E-Stamp: Government of Rajasthan
E-Stamp: Government of Rajasthan
E-Stamp: Government of Rajasthan
Certificate No IN-RJ00852414458797V
Surcharge Infra 98
Surcharge Calamities 98
ARTICLE 5(D) LOAN AGREEMENT
Description of Doc.
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Certificate Number: IN-RJ00852414458797V
THIS AGREEMENT is made and executed at the place and date stated in the Schedule
Between
IndusInd Bank Limited, a Banking Company incorporated and having its Registered Office at 2401, Gen. Thimmayya
Road,Cantonment, Pune - 411001 and Corporate Office at 8th Floor, Tower 1, One Indiabulls Centre, 841, Senapati Bapat
Marg,Elphinstone Road (W), Mumbai – 400 013 and having one of its office at IndusInd Bank Ltd (Personal Loans Division), Plot No.
57, Road No. 17, PNA House, 3rd Floor, MIDC, Andheri (E), Mumbai - 400 093 and acting through its Branch stated in the Schedule
hereto and hereinafter referred to as “the Bank” (which expression shall unless the context otherwise requires,include its successors
and assigns) of the ONE PART
AND
The Borrower, an Indian inhabitant, whose name and address is stated in the Schedule hereto and hereinafter referred to as “the
Borrower” (which expression shall unless the context otherwise requires, include his/her heirs, executors and administrators) of the
OTHER PART.
Whereas the Borrower has requested the Bank to provide the Borrower a Personal Loan through online and the Bank has agreed to
provide such a loan to the Borrower on the terms and conditions set out hereinafter.
Bank and the Borrower are collectively referred to as Parties and individually as Party.
NOW THEREFORE THIS AGREEMENT WITNESSETH AND THE PARTIES HERETO AGREE AS FOLLOWS:
1.1 In this Agreement, the following capitalized words shall have the following meanings: “BRANCH” means the branch of the Bank
situated at the place mentioned in the Schedule hereto through which the Personal Loan is disbursed and shall include any other
branch where the Personal Loan account is maintained or transferred to anytime at the sole discretion of the Bank
“EQUATED MONTHLY INSTALLMENT” or “EMI” shall mean the amount payable every month on such date/s specified in the
Schedule for the term of the Personal Loan by the Borrower to the Bank to amortize the Personal Loan comprising interest and
principal, or as the case maybe, only principal or interest
“INTEREST RATE” means the rate at which the Bank shall compute and apply interest on the Personal Loan, as stated in the
Schedule or as maybe amended from time to time by the Bank
“DEFAULT INTEREST RATE” means the rate as stated in the Schedule or as maybe amended by the Bank from time to time at
which the Bank shall compute and apply interest on all amounts not paid when due for payment or reimbursement by the Borrower to
the Bank
“PERSONAL LOAN” means the principal amount of Loan sanctioned and disbursed by the Bank to the Borrower (as specified in the
Schedule) in terms of this Agreement and shall include dues outstanding there under including interests, costs, charges, expenses
and all other amounts due in accordance with this Agreement if the context so requires.
“Prepayment” means premature repayment of the Personal Loan in full by the Borrower ahead of the repayment tenor specified in
the Schedule.
“Prepayment Charges” means charges levied by Bank for prepayment as specified in the Schedule
“Purpose of Personal Loan” means that the Personal Loan has been availed by the Borrower for the purpose as stated in the
Schedule hereto.
“Repayment” means the repayment of the principal amount of loan, interest thereon and/or any charges, premiums, expenses, fees
or other dues payable in terms of this Agreement;
“Schedule” means the Schedules to this Agreement. Signature Not Verified
Digitally signed by ANIL ANIL
Date: 2023.07.10 23:25:12 IST
Reason: Agreement Executed
Location: Rajasthan
Certificate Number: IN-RJ00852414458797V
1.2 In this Agreement, singular shall include plural and the masculine gender, the feminine or neuter gender
1.3 Any expressions not defined herein, if defined within the General Clauses Act, 1897, shall carry the same meaning as assigned
to it under the said Act.
1.4 In this Agreement, headings are for convenience only and shall not affect interpretation except to the extent that the context
otherwise requires.
1.5 Any reference to Article, Clause or Schedule shall be deemed to be a reference to an Article, Clause or Schedule of this
Agreement.
1.6 Any reference to any enactment or statutory provision is a reference to it as it may have been, or may from time to time be
amended, modified, consolidated or re-enacted.
1.7 The arrangement of Clauses in this Agreement shall have no bearing on their interpretation.
3 Mode of Disbursement
3.1 The Bank shall disburse the Personal Loan in the manner given in the Schedule hereto. The Bank shall credit the Personal Loan
amount directly to the designated Bank account, details provided in the Schedule in the name of the Borrower to be held with the
Bank itself or with any other bank or such bank to which Electronic Debit Instructions are given as specified in clause 5.4 hereinafter
(“Personal Loan Account”). In the alternative, the Bank may, at the request of the Borrower, disburse the loan by issuing Pay Order
drawn in favour of the Borrower.
4.7 in the event the Borrower holds a Liability Accounts, either singly or jointly, with the Bank, the Bank shall be entitled to debit the
liability account or effect premature payment of fixed deposits for recovery of all other amounts due and payable by the Borrower
under this Agreement (including but not limited to Interest Tax, Fees, Charges, Stamp Duty, costs and such other charges specified in
the Schedule) to the Borrower’s Personal Loan account, if the Borrowers fails to make payments to the Bank in accordance with the
Amortization Schedule of the Personal Loan.
4.8 All amounts in default for payment (i.e. not paid by the Borrower when due to the Bank) including arrears of EMI, interests, fees,
charges, taxes and costs will attract Default Interest at the rate / amount (s) specified in the Schedule.
4.9 The Borrower is aware that the Schedule hereto is not exhaustive and can be changed and fresh/new charges can be added to,
anytime and from time to time, at the sole and absolute discretion of the Bank and such charges shall be binding on the Borrower.
5 Repayment Prepayment
On demand, Borrower, unconditionally, promises to pay IndusInd Bank Limited, or order, the sum of Rupees outstanding together
with interest thereon at 15.50% p.a. or such MCLR or other rate which the Bank may fix from time to time in accordance with the
directives of the Reserve Bank of India or policy decision of the Bank, for value received. The Personal Loan (including the principal,
interest thereon and any other charges, premiums, fees, taxes, levies or other dues payable by the Borrower to the Bank in terms of
this Agreement) shall be repayable by the Borrower to the Bank:
5.1.1 at the Branch (or at any other branch of Bank or at any other place as maybe notified by the Bank);
5.1.2 by way of EMI as mentioned in the Schedule towards repayment of principal and interest; and
5.1.3 by separate repayments:
5.1.3.1 towards repayment of default interests, fees, charges, taxes, claims, costs and expenses or
5.1.3.2 towards repayment of interest tax as maybe notified by the Bank to the Borrower
5.2 The EMI amount shall be arrived at so as to comprise repayment of principal and payment of interest calculated on the basis of
the interest rate, periodicity of compounding, periodicity of repayment, periodicity of effecting credits in the account so as to aim
repayment of the entire liability under the Personal Loan at the end of its tenor and the Borrower agrees to continue paying EMls until
all amounts due under the Personal Loan have been repaid in full to the Bank.
5.3 The Borrower shall provide to the Bank, such number and amount of Post-dated Cheques (PDCs), drawn in the name of the
Bank, as the Bank may intimate to the Borrower, from time to time, with respect to the Personal Loan. The Borrower agrees that in
the event any PDCs are lost, stolen, mutilated or destroyed or become void owing to any other reason whatsoever, the Borrower shall
replace such PDCs by handing over fresh PDCs to the Bank
5.4 The Borrower may provide Electronic Debit Instructions (“EDI”) to the Bank itself or to such other Bank in which the Borrower
maintains his account, with respect to the Borrower’s Account Personal Loan Account (which are popularly known as “Standing
Instructions”) / NACH Mandate / e-Mandate for payment of all EMIs that are payable by the Borrower to the Bank in accordance with
this Agreement and the Schedule hereto. For such purpose, the Borrower shall sign and execute all documents/ applications and
provide all such information/documents as maybe required for effecting EDI by the Bank or such other bank in which the Borrower
maintains his account.
5.5 No notice, reminder or intimation will be given to the Borrower regarding his/her obligation to pay the EMI regularly on each due
date. It shall entirely be his/her responsibility to ensure prompt and timely payment to the Bank. Any delay or default in payment of
any EMI shall make the Borrower liable to pay to the Bank, interest at the Default Interest Rate (for the period of such default) as
mentioned in the Schedule, besides constituting a default, thereby making all sums under this Agreement due and payable to the
Bank forthwith.
5.6 EMIs maybe either fixed or growing; in case of growing EMIs, the indicated EMI shall be the EMI for the first repayment. In case
of growing EMI, Bank shall inform the Borrower about growing EMI at the time of sanction and first disbursal or it may be
communicated subsequently. Accordingly, Borrower shall be liable to pay growing EMI and shall substitute NACH Mandate/
e-Mandate/ the PDCs or the Standing Instructions, as the case may be.
5.7 The Borrower shall be entitled to prepay the Personal Loan, fully, as per the rules of the Bank, including payment of Prepayment
Charges, for the time being in force in that regard after paying at least the number of EMI’s as mentioned in schedule of charges. It is
clarified that the Borrower shall not be entitled for part prepayment of loan during the tenure of the loan
5.8 The Bank reserves the right to represent failed NACH Mandate/ eMandate/ PDC/ and similarly re-attempt recovery of amounts
overdue through debit to existing account. In case of Standing Instructions, Bank would recover funds to the extent they are available
in
Signature Not Verified
Digitally signed by ANIL ANIL
Date: 2023.07.10 23:25:12 IST
Reason: Agreement Executed
Location: Rajasthan
Certificate Number: IN-RJ00852414458797V
the operative account for which the standing instruction has been given to the Bank and can recover the balance from the subsequent
credit in the account
6 Bank s Rights
The Bank shall:
6.1 in the event it is unwilling to continue the Personal Loan on account of regulatory or other reasons, have the sole right at any time
during the tenor of this Agreement to recall the entire or part of the Personal Loan without assigning any reason there of.
6.2 have the sole right to amend at any time and from time to time any of the terms & conditions of this Agreement including but not
limited to revising/rescheduling the repayment terms / amount of EMI or any other amounts outstanding thereunder, revision of
Interest Rate (including the Default Interest Rate), any other charges or fees, periodicity of compounding of interest, method of
effecting credit of the repayments, without assigning any reason and notify such change/revision/amendment to the Borrower. The
Borrower will be bound by such change/revision and the Borrower agrees that such revision/change/amendment shall become
applicable from date of such revision in the records of the Bank;
6.3 have the right to inspect books of accounts and other records maintained by the Borrower; and
6.4 be entitled to disclose any information about the Borrower, his/her account relationship with the Bank and/or any default
committed by him/her in repayment of amounts (whether such information is provided by the Borrower or obtained by the Bank itself
and whether in form of repayment conduct, rating or defaults) to its head office, other branch offices, affiliated entities, Reserve Bank
of India, or such other Credit Information Bureaus like CIBIL etc., its auditors, as the Bank may, in its sole and exclusive discretion,
deem fit and proper. The Bank shall also be entitled to seek and receive any information as it deems fit in connection with the
Personal Loan and/or the Borrower from any third party; and
6.5 be entitled to require the Borrower, in the event of the Borrower opting to resign or retire from his current employment prior to the
age of superannuation or is discharged or removed from service before such date for any reason whatsoever, to instruct his/her
employer to remit the entire dues or termination benefits (including compensation) in the liability account maintained with the Bank.
6.6 have the right to store financial data of the Borrower. This includes data which is not kept within accounts of IndusInd Bank
Limited
6.7 have a right to apply and/or appropriate and/or set-off any credit balance of the Borrower or any monies/assets (including but not
limited to property, assets, securities, shares, stocks, and the like) belonging to the Borrower coming in the hands of the Bank
towards the repayment of Personal Loan upon occurrence of Event of Default. However, the Bank shall not be obliged to exercise
any right given to it herein.
8 Events of Default
8.1 The Bank may, by a written notice to the Borrower, declare the Personal Loan to have become due and payable forthwith upon
the occurrence (in the sole decision of the Bank) of any one or more of the following events
8.1.1 The Borrower fails to pay to the Bank any amount on or before due date and payable under this Agreement (including an EMI)
or furnish the PDCs or any other document / agreement as maybe required by the Bank from time to time or if any PDCs are
dis-honored or EDI are not acted upon;
8.1.2 The Borrower fails to pay to any person other than the Bank any amount on or before due date and payable or any person
other than the Bank may demand repayment of the loan or dues or liability of the Borrower to such person ahead of its repayment
terms as previously agreed between such person and the Borrower.
8.1.3 The Borrower defaults in performing any of his/her obligations under this Agreement or breaches any of the terms and
conditions of this Agreement;
8.1.4 The Borrower resigns, retires or is discharged or removed from the employment he/she was engaged in on the date of this
Agreement;
8.1.5 Any of the information provided by the Borrower to avail the Personal Loan or any of the Representations and Warranties
contained herein being found to be or becoming incorrect or untrue;
8.1.6 If there is reasonable apprehension that the Borrower is unable to pay his/her debts or any person other than the Bank
commencing proceedings to declare the Borrower insolvent or if the Borrower shall become bankrupt or insolvent or commitact of
insolvency;
8.1.7 If any distrait or attachment of any assets of the Borrower is effected; and
8.1.8 The Bank, for any regulatory or other reasons, being unable or unwilling to continue the Personal Loan, recalls by written notice
the Personal Loan and the Borrower fails to repay in accordance with the said notice.
8.2 It is clarified that upon occurrence of an Event of Default, the Bank shall be entitled to adopt civil and/or criminal proceedings
against the Borrower, including for dis-honour of Cheques under Section 138 of Negotiable Instruments Act. (or) for rejection of ECS
debit instruction under section 25 of payments and settlement systems act 2007.
10.1 The Borrower is aware that transmission of Instructions through Facsimile ("Fax")/ e-mail/ through internet/ online involves a
number of risks including fraudulent alterations and incorrect transmissions and absence of confidentiality. However, the Borrower is
desirous of providing instructions ("Instructions") to the Bank through Fax and/or e-mail and/or online for various matters under this
Agreement including in relation to the Loan and the operation thereof
10.2 In consideration of the Bank permitting the same the Borrower hereby irrevocably, jointly and severally agrees, confirms and
undertakes with the Bank as under: -
10.2.1 The Bank shall be entitled (without being bound to do so) to rely upon the Instructions provided through Fax / e-mail/ through
Internet/ online (and believe the same to be genuine), for their any requirements. In case of any question as to what were the
Instructions provided or received, the records of the Fax/ e-mail/ through Internet/ online received by the Bank from the Borrower shall
be final.
10.2.2 The Borrower shall ensure that the Instructions provided through Fax/ e-mail/ though Internet/ online to the Bank are executed
by a person duly authorised in this behalf ("Authorised Person") and the Bank shall not be responsible for conducting any verification
in this regard, whatsoever
10.2.3 The Borrower confirms that the Bank shall not be bound to act in accordance with whole or any part of the Instructions as it
may appear in the Instruction so conveyed and the same shall be at the Borrower's risk and the Bank shall not be liable for the
consequences of any such refusal or omission to act or deferment of action
Signature Not Verified
Digitally signed by ANIL ANIL
Date: 2023.07.10 23:25:12 IST
Reason: Agreement Executed
Location: Rajasthan
Certificate Number: IN-RJ00852414458797V
10.2.4 The Borrower shall deliver on the same day or on immediate next day to the Bank the original Instructions in writing signed by
the Authorised Person with a marking on the top "confirmation of the same". The Bank shall not be required to await receipt of the
said instruction in writing before taking any action in connection with the Instructions provided through fax/ e-mail/ through Internet/
online and the non-delivery and non-conformity of such instruction in writing shall not in any manner prejudice to the Bank's right.
11 Miscellaneous
11.1 The Parties agree that in any legal action or proceeding arising out of or in connection with this Agreement, entries made in the
Books of Accounts maintained by the Bank shall be prima facie evidence of debt and of all amounts payable, as therein recorded, by
Borrower to the Bank;
11.2 If at any time any provision hereof is or becomes illegal, invalid or unenforceable in law, neither the legality, validity nor enforce
ability of the remaining provision hereof, nor the legality, validity or enforce ability of other provisions shall in anyway by affected or
impaired thereby.
11.3 The Parties agree that any delay or omission by the Bank in exercising any of its right, powers or remedies as the lender of the
Personal Loan under this Agreement and other documents pursuant hereto shall not impair the right, power or remedy or be
construed as its waiver or acquiescence by the Bank.
11.4 The Parties confirm that this Agreement and its Schedule and any other documents executed pursuant to this Agreement shall
represent one single Agreement between the Parties
11.5 Any notice under this Agreement shall be in writing and sent to the address stated in the Schedule. The Borrower shall forthwith
inform the Bank of any change in his/her address
11.6 This Agreement shall be subject to Indian law and subject to the jurisdiction of courts having jurisdiction where the Branch is
situated.
11.7 All disputes, differences and/or claim arising out of or touching upon this Agreement whether during its subsistence or thereafter
shall be settled by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996, or any statutory
amendments thereof and shall be referred to the sole Arbitration of an Arbitrator by the Bank. The award given by such an Arbitrator
shall be final and binding on all the Parties to this agreement.
11.8 Dispute for the purpose of Arbitration includes default committed by the Borrower as per this Agreement. It is a term of this
agreement that in the event of such an Arbitrator to whom the matter has been originally referred to dying or being unable to act for
any reason, the Lender, at the time of such death of the arbitrator or of his inability to act as arbitrator, shall appoint another person to
act as arbitrator. Such a person shall be entitled to proceed with the reference from the stage at which it was left by his predecessor.
11.9 The venue of Arbitration proceedings shall be at Mumbai and the language shall be in English
11.10 All notices and other communications on the Bank and the Borrower shall be to the following address, respectively:
For Bank : IndusInd Bank Ltd. (Personal Loans Division), Plot No. 57, Road No. 17,
PNA House, 3rd Floor, MIDC, Andheri (E), Mumbai - 400 093
12 Additional Undertaking
12.1 As and where applicable, the Borrower undertakes that: The CIC's/ IU’s and/or any other agency so authorized may use,
process the information and data in relation to the Borrower, disclosed by the Bank in the manner as deemed fit by them and,
12.2 The CIC's/ IU’s and/or 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 India in this behalf.
13 Digital Document
THIS DOCUMENT IS PUBLISHED IN COMPLIANCE OF AND SHALL BE GOVERNED BY LAWS OF INDIA, INCLUDING BUT NOT
LIMITED TO (I) THE INDIAN CONTRACT ACT, 1872; (II) THE INFORMATION TECHNOLOGY ACT, 2000, THE RULES,
REGULATIONS, GUIDELINES AND CLARIFICATIONS FRAMED THEREUNDER; (III) THE PAYMENT AND SETTLEMENT
SYSTEMS ACT, 2007 AND APPLICABLE RULES, REGULATIONS AND GUIDELINES MADE THEREUNDER.
THIS AGREEMENT IS A LEGALLY BINDING DOCUMENT BETWEEN BORROWER/YOU AND INDUSIND BANK LIMITED
(‘INDUSIND BANK’ / THE ‘BANK’). THE TERMS OF THIS DOCUMENT WILL BE EFFECTIVE UPON YOU ACCEPTING THESE
PRESENTS AND WILL GOVERN THE RELATIONSHIP BETWEEN YOU AND THE BANK FOR PERSONAL LOAN FACILITY.
THESE TERMS ARE IN ADDITION TO AND NOT IN DEROGATION WITH TERMS AND CONDITIONS OF ANY OTHER PRODUCT
OR SERVICES OF INDUSIND BANK.
THIS DOCUMENT IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER THE
INFORMATION TECHNOLOGY ACT, 2000 AND THE RULES MADE THEREUNDER AND THE AMENDED PROVISIONS
PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION
TECHNOLOGY ACT, 2000. THIS DOCUMENT DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.
THIS DOCUMENT IS A LEGALLY BINDING CONRACTUAL DOCUMENT BETWEEN YOU AND THE BANK.
Repayment Details
10 3 Security Cheque #s
NA
Disbursement Details
20 Processing Fee 0 00
IN WITNESS WHEREOF the Parties hereto have here into signed the day, month and the year stated in the Key Fact
Statement / Schedule / Disbursement declaration herein above written.