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- MORTGAGE BY CONDITIONAL SALE
MORTGAGE BY CONDITIONAL SALE This Deed of sale is made at………………this………………day of...............20 ………………between A, son of………………resident of.................... hereinafter called the "Vendor" of the ONE PART and A son of………………resident of……………… hereinafter called the"Purchaser" of the OTHER PART WHEREAS the Vendor is absolutely seized and possessed of or otherwise well and sufficiently entitled to the land and premises bearing Plot No ………………Survey No …………Municipal No ………………situated, being and lying at village………………Taluka…………Dist……... within the Registration District of………………and more particularly described in the Schedule hereunder written. AND WHEREAS the Vendor is in need of Rs . ………………for his business purposes and requested the purchaser to lend him the said sum, which the purchaser has agreed to do on the Vendor executing these presents. NOW THIS DEED WITNESSETH THAT in pursuance of the agreement and in consideration of the sum of Rs ……………….paid by the purchaser to the Vendor (the receipt of which the Vendor hereby acknowledges) the Vendor hereby transfers and delivers vacant possession of all that the land and premises more particularly described in the Schedule hereunder written, together with all the rights and privileges appurtenant thereto unto the said Purchaser to hold the same for ever subject to the condition that if and when the Vendor repays the said sum of Rs ………………with interest thereon at the rate of………………% per annurn compoundable annually, to the Purchaser on the………………day of 20 hereinafter referred to as the due date, the grant and transfer of the said property as hereinbefore provided shall become void and in that event the purchaser shall reconvey the said house and premises free from all encumbrances and redeliver vacant possession to the vendor together with the documents of title relating to the said house and premises and this deed and in case of default in payment of the said amount with interest aforesaid on the said date, the transfer hereby made shall become an absolute sale in favour of the Purchaser (2) The vendor hereby covenants with the Purchaser that he is the absolute owner of the said house and premises and that the same is free from any encumbrance, charge or lien whatsoever. (3) The purchaser shall keep the said house in tenantable condition and he shall bear the expenses for repairs and maintenance of the said house. The mortgagor shall also defray all taxes, assessments, land revenue and other charges payable in respect of the said house and premises to the State of………………Municipal corporation of………………or any other public or local authority. All the expenses incurred and payments made by the purchaser will be added to the said money and shall be recoverable with interest by the purchaser from the vendor (4) The Purchaser covenants with the vendor that he shall not let out the said house to any person or persons and he shall keep the said house in his own possession. (5) If the vendor makes default in paying the said money with interest on the due date as aforesaid, the purchaser shall have the right to foreclose the vendors equity of redemption IN WITNESS WHEREOF the parties hereto have hereunto set their hands the day and year first hereinabove written. The Schedule above referred to WITNESSES Signed and delivered by the withinnamed A 2 Signed and delivered by the withinnamed B Download Word Document In English. (Rs.40/-) Download PDF Document In Hindi. (Rs.40/-)
- Simple Mortgage Deed
Simple Mortgage Deed This Deed of Mortgage made at ...................... this ................ day of ................... Between X, son of ............................... resident of ............................ hereinafter called as a mortgagor of the ONE PART and Y, son of ...................... resident of .................. hereinafter called as a mortgagee of the OTHER PART. Whereas the mortgagor is absolutely seized and possessed of or otherwise well and sufficiently entitled to the house bearing municipal no................ situated on ........................ Road, ....................... more particularly described in the Schedule hereunder written; And Whereas the mortgagor has requested the mortgagee to lend him a sum of Rs. ........................ which the mortgagee has agreed on the mortgagor mortgaging his property. Now This Deed Witnesseth That in pursuance to the said agreement and in consideration of the sum of Rs. .................. at or before the execution of these presents paid by the mortgagee to the mortgagor (the receipt whereof, the mortgagor doth hereby admit and acknowledge and of and from the same hereby release and discharge the mortgagee), the mortgagor hereby covenants with the mortgagee that he will pay on the ..................... day of ................. (hereinafter called "the said date"), the said sum of Rs. ................. with interest @ ........ % per annum from the date of these presents till the repayment of the said sum in full, every quarter the first installment of interest to be paid on the ................... day of .......... 2000 and each subsequent installment on the ................ day of July, October, January and April of each succeeding year until the said sum is repaid in full. And This Deed Further Witnesseth That In consideration aforesaid, the mortgagor doth hereby transfer by way of mortgage his house bearing municipal no ................. situated on .............. Road . ...................... and more particularly described in the Schedule hereunder written as a security for repayment of the said sum with interest @ ................ per annum with the condition that the mortgagor, his heirs, executors, administrators or assigns shall on the said the pay to the mortgagee, his heirs, executors, administrators or assigns the said sum of Rs .............. together with interest thereon at the rate mentioned above, the said mortgagee, his heirs, executors, administrators, or assigns shall at any time thereafter upon the request and at the cost of the mortgagor, his heirs, executors, administrators or assigns reconvey the said house, hereinbefore expressed to be mortgaged unto or to the use of the mortgagor, his heirs, executors, administrators or assigns or as he or they shall direct. And It Is Hereby Agreed And Declared that if the mortgagor does not pay the said mortgage amount with interest when shall become due and payable under these presents, the mortgagee shall be entitled to sell the said house through any competent court and to realise and receive the said mortgage amount and interest, out of the sale proceeds of the house. And It Is Further Agreed And Declared by the mortgagor that during the period, the mortgage amount is not paid and the said house remains as a security for the mortgage amount, the mortgagor shall insure the said house and take out an insurance policy in the joint names of the mortgagor and mortgagee and continue the said policy in full force and effect by paying premium and in case of default by the mortgagor to insure or to keep the insurance policy in full force and effect, the mortgagee can insure the said house and the premium paid by the mortgagee will be added to the mortgage amount, if not paid by the mortgagor on demand. And It Is Further Agreed That the mortgagor can grant lease of the said house with the consent of the mortgagee in writing. And It Is Further Agreed by the Mortgagor that he shall bear stamp duty, registration charges and other out of pocket expenses for the execution and registration of this deed and reconveyance deed but however each party will bear cost and professional charges of his Solicitor/Advocate. IN WITNESS WHEREOF the parties have put their hands the day and year first hereunder written. The Schedule above referred to Signed and delivered by X the within named mortgagor Signed and delivered by Y the within named mortgagee WITNESSES; 1. 2 Download Word Document In English. (Rs.15/-)
- SIMPLE MORTGAGE DEED
SIMPLE MORTGAGE DEED This Deed of Mortgage made at………….. this…………..day of…………..Between X, son of…………..resident of...........................hereinafter called as a mortgagor of the ONE PART and Y, son of………….. resident of…………..hereinafter called as a mortgagee of the OTHER PART. WHEREAS the mortgagor is absolutely seized and possessed of or otherwise well and sufficiently entitled to the house bearing municipal no …………..situated on…………..Road…………..more particularly described in the Schedule hereunder written; AND WHEREAS the mortgagor has requested the mortgagee to lend him a sum of Rs . …………..which the mortgagee has agreed on the mortgagor mortgaging his property. NOW THIS DEED WITNESSETH THAT in pursuance to the said agreement and in consideration of the sum of Rs …………..at or before the execution of these presents paid by the mortgagee to the mortgagor (the receipt whereof, the mortgagor doth hereby admit and acknowledge and of and from the same hereby release and discharge the mortgagee), the mortgagor hereby covenants with the mortgagee that he will pay on the …………..day of …………..(hereinafter called "the said date"), the said sum of Rs …………..with interest@………….. % per annum from the date of these presents till the repayment of the said sum in full, every quarter the first instalment of interest to be paid on the…………..day of…………..20…………..and each subsequent instalment on the …………..day of July, October, January and April of each succeeding year until the said sum is repaid in full. AND THIS DEED FURTHER WITNESSETH THAT In consideration aforesaid, the mortgagor doth hereby transfer by way of mortgage his house bearing municipal no …………..situated on…………..Road…………..and more particularly described in the Schedule hereunder written as a security for repayment of the said sum with interest @………….. per annum with the condition that the mortgagor, his heirs, executors, administrators or assigns shall on the said the pay to the mortgagee, his heirs, executors, administrators or assigns the said sum of Rs…………..together with interest thereon at the rate mentioned above, the said mortgagee, his heirs, executors, administrators, or assigns shall at any time thereafter upon the request and at the cost of the mortgagor, his heirs, executors, administrators or assigns reconvey the said house, hereinbefore expressed to be mortgaged unto or to the use of the mortgagor, his heirs, executors, administrators or assigns or as he or they shall direct. AND IT IS HEREBY AGREED AND DECLARED that if the mortgagor does not pay the said mortgage amount with interest when shall become due and payable under these presents, the mortgagee shall be entitled to sell the said house through any competent court and to realise and receive the said mortgage amount and interest, out of the sale proceeds of the house. AND IT IS FURTHER AGREED AND DECLARED by the mortgagor that during the period, the mortgage amount is not paid and the said house remains as a security for the mortgage amount, the mortgagor shall insure the said house and take out an insurance policy in the joint names of the mortgagor and mortgagee and continue the said policy in Insurance of full force and effect by paying premium and in case of default by the Property by mortgagor to insure or to keep the insurance policy in full force and mortgager effect, the mortgagee can insure the said house and the premium paid by the mortgagee will be added to the mortgage amount, if not paid by the mortgagor on demand. AND IT IS FURTHER AGREED THAT the mortgagor can grant lease of the said house with the consent of the mortgagee in writing. AND IT IS FURTHER AGREED BY THE MORTGAGOR that he shall bear stamp duty, registration charges and other out of pocket expenses for the execution and registration of this deed and reconveyance deed but however each party will bear cost and professional charges of his Solicitor/Advocate. IN WITNESS WHEREOF the parties have put their hands the day and year first hereunder written. The Schedule above referred to WITNESSES 1 Signed and delivered by X the within named mortgagor 2. Signed and delivered by Y the within named mortgagee Download Word Document In English. (Rs.40/-) Download PDF Document In Hindi. (Rs.40/-)
- Deed of Usufructuary Mortgage
Deed of Usufructuary Mortgage THIS DEED OF USUFRUCTUARY MORTGAGE executed at __________ this ______ day of _______ 201__ between M/S. ABC LTD., a Company incorporated under the provisions of the Companies Act, 1956 having its registered office at _____________________________________, hereinafter referred to as “THE MORTGAGOR” (which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include its successors) of the ONE PART ; AND X Y Z of ___________, Indian Inhabitant, having his address at ____________________________________________________________________________ (which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include his heirs, executors, administrators and assigns) hereinafter referred to as “THE MORTGAGEE” of the OTHER PART; WHEREAS: (a) The Mortgagor is the Owner of and well and sufficiently seized and possessed of the property more particularly described in the Schedule hereunder written (hereinafter referred to as “the said property” ). (b) The Mortgagor being in need of finance for its business purposes, requested the Mortgagee to provide the said finance. (c) Pursuant to the said request of the Mortgagor, the Mortgagee agreed to lend and advance and have advanced to the Mortgagor a sum of R s . 5 0,00,000/- (Rupees Fifty lakhs only) against the security of the said property by way of usufructary Mortgage for securing repayment of the principal and interest thereof in the manner hereinafter appearing. NOW THIS INDENTURE WITNESSETH that in pursuance of the said agreement and in consideration of the sum of Rs. 50,00,000/- (Rupees fifty lakhs only) paid to the Mortgagor by the Mortgagee on or before execution hereof (the receipt whereof the Mortgagor doth hereby acknowledge and of and from the same doth hereby release and discharge the Mortgagee) THEY the Mortgagor doth hereby covenant with the Mortgagee that they shall pay to the Mortgagee the said sum of Rs. 50,00,000/- (Rupees fifty lacs only) together with interest thereof from the date hereof at the agreed rate of one (1) percent per month with monthly rest on or before ___________ (hereinafter called “the due date” ) and will also pay, after the due date, the said interest at the said agreed rate so long as the said sum of Rs. 50,00,000/- (Rupees fifty lakhs only) or any part thereof or interest thereof shall remain unpaid to the Mortgagee in the manner aforesaid AND IT IS HEREBY AGREED AND DECLARED that if any payment of interest is not made (whether formally demanded or not) it shall be added to the principal sum and compounded every month accordingly and shall be chargeable upon the mortgaged property herein for all intents and purposes, however, this provision shall not in any way permit the Mortgagor to allow any interest to fall in arrears nor shall it in anywise interfere with, prejudice, limit or affect the rights and remedies of the Mortgagee AND THIS INDENTURE ALSO WITNESSETH that the Mortgagor doth hereby grant release convey and assure unto the Mortgagee all and singular the said property more particularly described in the schedule hereunder written with all and singular the buildings, courts, compounds, yards, areas, ways, paths, passages, commons, gullies, sewers, drains, trees, plants, shrubs, wells, waters, water-courses, lights, liberties, privileges, easement, advantages and appurtenances whatsoever of and in or to the said property or any part thereof belonging or in anywise appertaing or usually held or enjoyed or occupied therewith or reputed to belong or be appurtenant thereto AND ALL the estate, right, title, interest, claim and demand whatsoever of the Mortgagor into and upon the said property and every part thereof (hereinafter referred as “the said premises”) TO HAVE AND TO HOLD the said premises hereby granted unto and to the use of the Mortgagee subject to the proviso for redemption next hereinafter contained AND FURTHER RECORD THAT the Mortgagor hath on execution hereof put the Mortgagee as usufructary Mortgagee in physical possession of the said property by handing over such possession thereof PROVIDED always that if the Mortgagor shall pay to the Mortgagee the said sum of Rs. 50,00,000/- (Rupees fifty lakhs only) on the ____________ day of ___________ 200 __ together with the agreed rate of interest and in the manner aforestated and also all other moneys by law or under these presents payable by the Mortgagor to the Mortgagee (hereinafter collectively referred to as “the Mortgage debt”) then and in such case the Mortgagee shall at the request, cost, charges and expenses of the Mortgagor release the said property by executing the Deed of Release and handover possession of the said property to the Mortgagor. And it is hereby agreed and declared that:— (a) The Mortgagee shall be entitled to recover the rents and profits of the said property to the exclusion of the Mortgagor and all persons claiming title under them and after paying therefrom the rates and taxes payable in respect thereof to the Government or any local authority and the expenses for recovering such rents and profits and for carrying out tenantable repairs as and when required and other expenses for protecting, preserving and maintaining the said property as a prudent man would do, he shall be entitled to appropriate the net income first towards payment of interest on the said principal amount as aforesaid and then towards the said principal amount or partly towards interest and partly towards the principal amount as he may in his absolute judgment think proper. (b) The Mortgagee shall be entitled to remain in possession of the said property until the time, out of the net income from the said property, the said principal amount with all accrued interest as aforesaid is repaid or recovered by him in full. (c) The Mortgagor hereby attars the tenants of the said property to the Mortgagee with full power and authority to him to receive and recover the rents from the occupants and other income there from and to take legal action against any of them for recovery of the rents or income payable by him as also to recover possession thereof and to do all acts and things necessary to be done in that behalf. (d) The Mortgagee will be entitled to let out any portions of the said property which is vacant or becomes vacant at reasonable rent by way of lease, tenancy, license or in any other manner on such terms and conditions as the Mortgagee may think fit and proper. (e) That the Mortgagee will maintain proper accounts of all sums received and spent by him while in possession of the said property and the Mortgagor will be entitled to ask for inspection thereof and make copies of such accounts. (f) The Mortgagee, at the cost and expense of the Mortgagor, will be entitled to insure the said property against loss of or damage to the said property by fire in the name of the Mortgagor or in his own name and in the event of recovery of any moneys under the policy of insurance to apply the same towards payment of interest in arrears and thereafter towards payment of the principal amount or in reinstating the property or repairing the same as he shall think fit. (g) The Mortgagee will also be entitled to the benefit of all accessions to the said property or any improvements made thereto during the period of this security provided further that if the Mortgagee has expended any money of his own in improvement effected to preserve the property from destruction or deterioration or from becoming insufficient security or in compliance with lawful orders, the cost thereof shall stand added to the mortgage debt carrying interest at the same rate and entitling the Mortgagee to claim the same from the Mortgagor. Further Agreed, Recorded and Confirmed as under:- 1. Once the Mortgagee has recovered his principal amount and interest and other moneys payable to him, he will re-convey the said property to the Mortgagor and shall deliver back possession thereof and he shall execute necessary documents in that behalf at the costs of the Mortgagor. 2. Notwithstanding any thing herein provided the Mortgagor will have the right to redeem the mortgage on the due date (by which time the mortgage debt is expected to be repaid out of the net income) upon payment of the balance, if any, of the Mortgage debt due and payable to the Mortgagee. 3. The Mortgagor hereby declares and covenants with the Mortgagee as follows:- (a) That the Mortgagee shall quietly possess and enjoy the said property and receive the rents, income and profits thereof without any lawful interruption or disturbance whatsoever by the Mortgagor or any person or persons lawfully claiming under from or in trust for them and shall be at liberty to pay all outgoings including taxes, cess, charges, rent, repairs, maintenance expenses etc. if any accruing due or incurred in respect of the said property during such possession and all expenses incurred for the management and preservation of the said property (forming part of Mortgage security) and appropriate the net income towards repayment of the mortgage debt as aforesaid. (b) That the Mortgagor has duly paid and discharged in full all the dues and liabilities in respect of the said Property including the Municipal outgoings, taxes, rates, maintenance charges etc. till date. (c) That its title to the said property is free from all encumbrances and reasonable doubts. (d) That the Mortgagor is the sole and absolute owner and beneficiary of the said property and is absolutely entitled to the same and to all incidental rights thereof and to the use, enjoyment and occupation of the said property and except the Mortgagor no other person or persons have any right, title, interest, claim or demand of any nature whatsoever to the said property. (e) That notwithstanding any act, deed, matter or thing whatsoever done, omitted by the mortgagor or any person or persons lawfully and equitably claiming by, from, through, or in trust for the mortgagor, they the Mortgagor have full power and absolute authority in it’s own right to mortgage the said property and to create the said security in favour of the Mortgagee. (f) That neither the Mortgagor nor any one on its behalf has committed or omitted to do any act, deed, matter or thing whereby its ownership right in the said property and incidental rights thereto including the right to peaceful use, occupation, ownership and enjoyment of the said property and other rights and benefits in respect thereof may become or be prejudicially affected or encumbered in any manner or whereby the said property may become liable to attachment and/or sale whether by a decree or order of any Competent Court or otherwise; (g) That no winding up petition is pending against the Mortgagor before any court of law nor any winding up notices are received by the Mortgagor. (h) The Mortgagor shall get the present mortgage in favour of the Mortgagee also registered with the Registrar of Companies under the provisions of the Companies Act, 1956. 4. The Mortgagor agrees and covenants with the Mortgagee that all costs, charges and expenses incurred by the Mortgagee for defending the title of the Mortgagor to the said property, if need arises, and for protection and preservation of the said security created in their favour shall be on account of and be payable by the Mortgagor and shall be deemed to form part of the mortgage debt secured by the present mortgage. 5. The Mortgagor and all persons claiming any estate or interest in the mortgaged premises under them, shall and will from time to time and at all times hereafter, upon the request of the Mortgagee and at the costs of the Mortgagor, do and execute or cause to be done or executed, all such acts, deeds and things whatsoever for further and more perfectly assuring all or any of the said premises unto and to the use of the Mortgagee in manner aforesaid as shall or may be reasonably required by the Mortgagee. 6. The Stamp duty and registration charges payable on this instrument as also all incidental cost and expenses thereof shall be paid and borne by the Mortgagor. THE SCHEDULE ABOVE REFERRED TO: (Description of the said property) IN WITNESS WHEREOF the parties hereto have executed these presents the day and year first hereinabove written. THE COMMON SEAL OF ) ABC LTD., the MORTGAGOR above named ) is hereunto affixed pursuant to the ) Resolution of its Board of Directors ) passed in that behalf, on the ______ ) day of ___________ 200___ in the presence of ) (1) _______________, Managing Director and ) (2) __________________, Director and in ) the presence of:- ) SIGNED AND DELIVERED by ) X Y Z, the MORTGAGEE ) Above named, in the presence of:- ) R E C E I P T RECEIVED the day and year first above written of and from the within named Mortgagee the sum of Rs. 50,00,000/- (Rupees fifty lakhs only) by Cheque No. _____________ dated __________ drawn on _______________ being the full consideration money paid as aforesaid. Rs. 50,00,000/- We say Received M/s. ABC LTD DIRECTOR/AUTHORISED SIGNATORY (THE MORTGAGOR) Download Word Document In English. (Rs.50/-) Download PDF Document In Hindi. (Rs.40/-) Download PDF Document In Marathi. (Rs.20/-)
- AGREEMENT OF PLEDGE OF MOVABLES
AGREEMENT OF PLEDGE OF MOVABLES This Agreement made on this ____ day of ________ Between ……………………………………………. Resi ____________________ hereinafter called "the Borrower" (which expression shall unless contrary to the context including his related successors, executors, administrators and assigns) of the one part And ………………………………. Resi _______________ hereinafter called "the Lender" (which expression shall unless contrary to the context include his related successors, executors, administrators and assigns) of the other part Whereas the Borrower wants to borrow a sum of Rs.__ ______(Rupees __________________________) from the Lender for doing his business and the Lender has consented to grant him the loan of Rs.___________ at interest @ ___ % per annually and on terms /conditions hereinafter appearing. Now This Agreement Witnesses as Follows: 1. In consideration of the Lender granting a loan of Rs.________ (Rupees ____________ only) to the Borrower (which receipt is acknowledged by the Borrower), the Borrower has handed over to the Lender certain articles/assets/goods belonging to the Borrower as stated in the schedule hereto by way of pledge for securing the payment of the said loan on or before the ____ day of _______. 2. In consideration of the said loan, the Borrower hereby himself promises to repay the said loan of Rs.__________ with interest @ __% thereon. The Borrower also promises to pay all costs, charges and other expenses, if any incurred by the Lender connecting with storing and handling of the said articles. 3. That the Borrower hereby agrees that the articles/assets/goods pledged by way of this covenant is the complete property of the Borrower and is free from any charge, lien or encumbrance of any type, whatever. 4. The Lender shall not be liable to the Borrower for any loss or damage, of whatever type, to the said articles as happened during the time of custody of said articles/assets/goods with the Lender and the Borrower shall keep compensated the Lender including his related successors, executors, administrators and assigns from and against any claims, demands and other costs that may, at any time after it, emerge concerning of anything done by the Lender including his related successors, executors, administrators and assigns in relation with said the articles/assets/goods. 5. If Borrower default paying money secured by this agreement or contravention of any terms/ conditions of this covenant, the Lender shall be empowered, by serving a notice of ___ days to the Borrower, for bending either by public auction or through private contracts or otherwise dispose of, the said articles and apply the amount got there from towards payment of the amount due to the Lender. In Witness Whereof, the parties hereunto have signed below this day _________ of Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.20/-)
- AGREEMENT OF PLEDGE OF MOVABLES
AGREEMENT OF PLEDGE OF MOVABLES This Agreement made at……………..this……………..day of..................20…………….. between A, son of……………..resident of..............., hereinafter called the borrower, of the ONE PART and...........Bank, a company incorporated under the Companies Act, 1956 and having its registered office at……………..and one of its branch at..................hereinafter called the Bank of the OTHER PART. WHEREAS the borrower has approached the Bank to grant an advance of Rs . …………….. for his business purposes, which the Bank has agreed in the manner hereinafter expressed: NOW IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: (1) In pursuance of the said Agreement and in consideration of the Bank having granted a sum of Rs ……………..to the Borrower and in consideration of the premises aforesaid it is hereby agreed and declared that the goods, book debts, movables and other assets mentioned in the Schedule hereto which or the documents of title to which have been already deposited and the goods, book debts, movable and other assets which or the documents of title to which approved by the Bank shall be hereafter deposited with the Bank under this Agreement shall be placed in the Bank's possession and under its absolute disposition in such manner that such possession and disposition may be apparent and indisputable notwithstanding the fact that the Borrower is permitted by the Bank to have access to the said goods, book debts, movables and other assets for the limited purpose of carrying on manufacturing activities and that during such time the Borrower confirms, affirms and covenants with the Bank that he shall be so doing as a trust for the Bank and for which purpose the Bank may without prejudice to the duties of the Borrower hereunder do all such acts and things, sign such documents and pay and incur such costs, charges and expenses as may be necessary and said goods, book debts and other movable assets (hereinafter referred to as "the said assets") are and shall be hereby pleged to the Bank as security for payment and discharged by the Borrower to the bank on demand of the said sum of Rs ……………..(Rupees……………..only) together with interest @……………. % p.a., and all other moneys at any time payable by the Borrower to the Bank. (2) In consideration of the said loan, the borrower hereby personally promises to repay the said advance of Rs . ……………..interest thereon @ ……………..% per annum from these presents, the expenses of storing and warehousing the said assets, and all other costs, charges and expenses (if any) which the borrower is liable to pay under law. (3) The Bank shall charge interest on the amount advanced @ Rs . ………..p.a. However, such rate shall be subject to changes in accordance with the directions issued by the Reserve Bank of India from time to time. If Bank charges interest at a concessionary rate or rates because of the loan granted to the borrower by the Bank under the Interest Subsidy Scheme or any other Scheme(s) formulated by the Government and/or Reserve Bank of India and/or any other authority from time to time, the Borrower agrees, declares, confirms and affirms that in the event of the withdrawal, modification and/or variation of such Scheme(s), the concessionary rate or rates of interest shall stand 'withdrawn and the usual rate or rates of interest of the Bank applicable at the material time to such advances shall become effective and the bank shall become entitled to charge the Borrower such rate or rates of interest and the Borrower shall pay to the Bank on demand the difference between such concessionary rate or rates and the rate or rates of interest of the Bank applicable at the material time to such advances and such difference shall become due and payable by the Borrower to the Bank from the date the withdrawal, modification and/or variation of such Scheme(s) become effective. It is also agreed that interest shall be calculated on the daily balance of the advance and be debited thereto on the last working day of the month or quarter according to the practice of the Bank. The Bank shall also be entitled to charge interest at the enhanced rates, if the borrower does not pay the interest and instalments or commits irregularity. (4) That the Borrower agrees, declares and undertakes that he will at all times maintain a sufficient quantity and market value of the said assets to provide the margins of security required by the Bank from time to time and will forthwith whenever necessary provide further assets to restore such margins or pay the Bank the equivalent in cash. The Bank may change the margins and the Borrower shall be bound by it notwithstanding any margins earlier agreed to by the Bank (5) That the Bank shall be at liberty to have any of the said assets that may be pledged as aforesaid valued by an appraiser appointed by the Bank and the Borrower shall render/give all assistance/co operation to such appraiser and the fees and expenses of such appraisement shall be added to the amount advanced and shall be a charge on the security created hereunder. (6) That all the said assets subject to this Agreement shall be kept at the Borrower's risk and expenses in good condition and the said assets will be insured by the borrower against fire and/or such other risk(s) as the Bank may from time to time stipulate in the joint names ofthe Borrower and the Bank with an insurance company approved by the Bank and for such amount as the Bank may consider necessary and that the Borrower shall deliver the insurance policies to the Bank. If the Borrower fails to effect such insurance the Bank may, but without being obliged to do so, insure the said assets. The Bank shall be entitled to adjust, settle, compromise or refer to arbitration any dispute arising under or in connection with any insurance and such adjustment, settlement, compromise and any award made on such arbitration shall be valid and binding on the Borrower and he shall not challenge or object to such adjustment, settlement, compromise and arbitration award. The Bank shall also be entitled to receive all moneys payable under any such insurance or under any claim made thereunder and to give a valid receipt therefor and that the amount so received shall be credited to the Borrower's account and the Borrower shall not raise any objection that a larger sum might or ought to have been received or be entitled to dispute his liability for the balance remaining due on any account or accounts after such credit. (7) That the Bank, its officers, employees, Agents and Nominees shall be entitled at all reasonable times without notice to the Borrower and at the Borrower's risk and expenses and in the name of the Borrower to enter any place where the said assets for the time being pledged to the Bank may be and inspect, value, insure, superintend disposal and/or take particulars of all or any part of the said assets and check any statements, accounts, reports and information and also on any default of the Borrower in payment of any money hereby secured or the performance of any obligation of the borrower to the Bank or the breach of any of the terms of this Agreement or the occurrence of any circumstances in the opinion of the Bank endangering this security, to take possession of the assets pledged and to sell by public auction or private contract or otherwise dispose off or deal with all or any part of the said assets and to enforce, realise, settle, compromise, submit to arbitration and deal in any manner with any rights and debts or claims relating thereto and to complete any engagements and carrying on the business of the Borrower through Agents, Managers or otherwise without being bound to exercise any of these powers. However, the Bank will not be liable for any loss in the exercise of the powers exercised by its officers, employees, nominees or agents under this clause and exercise of such rights shall be without prejudice to the Bank's rights and remedies of suit or otherwise and notwithstanding there may be any pending suit or other proceedings the Borrower undertaking to give immediate possession to the Bank on demand of the said goods and assets and to give notices to debtors as and when required by the Bank to transfer and deliver to the Bank all relative bills, contracts, securities, papers and documents and agreeing to accept the Bank's accounts of sales receipts and realisation as sufficient proof of amounts realised and relative expenses and to pay any shortfall or deficiency thereby shown. The Bank shall apply the money or moneys recovered, realised or received in or towards payment of any amount for the time being payable to the Bank in respect of all or some or any of the aforesaid advance granted by the Bank and to recover from the Borrower by suit or otherwise the balance remaining payable to the Bank in respect of the aforesaid advance or loan or otherwise notwithstanding that all or any of the securities may not have been realised. (8) That the borrower shall keep a register of the assets pledged by him as security and the said register shall be at all times open to the inspection of the Bank. The Borrower shall if so required by the Bank furnish to the Bank daily, a copy of all the entries which shall have been made in the said Register of the previous date. (9) That this Agreement shall operate as a continuing security for the moneys advanced by the Bank, interest, costs and expenses payable thereon notwithstanding the existence of a credit balance on the account or accounts at any time. (10) That the Borrower declares and assures that all the assets for the time being pledged to the Bank hereunder and are at present in existence and all the assets over which security may be created hereafter for all or some or any of the aforesaid advance and are in existence at the time of such creation of security are and shall be the absolute property of the Borrower at the sole disposal of the Borrower and free from any prior charge, lien or encumbrance except such charge, lien or encumbrance as may have been notified to the Bank and accepted by it as having priority over its charge and that all the future assets to be given as security to the Bank shall be likewise the unencumbered, absolute and disposable property of the Borrower and the Borrower shall not without the Bank's prior written permission create any mortgage, charge, lien or encumbrance of any kind upon or over the same or on the undertaking property (whether movable or immovable) and assets except to the Bank not suffer any such mortgage, charge, lien or encumbrance to affect the same or any part thereof, not do or allow anything that may prejudice the security while the Borrower remains indebted or liable to the Bank in any manner without the Banks prior written consent. The Borrower shall also not resort to outside borrowings without the Bank's prior permission in writing. (11) That the Bank shall not be liable to the Borrower or any person or persons for any loss or damage to the assets pledged to the Bank under this Agreement from or in whatever cause or manner arising whether such goods and assets shall be in the possession of the Bank or not at the time of such loss or damage or the happening of the cause thereof. The Borrower shall at all times indemnify and keep indemnified the Bank, its officers, agents and nominees from and against all suits, proceedings, costs, charges, claims and demands whatsoever that may at any time arise or be brought or made by any person against the bank in respect of any acts, matters and things lawfully done or caused to be done by the bank, its officers, agents and nominees in connection with the said assets or in pursuance of the exercise of rights and powers granted to the Bank, its officers, agents and nominees under this Agreement. (12) That the Borrower shall display the Bank's name on the shop, factory, office and other places where such assets pledged to the Bank have been kept or stored indicating that such assets are pledged to the Bank. IN WITNESS WHEREOF the parties hereto have set and subscribed their respective hands and seals the day and year first hereinabove written. The Schedule above referred to WITNESSES Signed and delivered by the withinnamed Borrower A Signed, and delivered by the withinnamed Bank, ................. , through the hands of Shri…………….. 2. Branch Manager……………..Branch ……………..its authorised official Download Word Document In English. (Rs.40/-) Download PDF Document In Hindi. (Rs.40/-) Download PDF Document In Marathi. (Rs.30/-)
- Deed Creating Charge on the Property
Deed Creating Charge on the Property This Deed made at ....................... on this ....................... day of ...................., 2000, Between A, son of ..................... B, son of ....................... and C, son of ....................... all residents of .............................., hereinafter collectively referred to as 'the Party of the "First Part" of the ONE PART and Smt. X, wife of ................ resident of ....................... and Smt. Y, wife of ..................... resident of ..................... hereinafter collectively referred to as "The Party of the Second Part" of the OTHER PART. Whereas A, B, C constitute joint Hindu family governed by Mitakshara law and the said joint Hindu family owned properties and assets: And Whereas the said A, B, C as members of joint Hindu family, partitioned the properties and assets of joint Hindu family between them vide Partition deed dated ................... which was registered with Sub- Registrar ..................... on ..................... at No. .....................; And Whereas Smt. X and Smt. Y are the mother of Shri A, B and widow of D predeceased coparcener of the family and it was agreed between the parties of the first part that Smt. X and Smt. Y each will be entitled to a sum of Rs. 1,000 per month as maintenance allowance during their life time from the income of the assets and properties of joint Hindu family and the party of the first Part will pay the said amount to Smt. X and Smt. Y by tenth day of every month and it was also agreed that the said payment would be charged on the properties and assets of the Party of the First Part, being the land and premises situate at ......... and more particularly described in the Schedule hereinunder written, hereinafter referred to as the said premises. NOW THIS DEED WITNESSETH THAT the payment of the sum of Rs. 1,000 per month by the Party of the First Part to Smt. X and Smt. Y, each by way of maintenance, during their lifetime payable by the Party of the First Part to the Party of the Second Part shall be a charge on the said premises and the Party of the First Part hereby charges the said premises with the payment of the said liability to pay maintenance to the Party of the Second Part. And it is agreed between the parties that in the event of failure of the party of the First Part to pay the monthly payment on due dates, the Party of the Second Part will be entitled to enforce the charge by selling the said premises through the Court and to recover and receive the amount due out of the sale proceeds thereof. IN WITNESS WHEREOF, the Party of the First Part have put their hands the day and year first hereinabove written. The Schedule above referred to Signed and delivered by the within named A, B and C WITNESSES; 1. 2. Download Word Document In English. (Rs.30/-)
- DEED CREATING CHARGE ON THE PROPERTY
DEED CREATING CHARGE ON THE PROPERTY This Deed made at……………..on this……………..day of................20……… Between A, son of……………..B, son of……………..all residents of.............................. , hereinafter collectively referred to as "the Party of the "First Part" of the ONE PART and Smt. X, wife of ..................... resident of……………..and Smt. Y, wife of……………..resident of.............. hereinafter collectively referred to as "The Party of the Second Part" of the OTHER PART WHEREAS A, B, C constitute joint Hindu family governed by Mitakshara law and the said joint Hindu family owned properties and assets: AND WHEREAS the said A, B, C as members of joint Hindu family, partitioned the properties and assets of joint Hindu family between them vide Partition deed dated……………..which was registered with Sub Registrar……………..on……………..at No ……………... ; AND WHEREAS Smt. X and Smt. Y are the mother of Shri A, B and widow of D pre deceased coparcener of the family and it was agreed between the parties of the first part that Smt. X and Smt. Y each will be entitled to a sum of Rs. 1,000 per month as maintenance allowance during their life time from the income of the assets and properties of joint Hindu family and the party of the first Part will pay the said amount to Smt. X and Smt. Y by tenth day of every month and it was also agreed that the said payment would be charged on the properties and assets of the Party of the First Part, being the land and premises situate at……………and more particularly described in the Schedule hereinunder written, hereinafter referred to as the said premises. NOW THIS DEED WITNESSETH THAT the payment of the sum of Rs. 1,000 per month by the Party of the First Part to Smt. X and Smt Y, each by way of maintenance, during their lifetime payable by the Party of the First Part to the Party of the Second Part shall be a charge on the said premises and the Party of the First Part hereby charges the said premises with the payment of the said liability to pay maintenance to the Party of the Second Part. And it is agreed between the parties that in the event of failure of the party of the First Part to pay the monthly payment on due dates, the Party of the Second Part will be entitled to enforce the charge by selling the said premises through the Court and to recover and receive the amount due out of the sale proceeds thereof IN WITNESS WHEREOF, the Party of the First Part have put their hands the day and year first hereinabove written The Schedule above referred to WITNESSES 1 Signed and delivered by the withinnamed A, B and C 2 Download Word Document In English. (Rs.30/-) Download PDF Document In Hindi. (Rs.30/-)
- Deed of Mortgage by Conditional Sale
Deed of Mortgage by Conditional Sale This Deed Of Sale made is at... this ... day of... between Mr. A residing at ... hereinafter referred to as the Vendor, of the One Part, and Mr. B residing at ... hereinafter referred to as the Purchaser of the Other Part. Whereas the Vendor is seized and possessed of or otherwise well or sufficiently entitled to the land and premises situate at ... and more particularly described in the Schedule hereunder written. And Whereas the Vendor Is In need of money and has requested the Purchaser to advance to him a sum of Rs. ... which the Purchaser has agreed to do on the Vendor agreeing to execute this deed of sale in favour of the Purchaser in respect of the said property in the manner following. Now This Deed Witnesseth That 1. Pursuant to the said agreement and In consideration of the said sum of Rs ....... paid by the Purchaser to the Vendor on the execution of these presents (receipt whereof the Vendor doth hereby admit) He the Vendor doth hereby grant and convey unto the Purchaser all the said piece of land with building thereon and situate at ..... and more particularly described in the Schedule hereunder written together with all and singular all the things permanently attached thereto or standing thereon and all the liberties, easements, profits, privilege. rights. members and appurtenances whatsoever to the said piece of land and premises belonging or in anywise appertaining to or with the same or any part thereof and now or at any time hereafter usually held, used, occupied or enjoyed or reputed as part or member thereof or be appurtenant thereto And all the estate, right, title. claim and demand of the Vendor into and upon the said land and other the premises hereby granted TO HOLD the same unto and to the use of Purchaser subject to what Is hereafter provided and subject to the payment of rates, taxes. assessments, dues and duties now chargeable upon the same or which may hereafter become payable in respect thereof to the Government or the Municipal Corporation or any other local authority. 2. And it is hereby agreed and declared that if the Vendor shall. at any time hereafter repay to the Purchaser the said sum of Rs ..... within a period of .. . years that is on or before the ...... day of ...... the grant and transfer of the said property as hereinbefore provided shall become void and In that event the Purchaser shall retransfer the said property to the Vendor or his heirs. executors, administrators or assigns by executing a document of re-sale. 3. Provided however and it is agreed that, if the Vendor or his heirs. executors, administrators or assign shall fall to repay the said amount of Rs. ... within the said period then the grant and transfer of the said property to the Purchaser hereby made shall become absolute in favour, of the Purchaser his heirs, executors, administrators or assigns. 4. And the Vendor doth hereby covenants with the Purchaser that – a. The Vendor has good right and full power to grant the said land and building hereby granted or expressed so to be and every part thereof unto and to the use of the Purchaser in manner aforesaid. b. That the Purchaser shall quietly possess and enjoy the said property and receive the rents, Income and profits thereof without any lawful interruption or disturbance whatsoever by the Vendor or any person or persons lawfully claiming under from or through him and shall be at liberty to pay thereout the Govt. revenue and all other charges of a public nature and all rents if any accruing due in respect of the said premises during such possession and any arrears of rent in default of payment of which the said land and premises may be summarily sold and all expenses incurred for the management of the said premises and the collection of rents. Income, profits and all other outgoing including costs of repairs of the said premises. c. That the said premises are free and clear and freely and clearly and forever released and discharged or otherwise by the Vendor well and sufficiently saved, kept harmless and indemnified of and from and against all previous and other estates, title, charges and encumbrances whatsoever had made. executed or suffered by the Vendor or any other person lawfully claiming under him. d. That the Vendor and all persons claiming any estate or Interest In the said premises under him, shall and will from time to time and at all times hereafter upon the request of the Purchaser and at the costs of the Vendor do and execute or cause to be done or executed, all such acts, deeds and things whatsoever for further and more perfectly assuring all or any of the said premises unto and to the use of the Put-chaser in such manner aforesaid as shall or may be reasonably required by the Purchaser. IN WITNESS WHEREOF the Vendor has put his hand the day and year first hereinabove written. THE SCHEDULE ABOVE REFERRED TO Signed and delivered by the withinnamed Vendor Mr. in the presence of ... 1. 2. Download Word Document In English. (Rs.20/-)
- Deed of Mortgage by Conditional Sale
Deed of Mortgage by Conditional Sale THIS DEED OF MORTGAGE BY CONDITIONAL SALE executed at __________ this _________ day of ___________ 201__ between M/S. ABC LTD., a Company incorporated under the provisions of the Companies Act, 1956 having its registered office at _________ ___________________________________, hereinafter referred to as “THE MORTGAGOR-VENDOR” (which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include its successors and assigns) of the ONE PART ; AND X Y Z of ___________, Indian Inhabitant, having his address at ___________ ________________________________________________ (which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include his heirs, executors, administrators and assigns) hereinafter referred to as “THE MORTGAGEE-PURCHASER” of the OTHER PART; WHEREAS: (a) The Mortgagor-Vendor is the Owner of and well and sufficiently seized and possessed of the property more particularly described in the Schedule hereunder written (hereinafter referred to as “the said property” ). (b) The Mortgagor-Vendor being in need of finance for its business purposes, requested the Mortgagee-Purchaser to provide the said finance. (c) Pursuant to the said request of the Mortgagor-Vendor, the Mortgagee-Purchaser agreed to lend and advance and have advanced to the Mortgagor-Vendor a sum of Rs. 50,00,000/- (Rupees Fifty lakhs only) on the terms and conditions hereinafter appearing. NOW THIS INDENTURE WITNESSETH that in pursuance of the said agreement and in consideration of the sum of Rs. 50,00,000/- (Rupees fifty lakhs only) paid to the Mortgagor-Vendor by the Mortgagee-Purchaser on or before execution hereof (the receipt whereof the Mortgagor-Vendor doth hereby admit and acknowledge and of and from the same doth hereby release and discharge the Mortgagee-Purchaser) THEY the Mortgagor-Vendor doth hereby covenant with the Mortgagee-Purchaser that they shall re-pay to the Mortgagee-Purchaser the said sum of Rs. 50,00,000/- (Rupees fifty lakhs only) together with interest thereof from the date hereof at the agreed rate of one (1) per cent per month with monthly rest (i.e. to be compounded every month) and payable at one time on or before the _________ day of __________ (hereinafter called “the due date” and/or “certain date” ). NOW THIS INDENTURE FURTHER WITNESSETH that in consideration of the said sum of Rs. 50,00,000/- (Rupees fifty lakhs only) paid by the Mortgagee-Purchaser to the Mortgagor-Vendor as aforestated the Mortgagor-Vendor doth hereby grant, sell, convey, transfer and assure unto the Mortgagee-Purchaser free from any encumbrances and reasonable doubts the said property more particularly described in the Schedule hereunder written TOGETHER WITH all and singular the structures, houses, outhouses, fencing, compound walls, edifices, buildings, courtyards, areas, compounds, sewers, drains, ditches, fences, trees, plants, shrubs, pathways passages, common gullies, wells, waters, water-courses lights liberties privileges, easements, profits advantages rights members and appurtenances whatsoever to the said land or ground here determents and premises or any part thereof belonging or in any wise appurtenant to or with the same or any part thereof now or at or any time here to before usually held used occupied or enjoyed or reputed or known as part or member thereof and to belong or be appurtenant thereto AND ALL THE ESTATE right, title, interest, claim and demand whatsoever at law and in equity of the Mortgagor-Vendor in to out of or upon the said property any part thereof TO HAVE AND TO HOLD all and singular the said property hereby granted conveyed, sold transferred and assured or intended or expressed so to be with their and every of their rights members and appurtenances (all which are hereinafter called “the said premises” ) UNTO AND TO THE USE and benefit of the Mortgagee-Purchaser, his heirs, executors, administrators and assigns for ever SUBJECT TO the payment of all future rates, assessments, taxes and dues now chargeable upon the same or hereafter to become payable to the Government or to the Municipal Corporation or any other public body or local authority in respect thereof AND the Mortgagor-Vendor doth hereby for itself and its’ successors and assigns covenant with the Mortgagee-Purchaser THAT notwithstanding any act, deed, matter or thing whatsoever by the Mortgagor-Vendor or any person or persons lawfully or equitably claiming by from through under or in trust for them made done committed omitted or knowingly or willingly suffered to the contrary, they the Mortgagor-Vendor now hath in itself good right full power and absolute authority to grant convey transfer and assure the said premises hereby granted conveyed transferred and assured or intended so to be unto and to the use of the Mortgagee-Purchaser in manner aforesaid. AND THAT it shall be lawful for the Mortgagee-Purchaser from time to time and at all times hereafter peaceably and quietly to hold enter upon use occupy possess and enjoy the said premises hereby granted conveyed transferred and assured with its appurtenances and receive the rents, issues and profits thereof and of every part thereof to and for his own use and benefit without any suit or lawful eviction, interruption, claim and demand whatsoever from or by the Mortgagor-Vendor or its successors and assigns or any of them or from or by any person lawfully or equitably claiming or purporting to claim by from under or in trust for them AND THAT free and clear and freely and clearly and absolutely acquitted exonerated released and for ever discharged or otherwise by the Mortgagor-Vendor well and sufficiently saved defended kept harmless and indemnified of from and against all former and other estates title charge and encumbrances whatsoever either already or hereafter had made executed, occasioned or suffered by the Mortgagor-Vendor or by any other person or persons lawfully or equitably claiming or purporting to claim by from under or in trust for them. AND FURTHER that they the Mortgagor-Vendor and all persons having or lawfully or equitably claiming any estate, right, title or interest at law or in equity in the said premises hereby granted, conveyed, transferred and assured or any part thereof by from under or in trust for them the Mortgagor-Vendor and its successors shall and will from time to time and at all times hereafter at the request and cost of the Mortgagee-Purchaser do and execute or cause to be done and executed all such further and other lawful and reasonable acts, deeds, matters and things, conveyances and assurances in law whatsoever for the better further and more perfectly and absolutely granting unto and to the use of the Mortgagee-Purchaser in manner aforesaid as shall or may be reasonably required by the Mortgagee-Purchaser his heirs, executors, administrators or assigns or his Counsel in law for assuring the said premises and every part thereof hereby granted, conveyed, transferred and assured unto and to the use of the Mortgagee-Purchaser in manner aforesaid. AND the Mortgagor-Vendor doth hereby declare that the premises hereby conveyed are fully built upon and is not vacant land under the provisions of Urban Land (Ceiling and Regulation) Act and no permission is required from Competent Authority or any other Authority under the provisions of the said Act or any other Act for transfer of the said premises in favour of the Mortgagee-Purchaser AND the Mortgagor-Vendor doth hereby confirm and record that it has on execution hereof put the Mortgagee-Purchaser in quiet, peaceful and vacant possession of the said property as owner thereof. Further Agreed, Recorded and Confirmed as under:- 1. That if the Mortgagor-Vendor shall pay to the Mortgagee-Purchaser the Mortgage-money in full on or before the due date i.e. __________ day of ____________________ being the date certain in that event but not otherwise the present sale, transfer and conveyance of the said property in favour of the Mortgagee-Purchaser shall become void and the Mortgagee-Purchaser shall, at the cost of the Mortgagor-Vendor, retransfer the said property to the Mortgagor-Vendor by executing the necessary documents. 2. That if the Mortgagor-Vendor shall fail to pay to the Mortgagee-Purchaser the Mortgagee money in full on or before the due date i.e. ________ day of _________________ being the date certain, and on default of such payment, the sale, transfer and conveyance herein of the said property in favour of the Mortgagee-Purchaser as hereinabove shall ipso facto become absolute without any further reference to the Mortgagor-Vendor and without execution of any further deed or document. THE SCHEDULE ABOVE REFERRED TO: (Description of the said property) IN WITNESS WHEREOF the parties hereto have executed these presents the day and year first hereinabove written. THE COMMON SEAL OF the ) ABC LTD., the MORTGAGOR-VENDOR ) Above named is hereunto affixed pursuant to ) the Resolution of its Board of Directors ) passed in that behalf on the ______ ) day of ___________ 200___ in the presence ) of (1) _______________, Managing Director ) and (2) _________________, Director and ) in the presence of:- ) SIGNED AND DELIVERED by ) X Y Z, the MORTGAGEE-PURCHASER ) Above named, in the presence of:- ) R E C E I P T RECEIVED the day and year first above written of and from the within named Mortgagee-Purchaser the sum of Rs. 50,00,000/- (Rupees fifty lakhs only) by Cheque No. _____________ dated __________ drawn on _______________ being the full consideration money as within mentioned. Rs. 50,00,000/- We say Received M/s. ABC LTD DIRECTOR/AUTHORISED SIGNATORY (THE MORTGAGOR-VENDOR) Download Word Document In English. (Rs.40/-) Download PDF Document In Hindi. (Rs.40/-)
- Notice of the scheme inviting objections or suggestions
Notice of the scheme inviting objections or suggestions FORM NO. AMG.12 [Pursuant to section 233(1)(a) and rule 24(2)] Notice of the scheme inviting objections or suggestions Notice is hereby given by M/s […] (transferor / transferee company) that a scheme of merger or amalgamation is proposed to be entered with M/s […] (transferor / transferee company) and in pursuance of sub-section (1)(a) of Section 223 of the Companies Act, 2013, suggestions or objections are invited in respect of the scheme. A copy of the scheme of merger or amalgamation is enclosed. Suggestions or objections are invited from – the Registrar (mention the details of the Registrar of the area where the registered office of the transferor / transferee company is situated); Official Liquidators (mention the details of the Official Liquidator of the area where the registered office of the transferor / transferee company is situated); and (iii)[Any person whose interest is likely to be affected by the proposed scheme]. Any person mentioned in (i) , (ii) or (iii) above, desirous of providing suggestions or objections in respect of the scheme should send their communication within thirty days from the date of this notice to […](mention the details of the authorized representative of the transferor / transferee company and the Central Government). Date : Place : Sd/- (mention the details of the authorized representative of the transferor / transferee company). Enclosure: A copy of the scheme of merger or amalgamation Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)
- Order on petition
Order on petition FORM NO. AMG.9 [Pursuant to section 230(7) & rule 15] Company Petition No of...... of 20.....connected with Company Application No..... of 20....A.B. & Co. (Ltd.)‐(in liquidation, by its liquidator', if applicable................................) Petitioner Before the Hon'ble Mr ........., Member. Dated........... Order on petition The above petition coming on for hearing on upon reading the said petition, the order dated..... whereby the 'said company (or, liquidator of the said company), was ordered to convene a meeting (or separate meeting) of the creditors/debenture holders/ preference shareholders/equity shareholders/ of the above company for the purpose of considering, and if thought fit, approving, with or without modification, the compromise or arrangement proposed to be made between the said company and........................................................and annexed to the affidavit of.................................. filed the ..................................... day of......20 ......the ....................... Gazette dated and the (here mention the newspaper) dated......... each containing the advertisement of the said notice convening the said meeting(s) directed to be held by the said order dated…20.................... the affidavit of .............. filed the day of... 19 ................ showing the publication and dispatch of the notices convening the said meeting(s), the report(s) of the chairman/ chairmen of the said meeting(s) (respectively) dated as to the result of the said meeting(s), (and upon hearing Shri...................advocate for etc.) and it appearing from the report(s) that the proposed compromise or arrangement has been approved (here state whether unanimously or by a majority of not less than three‐fourths in value of the creditors or class of creditors or members or class of members as the case may be, present and voting in person or by proxy). This Tribunal doth hereby sanction the compromise or arrangement set forth in para .............of the petition herein and in the schedule hereto. and doth hereby declare the same to be binding on...(here enter the class of creditors or members on whom it is to be binding) of the above named company and also on the said company (and its liquidator'). And this Tribunal doth further order:‐ [Here enter any directions given or modifications made by the Tribunal regarding the carrying out of the compromise or arrangement.] That the parties to the compromise or arrangement or other persons interested shall be at liberty to apply to this Tribunal for any directions that may be necessary in regard to the working of the compromise or arrangement, and That the said company [or the liquidator of the said company] do file with the Registrar of Companies a certified copy of this order within 14 days from this date. SCHEDULE Scheme of compromise or arrangement as sanctioned by the Tribunal Dated this ....... day of.. ............. .20... . (By the Tribunal ) Registrar' To be inserted where the company is being wound‐up. Where the compromise or arrangement has been approved with the modifications, it should be so stated Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)










