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Administration by pecuniary Legatee  [Alter Form No. 41 thus] Mr………………………….., the above-named plaintiff, states as follows : [Omit paragraph 1 and commence paragraph 2] Mr…………………….., late of ……….. died on or about the …………… day of …………….. By his last will, dated the …………. day of …………….. he appointed  Mr………………., his executor, and bequeathed to the plaintiff a legacy of rupees. In Para. 4 substitute “legacy” for “debt” Another form (Title) Mr……………………, the above-named plaintiff, states as follows : 1. Mr…….…………… of  ………….. in the ………….. died on the ..………… day of ………………… by his last will, dated the …………… day of ….………, he appointed the defendant and ……… [who died in the testator’s lifetime] his executors, and bequeathed his property, whether  movable or immovable, to his executors in trust, to pay the rents and income thereof to the plaintiff for his life; and after his decease, and in default of his having a son who should attain twenty-one, or a daughter who should attain that age or marry, upon trust as to his immovable property for the person who would be the testator’s heir-at-law, and so to his movable property for the persons who would be the testator’s next-of-kin if he had died intestate at the time of the death of the plaintiff and such failure of his issue as aforesaid. 2. The will was proved by the defendant on the ……….. day of ………The plaintiff has not been married. 3. The testator was at his death entitled to movable and immovable property; the defendant entered into the receipt of the rents of the immovable property and got in the movable property; he had sold some part of the immovable property. 4. [Facts showing when the cause of action arose and that Court has jurisdiction.] 5. The value of the subject-matter of the suit for the purpose of jurisdiction is ………… rupees and for the purpose of court fee is …….. rupees.        6. The plaintiff claims - (1) to have the movable and immovable property of …………….. administered in this Court and for the purpose to have all proper directions given and accounts taken; (2) Such further or other relief as the nature of the case may require. Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-) Download PDF Document In Marathi. (Rs.15/-)

Agreement of Indemnity Mr……………………, the above-named plaintiff, states as follows : 1. On the ………………… day of ……….……………. 20……… the plaintiff and defendant, being partners in trade under the style of .……………… and ……………, dissolved the partnership, and mutually agreed that the defendant should take and keep all the partnership property, pay all debts of the firm and indemnify the plaintiff against all claims that might be made upon him on account of any indebtedness of the firm. 2. The plaintiff duly performed as the conditions of the agreement on his part. 3. On the …………… day of ……… 20…….. [a judgment was recovered against the plaintiff and defendant by …………………., in the High Court of Judicature at ………….. upon a debt due from the firm to …………….., and on the day of 20…………] the plaintiff paid ………. Rupees [in satisfaction of the same.] 4. The defendant has not paid the same to the plaintiff. Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

Title of Suits In the Court of ……………….. (Add Description and Residence) …Plaintiff   Against       ………………….. (Add Description and residence) ...Defendant DESCRIPTION OF PARTIES IN PARTICULAR CASES  [The Union of India or the State ……………… at the case may be]. …………………….. The Advocate General of ……………………… The Collector of ……………………… The State of ………………………. The ……………….. Company, Limited having its registered office at ………………...., a public officer of the ……………….. Company ………………….. (Add description and residence), on behalf of himself and all other creditors of ………………….., late of (Add Description and residence). ……………………… (Add description and residence),  on behalf of himself and all other holders of debenture  issued by the Company Limited. …………………………… The Official Receiver. ……………………… (Add description and residence), by ……………..or by the Court of Wards, his next friend. ……………………. ………………………… (Add description and residence), a person of unsound mind or of weak mind, by ……………….. his next friend. ..…………………………………..…, a firm carrying on business in partnership at ………………….. …..………………….. (Add Description and residence), by his constituted attorney …………………………………… (Add description and residence). …….…………… (Add description and residence), ………. of ………..………………… ………………… (Add description and residence), executor of ………………., deceased. …………… (Add description and residence), heir of ……………… deceased. Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

Specific Performance (No.1) Mr…………………… , the above-named plaintiff, states as follows : 1. By an agreement dated the …………….day of ……….and signed by the defendant, he contracted to buy of [ or sell to] the plaintiff certain immovable property there in described and referred to, for the sum of rupees. 2. The plaintiff has applied to the defendant specifically to perform the agreement on his part, but the defendant has not done so. 3. The plaintiff has been and still is ready and willing specifically to perform the agreement on his part of which the defendant has had notice. 4. [ Facts showing when the cause of action arose and that Court has jurisdiction.] 5. The value of the subject-matter of the suit for the purpose of jurisdiction is ………… rupees and for the purpose of court fee is …….. rupees. 6. The plaintiff claims that the Court will order the defendant specifically to perform the agreement and to do all acts necessary to put the plaintiff in full possession of the said property [ or to accept a transfer and possession of the said property] and to pay the costs of the suit. Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-) Download PDF Document In Marathi. (Rs.5/-)

Defence to Suits for Specific Performance 1. The defendant did not enter into the agreement. 2. ………………….. was not the agent for the defendant ( if alleged by plaintiff). 3. The plaintiff has not performed the following conditions - ( Conditions). 4. The defendant did not - ( alleged acts of part performance). 5. The plaintiff’s title to the property agreed to be sold is not such as the defendant is bound to accept by reason of the following matter - ( State why). 6. The agreement is uncertain in the following respects - (State them) 7. (Or) The plaintiff has been guilty of delay. 8. (Or) The plaintiff has been guilty of fraud (or mis-representation). 9. (Or) The agreement is unfair. 10. (Or) The agreement was entered into by mistake. 11. The following are particulars of (7), (8), (9), (10) ( or as the case may be). 12. The agreement was rescinded under Condition of Sale, No. 11 ( or by mutual agreement). ( In case where damages are claimed and the defendant dispute his liability to damage, he must deny the agreement or the alleged breaches, or show whatever other ground of defence he intends to relay on, e.g., the [Indian Limitation Act, accord and satisfaction, release, fraud, etc.)]. Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

AGREEMENT FOR EMPLOYMENT OF A MASTER QF THE SHIP.doc  AGREEMENT FOR EMPLOYMENT OF A MASTER QF THE SHIP THIS AGREEMENT made at ......the …………day of …………20…………BETWEEN M/s. Tata & Co. Ltd., a Company registered under the Companies Act, 1956 and having its registered office at .......................hereinafter called the Ship owners of the ONE PART And Shri A, son of…………Shri………… resident of …………Master mariner being…………Certificate No . …………issued by the …………hereinafter called the Master of the OTHER PART WHEREAS the Ship owners are the owners of the ship named............... bearing Registration No . …………with the ' Registrar ................ Port …………hereinafter called the said ship" AND WHEREAS the Ship owners have selected Shri A, as Master for the said ship and the said Shri X is appointed as Master for the said ship on the terms and conditions hereinafter appearing. NOW IT IS HEREBY MUTUALLY AGREED AS FOLLOWS: (1) The Ship owners will employ Shri A, as the Master and the Master shall serve the Ship owners as Master of the said ship at a salary of Rs . …………p.m. for a period of…………years form the date of his appointment. (2) The Master will deposit a sum of Rs . …………with the Ship owners as security, on which the Ship owners will pay to the Master or to his account @ …………% per annum on the …………day of.................20…………in each year until repayment thereof after making deductions made pursuant to the Clause hereof. (3) The Master will be employed from the date on which he deposits the security deposit with the ship owners. (4) The Master will look after the navigation or management of the said ship and the management of the Ship owners' business. The Master will obey the orders and directions given by the Ship owners or their duly authorised agents during the continuance of his employment. (5) The Ship owners will be entitled to terminate this agreement with three months notice or the salary in lieu thereof for the said period to the Master. The Master may also terminate this agreement by giving three months notice in writing expiring when the said ship shall be at a Port in India. This Agreement will also be terminated by the loss or constructive total loss of the said ship. (6) When the Ship owners serve notice to the Master for terminating this Agreement, the Master shall deliver the ship, her papers and all other documents relating to the ship or the Ship owners business to the person named in the notice. (7) If the notice of termination is served to the Master, when the said ship is out of India, the Ship owners will provide the Master with a passage to a Port in India and pay his salary until his arrival at such Port or pay to him the sum of Rs . …………in lieu thereof at their option. The Master will not be entitled to any compensation or damages from the Ship owners on earlier termination of this Agreement by the Ship owners or by the loss or constructive loss of the said ship. (8) If the Ship owners suffer loss or injury through the negligence, willful act or default of the Master in the navigation or management of the said ship or in the management of her business, the Ship owners will be entitled to deduct the amount which is required to make good the said loss or injury from the security deposit. (9) The Ship owners will repay the security deposit with interest within one month after the termination of this agreement (subject to the provisions of clause 8 hereof) to the Master or to his account at...................Bank . …………Branch………… (10) In case any dispute or question arises in relation to this Agreement, the same shall be referred to a single arbitrator to be agreed upon by the parties hereto. The arbitration under this Agreement will be governed by the provisions of Arbitration and Conciliation Act, 1996 or any statutory modification thereof. (11) This Agreement shall be executed in duplicate. The original shall be retained by the Ship owners and the duplicate by the Master. (12) The stamp duty and all other expenses of this Agreement and duplicate thereof shall be borne and paid by the Ship owners. (13) The marginal notes and the catch lines hereto are meant only for convenience of reference and shall not in any way be taken into account in the interpretation of these presents. IN WITNESS WHEREOF the Ship owners have caused their common seal to be hereunto affixed and the Master has subscribed his hand the day and year first hereinabove written. The common seal of the within named Ship owners M/s. Tata & Co. Ltd. was hereunto affixed pursuant to the Resolution of its Board of Directors passed on the ............ day of 20 …………in the presence of S/Shri ………… Signature of Director of the Company Signed and delivered by the within named Master A WITNESSES  Download Word Document In English. (Rs.15/-)

Bottomry Bond BY THIS BOND, I Mr. ...... Master of the ship by name ..... registered at the Port of ...... under No ..... hold myself firmly bound unto Mr. ...... carrying on business at ...... (hereinafter referred to as ''the Lender'') for repayment of the sum of Rs. ..... being the amount lent and advanced by him to me for emergency buying necessary provisions of oil and other articles and things and carrying out repairs to the said ship required for the further voyage of the said ship from the port of ....... at which she is at present anchored. AND for security for repayment of the said amount with interest thereon at ....... p.c. p.a. from the date hereof till repayment, I the said Mr. ...... by this bond hypothecate the said ship and her freight together with her tackle and apparel and also the cargo now on board of the said ship. AND it is hereby declared that the said ship and her freight and cargo are hypothecated for the security of the moneys advanced by the said Lender and they will be hypothecated or mortgaged to no other person until payment under this ''Bond is made in full with interest as aforesaid. IN WITNESS WHEREOF I, the said Mr. ..... have put my hand this ..... day of ....... MASTER OF THE SHIP WHEREAS the abovementioned ship having been compelled to put into the said Port of ..... for repairs, and necessaries as aforesaid and the owner of the said ship and her freight and the shippers and consignees of the cargo on board the said ship having failed to provide the moneys required to pay for the said repairs and for carrying necessaries, I the Master of the ship have been compelled to borrow the said amount at bottomry and have received from the Lender the said amount of Rs. ...... and which is run at bottomry on the hull and freight of the said ship from the said Port of .... on voyage to the port of ...... having permission to touch and stay at and proceed to all ports and places within the limits of the voyage at the rate of .... Per cent for the voyage. Now the condition of the Bond is that if I, the Master of the said ship or my personal representatives shall pay unto the said Lender or his personal representatives or assigns the said sum of Rs. ...... with interest accruing at the rate and for the period aforesaid, within .... days after discharge at the port of ..... being the port of destination or if the said ship is lost on the voyage, then the obligation under this Bond and the hypothecation hereby created shall be void and of no effect, otherwise to remain in full force and effect. (Signed by the Master) Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

Charter for The Period of A Voyage CHARTER PARTY AGREEMENT is made at ...... this ..... day of ....... between M/s. AB Shipping Co. Ltd. a company registered under the companies Act, 1956, and having its registered office at ....... Hereinafter referred to as ‘the Owners of the One Part and ...... M/s. XYZ & Co. Ltd., also a company registered under the said act and having its registered Office at ..... hereinafter referred to as ‘the Charterer’ of the Other Part; WHEREAS: 1.     The Owners fully own a seagoing vessel by name .... Of ..... tons gross register, and registered at the port of ..... under No. ...... hereinafter referred to as the said ‘Vessel’ and is more particularly described in the schedule hereunder written. 2.     The Charterer has offered to take and the Owners have agreed to let the Vessel on charter for a fixed time on the following terms. It is now agreed by and between the parties as follows:- 1.     The Owners, have let and the Charterers take on hire the vessel together with her bunkers, stores, and all articles and things lying therein for the period of a voyage from ..... to ...... commencing from the time the vessel is delivered and placed at the disposal of the charterers at the Port of ...... in such available berth where she can safely lie always afloat or safe aground where vessels of similar size and draft are accustomed to lie in safety as the charterers may direct, she being in every way fitted for ordinary cargo service. 2.     The vessel will be delivered to the Charterer at .... On the .... Day of .... 3.     The vessel shall be employed in lawful trades for the carriage pf lawful merchandise only. Damage caused by the shipment of dangerous cargo of any kind whatsoever shall be on Charterers’ account unless such damage is caused or contributed to by the negligence of the owners or those for whom they are responsible. 4.     The owners shall provide and pay for all the provisions and wages, for insurance of the vessel, for all deck and engine room stores and maintain her in a thoroughly efficient state in hull and machinery for and during the service including winches and cargo-handling gear. The winches of the ship shall be at the service of the Charterers by day and night with full steam or other power when and as required. 5.     While the vessel is on bay, the Charterers shall pay all port charges, pilot ages (whether compulsory or not) canal steersmen, boat age, lights, tug assistance, consular charges (except those pertaining to the master, officers and crew) canal, dock and other dues and charges, water for all purposes except water ballast, also all dock, harbor and tonnage dues at the ports of delivery and re-delivery (unless incurred through cargo carried before delivery of after re-delivery), agencies, commissions, and shall also arrange and pay for loading, stowing (including dunnage and shifting boards excepting any already on board) unloading, weighing, tallying and delivery of cargo (including overtime) surveys on hatches, meals supplied to officials and men in their service. 6.     If by reason of the nature of the cargo carried hereunder fumigation is required by the sanitary authorities the expenses of such fumigation and any resulting detention will be for the Charterers’ account. 7.     The charterers shall pay the cost of bunkers consumed during the currency of this charter while the vessel is on bay at the actual cost to owners of fuel on board at the time of delivery or if additional fuel is purchased and taken on board after delivery, at a price calculated at an average of the actual cost to the owners of all fuel on board at the time of delivery and purchased and taken on board during the period of this charter. 8.     The master of the vessel shall give Charterers or such person as they may nominate prompt notice of arrival at discharging port. The vessel shall discharge at such berth or place as Charterers may direct where she can safely lie always afloat or safe aground where vessels of similar size and draft are accustomed to lie in safety. 9.     The Charterers shall pay, every seven days, with the balance on re-delivery, freight in cash calculated at the rate of Rs..... per day and pro rata for the period of the voyage commencing ...... and continuing until re-delivery at ..... on completion of discharge of cargo, such re-delivery (unless otherwise agreed or vessel is used for Owner's account) to take place between ..... on ordinary working days or between ..... on ..... days. 10.  If the vessel is lost before completion of discharge, the Charterers shall pay as freight a lump sum calculated as above up to and inclusive of the day of loss, or, in missing, up to and inclusive of the day of probable loss. Should the vessel become a constructive total loss such loss shall be deemed to have occurred on the day of the casualty resulting in such loss. 11.  Where vessel in unable to sail from her discharging berth after completion of discharge by reason of nearing that is low tides a sum equivalent to the daily rate as above shall be paid in addition by way of demurrage for each day of detention and pro rata. 12.  The whole reach and burthen of the vessel, including lawful deck capacity shall be at the Charterers’ disposal, reserving proper and sufficient space for the vessel’s master, officers, crew, tackle, apparel, furniture, provisions and stores. 13.  The Charterers shall furnish the master with all instructions and sailing directions and the master and engineer shall keep full and correct logs accessible to the Charterers or their agents. 14.  The owners shall furnish the Charterers with full extracts of logs and time sheet relating to the voyage when rendering account for freight, etc. 15.  The Owners undertake that the master of the vessel shall prosecute the voyage with the utmost dispatch and render customary assistance with the vessel’s crew. 16.  16. In the event of dry docking or other necessary measures to maintain the efficiency of the vessel, deficiency of men or owner's stores, breakdown of machinery, damage to hull or other accident, either hindering or preventing the working of the vessel and continuing for more than twenty four consecutive hours, no freight need be paid in respect of any time lost thereby during the period in which the vessel is unable to perform the service immediately required. 17.  Section 2 of the Carriage of Goods by Sea Act, XXIV 1925 and rule 1 of Article III of the Rules contained in the schedule thereto shall apply to this charter party as if it were a "contract of carriage" as defined in that Schedule and rules 1 and 2 of Article IV in the said schedule shall apply as if the owners were "carriers" as therein defined. 18.  The vessel may work day and night as required. The Charterers shall reimburse the owners for payments made to officers and crew calculated according to the hours and rate stated in the vessel’s articles, for any overtime which may by incurred on Charterers’ work at loading or discharging port. 19.  The owners shall have a lien upon all cargo and sub-freights belonging to the Charterers and any bill of lading freight, for all claims under this charter. 20.  All salvage and assistance to other vessels shall be for the owners’ benefit after deducting the master’s and crew’s proportion and all legal and other expenses including freight paid under this charter for time lost in the salvage, also repairs for damage and coal or oil fuel consumed. The Charterers shall be bound by all measures taken by the Owners in order to secure payment of salvage and to fix its amount. 21.  The vessel shall have liberty to comply with any orders or directions as to departure, arrival, routes, ports of cell, stoppages, destination, delivery or otherwise howsoever, given by the government of India or any department thereof or any person acting or purporting to act with the authority of the government or of any department thereof or any person acting or purporting to act with the authority of the government or of any department thereof or by any committee or person having, under the terms of the war risks’ insurance on the vessel, the right to give such orders or directions and if by reason of and in compliance with any such order or directions anything is done or is not done, the same shall not be deemed a deviation, and delivery in accordance with such orders or directions shall be a fulfillment of the contract voyage and the freight shall be paid accordingly. 22.  The vessel shall be reported and/or cleared at the custom house at loading port by ..... agents and at discharging port by .... Agents. 23.  Should the vessel not be delivered by the day of ...... the Charterers shall have the option of canceling this agreement. 24.  If the vessel cannot be delivered by the canceling date, the Charterers, if required, shall declare within forty-eight hours after receiving notice thereof whether they cancel or will take delivery of the vessel. 25.  General average shall be settled according to York Antwerp Rules 1950. IN WITNESS WHEREOF  the parties have put their hands and seals the day and year first hereinabove written. Signed and sealed for and on behalf ) of the owners AB Shipping Co. Ltd., ) by its Managing Director Mr. ....... ) duly authorized, in the presence of ) Signed and sealed for and on behalf of ) the Charterers Mr. X & Co. Ltd. by its ) Managing Director Mr. ...... duly ) authorised in the presence of ....... ) Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)

Power of Attorney in a Court Case (Another Form) Let be known to all through these Presents that I…………….s/o…………………….r/o………………..do hereby constitute and appoint Sri………………….s/o…………………………r/o………………….my attorney in my name and on my behalf to do or execute all or any of the following acts or things with regards to First Appeal………………… of 19……….Mrs……………………….w/o…………………..r/o…………………….Vs. Mr………………..s/o…………………………..r/o…………………………..and others pending in the Court of……….at…………….in which I figure as respondent No. 2 in the array of parties. a.     To engage a counsel for proper conduct of the case. b.    To sign, verify and present before the aforesaid Court any application or other papers in connection with the aforesaid case. c.     To seek execution of the decree or order passed in the said appeal by moving application for that purpose and to sign and verify such application. d.    To deposit, withdraw or receive money with regards to and for the purpose of any proceedings in the aforesaid case. e.     To obtain copies of the documents and papers. f.     To do all other lawful acts which are necessary or incidental for the proper conduct of the aforesaid case. I do hereby that all acts, deeds and things, legally, done or executed by the said attorney shall be deemed to be acts, deeds and things before done by me. I also bind myself to ratify and confirm all and whatever is done or lawfully caused to be done for me on account of powers given by these presents. IN WITNESS WHEREOF etc……… Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

Power of Attorney by Landlords in Favour of Developers Download Word Document In English. (Rs.60/-) Download PDF Document In Marathi. (Rs.50/-) Know All Men By These Presents we (1) ......................... (2) ............................ (3) ............................ (4) ....................... resident of .......................... Whereas we are absolutely seized and possessed of or otherwise well and sufficiently entitled to a piece of land situated at ............................................... and, more particularly described in the Schedule I hereunder written. And Whereas by an agreement for sale dated ............................. executed by us as ourselves of the ONE PART and Shri .............................. and Shri .......................... as purchasers of the OTHER PART, we have agreed to sell a portion of the said land admeasuring ................... sq. meters, hereinafter referred to as the said property, more particularly described in the Schedule I hereunder written. And Whereas in pursuance of the said Agreement for sale, we have handed over the possession of the said property to the purchasers on .......................... which they have accepted and now the purchasers are in lawful possession of the said property. AND WHEREAS the purchasers have requested us to grant Power of Attorney in their favour to enable them to set the plans sanctioned by the Bombay Municipal Corporation and other appropriate authority and to start construction on the said land and to do all other acts and things, which we have agreed to do. NOW KNOW YOU ALL AND THESE PRESENTS WITNESS THAT we (1) ................. (2) ....................... (3) .................... (4) .............: do and each of us doth hereby nominate, constitute and appoint (1) Shri ............... and (2) ......................... hereinafter referred to as our Attorney, to be our true and lawful attorneys in our name and on our behalf to do jointly or severally all and/or execute all or any of the following acts, deeds, matters and things for us and on our behalf and in our names viz. 1.     To develop and sell the buildings consisting of flats for residential purpose in the said property. 2.     To apply, for permission/exemption from the Competent Authority, the State of _________ and/or any other authority/ authorities under the provisions of Urban Land (Ceiling and Regulation) Act, 1976 (for brevity ULC&R Act) and for the permission and/or sanction for development of the said property under the provisions of ULC&R Act, and for that purpose to make any declarations, sign forms in our name and on our behalf as our Attorney(s) shall deem fit and proper also to appear before appellate authorities under the said ULC&R Act and/or State Government in connection with the permission for transfer of the said property as also development of the said property as aforesaid and generally to do various acts, deeds, matters and things connected with the matters relating to ULC&R Act in the manner our said Attorney(s) may deem fit and proper and conducive in connection with all matters pertaining to Urban Land Ceiling clearance. 3.     To make and prepare and/or cause to be made and prepared at their entire cost all such layout, sub-division, plans, specifications and designs and/or any alterations in the existing plans and/or specifications as may be necessary, required and advisable at the discretion of our said Attorney(s) for the purpose of constructing the buildings on the said property to Municipal Corporation of _________ and/or any other Concerned Authority and/or Government of _________ and/or Local Bodies and to engage the services of any Architect, Engineer, Consultant, or any person as may be necessary or advisable at the discretion of our said attorney and to pay necessary fees and premium required for getting the plans sanctioned and do all other acts and things as may be necessary for getting the plans of the proposed buildings sanctioned by the Municipal and other authorities. 4.     To pay and discharge all ground rent, taxes, rates, assessments, charges, deductions, expenses and all other payments and outgoings whatsoever due and payable or which may hereafter become due and payable for or on account of the said property from the date of the said agreement onwards. 5.     To commence, carry out and complete and/or cause to be commenced and completed, construction work at their entire cost on the said property in accordance with the sanctioned plans and specifications and so far as any construction work is concerned, to see that all applicable rules and regulations, which are made by the Government of _____________ and/or Municipal Corporation of _____________ and/or Town Planning Authorities and/or Collector and/or any other Competent Authority or authorities for the time being are strictly observed. 6.     To invite tenders and offer for the purpose of construction of one or more buildings or structures on the said property, to accept such tenders or offers and such consideration and on such terms and conditions as the said attorneys may in his/their absolute discretion deem fit, to give the construction contract to such person(s) as our said attorneys may deem fit and proper and to get all such buildings or structures duly completed by the said contractors and to enter into such arrangements with such and other person or persons or body or bodies whether corporate or otherwise for the purpose of development of the said property wholly, partly or in stages and for constructions of buildings or structures thereon and/or furnishing the premises therein as the said attorneys may in his/their absolute discretion deem fit and to pay the cost of construction and development of the said buildings or structures and furnishing of the premises to such contractors and other persons or bodies and to obtain valid receipts and discharges therefor to enter into contracts for supply of materials, labour and for all other services as may be required for development and construction of the buildings or structures on the said property on such terms and conditions as my/our said attorneys may in his/their absolute discretion deem fit and proper. 7.     To carry on correspondence with all concerned authorities and bodies including the Government of ___________ and all its departments, the Municipal Corporation of ___________ and/or City Survey Officer and/or Police Authorities for the time being in connection with the sanction of plans, obtaining of floor space index for the construction proposed to be carried out on the said property and any other matters pertaining to the said property. 8.     To deal and correspond with Municipal Corporation of ____________ including all its Departments or officers or any other officers or Authorities in connection with or relating to or to the said property hereunder and in particular to do the following acts, deeds, matters and things viz.: a.     To apply for and obtain, sanction, revalidation with further alterations or additions or modifications, as our said Attorney(s) may require; b.    To apply for and obtain the occupation and/or completion certificates in respect of the buildings to be constructed and completed on the said property; c.     To deal with the Assessment Department of the Municipal Corporation of ___________ and to get the assessment from the Municipal Corporation of __________ of the said property. 9.     To appear and represent us before any and all concerned authorities and parties as may be necessarily required and/or advisable in the sole discretion of our said Attorney(s) for or in connection with the development of the said property and to make such agreements arrived at such arrangement as may be conducive to the development work and completing the same. 10.  To enter upon property at any time, affix board, put the barbed wire fencing or construct a compound wall on the said property or any portion thereof as per demarcation thereof and to make all payments for getting the work done. 11.  To represent before the public, local and/or private authorities in respect of the development of the property and to make such of the actions and things as may be necessary for effectually commencing the said development work and completing the same. 12.  To deal with the correspondence with the ________ Electric Supply and Transport Undertaking Ltd. for obtaining electric connection including execution of lease deed in respect of any portion of the said property for the purpose of enabling the _________ Electric Supply and Transport Undertaking Ltd. to put up and erect an electric sub-station for the supply of electricity to the buildings that may be constructed on the said property and for that purpose to sign, all letters, applications, undertakings, terms and conditions as may from time to time be thought necessary or as may be required by the concerned authorities. 13.  To empower on our behalf and in our name and to represent our interest before the City Survey Authorities, Land Record Authorities, Collector of land Revenue and Assessors of Municipal Rates and Taxes, Town Planning Authorities, Commissioner of Police and Municipal Commissioner and other officers for the grant of the licences or permits or for any other purpose or renewal thereof as may be necessary under any local Act, Rules, Regulations or Bye-laws and also to appear before any public or Government officer or other Authorities whosoever. 14.  To make applications for connections, electric supply and other incidental requirements which may be required for the purpose of development of the aforesaid property. 15.  To ask, demand, sue for, enforce payment or/and recover and receive and give effectual receipt and discharge from any person or persons, rents and/or compensation and/or mesne, profits in respect of the said property which now are or which at any time or times hereafter may become due and payable to us. 16.  To apply for refund of deposits made or to be made with the Municipal Corporation of ___________, ________ State Electricity Board and other concerned Authorities and receive the said refunds. 17.  To nominate, appoint, engage and authorise solicitors, advocates, Income-tax and sales tax practitioners, Chartered Accountants, Architects, Surveyors, Engineers, Contractors, Sub- Contractors and other professional agents and to sign and give warrants or vakalatnamas or other necessary authorities in their favour from time to time and to revoke their appointments and pay their remuneration including special fees and charges. 18.  To make, sign and submit applications, petitions, letters and writing appeals, etc. to appropriate Government Departments, Local authorities and/or other Competent Authorities under the Urban Land (Ceiling & Regulation) Act, 1976 or any other law or any other authorities for all and any licences, permissions, exemptions, sanctions and consents required by any law or otherwise in connection with the management, improvements and development of the said property. 19.  In connection with or relating to the said property to take action against person or tenants, occupiers, etc. if any, in any court, to represent us in any Court of law and to sign all applications, plaints, written statements, applications, affidavits, review, appeal, petitions, on our behalf from time to time be found necessary, proper and/or enter into any agreement relating to said development of property or to refer the same to arbitration or to otherwise deal with the same as effectively to all intents and purposes aforesaid to appoint Advocates(s), Solicitors and Counsel and to sign vakalatnama and/or authorisations on our behalf, but at their entire risk as to costs. 20.  In case the said property or any part thereof is notified for acquisition or requisition or reservation or road widening, to appear before the relevant authorities and to file applications, objections, claims for compensation or otherwise and to do all other acts, deeds, matters and things as may be necessary in that behalf and to file appeals, references, petitions against any order or orders made by such acquisition or requisitioning authorities and to accept service of any writ, summons or other legal proceedings or motion and to appear and represent us in any court and before all magistrates, judges, judicial officers and other authorities and tribunals whatsoever as by the said attorney's shall be thought advisable and to commence and continue any suit, petitions, actions or any other proceedings in any court of law and before any public officers or tribunals for receiving compensation for acquisition, requisition, reservation and/or relief for de-acquisition or de-requisitioning or de-reservation or otherwise whatsoever. 21.  To make application to the authorities of the Municipal Corporation ___________ and such other private and public authorities for making availability of water, electricity, etc. on the said property that may be required for commencing the development work and to complete the same and for that to execute necessary writings including undertakings. 22.  To make applications to the government or semi-government authorities for sanction of cement and steel and/or such other building materials as may be required for the said development work and for that purpose to execute necessary writings including undertakings and bonds and to furnish necessary deposits for the same. 23.  To manage the said property written hereunder and to take such of the steps as may be necessary to manage the said property till the time of completion of the said development. 24.  To evict or take possession of the said property in occupation of the tenants, occupants or trespassers, if any in the said property or any part thereof and to take all steps in that behalf such as negotiation, settlement, compromise or make agreements to get their rights surrendered and extinguished and also to create tenants of such duration as our attorney(s) shall deem fit either in our name or in the name of our attorneys and to collect and receive rents. 25.  To mortgage the said property or any part thereof in favour of any bank(s) or other financial institutions in such a manner as the attorneys think fit and proper for obtaining a loan by the attorneys and also to execute necessary deeds, affidavits, indemnity bonds or other relevant documents for creation of mortgage or charge on the said property, as the attorneys think fit. 26.  To sign and execute all papers, correspondence and all other deeds and assurances and documents of any kind whatsoever which we ourselves could have done for the completion of the said development work. 27.  To attend and to represent us before any Collector, Authorities or officers of Government of India or any other State or States, before all Revenue, Municipal, Public or other officers including those of Income-tax as occasion shall arise for any purpose connected with the said development work. 28.  To do any act, deed or thing, as our said Attorney(s) may deem fit and proper and necessary in the best interest of ourselves and in the best interest of the said property. 29.  To do all other acts and things which may be necessary to be done for rendering these presents valid and effectual to all intents and purposes in the best interest of the said property. 30.  For any of the purposes mentioned hereinabove to sign all applications, papers, undertakings, terms and conditions as may be required from time to time, at their own cost. 31.  To advertise in the newspapers for the sale of residential flats in the development and to enter into agreements for the sale of such residential flats with the prospective purchasers on and for such price or consideration and upon such terms and conditions as our said Attorney(s) shall deem fit and proper and for the same and also to execute all such writings as may be necessary, effectually entering into the said Agreements for sale of residential flats and to do all such necessary acts and things as may be necessary or proper in that behalf. 32.  Subject to fulfillment of obligations under the said agreement of development, to sign and execute for us and on our behalf the conveyance(s) in favour of our said Attorney(s) and/or their nominee or nominees including co-operative society(s) and to present any such conveyance(s) for registration to admit execution and receipt of consideration before the Sub-Registrar having authority for and to have the said conveyance(s) registered and to do all acts, things and deeds, which our said Attorney(s) shall consider necessary for conveying the said property to the purchaser or their nominee or nominees as fully and effectively in all respects as we could do the same ourselves. 33.  To apply for no-objection certificate or necessary permissions from the Municipal Corporation of Greater Bombay (Fire Brigade Department) for occupying the building and to do all acts, deeds or things for the said purpose. 34.  To sign declarations as may be required under section 269UC Of the Income-tax Act, 1961 and application under section 230A(I) of Income-tax Act, 1961 and to appear before any tax authority on our behalf to do all the acts, deeds, matters and things necessary for obtaining certificates under the Income-tax Act, 1961. 35.  To present for registration with the registering authority the document or documents of whatsoever nature executed by us and to admit the execution thereof before the registering authority. 36.  To sign, transfer forms, documents and writing for transferring the property in the records of Government or municipal authorities and other public authorities and to do all other acts in connection therewith. 37.  For all or any of the purposes of and power, authorities and discretion conferred by these presents to use and sign in our names or in which we may be in any way interested or to use and sign his/their name as our attorney(s) shall think fit without any reference or recourse to us. 38.  And also for more effectually doing, executing and performing the several matters and things aforesaid to appoint from time to time or generally such person or persons as our attorney(s) may think fit as their substitute or substitutes, to do, execute and perform all or any of such matters and things as aforesaid and any such substitute or other in his or their place and we hereby agree at all times to ratify and confirm whatever our attorneys or any such substitutes or substitute shall lawfully do or cause to be done in or about the said properties and even in case of demise of any of us our heirs and successors-in-title or administrators and assigns shall remain bound to reconstitute our said attorney or their nominees with such powers as per their directions. 39.  And to do every thing whatever which may be at the sole discretion of our said Attorney(s) deemed fit, or expedient for sale and/or enjoyment and/or development of the said property and which we ourselves could do if personally present and as if this power had not been executed. 40.  And generally to do and cause to be done all acts, deeds, matters and things as our said Attorney(s) shall think fit and proper for the purpose of sale of flats and enjoyment and the development of the said property, as amply and effectual as we could have personally done. 41.  All charges and expenses of and incidental to any act, deed, matter or thing done or caused to be done by our said Attorney(s) in exercise of any power or powers herein contained shall be borne and paid and provided for by our said attorney(s) alone and we shall not be responsible for the same and the said Attorney(s) shall indemnify and keep indemnified our estate and effects from and against the payment of the aforesaid costs, charges, that may have to be paid by us by reason of our Attorney(s) doing or causing to be done any act, deed, matter or thing by virtue of these presents. 42.  This power of attorney shall not be revoked by us for the reasons or on the grounds whatsoever and it shall remain irrevocable till the said constituted attorneys complete the development work and put the third party or parties in possession of the said flats duly constructed by them and until the conveyance(s) of the said property is executed in favour of our said attorney(s), their nominee/nominees, assignee including co-operative society or societies. 43.  Upon the death or incapacity of any of the Executants hereof, this power of attorney shall not become inoperative in respect of other Executants. In such an eventuality, it shall be the responsibility of such other Executants to obtain additional power of attorney from the legal heirs of such deceased executant. 44.  AND WE THE ABOVENAMED HEREBY AGREE AND UNDERTAKE to ratify and confirm all and whatsoever the said attorneys under the power in that behalf and shall lawfully do or cause to be done in the premises either jointly and/or severally aforesaid by virtue of these presents. IN WITNESS WHEREOF, we have hereunto set and subscribed our hands at .......... as aforesaid this ............. day of .............. 2000. The Schedule I above referred to The Schedule II above referred to Signed and delivered by the within named 1.       2.       3.       4.       WITNESSES; 1. 2. Identified by me Advocate

Deed of Conveyance (Where the Consideration is Payable by Installments) This Deed of Conveyance is made at ... this... day of.,.. between Mr. 'A' of... (hereinafter referred to as the 'Vendor') of the One Part, and Mr. 'B' of ... (hereinafter referred to as '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 situate at ... and more particularly described in the Schedule hereunder written. And Whereas the Vendor has agreed to sell the said property to the Purchaser at the price of Rs... and has received from the Purchaser a sum of Rs... as earnest money on the execution of the agreement for sale. And Whereas the balance is agreed to be paid by the Purchaser by installments as hereinafter provided. And Whereas the Purchaser has requested the Vendor to execute these presents which he has agreed to do. And Whereas for the purposes of stamp duty the consideration is valued at ... ... market value is fixed at ........ NOW THIS DEED WITNESSETH  that pursuant to the said agreement and in consideration of the sum of Rs.... paid as earnest money as aforesaid and of Rs.... paid on the execution of these presents ( receipt whereof the vendor hereby admits) and the balance of Rs.... agreed to be paid by the Purchaser to the Vendor by installments as hereinafter provided. making together the said sum of Rs.... agreed to be, paid by the Purchaser to the Vendor, He, the Vendor doth hereby convey and transfer by way of sale unto the Purchaser all that piece of land with the building and structures standing thereon situate at ... in the Registration Sub District of ... and more particularly described in the Schedule hereunder written and delineated on the Plan thereof hereto annexed by red coloured boundary line TOGETHER WITH ALL the things permanently attached thereto or standing thereon and all the privileges, casements, profits, rights and appurtenances whatsoever to the said land and other premises or any part thereof belonging or anywise appertaining thereto and ALL THE estate, right, title, Interest, use, possession, benefit. claim and demand whatsoever at law or otherwise of the Vendor to the said piece of land and other the premises hereby conveyed and every part thereof TO HOLD the same unto and to the use and benefit of the Purchaser absolutely and forever, subject to the payment of all rents, rates, taxes, assessments. dues and du ties now chargeable and payable and that may become chargeable and payable from time to time hereafter in respect of the same to the Government or the Municipal Corporation of... or any other public body or local authority in respect thereof. - - - - AND the Vendor doth hereby covenant with the Purchaser that, 1.     The Vendor now has in himself good right and full power to convey and transfer by way of sale the said piece of land, and other the premises hereby conveyed or intended so to be unto and to the use of the Purchaser in the manner aforesaid. 2.     The Purchaser may from time to time and at all times hereafter peaceably and quietly enter upon. occupy, or possess and enjoy the said land, and premises hereby conveyed with their appurtenances, and receive the rents, issues and profits thereof and every part thereof for his own use and benefit without any suit. lawful eviction or interruption, claim and demand whatsoever from or by him the Vendor or his heirs, or any of them or by any person or persons claiming or to claim, from, under or in trust for him or any of them., 3.     The Purchaser shall hold the said land and premises free and clear and freely and clearly and absolutely exonerated, and forever released and discharged or otherwise by the Vendor and well and sufficiently saved, defended, kept harmless and indemnified of, from and against all former and other estates, titles, charges and encumbrances whatsoever had, made, executed. occasioned and suffered by the Vendor or by any other person or persons claiming or to claim by, from, under or In trust for him; 4.     The Vendor and all persons having or claiming any estate, right, title or interest An the said land, and premises hereby conveyed or any part thereof by, from, under or in trust for the Vendor or his heirs, executors, administrators or any of them shall and will from time to time and at all times hereafter at the request and costs of the Purchaser do and execute and cause to be done and executed all such further and other lawful acts, deeds, things. In the law whatsoever for the better and more perfectly and absolutely granting the said land, and premises and every part thereof hereby conveyed unto and to the use of the Purchaser in manner aforesaid as by the Purchaser. his heirs, executors or administrators and assigns shall be reasonably required. And the Purchaser doth hereby covenant with the Vendor that the Purchaser shall and will pay the said balance purchase price of Rs.... by four equal quarterly Installments of Rs.... the first of such Installments to be paid on or before the ... day of... the second installment on or before the ... day of ... and the third Installment on or before the ... day of ... and the fourth installment on or before the ... day of... time being in each case the essence of the contract, AND it, is agreed that in the event of default of payment of any installment on the due date thereof the whole of the said balance or any part thereof remaining unpaid will at the option of the Vendor become due and payable at once, And it is further agreed that the Purchaser will be liable to pay and hereby agrees to pay Interest at the rate of Rs. ... per cent per annum on each and every defaulted installment from the date thereof till payment or recovery thereof and the Purchaser agrees and confirms that the said unpaid balance of the price and every part thereof will remain a statutory charge on the said land and premises hereby conveyed under Section 55(4) (b) of the Transfer of Property Act, 1882, and in the event of non-payment thereof the Vendor will be entitled to enforce the charge by sale of the said land and premises through Court and the Purchaser will be liable to pay all costs, charges and expenses incurred by the Vendor In enforcement of the charge. IN WITNESS WHEREOF the Vendor and the Purchaser have put their respective hands the day and year first hereinabove written. THE SCHEDULE ABOVE REFERRED TO (Description of the property). Signed and Delivered by the withinnamed Vendor Mr. in the presence of Signed and delivered by the With in named Purchaser Mr.... in the presence of ... Download Word Document In English. (Rs.40/-) Download PDF Document In Hindi. (Rs.50/-)

Deed of Covenant to Accompany Statutory Mortgage of Ship THIS DEED OF COVENANT is made the ....... day of ......... between M/s. AB & Co. Ltd., a company registered under the companies Act, 1956, having its registered office at ................. (hereinafter called the "Mortgagor") of the one part and Bank of ........... a banking corporation constituted under the Banking Companies (Acquisition and Transfer of Undertaking) Act 1970 and having its Head Office at ......... (here in after called the ''Mortgagee'') of the other part. WHEREAS: 1.     The mortgagor is the absolute and unencumbered owner of all the shares of and in the ship by name ....... and which is more particularly described in the schedule hereunder written and is hereinafter referred to as ''the said ship''. 2.     The mortgagees have lent to the mortgagor the sum of Rs. ........ upon having the same secured by a statutory mortgage of the said ship and upon the terms hereinafter set out and the mortgagor has executed a statutory mortgage of the said ship bearing even date with this deed and intended to be forthwith registered for securing the said sum of Rs. .... with interest and any other sums which may be owing in accordance with the terms of this deed. 3.     This deed is supplemental to the said mortgage and to the security thereby created. NOW THIS DEED WITNESSETH AS FOLLOWS: 1.     The mortgagor doth hereby acknowledge that the mortgagor owes to the mortgagees the principal sum of Rs. ...... (hereinafter called the principal sum) and hereby covenants with the Mortgagees as follows: a.     To pay interest at the rate of ..... per cent per annum on the principal sum or other the sum for the time being owing on the security of the said recited mortgage (hereinafter called the statutory mortgage) in half-yearly payments on the day ...... and on the ....... day of in every year and such interest to be paid on those dated respectively; b.    To repay the said principal amount by four installments that is to say, to pay a sum of Rs. ........ at the end of the first year from the date hereof, an equal sum of Rs. ...... at the expiration of three years from the date hereof, another sum of Rs...... at the expiration of three years from the date hereof and the balance of the principal sum on the expiration of four years from the date hereof, each time to be deemed of the essence of the contract. c.     In the event of default in payment of any installment of interest or the due date thereof as hereinabove provided the Mortgagor will be liable to pay and shall pay interest on such defaulted installment of interest at the rate as aforesaid from the date of default until payment as and way of compound interest. 2.     The statutory mortgage and the policies of insurance herein mentioned shall be held by the Mortgages as security for the payment of all monies for principal, interest or otherwise however (hereinafter referred to as ''the mortgagee debt'') which may become due and payable under or in respect of any of the provisions hereof. 3.     The mortgagor further covenants with the mortgagees that through out the currency of this security and until all monies secured hereby and by the statutory mortgage have been paid, the mortgage shall- a.     Insure and keep the said ship at all times insured to the extent of her full market value (in the joint names of the mortgagor and the mortgagees) by policies to be approved by the mortgagees against all such risks as are from time to time required by the mortgagees to be covered by insurance with such insurance companies underwriters war risks or other mutual insurance associations and through such brokers in India as the mortgagees shall from time to time approve in writing. b.    Enter and keep the said ship at all times entered in respect of her full value and tonnage in such protection and Indemnity association in India as the mortgagees shall approve for all risks and liabilities for the time being usually covered therein and to arrange for guarantees (if required) to be given to the satisfaction of such association. c.     Punctually pay all such premia, calls, contributions or other sums as may be payable by the Mortgagor in order so to insure and keep the ship insured and entered and to produce all relevant receipts when so required by the mortgagees. d.    Procure that the interest of the mortgagees shall be duly endorsed or noted upon all slips, cover notes, policies. Certificates of entry or other instrument of insurance issued in connection with such insurances or entry and that each and every policy covered by these provisions shall contain or have attached thereto a Loss payable Clause whereby any monies due in respect of claims under the policy shall be payable to the Mortgagees or in accordance with their directions; e.     Procure that all such instrument of insurance shall be deposited with the approved brokers and shall (if required) be delivered up by them to the Mortgagees or their nominees and that the brokers shall give appropriate letters of undertaking stipulating that the brokers will hold all such instruments for the benefit of the Mortgagees. f.     At the outset at any time of the Mortgagees, assign, endorse and deliver to the mortgagees the originals of all policies covered by these provisions and all monies insured by or to become payable under such policies or any of them and the full benefit thereof and to do all such things and execute all such documents as shall create legal title in such policies in the mortgagees. g.    Not do anything nor suffer anything to be done whereby any policy or policies on the ship or any cover afforded by the rules of any Association in which the ship is entered may be or become void and in particular shall not employ the ship or suffer the ship to be employed otherwise than in accordance with the terms of such policies and cover (including any warranties or trading limits therein) without first giving written notice to the mortgagees and obtaining the consent of the insurers concerned and complying with such requirements as to payment of extra premium or otherwise as the insurers may impose; 4.     And the Mortgagor doth hereby further covenant with the mortgagees as follows: a.     To keep the said ship registered as an Indian ship at any port of registry in India and not to do or suffer to be done anything whereby such registration may be forfeited or imperiled. b.    Not to employ or permit the said ship to be employed in any illicit trade or in carrying any illicit or prohibited goods; c.     Not to enter into any demise or other character whereby the mortgagor surrenders possession of the ship nor into any time or consecutive voyage charter on the said ship lasting or reasonably calculated to last for longer than ...... months; d.    Not, without the previous written consent of the Mortgagees, to sell, assign, mortgage, charge, or otherwise in cumber the ship or any share therein or to agree so to do; e.     To pay and discharge all debts and liabilities which may give rise to maritime or possessory liens on the said ship or to claims enforceable by actions in rem against the said ship or similar process so as to keep her free from arrest or detention and in the event of arrest or detention of the ship being threatened or effected, forthwith to notify the mortgagees thereof and to take all steps and make all payments necessary to obtain the release of the said ship from such arrest or detention within the week days from receiving notice thereof; f.     To maintain the said ship in her present class and to keep her and her machinery, auxiliaries and all equipment at all times in thoroughly good and seaworthy condition and repair and in such condition as to make her comply with the provisions of the Merchant Shipping Act, 1958 and of all other Indian regulations and requirements of the law of the Government of any country where the ship may trade and to renew and replace all parts and equipment as and when they may become worn out, damaged or lost by other of a similar nature and of at least equal value; g.    To permit the mortgagees to inspect the condition of the ship at all reasonable times and to give the mortgagees sufficient notice whenever practicable of dry dockings, surveys and major repairs so as to enable the mortgagees'' surveyors to attend thereat and if so required to supply to the mortgagees copies of survey reports on the said ship; 5.     And the mortgagor doth further agree and undertake- a.     Not, without the prior consent in writing of the mortgagees, to make any major alteration to the structure or equipment of the said ship; b.    To supply to the mortgagees on request full information regarding the said ship, her employment position and engagements, particulars of all towages and salvages and copies of all charters and other contracts concerning the ship; c.     To notify to the mortgagees forthwith by letter or in case of urgency by telegram (a) of any accident to the ship involving repairs, the cost whereof is likely to exceed Rs. ...... (b) of any occurrence whereby the ship has or is likely to become a total loss, (c) of any actual or threatened arrest, detention, seizure, confiscation or requisition of the ship (d) of any requirement of insurers'' classification society or any competent authority which is not immediately carried out and (e) of any petition or notice of meeting to consider any resolution to wind up the mortgagor company; d.    To manage the ship in a business like and efficient manner and keep proper books of account in respect of the ship which shall be available for inspection by the mortgagees at all reasonable times; e.     Punctually to pay all dues, charges, fees, rates, taxes, fines, penalties and other outgoings payable in respect of the ship and to produce all relevant receipts when so required by the mortgagees; f.     In the event of any requisition or seizure of the ship, by any authority, forthwith to assign, to the mortgagees all rights (if any) which the mortgagor may have, to receive any payment or compensation in respect of such requisitioning or seizure. g.    To keep a certified copy of these presents and of the statutory mortgage on board the ship and to bring the contents thereof to the notice of the master for the time being of the ship. h.     to permit the mortgagees to exercise all their rights and remedies under this deed and under the statutory mortgage and otherwise howsoever and to pay to the mortgagees on demand all monies whatsoever which the mortgagees may pay or become liable to pay (including legal costs on a full indemnity and between attorney and client basis) in connection with the protection, maintenance and enforcement of the security created by this deed and the statutory mortgage or the exercise of any of the aforesaid rights and remedies and all such monies shall be added to and form part of the principal sum and shall bear interest accordingly; 6.     The mortgagees shall, without prejudice to their other rights and powers, be entitled (but not bound) at all times to take any such action as they may think fit for the purpose of protecting the security created by this deed and by the statutory mortgage and in particular (but without prejudice to the generality of the foregoing). a.     In the event of any failure by the mortgagor to comply with any of the provisions of this deed relating to insurance, to effect and maintain such insurance of and relating to the said ship as the mortgages shall think fit; b.    In the event of the mortgagor failing to carry out any repairs to the said ship within ......... weeks of being instructed in writing by the mortgagees to effect such repairs, to cause such repairs as they consider necessary to be carried out; c.     In the event of the mortgagor failing to obtain the release of the ship within ..... days in accordance with sub-clause (e) of clause 4 hereof, to take all such steps and make all such payments as may be necessary to obtain such release. 7.     The mortgagor shall indemnify the mortgagees on demand against all and any expenditure and liability incurred by the mortgagees in and about the protection of the security as aforesaid. 8.     All monies secured by this deed and/or by the statutory mortgage shall become immediately due and payable, without any demand, and the security shall become enforceable if the mortgagor has made default in any of the following respects or if any of the following events should happen; a.     If the mortgagor does not pay any installment of the principal amount on the day stipulated herein in clause (1) sub clause (b) for the payment of the same; b.    If the mortgagor fails to pay any installment of interest on the due date thereof as provided in clause (1) (a) hereof. c.     If the mortgagor does not observe or perform any of the covenants or obligations contained herein or in the statutory mortgage; d.    If the said ship be lost, or substantially damaged in collision at sea or otherwise or captured, seized, confiscated or requisitioned for title; e.     If a petition be filed or an order be made or an effective resolution be passed for the compulsory or voluntary winding up otherwise than for the purpose of reconstruction or amalgamation, of the mortgagor or if a receiver shall be appointed of the undertaking or property of the mortgagor or if the mortgagor suspends payment or cease to carry on business or make any special arrangement or composition with its creditors. 9.     When the security created by this deed and/or by the statutory mortgage shall become enforceable as herein provided, the mortgagees without prejudice to any statutory or common law remedies or powers which they may possess, shall forthwith be entitled as and when they shall think fit with or without notice to do all or any of the following: - a.     To take possession of the ship; b.    Either with or without taking possession of the ship, to take appropriate legal proceedings in a court of law including interim proceedings for arrest of the ship and for appointment of a Receiver thereof and to invite judgment for sale of the ship or any part thereof by public auction or private contract upon such terms as the court may think fit and without being answerable for any loss occasioned by such sale or by any postponement thereof; c.     Upon any such sale as aforesaid to give a receipt for the purchase money which shall effectually discharge the purchaser or persons paying the same and the purchaser shall not be bound to see or inquire whether the mortgagees'' power of sale has arisen and shall not be concerned with the manner of application of the proceeds of sale or be in any way answerable therefore; d.    After taking possession of the ship as aforesaid, to manage, insure, maintain and repair the ship and to employ or lay up the ship for so long and in such manner as they may think fit and to do all acts and things incidental thereto and to enter into such arrangements respecting the ship or the working thereof in all respects as if the Mortgages were the owners of the ship and without being answerable for any loss thereby incurred. 10.  All expenses, payments and disbursements incurred or paid by the Mortgagees in and about the exercise of any of their powers herein contained shall be payable by the Mortgagor to the Mortgagees on demand, failing which the same shall form part of the Mortgage debt and the Mortgagor shall indemnify the Mortgagees against all losses and liabilities which the Mortgagees may incur in the exercise of such powers. 11.  The Mortgagees shall hold the monies received by them on the total loss of the ship or on the sale of the ship or any part thereof or by way of payment or compensation for any requisitioning or seizure of the ship upon trust, in the first place, to pay or retain all costs and expenses incurred in connection with such loss or sale or the obtaining of such payment or compensation or in or about the execution of the powers conferred upon them by this deed and shall apply the balance first in or towards payment of all unsatisfied interest owing to the Mortgagees hereunder, secondly in or towards payment of the principal sum, thirdly, in or towards payment of all other monies then owing or which will thereafter become owing hereunder and fourthly, shall pay the surplus if any to the Mortgagor. 12.  Any monies received by the Mortgagees upon any insurance effected by the Mortgagor pursuant to this deed other than for a total loss as aforesaid shall so long as the security has not become enforceable under clause 8 hereof be paid over by the Mortgagees to the Mortgagor and shall be applied by the Mortgagees in making good any loss or damage in respect of which such insurance monies were received. 13.  The Mortgagees covenant with the Mortgagor as follows: - a.     Not to exercise their powers of enforcement of the security created by this deed and by the statutory mortgage until or unless the Mortgagor has made default in observance of any of the covenants or agreements or any of the events shall happen which are specified in clause 8 hereof; b.    That upon payment of all monies secured by the said Mortgage and payable hereunder shall become enforceable and upon payment of all costs, charges and expenses and the discharge of all liabilities of the Mortgagees in relation of the said ship they will discharge the statutory mortgage and re-transfer or reassign to the Mortgagor all such policies, certificates of entry and other documents relating to the ship as may remain in their possession. 14.  No delay in exercising or omission by the Mortgagees to exercise any right or power vested in them under this deed or the said statutory mortgage, shall impair such right or power and shall not be construed as a waiver of or as an acquiescence in any default by the Mortgagor and in the event of the Mortgagees on any occasion agreeing to waive any such right or power such waiver shall not in any way prejudice pr affect the right of the Mortgagees afterwards to act strictly in accordance with the powers conferred upon them under this deed or the statutory mortgage. 15.  The statutory mortgage and this deed shall be additional to any other security which may now or hereafter be given to the Mortgagees by the Mortgagor and section 61 of the Transfer of Property Act, 1882 shall have no application hereto. 16.  The statutory mortgage and this deed shall be construed in accordance with and be governed by the Indian Law. IN WITNESS WHEREOF the parties hereto have put their respective hands the day and year first hereinabove written. THE SCHEDULE ABOVE REFERRED TO: The common seal of the withinnamed ) Mortgagor Company M/s. AB & Co. ) Ltd., is hereto affixed pursuant to the ) resolution of the Board of Directors ) dated ....... In the presence of Mr. ....... ) the Managing Director and countersigned ) by Mr. ....... Director/Secretary duly ) authorised in that behalf and who is token ) thereof have put their signatures opposite ) in the presence of ............. ) 1. 2. Signed for & on behalf of the ) withinnamed Mortgagees Bank of ) ....... By the general Manager Mr. ...... ) duly authorized in that behalf in the ) presence of ........... ) Download Word Document In English. (Rs.60/-) Download PDF Document In Marathi. (Rs.60/)