at its discretion in
exercise of its right of set off appropriate any deposits standing to the credit of
the Borrower either singly or jointly towards the dues of the Bank in respect of
the Credit Facilities under this Deed. The Bank shall also have a right of general
lien on any of the securities in the custody of the Bank other than those available
under this Deed and those items in safe custody standing in the name of the
Borrower.
24. Delay in exercising or omission to exercise any right, power or remedy accruing to
the Bank or its representatives/agents, upon any default under this Deed shall not
impair any of the Bank’s rights/remedies/powers nor shall be construed to be a
waiver thereof or any acquiescence in such default nor shall the action or inaction
of the Bank in respect of any default, affect or impair any right/power or remedy
of the Bank in respect of any other default.
25. It is hereby further agreed by the Borrower that the sanctioning letter/s issued by
the Bank sanctioning the Credit Facilities shall always be deemed to form part of
this Deed and be deemed to be incorporated herein provided in the event of any
conflict between such sanction letter/s and these presents the provision
contained in this Deed shall prevail and take precedence.
26. The Borrower further agrees that if the advance is eligible for the cover of the
Credit Guarantee Fund Scheme formulated by Small Industries Development Bank
of India or any other such Scheme formulated by Government of India, the
Borrower agrees to pay the guarantee fee and annual service fee thereon and in
the absence of such payment Bank may debit the current or cash credit account
of the Borrower for the said amount/s and it is further agreed that such
payment/debit shall not reduce the liability of the Borrower under these
Presents.
27. The Borrower hereby further agrees that in case the Borrower commits default in
the repayment of the credit facilities in the repayment of interest thereon on due
date/s, the Bank and/of Reserve Bank of India will have an unqualified right to
disclose or publish the name of the Borrower or its Directors/partners/proprietor
as defaulter in such manner and through such medium as the Bank or Reserve
Bank of India in their absolute discretion may think fit. The Bank may as well
provide information about the advances to Reserve Bank of India, enforcement
Directorate, Export Credit Guarantee Corporation or any other Statutory
Authorities as may be deemed necessary.
28. Any notice or demand to be given or made to Borrower shall be deemed to have
been duly given or made if addressed to the Borrower or any of the individuals
constituting the Borrower personally or may be left at the last known place of
business or residence of the Borrower or may be sent by post to the Borrower or
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29. any of such individuals as aforesaid and if sent by post such notice shall be
deemed to have been given at the time when it would be delivered in due course
of post and in proving such notice when given by post it shall be sufficient to
prove the envelope containing the notice so posted and a certificate signed by the
Bank's Manager or agent that the envelope was so posted shall be conclusive.
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SCHEDU
LE II
II. (A) All tangible movable machineries, plant , machinery fixtures, fittings,
other installations, cranes, furniture, computers & other accessories,
vehicles together with spares, tools and accessories and all other articles
lying on the premises
(B) The whole of the Borrower's movable goods and assets, both present and
future and including but without prejudice to generality of the
foregoing words, all stocks of rawmaterials, work-in-progress,
semi-finished goods and finished goods such as
packing materials, consumable stores & spares etc. whatsoever
and wheresoever situate and/or in transit whether now belonging to or
that may at any time during the continuance of this security belong to the
Borrower or that may be held by any party anywhere to the order
and disposition of the Borrower.
IN WITNESS WHEREOF the Borrower has hereunto put his hand and seal
this
9 day of MARCH 20 24 at __________________________.
Delhi
To
Name of Borrower Raj Kumar
Address SO RAMBHADUR PANDIT AT NABTOLIA SARIYA CHAUTHA KHAGARIA BIHAR 851201
Dear Sir,
SANCTION LETTER
With reference to your request seeking for Shishu Mudra Loan followed by submission of requisite details
through online mode, we have pleasure in conveying the sanction of loan amount of Rs. 50000 _
(Rupees in words fifty thousand only )
in your favour on terms & conditions mentioned hereunder:
Nature of facility SHISHU MUDRA LOAN
Purpose / Working capital requirements /
Nature of Business Services
Rate of interest EBLR+1.50% Presently 10.75%
Documentation charges & Rs. 950 + GST & actual stamp duty
convenience fee
Moratorium Nil
Repayable in 36 EMIs commencing from 31/03/2024
EMI Rs. 1631
Security Hypothecation of stock, book debts & other assets both present and
future created / purchased out of bank finance. Value of security to the
extent of loan outstanding to be maintained during the tenure of loan.
Penal interest 2.00 %
Documents Application form, Consent letter for CIBIL, Composite Hypothecation
deed along with this sanction letter to be executed by borrower through
aadhaar based e-sign
Other charges CGTMSE charges & Insurance charges as applicable to be paid by
borrower as & when debited to the account.
1. Interest rates are subject to changes from time to time as per our bank’s policy or changes in EBLR.
2. If the loans are not repaid on the due dates, they will be considered as irregular advances and penal
interest as applicable would be charged thereon.
Kindly acknowledge the above terms & conditions and confirm your acceptance.
(This is a system generated letter and need not be signed by bank)
I have read the aforesaid terms & conditions in full, accept the same and give an irrevocable
undertaking as under:
I hereby authorize the bank to debit my savings account 380702010022261 towards
recovery of monthly EMI until the loan is repaid in full.
I undertake not to transfer/divert the funds of this unit in whatsoever manner to any concern,
business etc without prior approval of the Bank. Bank shall be at liberty to examine from the angle of
fraud in line with RBI guidelines.
I undertake that that not to raise any further loan/advance from any other branch of Union Bank of
India under the similar scheme till full repayment of loan.
I undertake that till such time as my liability to the Bank is outstanding, I will not create any charge in
any manner whatsoever so as to prejudice the security created/to be created in your favour.
Photo
Union Bank
of India
(Signature across photo)
Application Form for Loan under Pradhan Mantri Mudra Yojana (PMMY )
(For Loan upto t 50,000/- under Shishu)
Name of Bank & Branch from where Loan is required----------------------------
CHAUTHAM AT & PO-CHAUTHAMDIST-CHAUTHAM
1 hereby apply for Cash Credit / Over Draft / Term Loan oft ______________
50000 for ___________
Business Address
Rented/Owned ✔
GMJG+5W, CHAUTHAM, BIHAR 851201, INDIA
If Minority(✓) Buddhists
I Muslims Christians
I Sikhs Jains
I Zoroastrians
I Others I
Loan Amount Required CC / OD -t Term Loan -t 50000
Detail of Existing Account(s), if any
I/We hereby certify that all information furnished by me/us is true, correct and complete. I/We have no borrowing arrangements for the unit
Declaration:
except as indicated in the application form. I/We have not applied to any Bank. There is/are no overdue/statutory due owed by me/us. I/We
shall furnish all other information that may be required by Bank in connection with my/our application. The information may also be
exchanged by you with any agency you may deem fit. You, your representatives or Reserve Bank of India or MUDRA Ltd., or any other
agency as authorised by you, may at any time, inspect/ verify my/our assets, books of accounts etc. in our factory/business premises as
given above. You may take appropriate safeguards/action for recovery of bank's dues.
Date: ---------
09/03/2024
Place: ________
Delhi _
Date: _________
Place: _________
Authorized Signatory (Branch Seal and Sign)
----------------------Cut here----------------------
Acknowledgment slip no. ____________________ for loan application under PMMY (Applicant's copy)
Received with thanks from Sh.lSmt. loan application dated ____ for t _____
Date: ---------
Place: _________
Authorized Signatory (Branch Seal and Sign)
Undertaking for disclosure to CIBIL from borrower
Place: Delhi
Date : 09/03/2024
Accordingly I/We, hereby agree and give consent for the disclosure by Union Bank of India of
all or any such;
As the Union Bank of India may deem appropriate and necessary, to disclose and furnish to
Credit Information Bureau (India) Ltd. And any other agency authorized in this behalf by RBI.
I/We declare that the information and data furnished by me/us to the Union Bank of India
are true and correct.
D) the Credit Information Bureau (india) Ltd, and any other agency so authorized
may use, process the said information and data disclosed by the bank in the
manner as deemed fit by them: and
E) the Credit Information Bureau (india) Ltd, and any other agency so authorized
may furnish for consideration, the processed information and data or products
thereof prepared by them, to banks/financial institutions and other credit
guarantors or registered users, as may be specified by the Reserve Bank of in this
behalf.
Core banking
Father Name
Mother Name
SO RAMBHADUR PANDIT KHA BHR 851201
Residence Address
PAN
Aadhar
Communication Address
GST
GST Number
Business Address
Type of Activity
Registration Date
Udyog Aadhaar
Business Address
Type of Activity
Registration Date