Loan Agreement
Loan Agreement
Loan Agreement
This LOAN AGREEMENT made at New Delhi, on this 28 th day of June, 2021 by and
between (“Loan Agreement”):
Princep Trade & Finance Pvt. Ltd. a Non-Banking Financial Institution registered
with Reserve Bank of India incorporated under the relevant provisions of
Companies Act having its registered office at 916, Tower-2, Pearl Omaxe Building,
Netaji Subhash Place, Pitampura, North Delhi, Delhi- 110034, through its director
Shri Rajesh Gupta, authorised by Board Resolution dated 23.06.2021 (hereinafter
referred to as the “Lender” which expression shall, unless it be repugnant to the
subject or context thereof, shall mean and include its successors, transferees and
assigns,) of the First Part.
And
Shri Bhagwan Das Gaur (PAN- ABMPG0377P), s/o Late shri Babulal Gaur, Resident
of Ward No.1, Jagatpur, Kolaras, Shivpuri, Madhya Prasdesh-473770 (hereinafter
referred to as “the Borrower and Guarantor”, which expression shall unless the
context otherwise requires, include heirs, administrators, executors, successors and
permitted assigns, as applicable) of the Second Part.
The Borrower and the Lender shall hereinafter be referred to individually as “Party”
or collectively as “Parties”.
WHEREAS:
1. The Lender is engaged in the business of providing finance to a wide range of
customers.
2. The Borrower has approached the Lender for availing the Loan of INR
10,00,000 (Rupees ten lakh only), as per the Application Form (hereinafter
defined).
3. The Borrower has proposed to create security over the agricultural land of
area 1.61 hactare, Krishi Bhumi Sarvey no. 4, situated at village Padariya,
District Kolaras (“Property”)by executing this Agreement as the principal and
primary instrument for availing of the Loan.
4. Upon the Borrower agreeing to execute this agreement, the Lender has agreed
to grant, and the Borrower has agreed to avail the Loan on the terms and
conditions stated herein below.
For the purposes of this Agreement, unless the context requires otherwise,
the following terms shall have the following meanings:
i. “Application Form” shall mean as the context may permit or require, the
credit facility application form submitted by the Borrower/s to the Lender
for applying for and availing of the Loan, together with the preliminary
credit facility application form and all other information, particulars,
clarifications and declarations, if any, furnished by the Borrower/s or any
other person from time to time in connection with the Loan.
ii. “Additional Interest” shall mean interest levied by the Lender on delay in
payment of the EMI or any other amounts due and payable by the
Borrower to the Lender at the rate as prescribed in this Loan Agreement.
iii. “Borrower” shall mean the person / entity applying for and availing of
the Loan.
iv. “Due Date” shall mean the date(s) on which any amounts in respect of
the outstanding obligations fall.
v. “Effective Date” shall mean the date of the execution of this Agreement.
vi. “Event of Default” shall refer to the events described to be so under
Clause 9 of this Loan Agreement.
vii. “Interest” shall have the meaning ascribed to the term in Clause 3.
viii. “Loan” shall mean the credit facility up to the amount as specified in
Schedule I to be extended by the Lender to the Borrower under the terms
of the Loan Agreement.
xii. “Transaction Documents” shall include all writings and other documents
executed or entered into or to be executed or entered into, by the Borrower
or any other Person, in relation to, or pertaining to the Loan and each such
transaction document as amended from time to time.
1.2 INTERPRETATION
i. Headings are for convenience only and shall not affect the meaning or
interpretation of this Agreement.
ii. All terms and conditions of this Agreement shall be construed in
accordance with the written terms thereof; and if the term or condition be
ambiguous, then in accordance with the intention of the Parties.
iii. A reference to this Agreement or another instrument includes any
variation, novation or replacement of either of them.
iv. References to clauses, schedules and annexes are references to clauses,
schedules and annexes of this Agreement.
v. In the event of any disagreement or dispute between the Lender and the
Borrower regarding the materiality, reasonableness or occurrence of any
matter including any, event, occurrence, circumstance, change, fact,
information, document, authorization, proceeding, act, omission, claims,
breach, default or otherwise, the opinion of the Lender in relation to the
Loan as to the materiality, reasonableness, or occurrence of any of the
foregoing shall be final and binding on the Borrower.
2. LOAN
2.1 Relying upon the statements and representations made by the Borrower in
the Application Form, the Lender hereby agrees to make available to the
Borrower and the Borrower hereby agrees to avail from the Lender, the
Loan of INR 10,00,000 (Rupees ten lakh only)in the manner and on the
terms and conditions mentioned in this Agreement.
2.2 The Loan is granted for the purpose of Personal Loan(“Purpose”).
2.3 The loan tenure shall be 9 months
3. INTEREST
3.1. The Borrower shall be charged interest on the Loan from the date of
disbursal of the Loan at the rate one percent monthly (“Interest”).
3.2. The Lender shall be entitled to revise the rate of Interest at any time and
from time to time as per its policy, market conditions and/or applicable
laws and regulations, if any, during the tenor of the Loan at its sole
discretion. The Lender shall inform the Borrower about the variation in the
rate of Interest in due course.
3.3. The Interest will be calculated on the basis of the rate of interest for the
Loan and rounded off to the next rupee calculated on monthly rests and
any other charges shall be computed on the basis of a year of 360 (Three
Hundred Sixty) days.
3.4. However, in the event of the Borrower intends to foreclose the Loan, the
interest would be calculated upto the date of actual foreclosure.
4. DETAILS OF DISBURSEMENT
4.1. The Lender shall disburse the Loan in one go as mutually decided
between the Borrower and the Lender.
4.2. Disbursement shall be deemed to have been made to the Borrower on the
date of the disbursement by way of cheque or pay order as the case may
be or on the date of setting up of the Loan account limit.
4.3. Interest on the Loan will begin to accrue in favour of the Lender as and
from the date of disbursement of the Loan.
4.4. The decision of the Lender as regards any matter pertaining to
disbursement shall be final, conclusive and binding on the Borrower.
5. REPAYMENT
5.1. The Borrower shall pay in full the Outstanding Obligations without any
demur, protest or default and without claiming any set-off or counterclaim
on the respective Due Dates. No notice, reminder or intimation shall be
given to the Borrower regarding his obligation and responsibility to
ensure prompt and regular payment of the Outstanding Obligations on
the respective Due Dates.
5.2. The repayment of the Outstanding Obligations by the Borrower to the
Lender under the Transaction Documents shall be payable by any of the
following modes: (i) Electronic Clearing System as notified by RBI ii)
Cheque;
5.3. The Lender shall have the right to review and reschedule the repayment
terms of the Outstanding Obligations at any time in such manner and to
such extent as the Lender may in its sole discretion decide. In such an
event, the Borrower shall repay the Outstanding Obligations as per the
revised schedule as communicated to the Borrower by the Lender in
writing.
5.4. The Borrower shall promptly replace the mandates, agreements and/or
other documents and issue fresh mandates, agreements and/or other
documents in lieu thereof to the satisfaction of the Lender in the event of
any variation in the Due Date(s) or amount of EMIs or if the Lender is
facing any difficulty / inconvenience / impediment for any reason
whatsoever in presenting such issuing debit instructions or if required at
any time by the Lender at its sole discretion.
5.5. Irrespective of the mode of payment / repayment selected by the
Borrower in the Application Form, the Lender shall, as it may deem
appropriate and necessary, be entitled to require the payment and/or
collection of the EMI and all other amounts comprising the Outstanding
Obligations, by means of the RBI's electronic clearing system, by itself or
through such other person permitted for the same.
5.6. The Lender may, in its sole discretion, require the Borrower to adopt or
switch to any alternate mode of payment and the Borrower shall comply
with such request, without demur or delay
6. SECURITY
6.1. The Borrower agrees with, and undertakes that the Lender, shall have a
first and exclusive charge over agricultural land of area 1.61 hactare,
Krishi Bhumi Sarvey no. 4, situated at village Padariya, District Kolaras.
(“the Property”) and that the Borrower shall not create any other
encumbrance, charge or security interest in the Property in favour of any
other Person or body, except with the prior written consent of the Lender.
6.2. In the event any of the Securities are found to be insufficient / incorrect in
value, the Borrower shall be directed to furnish additional security as may
be required by the Lender.
6.3. The Securities furnished by the Borrower to the Lender in connection with
the Loan shall be duly perfected and shall remain as continuing securities
to the Lender and the same shall be binding upon the Borrower.
6.4. The Borrower agrees that the Securities shall not be discharged / released
by intermediate payment by the Borrower or any settlement of accounts
by the Borrower till such time the Outstanding Obligations are fully paid
to the satisfaction of the Lender and the Lender consents to give a
discharge / release in respect of the Securities in writing to the Borrower.
6.5. The Securities shall be in addition to and not in derogation of any other
security, which the Lender may at any time hold in respect of the
Borrower's dues and shall be available to the Lender until all accounts
between the Lender and the Borrower in respect of the Loan are ultimately
settled.
6.6. The Borrower further agrees that the Securities shall also be security for all
other monies that may be due and payable by the Borrower to the Lender,
on any account whatsoever, whether present or future, including any
liability of the Borrower as a surety or co-obligator either singly or along
with any other Person.
6.7. The Borrower shall provide to the Lender a power of attorney authorizing
the Lender to do all things necessary to perfect the security created under
the Transaction Documents and do all other things in relation thereto.
7. GUARANTEE
In case the Lender so requires, the Borrower hereby agrees to procure a
guarantee executed by such persons as required by the Lender and in the form
and manner to the satisfaction of the Lender.
8. EVENT OF DEFAULT
The happening of the following events shall constitute an event of default
(“Event of Default”)
i. Any non-compliance by the Borrower and/or the Guarantor(s)of the terms
& conditions of this Agreement or any other agreement entered into in
respect of this Loan or any other financial assistance availed of by the
Borrower from the Lender;
ii. Any breach of this Agreement by the Borrower and/or the Guarantor;
iii. Non-adherence to the Repayment Schedule;
iv. Insolvency, winding up, dissolution of the Borrower / the Guarantor(s)
and inability of the Borrower to repay their debts;
v. Any concealment of any material document or event by the Borrower /
Guarantor(s); Lender Borrower Guarantor (s)
vi. Submission of any forged document by the Borrower / Guarantor(s);
vii. Any other event which in the sole opinion of the Lender would endanger
the repayment of the Loan Amount.
i. The entire Loan Amount along with Interest for the entire period shall
immediately become due and payable, and the Lender shall have the right to
recall the entire loan together with interest for the entire period, the overdue
interest arising on account of default and other Charges, as mentioned in
Schedule 2 hereunder; All charges are payable by the Borrower together with
applicable taxes.
ii. Lender shall be entitled to enforce the Security, if any available;
iii. Lender shall be entitled to proceed against and take any action against the
Borrower and / or the Guarantor(s) in order to realize the Loan Amount
along with Interest, Charges and expenses;
iv. In addition to the rights specified in this Agreement, the Lender shall be
entitled to take all or any action with or without intervention of the Courts to
recover the monies due and payable by the Borrower and/or the Guarantor(s)
under this Agreement.
v. Notwithstanding any other rights available to the Lender under this
Agreement, the Lender shall be entitled to initiate criminal proceeding or any
other appropriate actions against the Borrower and /or the Guarantor(s) if at
any time the Lender at its sole discretion has sufficient grounds to believe that
the Borrower and /or the Guarantor(s) has / have made any
misrepresentations and / or submitted any forged documents or fabricated
data to the Lender.
vi. All rights and powers conferred on the Lender under this Agreement shall be
in addition and supplemental to any rights the Lender has as a creditor
against the Borrower and/or the Guarantor(s) under any law for the time.
15. INDEMNIFICATION
The Borrower and the Guarantor(s) shall indemnify and hold the Lender and its
directors, officers, employees, agents and advisers harmless against losses,
claims, liabilities, or damages which are sustained as a result of any acts, errors,
or omissions of the Borrower and/or the Guarantor(s), their / its respective
employees, agents, or assignees, or for improper performance or non-
performance relating to this Agreement or any other document executed thereof
in pursuance to this Agreement.
16. ASSIGNMENT
The Lender reserves the right to assign / sell / securitize the Loan with or
without security, if any, in any manner by transferring and/or assigning or
otherwise (at the cost of the Borrower) all its right, title and interest which the
Lender deems appropriate and the Borrower hereby expressly agrees that in that
event, the Lender is not required to obtain any permission or put the Borrower to
any notice and the Borrower will recognize the new lender as the new /
additional creditor.
Any notice, demand or other communication under this Agreement and other
documents in pursuance thereof shall be deemed to have been delivered
(i) if delivered in person or by courier, when proof of delivery
is obtained by the delivering party;
(ii) if sent by post within the same country, on the tenth day
following posting and if sent by post to another country, on
the twentieth day following posting;
(iii) if given or made by fax, upon dispatch and the receipt of a
transmission report confirming dispatch above;
(iv) if given or made by email, upon dispatch from the sender
and after it has been delivered to the recipient(s); and
(v) if sent by registered post, within 4 (Four) days of dispatch.
Pursuant to the dispatch of the notice as above, the party sending the notice
shall also email the contents of the entire notice to the receiving party at the
addresses mentioned below:
FOR LENDER:
AT: 916, Tower-2, Pearl Omaxe Building,
Netaji Subhash Place, Pitampura, North Delhi, Delhi- 110034
Contact No.
Email ID:
FOR BORROWER:
Shri Bhagwan Das Gaur s/o
Late shri Babulal Gaur,
Resident at: Ward No.1, Jagatpur, Kolaras,
Shivpuri, Madhya Prasdesh-473770
Contact No.
Email Id:
18. DISCLOSURE
The Borrower hereby agrees as a pre-condition of the Loan given to the
Borrower by the Lender that, the Lender has an unqualified right to disclose
and furnish information regarding the Loan, the Borrower and/or the
guarantor (if a guarantee is provided in relation to the Loan) to any such
person as it may deem fit, including but not limited to the RBI, Credit
Information Bureau (India) Limited and any other agency authorized in this
behalf by the RBI.