Loan Agreement
Loan Agreement
Loan Agreement
Location: Solapur
I/We refer to final application form No. MLP000066397035 Dated submitted by me/us to Axis Bank Limited. I/We have
been provided the following information and I/We have read and understood the following information and agree with the same and have accordingly
filled up the aforesaid application form.
***Financial Default includes all types of payment or financial defaults/irregularities with respect to your Loan Account.
Goods and Services Tax (GST) will be charged extra as per the applicable rates, on all the charges and fees (wherever GST is applicable).
There shall be no capitalisation of Penal Charges.
I/We have not made any payment in cash/bearer cheque or kind along with or in connection with this application form.
Axis Bank Ltd shall be entitled to recall the loan/take possession of the vehicles/assets in the event I/We default in complying with the
obligations in relation to the facility and also that the registration certificate of vehicle duly endorsed on the name of Axis Bank referred to in the
application form will be handed over to Axis Bank Limited within 30 days from the date(s) of respective disbursements(s) under the facility.
I/We are aware that as and when the bank puts forth additional conditions, the same will be informed to me in advance as per extant
guidelines.
**Axis Bank Ltd. Follow defined installment dates
**In case of Moratorium Opted - For cases disbursed from 1st to 4th EMI would fall due on the 5th succeeding (next) month. For cases
disbursed from 5th to 20th EMI would fall due on the 5th succeeding (next) month. For cases disbursed from 21st to 31st EMI would fall
due on the 5th succeeding (next to next) month.
**In case of without Moratorium- For cases disbursed from 1st to 4th EMI would fall due on the 5th of same month. For cases disbursed
from 5th to 20th EMI would fall due on the 5th succeeding (next) month. For cases disbursed from 21st to 31st EMI would fall due on the
5th succeeding (next) month.
Accordingly, accounting reconciliations would be suitably effected at the time of payment of last EMI and surplus amount, if any, would be
refunded to the applicant.
Name of the Applicant(s) Datta Audumbar Gaikwad
Sign:
Date Location: Solapur
DSE/DSA/Connector Sign DSE/DSA/Connector Name
DSE/DSA/Connector Phone No. Location: Solapur
DSE/DSA/Connector Stamp
MOST IMPORTANT INFORMATION
Attention: Please read carefully before signing
ACKNOWLEDGEMENT FORM
BANK’S COPY LAN___________________________
I/We refer to final application form No. MLP000066397035 Dated submitted by me/us to Axis Bank Limited. I/We have
been provided the following information and I/We have read and understood the following information and agree with the same and have accordingly
filled up the aforesaid application form.
***Financial Default includes all types of payment or financial defaults/irregularities with respect to your Loan Account.
Goods and Services Tax (GST) will be charged extra as per the applicable rates, on all the charges and fees (wherever GST is applicable).
There shall be no capitalisation of Penal Charges.
I/We have not made any payment in cash/bearer cheque or kind along with or in connection with this application form.
Axis Bank Ltd shall be entitled to recall the loan/take possession of the vehicles/assets in the event I/We default in complying with the
obligations in relation to the facility and also that the registration certificate of vehicle duly endorsed on the name of Axis Bank referred to in the
application form will be handed over to Axis Bank Limited within 30 days from the date(s) of respective disbursements(s) under the facility.
I/We are aware that as and when the bank puts forth additional conditions, the same will be informed to me in advance as per extant
guidelines.
**Axis Bank Ltd. Follow defined installment dates
**In case of Moratorium Opted - For cases disbursed from 1st to 4th EMI would fall due on the 5th succeeding (next) month. For cases
disbursed from 5th to 20th EMI would fall due on the 5th succeeding (next) month. For cases disbursed from 21st to 31st EMI would fall
due on the 5th succeeding (next to next) month.
**In case of without Moratorium- For cases disbursed from 1st to 4th EMI would fall due on the 5th of same month. For cases disbursed
from 5th to 20th EMI would fall due on the 5th succeeding (next) month. For cases disbursed from 21st to 31st EMI would fall due on the
5th succeeding (next) month.
Accordingly, accounting reconciliations would be suitably effected at the time of payment of last EMI and surplus amount, if any, would be
refunded to the applicant.
Name of the Applicant(s) Datta Audumbar Gaikwad
Sign:
Date Location: Solapur
DSE/DSA/Connector Sign DSE/DSA/Connector Name
DSE/DSA/Connector Phone No. Location: Solapur
DSE/DSA/Connector Stamp
LOAN CUM HYPOTHECATION AGREEMENT
THIS AGREEMENT IS MADE at the place and date as specified in the Schedule between those persons, whose name(s) and address( es ) are as
specified in the Schedule (hereinafter called the "Borrower(s)") of ONE PART and AXIS Bank Ltd., a company, incorporated under the Companies Act,
1956 and a Banking Company within the meaning of the Banking Regulation Act, 1949 and having its Registered Office and Corporate Office at 'Trishul',
3rd Floor, Opposite Samartheshwar Temple, Law Garden, Ellis Bridge, Ahmedabad 380 006, Gujarat and Axis House, Bombay Dyeing Mills Compomd,
Pandurang Budhkar Marg, Worli, Mumbai - 400 025 respectively and one of the Branch/RAC/SRAC offices at the place as specified in the Schedule
(here in after called the "Bank") of the SECOND PART.
The expressions "Borrower(s)" and the "Bank", unless repugnant to the context, shall include their respective legal heirs, representatives, successors,
executors, administrators and assigns.
WHEREAS the Borrower(s) has/have requested the Bank and the Bank has agreed to provide Loan up-to the limit(s) as specified in the Schedule with
full power to the Bank from time to time to renew or reduce or enhance the limit or altogether withdraw the facility on the terms and conditions appearing
herein for the purpose of purchasing a Vehicle (hereinafter collectively and individually referred 0 as the "Loan"), details of which are specified in the
Schedule to this Loan Agreement.
IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS
4 Disbursement
The Bank shall, unless otherwise agreed between the Borrower and the Bank, disburse the Loan in lump sum or in suitable installments to be decided
by the Bank by issuing a Banker's Payment Order or a Demand Draft crossed as ”A/c Payee only' in the name of the Supplier more particularly
described in the schedule and secure a receipt in the Bank's name; or in the name of the previous financier towards the repayment of the previous
Loan to be taken over by utilizing this Loan.
4.1 It is understood that the charges in relation to the disbursement (including charges for issuance or for the collection of proceeds by the
beneficiary on such payment order or demand draft) shall be borne by the Borrower.
4.2 The Bank may not disburse at any time, any amount under the Loan unless the following conditions are complied within the sole discretion of
the Bank:
a) The Loan Agreement is duly executed and delivered to the Bank by the Borrower;
b) The Borrower's submission to the Bank, postdated cheques towards repayment installments;
c) Any other document or writing as the Bank may require in its sole discretion; and
d) Submission of all the necessary approvals and permission from the appropriate authorities.
4.3 The Bank may not, having disbursed any amount, disburse any further amount under the Loan unless the following conditions are complied
with in the sole discretion of the Bank before such further disbursement:
a) No event of default shall have occurred;
b) The Borrower shall have produced all or any other documents or writings as required by the Bank in its sole discretion, which shall be
binding on the Borrower.
4.4 The Borrower shall repay to the Bank the amount equated in terms of monthly installments as mentioned in the schedule as shall I remain due
and owing to the Bank regardless of whether the said Vehicle is in a working condition or requires any repair or otherwise not operational and
the Bank shall not be liable or responsible in any manner for the repair or non-performance of the said Vehicle. The EMI includes the interest
component.
4.5 Interest Tax and other taxes/levies as may be applicable from time to time on the Loan shall be borne solely by the Borrower.
4.6 The Bank shall be entitled to debit all other amounts due and payable by the Borrower under this Agreement (including but not limited to
interest tax, fees, stamp duty, processing fee, login fees, costs, service and other charges, claims and expenses including expenses which
may be incurred by the Borrower in the enforcement or attempted enforcement of security created in favour of the Bank) to the Borrower's
Loan account, unless separately reimbursed to the Bank by the Borrower. Such amounts shall form part of the Loan.
4.7 All amounts in default for payment (i.e., not paid by the Borrower when due to the Bank) including arrears of EMI, interest before the
commencement of EMI, costs, charges, and expenses debited to the Loan account shall attract Penal Charges and interest and Penal
Charges shall thereafter accrue at such revised rate(s) as per the schedule.
5 Repayment
5.1 The Loan (including the principal, interest thereon and any other charges, premium, fees, taxes levies or other dues payable by the Borrower
to the Bank in terms of this Agreement) be repayable by the Borrower to the Bank-
a) at the Branch (or at any other branch of the Bank or at any other place as may be notified by the Bank)
b) by way of Equated Monthly Installment (EMI) as mentioned in the Schedule towards repayment of principal and interest; and
c) by separate repayments in case where (a) the Loan is proposed to be paid before the commencement of EMI or (b) towards repayment of
interest before the commencement of the EMI or (c) towards repayment of Penal Charge, fees, charges, taxes, claims, costs and
expenses charged to the Loan account.
d) Interest on the amount of the Loan is to be applied at the fixed rate of interest stipulated in the Schedule to the Loan Agreement. The rate
of interest will be fixed for the entire tenure of the loan.
5.2 The Equated Monthly Installment (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 repayment, of the entire liability under the Loan at the end of its tenor and the
Borrower agrees to continue paying EMIs until all amounts due under the Loan have been repaid in full to the Bank.
5.3 No notice, reminder or intimation will be given to the Borrower regarding his obligation to pay the EMI regularly on each due date. It shall
entirely be his 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, Penal Charges (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
5.4 All repayments of Principal and payment of interest and all other amounts by way of EMI or otherwise shall be given effect to in the Loan
account in accordance with the method of effecting payment as stated in the Schedule or as adopted by the Bank from time to time
5.5 The Borrower(s) shall be permitted to make partial prepayment of the loan ahead of the prescribed EMI Schedule provided that such partial
prepayment shall be permitted only once in a calendar month and in aggregate not more than twice in a financial year. The Borrower(s) may,
foreclose the loan (subject to foreclosure / part prepayment charges payable at the rate mentioned in the Schedule on the outstanding
amount) by giving a 30 days notice in writing to that effect.
5.6 The loss, theft, destruction or damage of the Vehicle shall not in any event detract from the liability of the Borrower to make the repayment
herein nor shall it affect the continuance of this Agreement
5.7 Borrower(s) I agree(s) to keep bank account (details of which the Borrower(s)I has/have submitted to the Bank for setting up the Standing
Instruction/NACH Mandate to recover the EMI/Instalment) adequately funded at least one day prior to the repayment/EMI due date. Borrower
(s) understand(s) and agree(s) that if the Borrower(s) fail(s) to fund the bank account as aforesaid and the Standing Instruction/NACH
Mandate fails to be honoured on the repayment/EMI due date, Bank shall be at liberty to levy applicable charges as per the Loan Agreement
in addition to the other rights available to the Bank under this Loan Agreement and applicable law/regulatory guidelines.
7 Security
7.1 In consideration of the Bank having granted/agreed to grant the Loan Facility, the Borrower/s hereby HYPOTHECATES to and charges, as
security to the Bank, for securing the moneys that may from time to time become due and payable by the Borrower/s to the Bank and the
Balance Due to the Bank, by way of First Exclusive charge in favour of the Bank the assets of the Borrower/4 which are more particular
described in the Schedule hereto (hereinafter referred to as "Hypothecated Assets") and the same SHALL BE AND STAND
HYPOTHECATED to the Bank by way of first charge as security for the due repayment of Loan Facility and also for all indebtedness or
liabilities of the Borrower/s to the Bank together with all interest, commissions, costs, charges and expenses payable to or incurred by the
Bank including those for the enforcement of any of the security ( ies). Provided that in case the Hypothecated Asset(s) is yet to be purchased
or has not been delivered and/or registered with the appropriate authority, wherever applicable, at the time of signing of this agreement, then
the particulars of the assets shall be intimated to the Bank in writing, as an addendum to this agreement, with all the relevant particulars of
the assets including the registration details of the assets as may be applicable, whereupon such intimation in writing shall form part of the
Schedule attached and shall deemed to have been incorporated in this Agreement.
7.2 The Bank shall be entitled to call upon the Borrower and the Borrower shall be liable to furnish to the Bank additional and / or alternate
security as decided by the bank in the event of any substantial deterioration in the value of the security and the Borrower shall be bound to
provide any additional security within 30 days from the receipt of the letter from the Bank.
7.3 The Borrower shall execute any bonds, promissory notes for the Loan and all such documents, power of attorney(s)/undertakings and
agreement as maybe required by the Bank at time during the pendency of this loan.
7.4 That the Bank is not responsible for delivery of duly endorsed Registered Certificate and that the Borrower(s) shall not withhold payment of
installments of the pretext that Registration Certificate has not been delivered.
I / We Confirm having read and understood the text contained in the above mentioned
pages of this agreement.
I / We Confirm having read and understood the text contained in the above mentioned
pages of this agreement.
Signature of Borrower(s) and co-borrower(s)
9.6 The borrower agrees that he/she is not PEP (Politically exposed person-are persons who are or have been entrusted with prominent public
functions in a foreign country e.g. Heads of States/Governments, senior politicians, senior government/judicial/military officers, senior offices
of state owned corporations, important political party officials etc.) and undertakes that in event of subsequently becoming the PEP, he will
immediately intimate the bank regarding the same.
9.7 Please refer to the following for privacy policy and disclaimer https://www.axisbank.com/privacy-policy https://www.axisbank.com/disclaimer
9.8 I/ We will ensure that any update/change in any information or documents provided by me/us in future is intimated/ informed to the Bank
promptly, i.e., within 30 days from the date of change.
9.9 The Borrower hereby acknowledges and agrees that the Bank has a right to award a separate mandate to our Auditor or any independent
Auditor, as the Bank may deem fit with a view to obtain a specific certificate regarding diversion /siphoning of funds by the Borrower. The
Borrower agrees and undertakes to co-operate with such Auditors and provide the necessary information and/or documents as may be
required by such Auditors. The Borrower also agrees and undertakes to bear all the expenditure in respect of obtaining the said Certificate
and agrees to indemnify and keep the Bank indemnified in this regard.
9.10 The Borrower declares, assures and states that, except as mentioned hereunder, the Borrower is not a director nor relative“ of any director
or one of its directors/partners /members (if the Borrower is a company/partnership firm) is a director; of the Bank or any other Banks
including Scheduled Co-operative Banks, subsidiaries/trustees of mutual funds/ venture capital funds; and the Borrower is rot a relative* or
none of its directors/ partners/ members (if the Borrower is a company/partnership firm) of any Senior Officer* of the Bank or of any other
Banks;
*The term ’Senior Officer’ means an officer of the Bank, who is in equivalent scale as an officer in senior management level in Grade IV any officer
and above in a nationalized bank or any officer in equivalent scale in the State Bank of India and associate banks and in any banking company
incorporated in India.
*The term "relative" shall mean and include any or all of the following persons: (a) Spouse (b)Father (c) Mother (including step-mother) (d) Son
(including step-son) (e) Son’s Wife (f) Daughter (including step-daughter) (g) Daughter’s Husband (h) Brother (including step-brother) (i) Brother’s wife
(j) Sister (including step-sister) (k) Sister's husband (I)Brother (including step-brother) of the spouse (m) Sister (including step-sister) of the spouse.
The Borrower makes the above declaration solemnly and sincerely believing the same to be true and knowing fully well that on the faith and strength
of the correctness thereof the Bank has agreed to grant the Facility. The Borrower also agrees that it is a condition of the grant of the Facilities that if
any statement made with reference to the above is found to be false at any time the Bank shall at liberty and entitled to revoke the Facilities. OR The
Borrower declares that the Borrower is related to the directors and /or Senior Officer(s) of the Bank or of any other Banks as specified hereto:
2.
3.
10 Indemnity
The Borrower(s) shall indemnify the Bank and keep indemnified the Bank save and harmless on demand in respect of any actions, claims, costs,
damages, demands, expenses, losses and liabilities made against, suffered or incurred by the Bank arising directly or indirectly from or in connection
with: -
10.1 any failure by the Borrower(s) to comply with the provisions of this Agreement and/or
10.2 any liability including third party liability that may arise out of the possession, operation and use the Vehicle by the Borrower(s) or by its
employees or by its Agents of by other persons whosoever whether or not authorized by the Borrower(s) for use of the said Vehicle and
incidental to that purpose and/or
10.3 any claims, losses, demands, actions, costs, expenses, and liabilities incurred or suffered by the Bank by reason of the representations and
warranties given by the Borrower(s) being false or untrue in material respect and/or
10.4 any claims, losses, demands, actions, costs, expenses and liabilities incurred of suffered by the Bank by reason of the hypothecated Vehicle
not being free form encumbrance and/or any previous charge.
The Borrower(s) shall keep the bank informed of all development regarding such actions, claims, cost, damages, demands, expenses, losses and
liabilities and shall not dispute, compromise or otherwise deal with the same subject to the consent given by the Bank. The Bank shall however be
under no obligation and/or liability to the Borrower(s) to provide and assistance in connection with any such claim that the Borrower(s) may require.
I / We Confirm having read and understood the text contained in the above
mentioned pages of this agreement.
q) Upon happening of any substantial change in the constitution or management of the Borrower without devious written consent of the Bank or
upon the Management ceasing to enjoy the confidence of the Bank;
r) If the Borrower fails to furnish any information or documents required by the Bank;
s) If the Borrower fails to furnish to the Bank detailed end use statement of the Loan as and when so required by the Bank within 10 (ten) days of
receiving such request from the Bank;
t) The Borrower(s) fails to pay any insurance premium for the Hypothecated Vehicle or cheque bounce changes in terms and conditions hereof;
u) The Hypothecated Vehicle is confiscated, attached, taken in to custody by any authority or subject to any execution proceeding;
v) The Vehicle is distrait, endangered or badly damaged due to an accident or any other reason whatever causing the same to be a total loss in
the opinion of the Bank or caused body injury to any person due to any accident or otherwise
w) The Vehicle is stolen or untraceable for a period of 30 days for any reason whatever;
x) Any Cheques delivered or to be delivered by the Borrower(s) to the Bank in terms and conditions hereof is not encashed for any reason
whatsoever on presentation;
y) Any instructions given by the Borrower(s) for stop payment of PDC/ revoke SI/ECS for any reason whatsoever;
z) The Borrower(s) fails to supply a certified true copy of the registration certificate within reasonable time
aa) The Vehicle has been used or alleged to have been used for any illegal purposes or activity.
ab) The Guarantor hereby agrees that, the Guarantor is liable to be treated as a Willful defaulter in terms of the applicable RBI guidelines, in the
event, the Lender/Bank makes a claim on the guarantor on account of the default made by the principal debtor, and the Guarantor refuses to
comply with the demand made by the Lender/ Bank, despite having sufficient means to make payment of the dues.
ac) All amounts in default for payment, due to delay or non-payment of EMI/Instalment or interest thereon including any costs, charges and
expenses or due to occurrence of any other Event of Default shall be debited to the loan/ drawal account and in such case Bank shall also
levy the Penal Charges and other charges as applicable and prescribed in the [Schedule of Loan cum Hypothecation agreement], in the said
loan/ drawal account for the period of default, which shall be paid by the Borrower.
ad) However, if Borrower fails to make the payment of above said amounts in default for payment or the Penal Charges and other charges levied
by the Bank within 90 days from the due date of such payments, in that case said loan/drawal account shall be classified as Non-Performing
Asset (“NPA”).
ae) In order to regularise the said loan/drawal account, the Borrower shall be liable to pay all the above-mentioned amounts in default and/or
Penal Charges and other charges, as the case may be [on immediate basis].
Notice on the happening of an Event of Default
If any event of default or any event which, after the notice or lapse of time or both would constitute an event of default shall have happened, the
Borrower shall forthwith give the Bank notice thereof in writing specifying such event of default, or such event.
(B) Consequences of default:
a) In the event of any default as stated above the Bank shall have the right:-
i) To recover the entire dues of the Loan,
ii) To suspend any withdrawal to be effected in the Loan account,
iii) Take possession of the Vehicle whether by itself or through any of the Recovery Agents or Attorneys as may be appointed by the
Bank
iv) Take any other action as it may deem fit for recovery of its dues and enforcement of the securities.
b) Further, the Bank shall after giving notice be entitled to forthwith take physical possession of the Vehicle and alternate sell, transfer the
Vehicle either by itself or through its agents and sell or otherwise deal with the same to enforce the bank’s security and recover the dues,
without the intervention of the Court. In the exercise of the powers herein contained, the Bank shall not be bond or liable for any losses
the Borrower may suffer as a result of the said realisation and sale. In the event of the Bank or its authorised representatives being
prevented from securing possession of the Vehicle, the representatives of the Bank shall be entitled to break open the lock and enter the
premises for the purpose herein stated.
c) The Borrower agrees to the procedure for recovery or for enforcement of the security which shall be as follows:
i) The Bank shall be giving normally a notice of 7 (seven) days to repay the entire dues of the Loan, failing upon which the Ban k shall be
entitled to repossess the vehicle through Bank's representative or any other person as may be appointed by the Bank from time to
time. However in case of emergency and non-availability of borrower's details and/or whereabouts, the Bank shall be entitled to take
possession of the vehicle without any notice. After repossession of the vehicle the Bank Shall endeavor to give all the requisite
information and chance to the Borrower to repay its dues before actual sale of the vehicle.
ii) That the Bank shall after taking the possession send a final notice of 7 (seven) days to the Borrower to repay the entire due s along
with the interest, repossession charges and any other charges as may be applicable, failing upon which the Bank shall be enticed to
sale the said vehicle by public or private auction or private treaty as it may deem fit
iii) The sale conducted by the Bank shall be valid and complete on the date of sale and the same will be conclusive as regards to the
terms of the said sale and also the sale consideration and the Borrower shall not have any dispute/claim on the same.
iv) The Bank shall endeavor to give all reasonable chances to redeem the vehicle possession and if the Borrower pays off the entire
dues before the actual sale, the Bank shall take requisite steps to redeem the possession to the Borrower. However, the above said
procedure shall be subject to the changes/modifications as may be decided by the Bank keeping in view the guidelines issued by
the RBI and/or any other regulatory authority from time to time and the same shall be valid and binding upon the Borrower.
d) The Borrower agrees and undertakes not to prevent or obstruct the Bank from taking possession of the Vehicle irrespective of whether the
Loan has been recalled whenever in the opinion of the Bank, there is an apprehension of any money not being paid or the Bank's
security is being jeopardized and that the Bank's representatives will be entitled to sell, give on rent, or otherwise deal with the Vehicle
by public or private auction or private treaty, without being liable for any loss, and to apply the net proceeds thereof as specified in these
presents. And in such or likely circumstances the notices as aforesaid shall be waived.
e) The Borrower shall pay any deficiency, forthwith to the Bank. The Bank shall also be entitled to adjust and a right of set-off on all moneys
belonging to the Borrower standing to their credit in any account whatsoever with the Bank, towards payment of such deficiency. Nothing
contained in this clause shall oblige the bank to sell, hire or deal with the Vehicle and the Bank Call been titled to proceed against the
Borrower independently of such of any other security. The Borrower agrees to accept the Bank's accounts in respect of such sale, hire,
dealing or otherwise as conclusive proof of the correctness of any sum claimed to be due from the Borrower .In case of any deficit, the
deficit amount shall be recovered by the Bank from the Borrower.
f) The Bank may at the risk and cost of the Borrower engage one or more person(s) to collect the Borrower’s outstanding and /or to enforce
the security and may furnish to such person the right and authority to perform and execute all acts, deeds, matters and things connected
therewith or incidental thereto as the Bank thinks fit.
g) The Borrower hereby agree as a pre-condition of the said credit facility granted to it by the Bank that in case the Borrower commits default
in the repayment of the credit facility or in the repayment of interest thereon or any of the agreed installment of the credit facility on due
date/s the Bank and/or Reserve Bank of India will have an unqualified right to disclose or publish the name of the Borrower or the name
of the Borrower's company/ firm / unit and its directors / partners / proprietors as defaulter in such manner and through such medium as
the Bank or Reserve Bank of India in their absolute discretion may think fit.
h) The Borrower commits a default in repayment of dues and consequently the account is to be classified as NPA, all other borrower
accounts of the Borrower, with the Bank also shall be classified as NPA as per the guidelines issued by RBI.
13.1 To execute and complete in favour of the Bank or its nominee any documents which the Bank may require for perfecting its title to or for
vesting the said Vehicle in the Bank or its nominee or any purchaser thereof.
13.2 To disburse the loan amount of purchase of the said Vehicle directly to the dealer/seller and obtain a receipt for such payment from the
dealer/seller.
13.3 To take inspection directly or to engage any Advocate, Chartered Accountant or registered trade practitioner for taking inspection of my/our
income tax returns and assessment proceedings, Appeal proceedings etc. relating to the current and previous Assessment years. This
authority is being given to the Bank to enable the Bank to verify the veracity of various representations made by me/up the undersigned, for
seeking Two wheeler loan from the Bank.
13.4 To appear before the office of Registration Authority, Regional Transport Officer, Sales Officer and other authorities through advocates or
any such authorized person deemed necessary by the Bank to effect endorsement of hypothecation in the registration certificate and transfer
the Vehicle when necessary.
13.5 To obtain, receive, demand or collect any form, certificates, registration books, booking order, insurance policies or other documents form
any Registering Authority, manufacturers of the said Vehicle and/or its dealers.
13.6 To take possession of the said Vehicle in case of default and for the purpose enter the premises where the said Vehicle is packed, as per
terms of the Agreement.
13.7 To transfer, sell or dispose of the said Vehicle and sign and execute all or any forms, declarations or instruments, as may be necessary or
expedient for giving effect to the delivery to the said Vehicle to the purchaser thereof.
13.8 To appoint or engage any broker, dealer or auctioneer for affecting any such transfer, sale or disposition of the said vehicle.
13.9 To sign, execute necessary forms, documents or to give notice to the appropriate Registering Authority for effecting transfer of the said
Vehicle in favour of the purchaser.
13.10 To receive the consideration of the sale, transfer, disposition or dealing of the said Vehicle and issue proper receipt or receipts to give a
valid and effectual discharge for such consideration.
13.11 To take delivery, actual possession or custody of the said Vehicle as and when demanded by the bank.
13.12 To appoint or engage any broker or other agent for taking possession or effecting delivery of the said Vehicle.
13.13 To sign and deliver or otherwise perfect the hypothecation created or to be created on the said Vehicle and to do all such acts, deeds and
things as may be required for exercise of or any the powers hereby conferred.
I / We Confirm having read and understood the text contained in the above mentioned
pages of this agreement.
13.14 To sign and deliver the necessary forms that may be required to be filed or necessary with Registration Authority or other authorities under
the Motor Vehicles Act, 1988 or any other law for the time being in force to record the charge of hypothecation on the said Vehicle, created or
to be created in favour of the Bank.
13.15 To pay any fees, charges, penalties, imposts, premiums, taxes or other impositions to any Registering Authority, insurance companies or
other authorities for the said Vehicle.
13.16 To act as a facilitator and make the premium payment to any insurance company and/or insure, renew such insurance at my/our costs,
charges and expenses which shall be reimbursed by me/us to the Bank.
13.17 To obtain, receive, demand or collect any forms, certificates, registration books, booking order, insurance policies or other documents form
any Registering Authority, manufactures of the said Vehicle or its dealer/sellers.
13.18 To cancel, annul or rescind booking of one or more of the said Vehicle and to get refund of any such booking amount from the
manufacturer or its dealer by issuing receipts as valid and effectual discharge for such refund.
13.19 To fill in and complete any cheque that may be lying now or thereafter with the Bank duly signed by me, or on our behalf with such amount,
date and/or name of the payee that may be deemed fit by the Bank.
13.20 To get requisite information from my employer as may be expedient to ascertain material particulars.
13.21 In case of default by me/us of the terms and conditions of the Agreement, to transfer, sell, give on hire, dispose of, give deliver of and
otherwise howsoever deal with the said Vehicle and to sign and execute all agreements, contracts, declaration form instruments and other
writings whatsoever as may be necessary or expedient in that behalf.
13.22 To give notice, if required to the appropriate Registering Authority and/or such other authority in law, for the registration of the said Vehicle
upon the sale, transfer, disposal, deliver thereof.
13.23 To delegate all, any or more than one of the powers, authorities and liberties herein vested and to appoint any substitute to any one or
more purpose or purposes as the Bank shall from time to time desire in that behalf
13.24 For the better doing, performing and executing all the matters and things aforesaid. the borrower hereby further grant unto the said Bank
full power and authority to substitute and appoint in its place and stead on such terms as it may think fit one or more attorney/s to exercise for
me/us as my/our attorney/s any or all the powers and authorities hereby conferred, to revoke any such appointments and to substitute or
appoint any other person/s place of such attorney/s as the Bank may from time to time think fit.
And generally to do, perform and execute, all acts, deeds, matters and things relating to or concerning or touching these present as fully and
effectually as if Borrower was personally and had been done, performed or executed the same myself/ourselves.
This authority shall be binding upon me/us, the undersigned and my/our legal successors prior and post to the grant of the loan and shall be
irrevocable during the tenure of the loan as the same is coupled with interest and consideration, until all sums due and owing by me/us has been paid
to the Bank.
And Borrower hereby agree to ratify and confirm all and whatsoever the Bank shall do or cause to be done in or about the premises by virtue of these
presents.
17 Arbitration
All disputes, differences and / or claim or questions arising out of these presents or in any way touching or concerning the same or as to constructions,
meaning or effect thereof or as to the right, obligations and liabilities of the panes hereunder shall be referred to and settled by arbitration, to be held in
accordance with the provisions of the Arbitration and Conciliation Act, 1996 or any statuary amendments thereof, of a sole arbitrator to be nominated
by the Lender/Bank, and in the event of death, unwilling ness, refusal, neglect, inability or in capability of a person so appointed to act as an arbitrator,
the Lender/Bank may appoint a new arbitrator to be a sole arbitrator. The arbitrator shall not be required to give any reasons for the award and the
award of the arbitrator shall be final and binding on all parties concerned. The arbitration proceedings shall be held Mumbai/ Delhi / Chennai / Kolkata.
18 Miscellaneous
18.1 Without prejudice to the Bank's other rights and remedies, the Bank shall be entitled to charge at its own discretion enhanced rates of
interests on the outstanding in the Loan accounts or a portion thereof or for any default or irregularity on lie Borrower's part which in the
opinion of the Bank warrants charging of such enhanced rates of interests for such period as the Bank may deem fit. The equated Monthly
installments will have to be paid till the entire Loan and interest is fully repaid. Further, the amount of equated monthly installment may
change/increase as may be decided by the Bank.
18.2 It is hereby agreed between the parties that the Schedule may be amended, revised, substituted by way of written communication by the
Bank to the Borrower from time to time. Such correspondences between the Bank and acceptance thereof by the Borrower shall be deemed
to be an integral part of this Agreement and shall be read in conjunction thereof.
18.3 All or any other conditions as specified in the most important information shall form an integral part of this Agreement and the most important
information shall always be read in conjunction with this Agreement at all times.
18.4 Without prejudice to any other term of this Agreement, the Parties expressly agree that any payment made by the Borrower to the Bank
under this Agreement shall be appropriated by the Bank in the following order-
a) costs, charges and expenses that the Bank may expend to service, enforce and maintain the security and therefore recover the Loan,
interest and all sums due and payable by the Borrower to the Bank under this Agreement.
b) costs, charges and expenses that the Bank may expend to service, enforce and maintain the security and therefore recover the Loan,
interest and all sums due and payable by the Borrower to the Bank under this Agreement.
c) interest;
d) principal amount of the Loan.
18.5 The parties agree that any delay or omission by the Bank in exercising any of its rights, powers or remedies as the tender of the Loan under
this Agreement and other documents pursuant hereto shall not impair the right, power or remedy or be construed as its waiver or acquiesce
by the Bank.
18.6 The Parties confirm that this Agreement and its Schedule and any other documentation pursuant to it represent one single agreement
between the Parties.
18.7 This Agreement supersedes all prior discussions and representations between the parties, including the Bank brochure, save with respect to
the obligations of and representations made by the Borrower to the Bank set forth in any correspondence, application forms or otherwise
made or agreed to be made howsoever.
18.8 Laws of India shall govern this Agreement, the security and other documentation pursuant hereto and Courts having jurisdiction where the
Branch/RAC/SRAC is situated shall have exclusive jurisdiction over all aspects governing the interpretation and enforcement of this
Agreement, the security and other documentation pursuant hereto. Nothing herein shall limit the right of the Bank to take proceedings against
the Borrower in any other Court of competent jurisdiction within India nor shall the taking of the proceedings in one or more jurisdiction
preclude the Lender from taking proceedings in any other jurisdiction within India, whether concurrently or not.
18.9 The addresses of the parties shall be as mentioned under the Schedule. The Borrower shall forthwith inform the Bank of any change in his
Address.
18.10 I understand that the circular DBR.No.BP.BC.45/21.04.048/2018-19 dated June 7, 2019 on 'Prudential Framework for Resolution of
Stressed Assets' requires the lenders to recognize incipient stress in borrower accounts, immediately on default, by classifying them as
special mention accounts (SMA). Accordingly, the date of SMA/NPA shall reflect the asset classification status of my loan account at the day-
end of that calendar date. An illustration of such classification is as follows:
I / We Confirm having read and understood the text contained in the above
mentioned pages of this agreement.
SMA 0 - If due date of a loan account is March 31, 2021, and full dues are not received on this date, the account shall be SMA 0 on day end
of March 31, 2021.
SMA 1 - If it continues to remain overdue, then this account shall get tagged as SMA-1 upon completion of 30 days of being continuously
overdue i.e. April 30, 2021.
SMA 2 - If the account continues to remain overdue, it shall get tagged as SMA-2 on May 30, 2021.
NPA - If the account continues to remain overdue further, it shall get classified as NPA on June 29, 2021.
18.11 Any notice or request required or permitted under this Agreement to be given by either party to the other shall be only in writing and sent on
the address of the other Party as mentioned in the Schedule (or in case to the Borrower, on the address of the Borrower last known to the
Bank):
a) If given by the Bank, may be given by personal delivery, fax or by post and shall be deemed to have been served upon or received by the
Borrower, if given by personal delivery, when so delivered and if by post on expiration of 3 days after the same has been delivered to the
post office for onward transmission to the Borrower under certificate of posting; and
b) If given by the Borrower to the Bank when it is actually received by the Bank.
18.12 The Fair Practice Code for the Lenders as published on the Axis Bank’s website, shall apply to the Loan, Copy of the Fair Practice Code for
lenders as available on the Bank’s website
https://www.axisbank.com/docs/default-source/default-document-library/fair-practice-code-for-lenders.pdf
Accordingly, the Borrower hereby agrees and gives consent for the disclosure by Bank of all or any such:
a) Information and data relating to the Borrower;
b) The information of data relating to its Credit Facility availed of / to be availed by the Borrower md
c) Default, if any, committed by the Borrower, in discharge of the Borrower's such obligation;
d) as the Bank may deem appropriate and necessary, to disclose and furnish to Credit Information Bureau (India) Limited ["CIC"] and any
other agency authorised in this behalf by Reserve Bank of India ["RBI"].
The Borrower declares that the information and data furnished by the Borrower to the Bank are true and correct.
20 The extant Foreclosure and Part-Payment Charges will be applicable once the borrower ceases to be an Axis Bank Employee
21 The Bank shall share the preprinted copy of the above agreement terms and conditions with the customer along with the welcome kit The parties
hereto have executed/ caused to be executed these presents on the day and year written h the Schedule hereinafter appearing.
“(in the case of HUF/Partnership name of all the member/ Partners required if unless Letter of authorization is there.) Affix Common Seal of the
Company.
Signed and
delivered by Axis
Bank Ltd. by the
hand
of i/s authorised signatory : Mr./Ms.
SCHEDULE TO LOAN CUM HYPOTHECATION AGREEMENT
Date of Agreement: Place of Execution:
D D M M Y Y
Branch/RAC/SRAC Address :
***Financial Default includes all types of payment or financial defaults/irregularities with respect to your Loan Account.
Goods and Services Tax (GST) will be charged extra as per the applicable rates, on all the charges and fees (wherever GST is applicable).
There shall be no capitalisation of Penal Charges.
Borrower X Co-borrower X
Repayment Terms Repayable according to the Tenor by monthly Equated Monthly
Installment (EMI) as stated below.
EMI Amount EMI Amount Rs.
(Number)
EMI Amount EMI Amount Rs.
(Number)
EMI Amount EMI Amount Rs.
(Number)
EMI Payment Dates
Post Dated Cheques Number of PDCs:
(PDCs) Cheque Numbers:
Standing Instruction (SI) Account Number:
SI Number and Date:
Electronic Clearing System (ECS)
Disbursement By direct single payment/part payment in favour of <<>>
Details of Vehicle Vehicle 1 Vehicle 2 Vehicle 3 Vehicle 4
Reg. No.
Reg. Date
Chassis No.
Engine No
Model Shine
Mfg. Date
Make Drum
Manufacturer HONDA
Supplier/Agency
Insured Amount
Premium Payable
Signed and Delivered by the within borrower/s, this Schedule to Loan cum Hypothecation Agreement on the date herein above mentioned.
*(in the case of HUF/Partnership, name of all the member/partners are required if authority not given to one person to execute agreement)
Affix Common Seal of the Company.
DISBURSEMENT REQUEST FORM
To Date:
Manager Place:
Axis Bank Ltd
1. Details For disbursement through lNF Ac/RTGS-NEFT/INTERNAL TRANSFER: (Mark as NA if not applicable)
Particulars INF A/C /TA A/C RTGS/NEFT/I.T RTGS/NEFT/I.T
Beneficiary Name
Bank Name
Bank A/c No
IFSC Code - In Capital letters
Disbursement Amount (in Rs.)
a) Interest on loan shall commence from the disbursement INF Ac/DD/Internal Transfer/RTGS-NEFT date.
b) Disbursement demand draft is to be collected within a day of disbursement DD date, however subject to clearance of pending documents.
Yours faithfully,
Applicant Co-applicant
*Broken period: from date of disbursement till the EMI cycle date.
STANDING INSTRUCTION REQUEST
Date:
From
Datta Audumbar Gaikwad
Kuran Vasti, Chale TAL
PANDHARPUR
Kuran Vasti
To
AXIS Bank Ltd.,
Ref: Execution of Standing
Instruction
Dear Sir,
This is in reference to the loan of INR
87383 (Rupees (in words)
Eighty Seven Thousand Three Hundred And Eighty Three ) sanctioned to me by Retail
Assets Center, . My loan account No. is
and Customer ID is
I,therefore, request you to please accept this authorizing mandate to debit my Axis Bank savings account Number
from on due date towards the recovery of repayment of dues/EMI,
over the entire tenure of loan, as per the terms and conditions of loan agreement schedule or as per the revised instructions in line with the Bank’s policy.
Borrower(s) I agree(s) to keep bank account (details of which the Borrower(s)I has/have submitted to the Bank for setting up the Standing Instruction
/NACH Mandate to recover the EMI/Instalment) adequately funded at least one day prior to the repayment/EMI due date. Borrower(s) understand(s) and
agree(s) that if the Borrower(s) fail(s) to fund the bank account as aforesaid and the Standing Instruction/NACH Mandate fails to be honoured on the
repayment/EMI due date, Bank shall be at liberty to levy applicable charges as per the Loan Agreement in addition to the other rights available to the
Bank under this Loan Agreement and applicable law/regulatory guidelines
Please treat this as an irrevocable communication as an authorization to debit the said savings bank account every month with the amount due towards
the repayment of my loan. In the event of above account getting closed / transferred for any reason, I/We will intimate to the Bank the new account
opened with the bank to debit the loan repayment amount/s. Further, I/We also undertake to submit afresh set of mandate in regards to the same.
I also understand and accept that the Bank will have the right to set-off, without prior intimation to me, the available balances in the designated account
for recovery of overdue installments and/or charges (if any) in the loan account.
Thanking you,
Yours faithfully,
For Axis Bank Ltd
Name:
Datta Audumbar Gaikwad Employee Id:
Customer Name (accounts holder/s): Signature: