Post on 23-Aug-2014
transcript
THIS LOAN AGREEMENT executed in …………………. (Place) on this day ……,,, of
…………………… 201…. between SHRIRAM CITY UNION FINANCE LTD a company
incorporated under the Companies Act 1956 having its Registered Office at 123 Angappa
Naicken Street, Chennai - 600001 and represented by its (HEREIN AFTER REFERRED TO AS
SHRIRAM CITY IN THIS AGREEMENT) (Incharge of Jewel loan) of ………………….branch
Mr. / Ms. ……………….…………………. S/o /W/o / D/o .………………….………………….
ANDMr. / Ms. ……………….…………………. S/o /W/o / D/o .………………….……………. aged
about …….. residing at (HEREIN AFTER CALLED THE BORROWER IN THIS
AGREEMENT)
Whereas Shriram City proposes to extend business cum personal loans to credit worthy
individuals at it's (Shriram City's) discretion on such security as it deems fit,
Whereas the Borrower has approached Shriram City for such personal loans and applied
for personal loans,
Whereas Shriram City has considered the borrower's application and decided to extend
the personal loans to the borrower from time to time
Whereas the parties hereto deem it proper to reduce to writing the terms of such loans,
NOW THIS LOAN AGREEMENT WITNESSETH AS UNDER:
1) Shriram City hereby agrees to sanction personal loans to the borrower from time to time
upon specific request of the borrower.
2) The personal loans shall carry interest at………… % per annum payable at monthly
quarterly rests.
3) The entire principal and the interest due in respect of each one of such personal loans
shall be repayable within such period as may be agreed upon. In the event of any default
on the part of the borrower in spraying the debt within the time stipulated, the borrower is
bound to pay additional interest of 3% over and above the contractual interest for the
period of default.
4) The borrower shall execute a separate promissory note in favor of Shriram City in respect
of each one of such loans as and when such loans are availed.
5) The borrower shall also create pledge of the jewelleries owned by him / her by way of
separate pledge letter as security for each one of such personal loans extended to him /
her. Each loan will be secured by a separate pledge.
6) The borrower shall also execute an irrevocable general power of attorney in favour of
Shriram City or its nominee, authorising Shriram City or such nominee to sell the
pledged jewelleries by public auction or by private negotiations and appropriate the sale
proceeds towards the total loan outstanding payable by him / her to Shriram City.
7) The parties hereto agree that Shriram City shall be entitled to terminate this loan
agreement and exercise the power to sell conferred by means of the irrevocable power of
attorney upon the happening of anyone of the following contingencies namely:
A) In the event of consecutive two monthly installments remaining unpaid
B) In the event of any third party claiming ownership over the pledged jewelleries.
C) In the event of any misrepresentation or suppression of material facts in the loan application.
D) In the event of refusal on the part of the borrower to renew the loan documents at the request of Shriram City for renewal.
E) In case of any conduct on the part of the borrower which is, in the opinion of Shriram City, not conducive to the further continuation of the loan transaction with the borrower.
Shriram City shall exercise the power of termination and sale pursuant to this Clause after
issuing 7 days' notice in writing to the borrower calling upon the borrower to comply with the
demands made in the written notice.
Notice in writing properly & duly stamped & addressed to borrower's address as given in
the loan application shall be deemed to be proper notice under these presents. The decision of
Shriram City to invoke power of termination & sale under these presents shall be final and shall
not be called in question.
8) The pledged jewelleries shall be kept in safe custody by Shriram City either in Head
Office or at any other Office at its discretion.
9) The borrower covenants with Shriram City that
A) The particulars furnished in the loan application are true and correct.
B) The jewelleries pledged by him I her (the borrower) are his I her own and that no
third party has any claim over the same.
C) In the event of any third party claim to the pledged jewelleries, the borrower shall
do and cause to be done all that is necessary to protect the interests of Shriram
City.
D) In the event of any third party claim to the pledged jewellery, Shriram City is
entitled to exercise all the rights that the borrower may have against such third
party as well as the pledged jewellery in question and deal with the third party
claims to the pledged jewelleries accordingly without reference to the borrower.
E) In the event of any third party claim to the pledged jewellery, Shriram City is
entitled to enter into any kind of arrangement with such person who lays claims to
the pledged jewelleries without reference to the borrower.
F) In the event of any third party claim to the pledged jewellery, Shriram City is
entitled to entertain and assess such third party independently with respect to
tenability, admissibility and geniuses of such claims without reference to the
borrower.
G) If the third party's claim to the pledged jewellery is found to be tenable and
genuine, Shriram City is entitled to receive the amounts due in respect of such
pledge from the third party concerned, appropriate the same towards the
outstanding and return the pledged jewellery to such third party.
H) In the event of any third party claim to the pledged jewellery, Shriram City is
entitled to dispose of and/or deal with the pledged jewelleries in its discretion
without reference to borrower having regard to the tenability, admissibility and
genuineness of the claims of any third party to the pledged jewelleries.
I) In the event of any third party claim to the pledged jewellery, Shriram City is
entitled to take or initiate all such steps as may be available including legal
proceedings in appropriate court of law to protect the interests of Shriram City
Union Finance Ltd without reference to the borrower.
J) Any third party claim over the pledged jewelleries may be construed as clothing
Shriram City with power to terminate this agreement and resort to power of sale
on the basis of the irrevocable power of attorney executed by him / her.
K) This loan agreement and the irrevocable general power of attorney shall be valid
and remain in force till the borrower pays all the outstanding in respect of all the
pledge loans availed by him / her.
L) The power of attorney holder nominated by the borrower under the terms of the
irrevocable general power of attorney shall always act and exercise the powers
conferred upon him / her in consultation and coordination with Shriram City.
M) The rights vested with Shriram City in terms of this agreement can be exercised or
invoked by Shriram City in its best discretion either unilaterally or in consultation
with the borrower. The decision of Shriram City to act unilaterally or in
consultation with the borrower shall be final and it shall not be called in question
by the borrower under any circumstances whatsoever.
N) If the borrower is desirous of challenging any third party claim to the pledged
jewellery, he shall do so in writing to Shriram City setting out the grounds of such
challenge. However the borrower's written challenge to any third party claim shall
be entertained by Shriram City only if the borrower pays to Shriram City all the
amounts outstanding in respect of the particular pledge loan.
10) Shriram City shall issue a separate pawn letter for each pledge in duplicate and deliver
the original to the borrower; such pawn letter will be prima facie proof of pledge.
11) The borrower is entitled to pay-off all the dues to Shriram City and redeem his / her
jewelleries pledged by him / her.
12) Upon redemption of the pledge loan, the pawn letter shall be surrendered to Shriram City.
Without the production of the original pawn letter, the borrower will not be permitted to
redeem the pledge loan.
IN WITNESS WHEREOF THE PARTIES HERETO HAVE SET THEIR HANDS TO THESE
PRESENTS ON THE DATE, MONTH AND YEAR HEREIN BEFORE MENTIONED.
WITNESSES BORROWER
1.
SHRIRAM CITY UNION FINANCE LTD2.
POWER OF ATTORNEY
Know all men by these presents that I, …………………………………. son /wife /daughter of
………………………………….aged …….. years and residing at
…………………………………. do hereby execute this power of attorney appointing and
nominating Mr./Ms.……………………………. S/o / W/o / D/o ……………………………….
as my power of attorney holder to act in my name and on my behalf;
Whereas I have availed several personal loans from Shriram City Union Finance Ltd on a
regular basis,
Whereas I have executed a general loan agreement in favour of Shriram City Union
Finance Ltd evidencing the series of loan transactions,
Whereas I have also pledged my own jewelleries from time to time with Shriram City
Union Finance Ltd as security for the loan availed by me,
Whereas I have redeemed such of those items of jewellery from Shriram City Union
Finance Ltd in respect of which I have paid off the loan in full.
Whereas at any point of time there remains pledged with Shriram City Union Finance Ltd
some items of jewelleries as security for the loans that remain unpaid
Whereas as per the terms of the loan agreement I have to execute a general power of
attorney in favour of a nominee of Shriram City Union Finance Ltd conferring power of sale in
respect of the jewelleries that still remain in pledge with Shriram City Union Finance Ltd.
NOW THIS POWER OF ATTORNEY WITNESSETH AS UNDER:
I, …………………………………. son/wife/daughter of . ……………………………….
here by appoint and nominate Mr/Ms . …………………………………………………….…….
S/o / W/o / D/o ………………………………….as my power of attorney holder to act in my
name and on my behalf and more particularly to do the following acts:
1) To sell the pledged jewelleries either in public auction or by way of private treaty
or negotiations.
2) To determine or fix the minimum price for each item of jewelleries or for the
whole lot of the pledged jewelleries in his / her discretion.
3) To receive the sale price from the prospective purchaser or purchasers.
4) To handover physical possession of the jewelleries to the prospective purchaser or
purchasers.
5) To obtain proper documentation evidencing the sale of the jewelleries to the
prospective purchaser.
6) To appropriate the sale proceeds towards the loan outstanding.
7) To deal with any third party claims to the pledged jewelleries without reference to
me.
8) To deal with the person who raises such third party claims to the pledged
jewelleries without reference to me.
9) To enter into any kind of arrangement with such person who raises such third
party claims to the pledged jewelleries without reference to me.
10) To entertain and assess such third party claims independently without reference to
me with respect to tenability, admissibility and genuineness of such claims.
11) To dispose of and/ or deal with the pledged jewelleries in his / her discretion
without reference to me having regard to the tenability, admissibility and
genuineness of the claims of any third party to the pledged jewelleries.
12) To accept payments of money from such persons who lay claims to the pledged
jewellery and appropriate the proceeds towards the amounts due by me on
account of the pledge of such jewellery without reference to me.
13) To issue full discharge receipt to SUCR third party who pays the amount
outstanding in any pledge loan and return the pledged jewellery to such third
party after obtaining proper documents without reference to me.
14) To exercise all the powers and rights that I may have in the event of any third
party claim to the pledged jewellery.
15) To take or initiate all such steps as may be available including legal proceedings
in appropriate court of law to protect the interests of Shriram City Union Finance
Ltd in case of any third party claims to the pledged jewelleries without reference
to me.
16) To appoint advocates and sign vakalath
17) To sign and verify plaints, written statements, affidavits, petitions and all other
forms of pleadings.
18) To initiate and file suits, appeals, revision petitions, insolvency proceedings, writ
petitions, writ appeals, special leave petitions and the like in all competent court
of law.
19) To submit to arbitration
20) To enter into compromise in all legal proceedings in all courts of law.
This power of attorney shall be irrevocable and shall be in force so long as lower amounts
to Shriram City Union Finance Ltd on account of the loans availed by me.
I hereby undertake to ratify all such actions as may be done or initiated by the power of
attorney holder in the exercise of powers hereby conferred upon him.
IN WITNESS WHEREOF I, …………………………………. HAVE SET MY HANDS
TO THESE PRESENTS ON THIS DAY OF ………………………………….201 ….
WITNESSES:
1.
2.
SIGNATURE OF THE BORROWER
GENERAL POWER OF ATTORNEY
THIS GENERAL OF POWER OF ATTORNEY is executed on this _______________ day of
__________.2012, by Son of ____________________, Hindu / Christian / Muslim; aged about
___ years, residing at __________________, hereinafter called the PRINCIPAL
WHEREAS
A) I am carrying on the business of licensed Pawn broker bearing No. ______________
under the name and style of
________________________________________________________________________
(address of the shop business)
B) Since I am often out of Station due to my business engagements and pre-occupations, I
am personally unable to attend to my day to day affairs and for reasons of convenience it
is necessary that I should appoint an attorney and confer upon him the power as
hereinafter stated.
KNOW ALL MEN BY THESE PRESENTS that I the said
________________________ (Principal), do hereby nominate, constitute and appoint
________________________ (Agent) Son of ____________________________Hindu/Christian
/ Muslim, aged about ____ years, residing at
__________________________________________________________________________ who
is none other than my employee/relation working in my aforesaid concern for and on behalf of
me, as my true and lawful / POWER OF ATORNEY for me and in any of the said capacities and
in the name and on behalf of me to do, exercise, execute and perform all or any of the following
acts. deeds, and things, namely:-
1. To pledge gold jewels, on my behalf, genuine in nature, and under my lawful possession
and deposit the same with M/ s. Shriram City Union Finance Limited having office at
_______________________ in consideration of money lent by the said M/ s. Shriram
City Union Finance Limited, holding the jewels as security by way of pledge for securing
the said loan repayments by me and on my behalf
2. To borrow money or moneys from time to time from MI s. Shriram City Union Finance
Limited against the gold jewels, genuine in nature, belonging to me and to execute, sign
the necessary documents and, forms etc., and register mortgage, charges, transfer and I or
give other security or securities by any other deed or deeds on such terms and conditions
as my said power of attorney may think fit and proper.
3. To enter into, sign, execute, any agreements, pro note, receipt, lien letter, etc., in that
regard on such terms and conditions, as my said power of attorney may think fit and
proper with MI s. Shriram City Union Finance Ltd.,
4. To pay the installment due to M/s. Shriram City Union Finance Limited on the respective
due dates without default according to the terms and conditions of the agreements entered
thereon.
5. That in case of default of repayment of loan along with interest and other expenses
thereon with specified period, by my agent, the aforesaid M/s. Shriram City Union
Finance Limited shall be authorized to sell the aforementioned gold jewels and out of the
sale proceeds after defraying all costs and expenses of the said sale appropriate the same
towards the interest and the Principal amount of the loan.
6. To receive such documents I letters I notices sent on my behalf in connection with the
loan transaction.
7. To agree to charge or pay any interest or other considerations for the said loan and I or
advance and to vary such rates of interests or consideration from time to time.
8. To receive back the said gold jewels, that had been pledged, hypothecated, mortgaged,
charged or in any other manner encumbered, by paying all dues that are payable to
M/s.Shriram City Union Finance Limited and give due acknowledgement on my behalf.
9. To remit, reduce or settle any claims of monies, losses and / or damages.
10. To institute or defend appropriate legal proceedings, sign Vakalath, engage counsel, enter
into compromise or compromises with regard to these presents.
11. That the Power of Attorney shall keep a true and correct account of all income and
expenditure and shall render an account of all income and expenditure whenever asked
for by me.
12. No consideration has been passed form me to the Power of Attorney in executing this
Power of Attorney Deed and there has been no transfer of any title from me to the Power
of Attorney through this Power of Attorney Deed.
13. And generally my said POWER OF ATTORNEY AGENT shall have the powers to do
all such acts, deeds and things on my behalf as I could have lawfully done, if personally
present.
And I do hereby for myself, my heirs, executors, administrators and legal representatives
ratify and confirm and agree to ratify and confirm all and whatsoever my said POWR OF
ATIORNEY shall lawfully do or cause to be' done by virtue of these presents.
IN WITNESS WHEREOF, I HAVE SIGNED THIS DEED OF GENERAL POWER OF
ATIORNEY ON THIS _______________ DAY OF _______________ 2012, IN THE
PRESENCE OF THE FOLLOWING WITNESSES.
WITNESSES PRINCIPAL
1.
2.