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  • Clause Regarding Rendering of Services

    Clause Regarding Rendering of Services Whereas, ABC desires to obtain the benefits X’s experience in manufacturing the pressure pipes. …………………………………………………………………………………………… 1.     J.M. shall furnish to ABC such technical advice and assistance to enable ABC to manufacture products of the same quality which are manufactured and sold by X……… “the certain formula; specifications for machinery and equipment ; production line layout ; raw material specification ; technical information necessary to the processing and manufacture of such products; installation and erection of buildings, machinery and/ or equipment; and assistance to a reasonable extent in the preparation of drawings, plans and specifications for the buildings, machinery and equipment other than architectural design of buildings and detailed mechanical design of machinery and equipment not developed by J.M. ; advice and assistance in the employment of qualified personnel by ABC ; technical training in accordance with X’s current customs in such circumstances for employees of ABC so as to qualify them to matters relating to the manufacture of such products ; access for the access for the officers and key employees of ABC to those portions of the factories of X and of its wholly owned subsidiaries in the United States of America where products are commercially manufactured ; and assistance in the selection and purchase of ingredients required in the manufacture of such products ; Making available to ABC the services of the Johns-Manville Research Laboratories at Manville, New Jersey, to a reasonable-extent such as a now rendered in connection with similar products manufactured by X’s wholly –owned subsidiaries in the United States of America, for the purpose of testing and analyzing products manufactured or sole by its competitors, in any, in India; Making available to ABC a reasonable number of copies from time to time of technical sales literature made available by X or by any of its wholly-owned subsidiaries to its or their customers in the United States of America for use by ABC as guides in preparing its own such sales literature, provided, however, that ABC shall not distribute, reproduce for distribution, or copy the same in whole or in part for distribution, to others without the prior written consent of X; and Granting permission for ABC in its advertising and sales literature regarding products, and upon products and packages and samples thereof, to use any of the following expressions : A.    ‘Manufactured by the Johns-Manville Process’(Or) B.    Manufactured in accordance with specification of ‘Johns-Manville’. (Or) C.    Manufactured in accordance with Johns-Manville technique’(Or) D.    any other phrase of similar import, upon obtaining prior approval of X’. On condition that ABC will not use either the initials ‘X” or the name “X’ in a trade mark sense indicating that X is the source of the products produced by ABC ; provided that X shall have the right at any time in its sole discretion to cancel the rights granted to ABC by this Paragraph 1.125 if the products manufactured by ABC shall, in the sole judgment of X, not in fact be manufactured in accordance with specifications and techniques of X or be of a quality inferior to products of the same similar kind manufactured by X or by its wholly-owned subsidiaries in the United States of America ; and provided further that ABC shall have to right under this agreement or otherwise to use or to register any trade marks, trade names, or other commercial marks or indicia of X or any translations, transliterations, variations or portions thereof, or any marks or indicia similar thereto or to use the name of X or of its subsidiaries in any manner whatsoever except as hereinabove expressly provided. No failure or delay on the part of X in exercising its right of termination hereunder for any one or more causes shall prejudice or be construed to prejudice its right to termination for such or for any other or subsequent cause. X shall grant to ABC non-exclusive licenses for the life of this agreement under any Letters Patent of India owned by X prior to the Seventh anniversary of the effective date of this agreement to enable ABC to manufactured, use and sell said products in India.” Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

  • PETITION BY DEBTOR TO BE DECIDED AN INSOLVENT

    PETITION BY DEBTOR TO BE DECIDED AN INSOLVENT  In the Court of District Judge of........................ Insolvency Case No. .................. of............... Expart the debtor  Per matter of debtor's petition for insolvency, per s. 13(1) of the Provincial Insolvency Act The humble petition of A resident at................................................................. and lately of...........(give address where debts were incurred)  Respectfully showeth:  1. That the applicant, who is living and residing ordinarily (or doing business, or personally working for gain, or in custody) at ........................................................................................................................being unable to pay his debts exceeding Rs. 500 praying for order of decision against him in the circumstances stated hereunder.  2. That on or about............ day of .......... the applicant was arrested and sent to prison at....................... in executing a decree for Rs........................ dated ...................... made in suit No. …………….......... of………………………................) per order dated ................................ passed by.....................................or fas the case may be) the movable/immovable property of applicant as (give short details) stands attached, which attachment is still subsisting,  3. The amount/details of all financial claims against applicant, along with names/residences of his creditors, are given below:  4. The following being details of debts/claims outstanding against the applicant. Names, occupation and address of creditors, details of amounts due with securities. 5. The following being the details of property belonging to applicant and their related values. (1) Household furniture, utensils, etc., all worth about...................................... (2) One house at...................................... worth about…………………………........... The whole of above property, which is located at, etc., has been truly stated for which applicant is willing to surrender and put them completely at the disposal of this court, The applicant prays that the court may be pleased to decide him insolvent.  Verification I, ………………………………………………………….. son of.................................................. aged about ............... years by occupation service residing at ................................................................................................ do hereby solemnly affirm and say as under: I am petitioner No. 1 named above and I know and I have acquainted myself with the facts and circumstances of this case. The statements in paragraphs 1 to 5 are true to my best knowledge and belief. verified and signed on this ............... day of..................... at the Court House at............................ Before me Notary Signature of A Signature of Advocate  Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

  • PETITION BY DEBTOR TO DECLARED INSOLVENT

    PETITION BY DEBTOR TO DECLARED INSOLVENT  IN THE COURT OF District Judge _________________ Insolvency Petition No. _______. of 20_______ …………………………….. aged. _______ years, son of. _______, resident……………………………… ……………………………………………………………..Debtor-Applicant;                                      Versus 1. ……………………………………………….….,  aged_______ years,  son of ______________________,  resident of ____________________  2. ………………………………..,  aged _______ years,  son of _______,  resident of_______. etc.  ……………………………………………………………Creditor—Opposite Party.  In the matter of the Insolvency of. . . . . . . . The Provincial/Presidency  Towns Insolvency Act.  The abovenamed Debtor-Applicant begs to state under the provision of Section _______ of the _______ Insolvency Act as hereunder:  1. That the petitioner is unable to pay his debts.  2. That the ordinary residency of the petitioner is (or that the petitioner carries on business or personally works for gain at _____________________.___) ________________________ (or if he has been arrested). That the petitioner was arrested or imprisoned and is in custody at ________________  3. That in execution of a decree standing against your petitioner, (Execution Case No. _______of _______ of the Court of. ______________), your petitioner was arrested and ordered to be sent to civil imprisonment (or that in execution of a decree standing against your petitioner) (Ex. Case No _______ of _______ of the Court of _______) your petitioner’s property has been attached. 4. That the total extent of the indebtedness of your petitioner is Rs._____________ detail whereof, together with the names and residences of his creditors so far as they are known or can, by the exercise of reasonable care and diligence, be ascertained by him given in Schedule ‘A’ hereto. 5. The entire assets of your petitioner consist of a cash sum of Rs._____________ and property the value of which and the place or places at which such property is to be found is given in Schedule ‘B’ hereto. 6. That your petitioner hereby declares his willingness to place at the disposal of this court all such property save insofar as it includes such property as is exempted by the Code of Civil Procedure, 1908, or by any other enactment for the time being in force from liability to attachment and sale in execution of a decree.  7. That the petitioner has not filed any application for adjudication as an insolvent in this or any other court. (If there has been any previous application give full particulars and result.) The petitioner, therefore, prays for an order of adjudication as an insolvent. Sd. ………………………..  Dated. _______  Petitioner.  VERIFICATION I, ………………………….……………………….., the petitioner named in the above application, do hereby at _______, verify that the contents of Paras _______ of the above application are true to my knowledge and that the contents of Paras _______ of the same application are believed by me to be correct. Signed, dated and verified at._______ the _______ day of _______, 20 _______SCHEDULE      A:  Sd. …………………………..  SCHEDULE     B:  Petitioner.  Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)

  • PETITION FOR DISCHARGE OF INSOLVENT

    PETITION FOR DISCHARGE OF INSOLVENT  IN THE COURT OF THE DISTRICT JUDGE,______________.  Civil Misc. Petition No _______of 20 _______ ……………………………………….……………………………………………_______ Debtor-Petitioner;  Vs. 1. …………………………………………………………………………………………… 2. …………………………………………,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,…….. Creditor-Respondents. Petition under Section 41, Provincial Insolvency Act. The Petitioner-Insolvent states as under: 1. That the petitioner was declared and adjudged insolvent by this court under orders dated _______ in the present insolvency case. Under the same orders the petitioner was directed to apply for discharge within a period of one year from the date of the order aforesaid. 2. That during the period of 10 months from the date of the order aforesaid, the petitioner has been able to pay off all the creditors’ debts, to the extent of 90 paise in a rupee. 3. That during the said period the petitioner has been endeavouring to pay off the debts of the creditors as much as he could possibly do. It is, therefore, prayed that an order of discharge be passed in favour of the petitioner in respect of the earnings and income which may hereafter become due to the petitioner and with respect to the property to be acquired by the petitioner hereafter. Dated. _______ Petitioner.  VERIFICATION Petitioner.  Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

  • PETITION BY CREDITOR TO DECIED DEBTOR INSOLVENT

    PETITION BY CREDITOR TO DECIED DEBTOR INSOLVENT  In the Court of the District Judge of ………………............ at......................................  Insolvency Case No. .........................  ex parts AB the creditor In re: A Name with address of the debtor  In the matter of decision for insolvency of the debtor under s. 13 (2) of the Provincial Insolvency Act Respectfully sheweth:  1. That the above-named debtor CD who ordinarily residing at…………………………………………………..........(for doing business or personally working for gain at...............................................................................) is really  and justly indebted to applicant to the tune of Rs. ........................... for principal with Rs. ............... for interest due on a pronote executed by CD favouring the applicant on the .................. day of............... 2. That on the .................. day of .................. when the applicant calling at said premises and demanded payment of amount due under the promissory note, the said CD served notice to the applicant that the said CD has stoped payment of his debts.  3. That the said debtor has, by three months prior date of presentation of this petition, committed inter alia the following insolvency acts (describe shortly the action of insolvency), e.g. (i) The said debtor has moved from his usual place of business/residence at …………………................. and/or kept or absented himself separated therefrom with intent to deprive his creditor of all types of correspondence. (ii) Give other actions of insolvency, if any.  The applicant hence prays that this court may be pleased to decide CD an order realisation of all his assets/distribution the same between all his creditors.  Verification I, AB, son of...................................................... aged ......... years by occupation business  resident at............................................................................................................................................ do hereby solemnly affirm and say as follows:  I am the petitioner named above. I know the facts/circumstances of this case and I am able to depose thereto. The statements in paragraphs 1, 2 and 3 stated above are true to my best knowledge and believed and true. I have not suppressed any material fact.   I signed this Verified on this ........... day of............ at the Court premises at…….(place). Before me         Notary Signature of A  Signature of the Advocate  Named in the Schedule in the presence of:  Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

  • Demand Notice Under IBC

    Demand Notice Under IBC Download Word Document In English. (Rs.60/-) Download PDF Document In Marathi. (Rs.50/-) IF  A DEMAND NOTICE UNDER IBC RETURNS UNDELIVERED THEN WHAT ARE THE REMEDIES AVAILABLE? As a matter of law, a demand notice must be effectively delivered upon whom it is intended for and issued for delivery. Rule 5 (2) of Rules, 2016 requires the delivery of the demand notice to the corporate debtor in the following manner: a.) at its registered office by hand, registered post or speed post with acknowledgement due or, b.) by electronic mail service to a whole time director or designated partner or key managerial personnel, if any, of the corporate debtor. In Alloysmin Industries Vs. Raman Casting Pvt. Ltd.,Company Appeal (AT) (Insolvency) No.684 of 2018, NCLAT has illustrated the essential requirement of service of demand notice under Section 8 of the Code upon the corporate debtor meaning that the corporate debtor should be made aware of the Demand Notice by duly serving it upon them. It also held that as long as the demand notice is served upon the corporate debtor, either at the registered office or corporate office, or both, it shall be considered as a valid proof of service under Section 8 of IBC. The NCLAT in The Sandesh Ltd vs. Realm Media Solutions Pvt. Ltd. Company Appeal (AT)(Ins) No. 222 of 2018, in its order dated 14.03.2019, held that"when the Operational Creditor is able to prove that the Corporate Debtor is deliberately avoiding the service of the notice, then the Adjudicating Authority may allow for the publication of the notice in the newspaper and if even after that the Corporate Debtor fails to appear, then the Demand Notice may be deemed to have been served on the Respondent." In Sh.Sharad Kesarwani Vs. M/s. Planetcast Media Services Ltd. & Anr. Company Appeal (AT) (Ins) No. 272 of 2018, NCLAT has elaborated the issue of service of Demand Notice under IBC. It was held that the Demand Notice under Section 8 has to be served at the current address of the Corporate Debtor for a valid service. In Krystal Integrated Services Pvt. Ltd. vs. Indiaontime Express Private Limited[2019] 216 CompCas 61, NCLAT was of a different view and held that "in absence of service of demand notice upon the Respondent – Corporate Debtor whose existence at the given address itself was doubtful, the Appellant – Operational Creditor was not entitled to seek triggering of Corporate Insolvency Resolution Process. Once application in prescribed form was filed by the Appellant, the Adjudicating Authority was empowered to reject the same for failure on the part of Operational Creditor to deliver demand notice to the Corporate Debtor." The main aspect which needs to be met always is that a demand notice should not be served in a mechanical manner rather it should be in an effective manner so that other person for whom it is meant is really aware that such a notice has been issued and served upon him. Hence, Courts have been diligent and always emphasised that it should be attempted and delivered with bona fide and it should reflect that it was only attempted technically to satisfy the pre-requirement of delivery of a demand notice under IBC before filing an application by an operational creditor. Therefore, any operational creditor should be cautious and must observe the same where a demand notice under IBC is sent but returns undelivered, then they should try to effectively deliver the notice as per the laws laid down by the Court for an effective delivery of a demand notice. WHO CAN SERVE A DEMAND NOTICE UNDER I&B CODE A demand notice under Section 8(1) of the I & B Code can be delivered by the person himself or by his duly authorised representative. CAN AN ADVOCATE SERVE A DEMAND NOTICE ON BEHALF OF AN OPERATIONAL CREDITOR? In Macquarie Bank Limited Vs Shilpi Cable Technologies Ltd. 2018 (145) SCL 236, the SC dealt with the issue as to whether an advocate can issue a demand notice on behalf of an operational creditor. The Court considered that the expression used is "demand notice is delivered" and not "issued". It also appreciated a vital aspect that Section 238 of I & B Code does not override the provisions of the Advocates Act. Hence, it validated the act to be as per the law. It is worthwhile to note that most of the operational creditors prefer and insist that the demand notice is delivered under the signature of a lawyer. The Court held that "Since there is no clear disharmony between the two Parliamentary statutes in the present case which cannot be resolved by harmonious interpretation, it is clear that both statutes must be read together. Also, we must not forget that Section 30 of the Advocates Act deals with the fundamental right under Article 19(1)(g) of the Constitution to practice one's profession. Therefore, a conjoint reading of Section 30 of the Advocates Act and Sections 8 and 9 of the Code together with the Adjudicatory Authority Rules and Forms thereunder would yield the result that a notice sent on behalf of an operational creditor by a lawyer would be in order." HOW MANY DAYS DOES AN OPERATIONAL CREDITOR HAS TO WAIT FOR BEFORE FILLING AN APPLICATION, AFTER SENDING A DEMAND NOTICE? As per Section 9 of the Code, an Operational Creditor can file an application for initiation of CIRP against the Corporate Debtor only after the expiry of 10 days from the date of delivery of demand notice to the Corporate Debtor. The SC in Macquarie Bank Limited (supra), held that it is only if, after the expiry of the period of the said 10 days, the operational creditor does not either receive payment from the corporate debtor or notice of dispute, that the operational creditor may trigger the insolvency process by filing an application before the adjudicating authority under Sections 9(1) and 9(2). Therefore, the waiting period of 10 days is mandatory in nature and any application filed prior to the same will be premature and will be liable for rejection by the Adjudicating Authority. A similar provision also exists under the Negotiable Instruments Act, 1881 wherein there is a restriction in filing complaint under Section 138 of the Act prior to the lapsing of the period of 15 days. Validity of a demand notice under the Insolvency and Bankruptcy Code 2016 (“IBC”) issued by a lawyer on behalf of his client  came under the consideration of National Company Law Appellate Tribunal (“NCLAT”), the appellate tribunal under IBC, in recent cases. Section 8 of the IBC Code mandates that to initiate a corporate insolvency resolution process under IBC, an operational creditor has to serve a demand notice in the prescribed format to the operational debtor. The issue came up for the first time before NCLAT in August 2017 in Uttam Galve Steels Limited v. DF Deutsche Forfait AG & Anr.[1] In this case, NCLAT was considering an appeal filed against an order of the National Company Law Tribunal, which admitted an application filed by the operation creditor under the IBC. One of the contentions of the appellant (debtor) was that the demand notice was not issued by the respondent (operation creditor) but through their lawyer, who was not an authorized person. While considering this contention, NCLAT examined the formats of demand notices under IBC and held that demand notice/invoice needs to be issued either by the operational creditor or by a person who is authorized to act on behalf of the operational creditor. NCLAT held that a demand notice is different from a lawyer notice. An advocate/company secretary/chartered accountant can send demand notice on behalf of corporate debtor only if he has the authority of the board of directors of the debtor. Further, he also has to state his position or relation with debtor in the demand notice. In the absence of such authority, his notice is not as per the format prescribed under IBC and not invalid. While laying down the judgment, NCLAT stipulated the following: On occurrence of default, the operational creditor is required to deliver the demand notice/invoice of unpaid operational debt to the corporate debtor in Form 3/Form 4 stipulated under Rule 5 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016. Through the said formats, the corporate debtor is to be informed of particulars of operational debt, with a demand of payment, with clear understanding that the operational debt (in default) is required to be repaid unconditionally within ten days from the date of receipt of notice, failing which the operational creditor will initiate a corporate insolvency process against the debtor. Only if the demand notice is served in such form and manner, the corporate debtor will understand the serious consequences of non-payment of operational debt, which is the initiation of resolution process without any opportunity to contest unless there is any existing dispute. Otherwise, the debtor may decide to contest the demand notice, as in the case of any normal legal notice, at the time of filing the suit/case. Hence, it was held that a lawyer/chartered accountant/company secretary, in absence of any authority of the board of directors and holding no position with or in relation to the operational creditor, couldn’t issue a demand notice under Section 8 of the IBC. The issue again came up before NCLAT in November 2017 in Senthil Kumar Karmegam v. Dolphin Offshore Enterprises & Anr[2]where it was held that insolvency resolution process cannot be initiated by a demand notice sent by an advocate of the operational creditor to the debtor when there was nothing on record to suggest that the advocate in question held any position with or in relation to the operational creditor. The issue once again came up before NCALT in November in Goa Antibiotics & Pharmaceuticals Ltd v. Lark Chemichals Pvt.Ltd .[3] where it was held that initiation of insolvency resolution process on the basis of a demand notice issued by a law firm is invalid, even if the said law firm is authorized by a board resolution of the creditor. In the current case, the appellant debtor’s counsel submitted that the demand notice was not issued by the operational creditor but by a law firm and in the said demand notice, the law firm had not mentioned its position and relation with the operational creditor. The respondent operational creditor’s counsel, however, relied on board resolution of the respondent and submitted that by the said resolution the respondent authorized the concerned law firm to send the demand notice on behalf of the respondent to the appellant. NCLAT, reiterating its view taken in Uttam Galve Steels Limited, held that there was nothing on record to suggest that the law firm, which issued the demand notice, held any position with or in relation to the respondent and hence, the demand notice was not issued in mandatory Form 3/Form 4. Accordingly, NCLAT dismissed the initiation of resolution process against the Respondent. The above judgments of NCLAT currently settle the law that a lawyer/company secretary/ chartered accountant cannot send a demand notices on behalf of operational creditor unless he is authorized by a board resolution (in the case of corporate creditor) and the demand notice has to clearly state the position or relation he holds with the operation creditor. [1] Company Appeal (AT) (Insolvency) 39 of 2017 [2] Company Appeal (AT) (Insolvency) No. 154 of 2017 [3] Company Appeal (AT) (Insolvency) No. 184 of 2017 has filed an application Under Section 9 read with Rule 6 of the Insolvency and. Bankruptcy ... IBC,2016 disputing the whole claim. It is stated that the ... After pointing out to the corporate debtor that reply to the demand notice was given in time .

  • Indemnity for Loss of Allotment Letter

    Indemnity for Loss of Allotment Letter To M/s. XYZ and Company Ltd .......... Sir I have paid a sum of rupees ........ towards the price of ........ shares out of the recent issue of shares made by you and you have allotted to me ........ shares by your letter of Allotment No ......... dated . ....... received by me. You have now requested me to return the said letter of allotment in exchange of the share certificate for the said shares. I have informed you that the said letter o ]'allotment is lost or misplaced and by your letter dated ........ you have agreed to issue the Share Certificate in respect of the said ........ shares against my indemnifying you for any loss your may suffer or incur on account of any claim made against you by any body else on the strength of the said allotment letter. I have therefore to state that 1 hereby agree to indemnify you and keep you indemnified against all loss. costs, charges and expenses which you may suffer or incur on account of any body making a claim to the said shares issued to me on the strength of the said allotment letter above mentioned. Yours faithfully, Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

  • Indemnity for Loss of Deposit Receipt

    Indemnity for Loss of Deposit Receipt Deed of Indemnity is made at ...... this day ...... of ...... between Mr. A residing at ..... hereinafter referred to as 'the Party of the First Part of the One Part and M/s. AB & Co. Ltd., a Company registered under the Companies Act, 1956 and having Its registered office at ...... hereinafter referred to as 'the Company' of the Other Part. Whereas the Party of the First Part had deposited with the Company a sum of Rs. .... as a fixed deposit for a period of three years and repayable with interest at 14% per annum. And Whereas the Company had issued to the Party of the First Part a Fixed Deposit receipt for the said amount on the .... day of ..... and bearing No.... And Whereas the said period of the Fixed Deposit has expired and the Party of the First Part had demanded back the amount but he had not been able to produce the original receipt as the same is said to be lost or misplaced. And Whereas at the request of the Party of the First Part the Company has agreed to pay the said amount of Rs ........ on the Party of the First Part agreeing to execute this Deed. NOW THIS DEED WITNESSETH that pursuant to the said Agreement and in the premises the Party of the First Part hereby agrees to Indemnify and keep indemnified the Company against any loss, costs, charges and expenses that the Company may suffer or incur on account of any claim being made by any other person claiming to be the holder of the said Fixed Deposit Receipt by endorsement or otherwise and the Company being required to make payment of the amount of the said Fixed Deposit receipt to such person And the Party of the First Part undertakes that in the event of the original Fixed Deposit receipt being found the same will be returned to the Company duly discharged, forthwith. IN WITNESS WHEREOF the Party of the First Part has put his hand the day and year first hereinabove written. Signed and delivered by the withinnamed Party of the First Part Mr. A ....... in the presence of Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

  • Indemnity by a Land Owner Whose Title is in Dispute

    Indemnity by a Land Owner Whose Title is in Dispute This Deed of Indemnity is made at ......... this ........ day of ......... between Mr. A residing at ......... hereinafter referred to as 'the Land Owner' of the One Part and Mr. B residing at ...... hereinafter referred to as 'the Tenant' of the Other Part. Whereas the Landowner claims to be the absolute owner of an immovable property consisting of land and building. situate at ..... bearing S. No. and House No ...………… and Whereas the Tenant is occupying one tenement in the said building being Flat No.... on ....... floor thereof. and Whereas the title of the Landowner is disputed by another person namely Mr. ..... who claims to be the real owner of the said property and has objected to the tenants in the property paying rent to the Landowner. and Whereas the Landowner has requested the Tenant to pay the rent to him as he is In any event an ostensible owner of the said property and has agreed to indemnify the Tenant against any loss that he may suffer due to his paying the rent to the Landowner. and Whereas the Tenant has agreed to do so on the Landowner executing this Deed. Now This Deed Witnesseth that pursuant to the said agreement the Land owner doth hereby agree to indemnify and keep indemnified the Tenant and covenants with the Tenant that in the event of the Tenant paying the rent to the Landowner of the said premises occupied by him in the said building and thereby suffering or incurring any liability or loss on the ground that the payment of rent is wrongly made to the Landowner he shall make good the loss, costs, charges and expenses that the Tenant may incur or suffer on account of paying the rent of the said premises to the Landowner.' IN WITNESS WHEREOF the Landowner has put his hand the day and year first hereinabove written. Signed and delivered by the with in named Landowner Mr A in the presence of ....... Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

  • Indemnity Given to the Bank by the Natural Guardian of Minor Children

    Indemnity Given to the Bank by the Natural Guardian of Minor Children To, The .......................................... ......................................... Bank, ...................................... Branch, . .................................................. Dear Sirs, Whereas Shri ........................ son of late Shri ....................... resident of ................................ was having a fixed Deposit No....................... dated ...................... for ................ years ........ % interest per annum and the said fixed deposit has become due on ……........... The said Shri ......................... had not nominated anybody to receive the proceeds of the said Fixed Deposit Receipt on his death under the Banking Companies (Nomination) Rules, 1985. And Whereas the said Shri ......................................... expired on ...................... leaving Smt .......................................... and his minor son Master .................... as his only legal heirs in accordance with Hindu Law, by which the said Shri .......................... was governed at the time of his death. And Whereas the said Smt. ........................... has applied to you to pay the Maturity proceeds of the said FDR viz. Rs. ................ to me for myself and as mother and natural guardian of my minor son ........................... without insisting on the production of legal representation to the estate of the deceased Shri ......................................... which you have agreed to pay on condition inter aria, on my executing this Letter of Indemnity with two sureties. Now This Letter Of Indemnity Witnesseth That in consideration of your agreeing to pay to the said Smt................................... for herself and in her capacity as mother and natural guardian of her minor son Master ............................. the said sum of Rs.................. being the maturity proceeds of the Fixed Deposit Receipt No ........................ dated ............... for Rs ............... We (1) Smt ....................... the claimant aforesaid and (i) .................... and (ii) .................. as sureties hereby bind and oblige ourselves, our heirs, executors, legal representatives and assigns jointly and severally to indemnify and keep indemnified the ................... Bank, its successors and assigns of, from and against all claims, demands, actions, proceedings, losses, damages, costs, charges and expenses which may be made, or brought or commenced against the ...................... Bank or which the ...................... Bank may have to pay, incur or suffer as a result (direct or indirect) of the payment to the said Smt ................................ the aforesaid sum of Rs .................. IN WITNESS WHEREOF, we (1) Smt ...................... and (i) .................. and ........................... aforesaid have subscribed our names hereunto on this ............................. day of ................. 2000. Signed and delivered by the within named Smt. ................................... Signed and delivered by the within named Shri ......................................... (First Surety) Signed and delivered by the within named Shri ......................................... (Second Surety) WITNESSES; 1. 2. Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

  • Deed of Indemnity by the Seller of a Flat to the Purchaser about the defence in Title

    Deed of Indemnity by the Seller of a Flat to the Purchaser about the defence in Title This Deed of indemnity is made at ....................... on this ............. day of ........................, 2000, between Shri A, son of B, resident of ................... hereinafter called "the Seller" (which expression shall, unless it be repugnant to the context or the meaning thereof mean and include his heirs, executors, administrators and assigns) of the One Part and Shri C, son of D, resident of ............................... hereinafter called "the Purchaser" (which expression, unless it be repugnant to the context or the meaning thereof mean and include his heirs, executors, administrators and assigns) of the Other Part. Whereas the Seller has entered into an agreement with the Purchaser for selling House no................ constructed on the Plot No................... Survey No. .............. situated at …………………………………............... in the Registration District and Sub-District of ..................... And Whereas the Seller has represented that his title to the said house is clear, marketable and free from encumbrances, but the owner has misplaced the sale deed dated ...................... executed by Shri ............................ in favour of the Seller and other title documents to the said house. And Whereas the Seller has represented that he has not created any charge, mortgage or encumbrance over the said house and has requested the Purchaser to purchase the said house without insisting upon the title deeds of the said house upon the seller giving an indemnity indemnifying the purchaser from any demand, claim, action or rights from any person claiming to be entitled to any right, title or interest in the said house and/or in the event of anybody claiming any charge, lien, mortgage or encumbrance on the basis of deposit of title deeds. And Whereas the Purchaser has agreed to purchase the said house without insisting on the title deeds of the said house, upon the said seller agreeing to indemnify the Purchaser in the manner hereinafter referred to. Now This Deed Witnesseth As Follows: 1. That in pursuance of the said agreement and in consideration of the Purchaser not insisting for the title deeds and other documents in respect of the said house, the Seller hereby covenants with the Purchaser that the Seller will at all times hereafter indemnify and keep indemnified the Purchaser against all claims, demands, actions, proceedings, losses, damages, costs, charges and expenses which may be brought or commenced against the Purchaser or which the Purchaser may or may have to incur or may have to suffer as a result, direct or indirect, for non-production by the Seller of the title deeds in respect of the house. 2. The terms "Seller" and "Purchaser" include their and each of their respective heirs, successors, executors, administrators and assigns. IN WITNESS WHEREOF, the parties hereto have signed these presents on the day and year hereinabove written. Signed and delivered by A, the within named Seller Signed and delivered by C, the within named Purchaser WITNESSES; 1. 2. Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

  • Indemnity given to Bank for Issue of a Duplicate Bank Draft

    Indemnity given to Bank for Issue of a Duplicate Bank Draft TO,  The Branch Manager, ......................... Bank, ......................... Branch, ...................................  Dear Sir,             In consideration of your agreeing to issue me a duplicate of Demand Draft No. .................. on .................... Bank .......................... for Rs. ........... (Rs. ......................................... only) and issued in my favour, which has been lost or misplaced by me, I, hereby agree to hold you (the ....................... Bank), your successors, assigns, servants and agents harmless and indemnified from and against all consequences that may arise from the ...................... Bank so issuing me a duplicate of Bank Draft and from the payment by the ..................... Bank of the original and from and against all losses, charges and expenses in connection with said bank draft or duplicate and I, the said .......... ......... further undertake to deliver to the bank the said original bank draft if and when found.             Dated at ........................... this .......... day of .............. 19 .........        Yours faithfully,  ……………………… Address: ......................................... . ........................................ Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

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