0% found this document useful (0 votes)
34 views44 pages

DCB Business Loan Agreement Feb 23 Live - DCB Bank

The DCB Business Loan Agreement outlines the terms between DCB Bank and the Borrower, detailing the loan amount, interest rates, repayment terms, and conditions for disbursement. It includes definitions for key terms, responsibilities of the Borrower regarding payments and security, and provisions for prepayment and alterations to the loan schedule. The agreement emphasizes the joint liability of multiple Borrowers and the implications of employment changes on loan repayment obligations.

Uploaded by

vg.priya06
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
34 views44 pages

DCB Business Loan Agreement Feb 23 Live - DCB Bank

The DCB Business Loan Agreement outlines the terms between DCB Bank and the Borrower, detailing the loan amount, interest rates, repayment terms, and conditions for disbursement. It includes definitions for key terms, responsibilities of the Borrower regarding payments and security, and provisions for prepayment and alterations to the loan schedule. The agreement emphasizes the joint liability of multiple Borrowers and the implications of employment changes on loan repayment obligations.

Uploaded by

vg.priya06
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 44

DCB BUSINESS LOAN

Agreement
Fixed plus Floating Interest

Floating Interest

334-Ver 1.0-September 2013 M022 / Feb 23 / 2.2


Please note :

- Initials of all the Borrowers

- Full signature of all the Borrowers


LOAN AGREEMENT
This Loan Agreement (“Agreement”) made at the place and on the date stated in the Schedule attached hereto BETWEEN DCB BANK
LIMITED incorporated under the Companies Act, 2013 (CIN: L99999MH1995PLC089008) and deemed to exist within the meaning of
Companies Act, 2013, having its Registered Office at 6th Floor, Tower A, Peninsula Business Park, SenapatiBapat Marg, Lower Parel,
Mumbai - 400013 (hereinafter referred to as "DCB Bank"), which expression shall unless the context otherwise requires, include its
successors and assigns, of the ONE PART; AND The BORROWER whose name/s and address/es is/are stated in the Schedule
(hereinafter referred to as 'the BORROWER'), which expression shall unless the context otherwise requires, include his/her/their heirs,
executors, administrators and successors) of the OTHER PART:
CLAUSE 1: DEFINITIONS
1.1 The following definitions apply throughout this Agreement unless the context otherwise requires
a) The term ‘Agreement’ means this agreement and any amendment and/or addendum made thereto from time to time by
the parties hereto
b) The term ‘Account’ means the account established by the Borrower with DCB Bank;
c) The term ‘EBLR’ means the EBLR (External Benchmark Linked Rate)/ RBLR BL (Revised Benchmark Linked Rate
Business Loan) as fixed by DCB Bank.
d) The term ‘End Use of Funds Letter’ means the letter submitted by the Borrower to DCB Bank detailing the purpose for
which the Loan has been applied and borrowed;
e) The expression ‘Equated Monthly Instalment’ or ‘EMI’ means the amount of monthly payment necessary to amortise
the Loan with interest over the period of the Loan;
f) The expression ‘Pre Equated Monthly Instalment Interest’ (PEMII) shall mean payment of monthly interest on the Loan
amount at the rate referred to in CLAUSE 2.2 from the date and / or respective dates of disbursement to the date
immediately prior to the date of commencement of the EMI.
g) The term ‘Loan’ means the amount of loan provided for in Clause 2.1 of this Agreement and the Schedule;
h) The term ‘Loan Application’ means the application submitted by the Borrower to DCB Bank for availing of the Loan;
i) The term ‘Prepayment’ means premature repayment as per the terms and conditions laid down by DCB Bank in that
behalf and in force at the time of prepayment;
j) The term “Property” means the immovable property, described in the Schedule to this Agreement, which is owned/jointly
owned by the Borrower and which includes:
a. in the case of a part of a building, the entire built-up area (and any additions thereto), the proportionate share in the
common areas of the building and the proportionate undivided share in the land on which the said building is situated, OR
b. in the case of an independent structure, the structure and entire plot of land on which the structure is situated;
k) The expression ‘Rate of Interest’ means the rate of interest as referred to in Clause 2.2 of this Agreement;
l) The term ‘Repayment’ means the repayment of the principal amount of Loan, interest thereon, and / or other charges,
premium, fees or other dues payable in terms of this Agreement to DCB Bank; and means in particular, amortisation
provided for in Clause 2.7 of this Agreement;
m) The term ‘Schedule’ means the Schedule to this Agreement written after Clause 12 and which forms an integral part of
this Agreement;

1
n) The term “Security Cheque” means the cheque drawn by the Borrower in favour of DCB Bank with the amount left blank
and marked “NOT OVER “ the sanctioned loan amount stated in the Schedule”.
o) “Insurance Company” means the insurance company through whom the Borrower applies and takes the MRTA policy;
p) “MRTA policy” means Mortgage Redemption Term Assurance (MRTA) policy taken by the Borrower in respect of which
DCB, at the request of the Borrower, has disbursed / agreed to disburse the Insurance Premium towards the policy as set
out in the Schedule hereto and on the terms and conditions set our hereunder.
1.2 The term ‘Borrower’ wherever the context so requires shall mean and be construed as ‘BORROWERS’ and the masculine
gender wherever the context so requires shall mean and be construed as the feminine gender.
1.3 The terms and expressions not herein defined shall where the interpretation and meaning have been assigned to them in terms
of the General Clauses Act, 1897, have that interpretation and meaning.
1.4 The Borrower hereby gives specific consent DCB Bank for disclosing / submitting the ‘financial information’ as defined in
Section 3 (13 ) of the Insolvency and Bankruptcy Code, 2016 ( ‘Code’ for brief ) read with the relevant Regulations/ Rules framed
under the Code, as amended and in force from time to time and as specified there under from time to time, in respect of the said
facilities availed from DCB Bank, from time to time, to any ‘Information Utility’ ( ‘IU’ for brief ) as defined in Section 3 ( 21 ) of the
Code, in accordance with the relevant Regulations framed under the Code, and directions issued by Reserve Bank of India to
the banks from time to time and hereby specifically agree to promptly authenticate the financial information submitted by
DCB Bank, as and when requested by the IU concerned .
CLAUSE 2: LOAN, INTEREST, etc.
2.1 Amount of Loan
The Borrower agrees to borrow from DCB Bank and DCB Bank agrees to lend to the Borrower a sum as stated in the Schedule
on the terms and conditions herein set forth and for the purpose set out in the End Use of Funds Letter.
The Borrower agrees that, as specified in the Schedule hereto, part of the Loan shall be disbursed by DCB Bank for the purpose
set out in the End Use of Funds Letter and part of the Loan shall be disbursed to the Insurance Company on behalf of the
Borrower towards payment of premium for the Mortgage Redemption Term Assurance (MRTA) policy if applied for by the
Borrower and indicated in the Schedule hereto. The Borrower also agrees that in the event the application for the said MRTA
policy is not accepted by the Insurance Company, for any reason whatsoever, the Borrower shall have authorised the
Insurance Company and DCB Bank shall be entitled to receive on behalf of the Borrower the refund of the premium amount
paid and in such an event, the Borrower agrees and authorises DCB Bank to appropriate the refund of the premium towards the
part pre-payment of the Loan.
2.2 Interest
a) The rate of interest applicable to the Loan as on the date of execution of this Agreement is as stated in the Schedule hereto.
PROVIDED THAT in the event DCB Bank desires to increase or decrease the rate of interest prior to the disbursement of the
full loan, the new rate of interest shall become applicable to the Loan forthwith from the date of such change in the rate of
interest.
b) The floating rate of interest shall be reviewed by DCB Bank at such intervals as specified in the Schedule and upon such
review DCB Bank may at its sole discretion change the interest rate.
c) The Borrower shall reimburse or pay to DCB Bank such amount as may have been paid or payable by DCB Bank to the
Central or State Government on account of any tax levied on interest (and/or other charges) on the Loan by the Central or
State Government. The Borrower shall make the reimbursement or payment immediately as and when called upon to do so
by DCB Bank.
d) The Borrower understands and agrees that, in the event DCB Bank disburses part of the Loan to Insurance Company on
behalf of the Borrower towards payment of premium for the MRTA policy if applied for by the Borrower and as indicated in
the Schedule hereto, the Borrower is liable to pay interest on such disbursement notwithstanding any request for to cancel
the MRTA policy and/or refund of the insurance premium by the Borrower or Insurance Company as permitted under the
terms of the MRTA Policy. Such interest shall be payable by the Borrower until the receipt of refund of insurance premium by
DCB Bank and appropriated towards the principle amount of the Loan outstanding as part pre-payment of the Loan in terms
of this Agreement.
e) Repricing can have an impact on the approved tenor or EMI or both.
2.3 Computation of Interest
The EMI comprises of principle and interest calculated on the basis of monthly rests at the rate applicable and is rounded off to
the next rupee.
2.4 Payment of Other Expenses
The borrower undertakes to pay forthwith on demand to DCB Bank all costs and expense (including legal costs between legal
counsel and clients) on a full indemnity basis incurred or to be incurred by DCB Bank for investigation of title to any property
offered as security and for the preparation, execution, preservation, performance, enforcement and realisation of the
outstanding Loan amount, security documents and other instruments creating and/or evidencing the creation of any
security/ies for the Loan as also any other instruments required in connection with the Loan.
2.5 Details of Disbursement
The Borrower agrees that, as specified in the Schedule, part of the Loan shall be disbursed by DCB Bank for the purpose set
out in the End Use of Funds Letter and part of the Loan shall be disbursed to the Insurance Company on behalf of the Borrower
towards payment of premium for the Mortgage Redemption Term Assurance (MRTA) policy if applied for by the Borrower and
indicated in the Schedule hereto. The Borrower agrees that the part of the Loan disbursed by DCB Bank for the purpose set out
in the End Use of Funds Letter shall be disbursed in one lump-sum. The Borrower shall hereby acknowledge the receipt of the
Loan disbursed, in the form required by DCB Bank, of each amount so disbursed.
2.6 Mode of Disbursement
All payments to be made by DCB Bank to the Borrower or on behalf of the Borrower under or in terms of this Agreement shall be
made by Demand Draft (DD) / Bankers Cheque / NEFT / RTGS / cheque duly crossed and marked 'A/c payee only' and the
collection charges, if any, in respect of all such instruments will have to be borne by the Borrower and the interest on the Loan
will begin to accrue in favour of DCB Bank as communicated by DCB Bank to the Borrower irrespective of the time taken for
transit / collection / realisation of the cheque by the Borrower or his bank.

2
2.7 Amortisation
a) Subject to Clause 2.2, the Borrower will amortise the Loan as stipulated in the Schedule herein below. Provided that
where there is any change in such amortisation due to downward revision of interest rate, DCB Bank shall not be required
to give notice or intimate the Borrower in writing.
b) In addition to (a) above, the Borrower shall pay to DCB Bank, PEMII every month, if applicable. The Borrower shall also
make payment apart from PEMII and EMI as may be required by DCB Bank due to any change in the rate of interest and /
or any regulatory and / or statutory requirement.
c) Notwithstanding what is stated in Clause 2.7 (a) above and in the Schedule, DCB Bank shall, unless specifically provided in
terms of this Agreement, have the right, in the event of default in terms of Clause 7 herein, to review and reschedule the
repayment terms of the Loan or of the outstanding amount thereof in such manner and to such extent as DCB Bank shall at its
sole discretion decide. In such event/s the Borrower shall repay the Loan or the outstanding amount thereof as per the revised
Schedule as shall be determined by DCB Bank in its sole discretion and communicated to the Borrower by DCB Bank in writing.
d) DCB Bank shall have the right to require the Borrower to furnish such information / documents concerning his employment,
trade, business or profession at any time and the Borrower shall furnish such information / documents immediately on
demand.
2.8 Delay in payment of EMI etc.
a) No notice, reminder or intimation shall be given to the Borrower regarding his/her/their obligation and responsibility to
ensure prompt and regular payment of interest, PEMII, Equated Monthly Installment (EMI) and / or the Insurance Premium
under the MRTA policy and all other amounts payable by the Borrower to DCB Bank on the respective due dates.
b) The delay in payment of EMI or PEMII shall render the Borrower liable to pay additional interest as specified in the
Schedule to this Agreement or at such higher rate as per the rules of DCB Bank in this regard as in force from time to time
and communicated to the Borrower by DCB Bank in writing. In such event, the Borrower shall also be liable to pay
incidental charges and costs to DCB Bank as shall be communicated by DCB Bank.
2.9 Prepayment
DCB Bank may, in its sole discretion and on such terms as to prepayment charges, minimum prepayment amount, etc., as it
may prescribe, permit prepayment/acceleration in payment of EMIs at the request of the Borrower, subject that DCB Bank may
specify, from time to time, the minimum amount of prepayment/ amounts payable on account of acceleration of EMIs. In the
event DCB Bank permits any prepayment/acceleration, the repayment schedule for the Loan shall be amended altered by
DCB Bank for giving effect to such prepayment/acceleration, and such amended/altered repayment schedule shall be binding
upon the Borrower. Part prepayments made during the month, if any will be adjusted towards principal only on the next cycle
due date of EMI.
2.10 Alteration and Re-Scheduling of Equated Monthly Installments
If the Loan is not totally drawn by the Borrower within a period of Twelve (12) months from the date of letter of offer the EMI may
be altered and re-scheduled in such manner and to such extent as DCB Bank may, in its sole discretion, decide and the
repayment will be made as per the said alteration and re-scheduling notwithstanding anything stated in Clause 2.7 and the
Schedule.
2.11 Liability of the Borrower to be joint and several
Where the Loan is provided to more than one Borrower or where the payment obligations are secured by any guarantee,
notwithstanding anything herein stated, the liability of the Borrower/s to repay the Loan together with interest, charges and all
other amounts and to observe these Terms and Conditions and terms and conditions of any other agreement/s, document/s
that may be executed by the Borrower with DCB Bank in respect of the Loan or any other loan or loans is joint and several.
2.12 Upon the Borrower opting for any scheme or accepting any offer from his employer providing for any benefit for resigning or
retiring from the employment prior to superannuation, or upon the employer terminating his employment for any reason
whatsoever or upon the Borrower resigning or retiring from the service of the employer for any reason whatsoever, then
notwithstanding anything to the contrary contained in this agreement or any letter or document, the entire outstanding
principal amount of the loan as well as any outstanding interest and other dues thereon shall be payable by the Borrower to
DCB Bank from the amount or amounts receivable by him from the employer under such scheme or offer, or any terminal
benefit, as the case may be. Provided however, in the event of the said amount or amounts being insufficient to repay the said
sums to DCB Bank in full, The unpaid amount remaining due to DCB Bank shall be paid by the Borrower in such manner as DCB
Bank may in its sole discretion decide and the payment will be made by the Borrower accordingly notwithstanding anything
stated in Clause 2.6 and the Schedule. The Borrower hereby irrevocably authorises DCB Bank to communicate with and
receive the said amounts from his employer directly.
CLAUSE 3: SECURITY
3.1 Security for the Loan: The Borrower shall create security (including but not limited to in the form of the Property), alternate
security and/or additional security and/or guarantee as shall be required and / or considered appropriate by DCB Bank in
favour of DCB Bank in such manner and form and at such time as DCB Bank shall at its sole discretion require as a security for
repayment / payment of all the dues by the Borrower under this Agreement or otherwise in relation to the Loan including
principal amounts, interest, equated monthly installment, additional interest, costs, services charges, and all other amounts
due.
3.2 The Borrower shall comply with the following:
(a) To give a declaration to the effect that the Borrower has a clear and marketable title to the Property to be offered as
security free from reasonable doubts and encumbrances, and that the Borrower indemnifies and keeps DCB Bank saved
and harmless against any risk whatsoever.
(b) To execute any such agreement/s, document/s, undertaking/s that may be required now or hereafter at any time during
the pendency of this Loan and/or any other loan or loans granted by DCB Bank hereafter.
3.3 DCB Bank reserves the right to assign / sell / securitise the assets (including but not limited to the Property) with or without
security, if any, in any manner of all rights, title and interest of the Borrower which DCB Bank deems appropriate and the
Borrower hereby expressly agrees that in that event, DCB Bank is not required to obtain any permission or put the Borrower to
any prior notice.
3.4 The Borrower agrees that in the event of repayment of the Loan and other amounts due under this Agreement but there being
any outstanding under any other loan / overdrafts / other financial facility availed of by the Borrower from DCB Bank, then, in

3
such event, the Borrower undertakes to extend such security created in terms of Clause 3.1 under this Agreement to cover
such outstanding loan facility and DCB Bank shall not be obliged to release the said security (including but not limited to the
Property) for any such loan facility availed of by the Borrower from DCB Bank. The Borrower further agrees that in the event of
any outstanding amount due under this Agreement, but there being full repayment of loan and other amounts due under any
other secured / unsecured loan / overdrafts / other financial facility availed of by the Borrower, from DCB Bank, then in such
event, the Borrower undertakes to extend such security to cover the outstanding amounts due under this Agreement and
DCB Bank shall not be obliged to release the security created by the Borrower.
CLAUSE 4: CONDITIONS PRECEDENT TO DISBURSEMENT OF THE LOAN.
4.1 Title
The Borrower assures DCB Bank that the Borrower has absolute, clear and marketable title to the Property and that the said
Property is absolutely unencumbered and free from any liability whatsoever.
4.2 Other Conditions for Disbursement
The obligation of DCB Bank to make any disbursements under this Loan Agreement shall also be subject to the conditions that:
(a) Non-existence of Event of Default
No event of default as defined in Clause 7 shall have happened.
(b) Evidence for utilisation of Disbursement
DCB Bank should be satisfied at the time of request for a disbursement that the same is required immediately by the
Borrower for the purpose set out in the End Use of Funds Letter and / or payment of premium towards the MRTA policy as
the case may be and the Borrower shall procure evidence satisfactory to DCB Bank of the proposed utilization of the
proceeds of the disbursement of the Loan.
(c) Extraordinary Circumstances
No extraordinary or other circumstances shall have occurred which shall make it improbable for the Borrower to fulfill his
obligations under this Agreement.
(d) Utilisation of prior Disbursement
The Borrower shall have satisfied DCB Bank about the utilisation of the proceeds of any prior disbursements.
(e) Pending Legal Proceedings
The Borrower shall have furnished a declaration to the effect that there is no action, suit, proceedings or investigation
pending or to the knowledge of the Borrower threatened by or against the Borrower, before any Court of Law or
Government authority or statutory / regulatory authority or any other competent authority which might have a material
effect on the financial and other affairs of the Borrower or which might put into question the validity or performance of this
Agreement or any of its terms and conditions.
(f) The Borrower declares that neither the Borrower nor its Directors / Partners is a director or specified near relative of a
director of a banking company or specified near relative of any Senior Officer of DCB Bank.
(g) The Borrower declares that no such Senior Officer and no relative of such Senior Officer of DCB Bank holds “Substantial
Interest” as defined in section 5 (ne) of the Banking Regulation Act, 1949 in the Borrower’s undertaking nor is any such
relative a guarantor of such Borrower’s undertaking.
CLAUSE 5: COVENANTS
5.1 Particular Affirmative Covenants
(a) Utilisation of the Loan
The Borrower shall utilise the entire Loan for such purposes as indicated by the Borrower in this Loan Application and for
no other purpose whatsoever.
(b) Maintenance of the Property
The Borrower shall maintain the Property in good order and condition and will make all necessary additions and
improvements thereto during the pendency of the Loan.
(c) To notify change in employment etc.
The Borrower shall notify any change in his employment, business or profession within fifteen (15) days from the date of
the said change.
(d) Compliance with rules etc, and payment of maintenance charges etc.
The Borrower shall duly and punctually comply with all the terms and conditions for holding the Property and all the rules,
regulations, bye-laws etc., of the concerned co-operative society, association, limited company or any other competent
authority, and pay such maintenance and other charges for the upkeep of the Property as also any other dues etc, as may
be payable in respect of the Property or the use thereof.
(e) Loss / Damage to the Property
The Borrower shall promptly inform DCB Bank of any material loss / damage to the Property that may be caused to it for
any reason whatsoever.
(f) Insurance
The Borrower shall ensure that the Property is duly insured against fire, earthquake, flood, storm, tempest or typhoon and all
other natural calamities and acts of God for a value as shall be required by DCB Bank, with DCB Bank being made the sole
beneficiary under the policy. In addition to the above-said insurance, if the Borrower takes a MRTA life term insurance, which
compensates the borrower for the outstanding amount of the loan only in the event of his/her death, both the above-said
insurance policies shall be assigned to the DCB Bank. The Borrower shall be solely responsible for renewal of the said
insurance policies as and when it becomes due for payment of premium and renewal. Also in the event of claims, if any, the
Borrower and / or joint Borrower shall comply with all necessary formalities and liaise directly with the Insurance Company
5.2 Notify additions, alterations
The Borrower shall notify and furnish details of any additions to or alterations in the property or the user of the property, which
might be proposed to be made during the pendency of the Loan.
5.3 DCB Bank's Right to Inspect
The Borrower agrees that DCB Bank or any person authorised by it shall have free access to the Property for the purpose of
inspection / supervising and/or otherwise inspecting the Property for any reasons as DCB Bank may deem fit and proper as
also to ascertain the proper utilisation of the Loan. The Borrower further agrees that DCB Bank shall have free access to the
Property for the purpose of inspection at any time during the pendency of the Loan.

4
5.4 Negative covenants
The Borrower further covenants with DCB Bank that unless, DCB Bank shall give prior approval in writing, the Borrower shall not:
a. Utilisation of funds: Use the Loan facility for any speculative purpose, anti social purpose or any other purpose not stated
in the End Use of Funds Letter.
b. Possession: Let out or give on leave and license or otherwise, howsoever part with the possession of the Property or any
part thereof.
c. Alienation: Sell, mortgage, lease, surrender or otherwise, howsoever alienate, encumber or create any third party interest
in the Property or any part thereof.
d. Agreements and Arrangements: Enter into any agreement or arrangement with any person, institution or local or
Government body for the use, occupation or disposal of the Property or any part thereof, during the pendency of the Loan.
e. Change of use:. If the property is used for any purpose other than that stated at the time of availing the Loan facility, in
addition to any other action, which DCB Bank might take, DCB Bank, shall be entitled to charge, in its sole discretion, such
higher rate of interest as it might fix in the circumstances of the case.
f. Merger: Amalgamate or merge the Property with any other adjacent property nor shall he create any right of way or any
other easement on the Property.
g. Surety or Guarantee: Stand surety for anybody or guarantee the repayment of any Loan or overdraft or the purchase
price of any asset.
5.5 Appropriation of Payments
Unless otherwise agreed to by DCB Bank, any payment due and payable under this Agreement and made by the Borrower
and/or the Loan prepaid by the Borrower shall be appropriated towards such dues in the order, namely:
(a) Costs, charges, expenses, incidental charges and other monies that may have been expended by DCB Bank in
connection with recovery;
(b) Prepayment charges and fees;
(c) Installment in arrears - Interest overdue;
(d) Installment in arrears - Principle overdue;
(e) Additional interest and /or liquidated damages on defaulted amounts;
(f) Principal portion of the Loan
Notwithstanding what is stated above, where the security/ies (including but not limited to the Property) provided by the
Borrower is enforced by DCB Bank, the proceeds from the sale of the security/ies shall be appropriated by DCB Bank at its sole
discretion and in the manner it deems fit and necessary.
5.6 Change in address
The Borrower shall inform in writing DCB Bank forthwith as regards any change in his address for service of notice.
CLAUSE 6: BORROWER'S WARRANTIES
6.1 The Borrower hereby warrants and undertakes to DCB Bank as follows:
(a) Confirmation of Loan Application
The Borrower confirms the accuracy of the information given in his Loan Application made to DCB Bank and any prior or
subsequent information or explanation given to DCB Bank in this behalf.
(b) Disclosure of material changes
That subsequent to the Loan Application there has been no material change which would affect the grant of the loan by
DCB Bank to the Borrower.
(c) Charges and encumbrances
That there are no mortgages, charges, lispendens or liens or other encumbrances or any rights of way, light or water or
other easements or right of support on the whole or any part of the Property.
(d) Litigation
That the Borrower is not a party to any litigation of a material character and that the Borrower is not aware of any facts
likely to give rise to such litigation or to material claims against the Borrower.
(e) Disclosure of defects in the Property
That the Borrower is not aware of any document, judgment or legal process or other charges of any latent or patent defect
affecting the title of the Property or of any material defect in the Property or its title which has remained undisclosed and/or
which may affect DCB Bank prejudicially.
(f) Public schemes affecting the Borrower's Property
That the Borrower's Property is not included in or affected by any of the schemes of Central/State Government or of the
improvement trust or any other public body or local authority or by any alignment, widening or construction of road under
any scheme of the Central/State Government or of any Corporation, Municipal Committee, Gram Panchayat, etc.
(g) Infringement of local laws:
That no suit is pending in the Municipal Magistrate's Court or any other Court of Law in respect of the Property specified in
the Schedule hereunder nor has the Borrower been served with any Notice for infringing the provisions of the Municipal
Act or any Act relating to local bodies or Gram Panchayats or Local authorities or with any other process under any of
these Acts
(h) Disclosure of facts
That the Borrower has disclosed all facts relating to his Property to DCB Bank and has made available to them all the title
deeds in his possession.
(i) Due payments of Public and other demands
That the Borrower has paid all public demands such as Income Tax and all the other taxes and revenues payable to the
Government of India or to the Government of any State or to any local authority and that at present there are no arrears of
such taxes and revenues due and outstanding.
(j) The Borrower shall keep himself acquainted with the rules of DCB Bank with regard to the Loan availed, in force from time to time
(k) The Borrower undertakes to pay, forthwith on demand to DCB Bank all costs and expenses (including legal costs) on a full
indemnity basis incurred and/or to be incurred by DCB Bank for investigation of title to the Property offered as security
and for the preparation, execution, preservation, performance, enforcement and realization of the Loan. All the excess
stamp duty borne by DCB Bank on behalf of the Borrower shall be promptly paid by the Borrower to DCB Bank.

6.2 Instructions under Reserve Bank of India's National Automated Clearing House / Standing Instructions with DCB Bank
(a) In the event, the Borrower has delivered to their bankers mentioned in the Schedule hereto ("Borrower's Bank")

5
irrevocable instructions under the Reserve Bank of India's ("RBI's") NACH mandate or a Standing Instruction to debit the
Borrower's account mentioned in the Schedule hereto ("Borrower's Account"), the borrower hereby agrees, confirms and
undertakes that DCB Bank shall, as it deems appropriate and necessary been titled to require the payment and/or
collection of the amount of the PEMIIs / EMIs and /or other amounts, fees and charges expressed in this Agreement for the
purpose of payment or repayment of all or any amounts due by means of NACH mandate. Save and except with the prior
written consent of DCB Bank, the Borrower shall not, under any circumstances, revoke or alter the aforesaid instructions
or do or omit to do anything which may result in the Borrower's Bank not transferring the amounts of the PEMIIs / EMIs and
/ or other amounts, fees and charges expressed in this Agreement to DCB Bank when due. The Borrower shall at all times
maintain a balance in the Borrower's Account sufficient to enable the transfer of the PEMII / EMIs and / or other amounts,
fees and charges expressed in this Agreement on the concerned due dates. The failure of the Borrower's Bank for any
reason to so transfer the amount of any PEMII / EMI and / or other amounts, fees and charges expressed in this Agreement
to DCB Bank will not in any manner absolve the Borrower from his liability to repay the PEMIIs / EMIs and / or other
amounts, fees and charges expressed in this Agreement and shall tantamount to a failure by the Borrower to pay the
same. The Borrowershall provide to DCB Bank a confirmation (in a format acceptable to DCB Bank) of the Borrower's
Bank's acceptance of the above instructions prior to the disbursal of the Loan and whenever required by DCB Bank.
(b) In the event the Borrower has given NACH instruction or Standing Instruction in terms of Clause 6.2 (a) hereinabove with
the execution of this Agreement the Borrower shall deliver to DCB Bank undated security cheques as shall be required by
DCB Bank drawn in favour of DCB Bank. The Borrower hereby authorises DCB Bank and appoints DCB Bank as the
Borrower’s agent, to at any time fill the dates and amounts in the above cheque/s wherein said amount does not exceed
the sanction loan amount. DCB Bank shall be entitled to fill in the security cheques with the amount of one or more EMIs
not exceeding the amount payable by the Borrowers to DCB Bank at that time. The Borrower agrees that the aforesaid
security cheques have been drawn and/or shall be deemed to have been drawn by the Borrower to discharge the
Borrower's debit or liability to DCB Bank. The Borrower agrees and acknowledges that in the event of dishonor of all or
any of the aforesaid security cheques for any reason whatsoever, without prejudice to DCB Bank's other rights, DCB Bank
shall be entitled to take criminal proceedings against the Borrower including but not limited to as envisaged in Section 138
of the Negotiable Instruments Act, 1881. The Borrower agrees to forthwith replace the cheques/issue fresh cheques if
required by DCB Bank.
CLAUSE 7: REMEDIES OF DCB Bank
If one or more of the events specified in this Clause (hereinafter called 'events of default') shall have happened, then, DCB Bank
by a written notice to the Borrower may declare the principal, all accrued interest and all the amounts payable by the Borrower
become payable forthwith by the Borrower to DCB Bank on demand under or in terms of this Agreement and/or any other
agreements, documents subsisting between the Borrower and DCB Bank, as well as all other charges and dues to be due and
upon such declaration the same shall become due and payable forthwith and the security (including but not limited to the
Property created in favour of DCB Bank for the Loan shall become enforceable, notwithstanding anything to the contrary in this
Agreement or any other agreement/s or document/s.
7.1 Events of Default
(a) Payment of Dues
Default shall have occurred in payment of EMI and in payment of any other amounts due and payable to DCB Bank in
terms of this Agreement and/or in terms of any other agreement/s, document/s that may be subsisting or that may be
executed between the Borrower and DCB Bank hereafter.
(b) Performance of Covenants
Default shall have occurred in the performance of any other covenants, conditions or agreements on the part of the
Borrower under this Agreement or any other agreement/s, document/s between the Borrower and DCB Bank in respect of
this Loan and for any other loan and such default shall have continued over a period of thirty (30) days after notice thereof
shall have been given to the Borrower by DCB Bank.
(c) Supply of Misleading Information
If any information given by the Borrower in his Loan Application to DCB Bank for financial assistance is found to be
misleading or incorrect in any material respect or any warranty referred to in Clause 6 is found to be incorrect.
(d) Inability to pay debts
If there is reasonable apprehension that the Borrower is unable to pay his debts or proceedings for taking him into
insolvency have been commenced.
(e) Depreciation of Security
If the Property given as security depreciates in value to such extent that in the opinion of DCB Bank further security to the
satisfaction of DCB Bank should be given and such security is not given, in spite of being called upon to do so.
(f) Sale or disposal of the Property
If the Borrower's Property, which is given as security for the Loan, is sold, disposed of, charged, encumbered or alienated.
(g) Attachment or Distraint on the Property
If an attachment or distraint is levied on the property or any part thereof and/or certificate proceedings are taken or
commenced for recovery of any dues from the Borrower.
(h) Failure to furnish information/documents
If the Borrower fails to furnish information/documents as required by DCB Bank under the provisions of Clause 2.7 (C).
(i) Failure to create security
If the Borrower fails to create security as provided under Clause 3.1.
(j) Non-payment of Insurance Premium and / or non-assignment of MRTA policy
If the Borrower does not pay one or more insurance premium/s under the MRTA policy, if applicable, as a result the MRTA
policy lapses or is cancelled by the Insurance Company and / or if the Borrower does not assign the MRTA policy in favour of
DCB Bank.
(k) If any declaration made by the Borrower is found to be false at any time.
7.2 Bankruptcy or Insolvency
If the Borrower shall become bankrupt or insolvent, the principal of and all accrued interest on the Loan and any other dues
shall thereupon become due and payable forthwith, anything in this Agreement to the contrary notwithstanding.
7.3 Notice to DCB Bank on the Happening of an Event of Default
If any event of default or any event which, after the notice or lapse of time or both would constitute an event of default shall have
happened, the Borrower shall forthwith give DCB Bank notice thereof in writing specifying such event of default, or such event.
6
7.4 Expenses of Preservation of Assets of the Borrower and of Collection
All reasonable costs incurred by DCB Bank after an event of default have occurred in connection with:
(i) Preservation of the Borrower's assets (whether now or hereafter existing); or
(ii) Collection of amounts due under this Agreement may be charged to the Borrower and reimbursed, as DCB Bank shall specify.
7.5 Issue of certificates
DCB Bank may issue any certificate as regards payment of any amounts paid by the Borrower to DCB Bank in terms of this Agreement only if
the Borrower has paid all amounts due under this Agreement to DCB Bank and the Borrower has complied with all the terms of this
Agreement.
7.6 Communication with third party etc.
In the event of default, DCB Bank shall be entitled to communicate, in any manner it may deem fit, to or with any person or
persons with a view to receiving assistance of such person or persons in recovering the defaulted amounts. Also, officers /
representatives of DCB Bank shall be entitled to visit the Property and/or any place of work / residence of the Borrower.
7.7 Without prejudice to the other rights of DCB Bank, DCB Bank shall have a paramount charge, lien and right of set off on all monies,
securities, deposits and other assets and properties belonging to the Borrower/s or standing to the Borrower/s's credit
(whether singly or jointly with any other person/s) in any account whatsoever with any branch of DCB Bank for any purpose
whatsoever and shall be entitled to appropriate the same for the settlement of any amount due and unpaid in terms of this
Agreement.
7.8 That the Borrower/s also authorise/s DCB Bank to, for and on behalf of the Borrower/s, instruct the Borrower/s's employer as
informed by the Borrower/s to DCB Bank, to debit any amounts due and unpaid by the Borrower/s to DCB Bank under this
Agreement from any amount including salary/ remuneration/compensation payable by such employer to the Borrower/s. The
Borrower/s agrees that a certificate issued by DCB Bank to such employer shall be conclusive evidence of the amount due and
payable by the Borrower/s and such employer is hereby irrevocably and unconditionally authorised to pay the amount to DCB
Bank without reference to the Borrower/s.
7.9 In addition to the aforesaid provisions, the Borrower hereby agree as a precondition of the Loan given to the Borrower by
DCB Bank that in case they or any of them commits any breach of this Agreement or any event of default, DCB Bank and/or the
Reserve Bank of India (RBI) and/or such other agency/ies authorised by them without prejudice to their other rights will have an
unqualified and absolute right to disclose or publish the Borrower/s name and the name of Borrower's Company/firm/unit and
its directors / partners / proprietor / trustees / karta / coparceners / members along with the photographs of the respective
person/s as defaulter/s with other relevant details like address, job details as deemed fit and appropriate by DCB Bank and/or
RBI and/or such other agency/ies authorised by them in such manner and through such media whether electronic or print as
DCB Bank and/or RBI and/or such other agency/ies authorised by them in their absolute discretion may think fit. The Borrower
also further agree that such publication made by DCB Bank and/or RBI and/or such other agency/ies authorised by them will
not be challenged by the Borrower on any ground whatsoever nor shall DCB Bank or RBI or such other Agency/ies authorised
by them be held liable and responsible for costs, damages or any other claim because of such publication of the Borrower
photograph(s) and other details published as stated hereinabove.
CLAUSE 8: WAIVER
8.1 Waiver not to impair the rights of DCB Bank
No delay in exercising or omission to exercise, any right, power or remedy accruing to DCB Bank upon any default under this
Agreement, mortgage deed or any other agreement/s or document/s shall impair any such right, power or remedy or shall be
construed to be a waiver thereof or any acquiescence in such default, affect or impair any right, power or remedy of DCB Bank
in respect of any other default.
CLAUSE 9: EFFECTIVE DATE OF AGREEMENT
9.1 Agreement to become effective from the Date of Execution
This Agreement shall have become binding on the Borrower and DCB Bank on and from the date of execution hereof. It shall be
in force till all the monies due and payable to DCB Bank under this Agreement as well as all other agreement/s, document/s that
may be subsisting/ executed between the Borrower and DCB Bank are fully paid.
CLAUSE 10: BALANCE TRANSFER
10.1 The Borrower / Owner / Guarantor authorised DCB Bank to collect the original title documents & other securities from
transferring bank / financial institution on behalf of the Borrower / Owner / Guarantor.
10.2 In addition to aforesaid authority provided to DCB Bank by the Borrower / Owner / Guarantor, the Borrower shall within 90
(ninety) days from the date of disbursement of the said facilities get the original title documents and other securities from
transferring bank / financial institution & forthwith submit the same with DCB Bank. Failure on the Borrower's / Owner's /
Guarantor's part to comply the same within aforesaid stipulated period, DCB Bank reserves the right to debit the Borrower's
Loan Account with DCB Bank & pay to the transferring bank/ financial institution as additional amount towards fore closure
charges, penal charges, overdrawing, additional loan availed, etc. in the Borrower's/ Owner's / Guarantor's account with them,
on the Borrower's behalf & to take custody of the original title documents & other securities from the transferring bank/ financial
institution.
10.3 The Borrower shall forthwith furnish “No Dues” certificate upon clearance of the entire outstanding with transferring bank/
financial institution.
10.4 The Borrower shall at its own cost satisfy the charge of the transferring bank/ financial institution with the (ROC)Registrar of
Companies / CERSAI (Central Registry of Securitization Asset Reconstruction and Security Interest of India) within the
stipulated period as per law.
10.5 If it is come to the notice of DCB Bank that the Borrower / Owner / Guarantor have reutilized & / or diverted the credit Facilities
granted by the transferring bank / financial institution, DCB Bank reserves the right to initiate appropriate criminal & /or civil
proceedings against the Borrower / Owner / Guarantor.

7
CLAUSE 11: ARBITRATION
a) If any dispute / difference arises between DCB Bank and the Borrower hereto during the subsistence of the Agreement or
thereafter, in connection with any provision of the Agreement or regarding a question including but not limited to the questions
whether the termination of the Agreement has been legitimate, DCB Bank and the Borrower shall first endeavour to settle such
dispute / difference amicably.
b) In the case of failure by DCB Bank and the Borrower to resolve the dispute / difference in the manner set out above within 30
(thirty) days from the date when the dispute / difference arose, the dispute / difference may be referred to arbitration of a sole
arbitrator to be appointed by DCB Bank.
c) The place of arbitration shall be the place (of applicable Jurisdiction / Courts) IN WITNESS WHEREOF the parties have
executed this Agreement and any award whether interim or final, shall be made, and shall be deemed for all purposes between
DCB Bank and the Borrower to be made at such place. The award including the interim award/s of the arbitrator shall be final
and binding upon the parties concerned.
d) The arbitration proceedings shall be governed by the Arbitration and Conciliation Act, 1996, as amended from time to time.
e) The proceedings of arbitration shall be held in English language.
CLAUSE 12: MISCELLANEOUS
12.1 Place and mode of payment by the Borrower
All monies due and payable by the Borrower to DCB Bank, under or in terms of this Agreement shall be paid at the registered
office or the concerned regional/branch office of DCB Bank, by cheque or bank draft, drawn in favour of DCB Bank on a
scheduled bank in the town or city where such registered office/branch/regional office is situated or in any other manner as
may be approved by DCB Bank and shall be so paid so as to enable DCB Bank to realise the amount sought to be paid on or
before the due date to which the payment relates. Credit for all payments by cheque/bank draft drawn will be given only on
realisation thereof by DCB Bank.
12.2 Inspection, Assignment etc.
(a) The Borrower shall permit inspection of all books of accounts and other records maintained by him in respect of the Loan,
to officers / representatives of DCB Bank. The Borrower shall also permit similar inspection by officers / representatives
of such other companies, banks, institutions or bodies as DCB Bank may approve and intimate the Borrower.
(b) DCB Bank shall be entitled to sell, assign, securitise or transfer DCB Bank's right and obligations under this Agreement
and any other security in favour of DCB Bank (including all guarantee/s) to any person of DCB Bank's choice in whole or in
part and in such manner and on such terms and conditions as DCB Bank shall decide. Any such sale, assignment,
securitisation or transfer shall conclusively bind the Borrower and all other related persons.
(c) DCB Bank shall have the authority to make available any information contained in the Loan Application and/or any
document or paper or statement submitted to DCB Bank by or on behalf of the Borrower and/or pertaining or relating to
the Borrower and/or to the Loan including as to its repayment conduct, to any rating or other agency or institution or body
or statutory / regulatory authority as DCB Bank in its sole discretion may deem fit. DCB Bank shall also have the authority
to seek and/or receive any information as it may deem fit in connection with the Loan and/or the Borrower from any source
or person or entity to whom the Borrower hereby authorises to furnish such information.
12.3 Service of Notice
Any notice or request required or permitted to be given or made under this Agreement to DCB Bank or to the Borrower shall be
given in writing. Such notice or request shall be deemed to have been duly given or made when it shall be delivered by hand,
mail or telegram to the party to which it is required or permitted to be given or made at such party's address specified below or
at such other address as such party shall have designated by Notice to the party giving such notice or making such request:
DCB Bank Limited, P. O. Box No.7643, Malad (West), Mumbai - 400064
For the Borrower: The residential address stated in the Schedule or the Property Address described in the Loan Application /
Schedule / Latest address as updated on our DCB Bank’s system.
12.4 The Borrower agrees/confirms as follows:
(a) Upon repayment of the Loan and other amounts due under this Agreement and any outstanding under any other loan /
overdrafts / other financial facility availed of by the Borrower from DCB Bank, DCB Bank shall release the security
furnished by the Borrower with respect to the Loan, to the Borrower, notwithstanding any contrary advise / intimation
from either / any of the Borrowers at a later date;
(b) To keep alive the Insurance Policy/Policies assigned in favour of DCB Bank by paying on time the premium as they fall due
and produce the receipts to DCB Bank whenever required;
(c) DCB Bank shall have the right to receive and adjust any payment that it may receive in connection with any insurance
policy/policies against the Loan and alter the amortisation schedule in any manner as it may deem fit, notwithstanding
anything to the contrary contained in this Agreement or any other agreement / document or paper;
(d) That the Borrower has scrutinised and is satisfied with the building plan, commencement certificate and all the requisite
permissions pertaining to the Property and that the construction is as per the approved plan and of a satisfactory quality.
(e) That the terms and conditions and all the covenants and details of the Schedule hereunder shall be read and construed as
part and parcel of these presents.
(f) That in the absence of any manifest error, DCB Bank's records (including, without limitation, account balances,
transaction details/facility limits) shall be conclusive proof of the matters to which the Borrower relates and the Borrower
shall honour all obligations to the satisfaction of DCB Bank.
(g) DCB Bank shall be entitled to, at its sole discretion, at any time and from time to time, under intimation to the Borrower,
amend the terms and conditions of this Agreement and all such amendments shall be conclusive and binding on the
Borrower.
(h) This Loan facility is available solely for the purpose for which it has been sanctioned and if, in the opinion of DCB Bank, this
condition is being or has been violated, the right is reserved to demand repayment and to withdraw the Loan facility, not
withstanding any convenient to the contrary in the relative security documents executed. Usage of these funds for the
stock market is strictly prohibited.
12.5 Regulatory declarations
The Borrower hereby declares to DCB Bank as follows:
a) Where the Borrower is an individual/proprietor(s), none of the Directors of DCB Bank or their Relatives is his/her business
partner or guarantor; (ii) where the Borrower is a partnership firm, none of the Directors of DCB Bank or their Relatives is

8
interested in the firm as partner, manager, employee or guarantor; and (iii) where the Borrower is a company or a
corporation, none of the Directors of DCB Bank or their Relatives is interested in the company / corporation or in its
subsidiary or holding company as director, managing agent, manager, employee or guarantor or holder of Substantial
interest;
b) Where the Borrower is an individual/proprietor(s), he/she is not a Director or Relative of a Director of other banks; (ii) where
the Borrower is a partnership firm, no Director or Relative of a Director of other banks is interested in the firm as partner or
guarantor; and (iii) where the Borrower is a company or a corporation, no Director or Relative of a Director of other banks is
interested in the company / corporation as director or guarantor or holder of Substantial interest.
c) (i) Where the Borrower is an individual/proprietor(s), he/she is not a Relative of any Specified Senior Officer of DCB Bank;
(ii) where the Borrower is a partnership firm, none of the partners is a Relative of any Specified Senior Officer of DCB Bank
and none of the Specified Senior Officer of DCB Bank or its Relatives is interested in the firm as partner or guarantor or
holder of Substantial interest; and (iii) where the Borrower is a company or a corporation, none of its directors, is a Relative
of any Specified Senior Officer of DCB Bank and none Specified Senior Officer of DCB Bank or Relatives, is interested in
the company as director or guarantor or holder of Substantial interest.
d) In case, if the confirmations given under this clause of regulatory declaration are negative and are not true, then the
Borrower shall provide a written declaration with details of such relationship to DCB Bank. If the details of such
declaration change during the term of any Facility/ies or any part thereof then, the Borrower shall promptly provide a
written declaration to DCB Bank of any such change.
e) The Borrower or the directors / promoters / guarantors / associate concerns / partners / coparceners (as the case may be)
of the Borrower are not:
i. On the Export Credit Guarantee Corporation's (ECGC's) specified approval list; or Convicted under the provisions of
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 or FEMA; or
ii. On RBI's defaulters / caution list; or
iii. On DCB Bank's defaulter list.
f) Wherever used in this clause the following terms have the following meanings:
i. “Directors of DCB Bank” shall mean and include the Managing Director-cum-Chief Executive Officer (CEO), the top most
officers of Business and Credit (presently the business head and credit head).
ii. “Director of other banks” shall mean and include (apart from directors of commercial banks) directors of scheduled co-
operative banks, directors of subsidiaries / trustees of mutual funds / venture capital funds.
iii. “Relative” means spouse, father, mother (including step-mother), son (including step-son), son's wife, daughter
(including step-daughter), daughter's husband, brother (including step-brother), brother's wife, sister (including step-
sister), sister's husband, brother (including step-brother) of the spouse, sister (including step-sister) of the spouse.
iv. “Specified Senior Officer” shall mean and include the top most senior officer (presently the business head and credit
head) and his/her immediate next lower level officer in credit and business functions of DCB Bank.
v. “Substantial interest” shall have the same meaning assigned to it in Section 5 (ne) of the Banking Regulation Act, 1949.
12.6 KYC Documents
The Borrower agrees to provide to DCB Bank such further documents as may be required by DCB Bank from time to time to
comply with the Know Your Customer (KYC) requirements of the Reserve Bank of India and DCB Bank. DCB Bank reserves the
right to recall the Loan facility, enforce security and guarantees, if any and appropriate proceeds thereof towards the
outstanding dues and recover the balance from the Borrower, if any or close the account in case the so required documents are
not provided by the Borrower to DCB Bank.

9
SCHEDULE

Place of Loan Agreement:

Date of Loan Agreement: CPA File No.:


(DD) (MM) (YYYY)

Address of DCB Bank:

Name of all the Borrowers:

Address of the Borrower:

Email ID:

In case the Borrower is a partnership firm then state in the blank space as follows:
(1) Shri ________________________________________ (2) Shri ________________________________________
(3) Shri ________________________________________ (4) Shri ________________________________________
Carrying on business as partners in the firm name and style of M/s. _____________________________________________________ at
_________________________________________________________________________________________________________________
________________________________________________________ hereinafter called Borrower/s (which expression shall include their
respective heirs, executors, administrators, representatives, successors and assigns and the partner or partners for the time being
of the said firm.)

2) In case the Borrower is a Public Ltd. or Pvt. Ltd. Company then state in the blank space as follows:-
M/s. ______________________________________________________________ Ltd. a Public / Private Limited Company incorporated
under the Companies Act, 1956 / Companies Act, 2013 and having its Registered Office at ___________________________________
_____________________________________________________________________________________________________________
______________________________________________________ hereinafter referred to as the Borrower/s (which expression shall
include its successors and assigns wherever the context shall so permit.)

3) In case of the Borrower is carrying on business in the name of proprietary concern or in his individual name then state in the
blank space as follows: -
Shri ________________________________________________________________________ carrying on business as Sole Proprietor in
the firm name and style of M/s. ____________________________________________________________________ at ____________
_________________________________________________________________________________________________________________
_______________________________________________ hereinafter called the Borrower/s (which expression shall unless repugnant
to the context or meaning thereof include his heirs, executors, administrators, representatives, successors and assigns.)

4) In case the Borrower is a Co-operative Society then state in blank space as follows :-
______________________________________________________________________________________________ a Society registered
under the_____________________________________________________________ Co-operative Societies Act,_________, under Reg.
No. _______________________________________________________________________________ and having its Registered Office at
__________________________________________________________________________________________________

5) In case the Borrower is a Trust then state in blank space as follows :-


___________________________________________________________________________ a Trust registered under the
______________________________________________________________________________ Indian Trust act, 1882, under Reg. No.
___________________________________________________________ and having its Registered Office at _____________________
_____________________________________________________________________________________ hereinafter called the
Borrower/s (which expression shall unless repugnant to the context or meaning thereof include its successors and assigns.)

10
Clause Reference

2.1 (a) Amount of Loan

` (Rupees only)

(b) MRTA Single Premium financing applied for: Yes No

Amount of Loan towards MRTA premium financing

` (Rupees only)

(c) Total amount of Loan (a+b)

` (Rupees only)

2.2 Interest

Mode of Computation of Interest and Applicable Rate of Interest

Floating Rate of Interest

Applicable floating Rate of Interest will be ______% per annum which is% per annum (herein referred to as
Credit Risk Premium) above the applicable EBLR (External Benchmark Linked Rate)/ RBLR BL (Revised
Benchmark Linked Rate Business Loan) as applicable on the date of Loan
The floating rate of interest will be linked to the DCB Bank's EBLR/ RBLR BL as applicable on the date of loan.
The applicable rate of interest will be revision from time to time based of changes in DCB Bank's EBLR / RBLR
BL /Credit Risk Premium. The borrower shall be deemed to have notice of changes in DCB Bank's EBLR/ RBLR
BL and consequently to changes in applicable rate of interest if such changes are displayed on the notice board
of the branch or published in the website of DCB Bank (www.dcbbank.com) and the Borrower is liable to pay
interest at such revised rate from its effective date. The Borrower agrees that such revision in terms shall be at
the sole discretion of DCB Bank.

Part Fixed and Part Floating Rate

Interest rate during the first _____ year(s) from the date of disbursement will be _______ % per annum fixed.
Interest rate after the completion of _____ year(s) will be floating rate of interest. The interest will be charged at
_______ % per annum which is ________% (herein referred to as Credit Risk Premium) above the applicable
EBLR/ RBLR BL as applicable then. The applicable rate of interest will be subject to revision from time to time
based on changes in applicable EBLR/ RBLR BL . The applicable rate of interest will be subject to revision from
time to time based on changes in DCB Bank's EBLR / RBLR BL / Credit Risk Premium. The Borrower shall be
deemed to have notice of changes in the DCB Bank's EBLR/ RBLR BL and consequently to the changes in
applicable rate of interest if such changes are displayed on the notice board of the branch or published in the
website of the DCB Bank (www.dcbbank.com) and the Borrower is liable to pay interest at such revised rate
from its effective date. The Borrower agrees that such revision in terms shall be at the sole discretion of DCB
Bank.

(*Select any one and delete whichever is not applicable)

(DCB Bank's EBLR/ RBLR BL is linked to Reserve Bank of India's policy repo rate and is subject to change from
time to time as per circular/s, notification/s issued by regulatory authorities and / or government norms.
The credit risk premium component may change when as per bank's assessment there is change in the
borrower's credit risk profile due to one or more of the reasons as stated in your accepted sanction letter for this
loan by DCB Bank Limited)

11
2.3 Amortisation

(a) Term of repayment Months

(b) Repayment mode - NACH SI

(c) Number of Security Cheques provided

(d) EMI - ` for amount of Loan at Fixed Rate of Interest

(This is applicable in the event the Borrower has opted for the Part Fixed and Part Floating rate scheme as above. The
EMI for amount of Loan at Fixed rate of interest stated herein is for a period of months from the date of first
disbursement. At the end of the fixed rate period, the EMI will be calculated based on the applicable Floating rate of
interest.

(e) EMI - ` for amount of Loan at Floating rate of interest.

(f) Date of commencement of EMI

(g) Due date of payment of first EMI

However, in the event of delay or advancement of disbursement, the date of commencement of EMI shall be as
already communicated by DCB Bank to the Borrower.

2.4 (a) Delay in payment of EMI / PEMII

Applicable Rate of Interest % per annum

Property Address & Description

2.5 Borrower’s Bank details:


Borrower’s Account details:

Signed and delivered by the within named DCB Bank Limited.

by the hand of Mr. / Mrs.

Its Authorised Signatory

Signed and delivered by


the within named Borrower

12
IN WITNESS WHEREOF the borrower hereto has hereunto set and subscribed their respective hands and seals the
day and year first herein above written
SIGNED AND DELIVERED BY
Shri ___________________________________________________________
Proprietor of M/s. ______________________________________________
the Borrower withinnamed
SIGNED AND DELIVERED BY
Shri ______________________________________________________________
Shri ______________________________________________________________
Shri ______________________________________________________________
all partners of M/s. _______________________________________________
the Borrower withinnamed
SIGNED SEALED AND DELIVERED BY
The Borrower withinnamed M/s.
By the hand of its authorised signatory
}
}
}
}
________________________________________________________________ }
Mr. _____________________________________________________________ }
The Common Seal of
M/s. ____________________________________ has been affixed hereto }
pursuant to the resolution of its Board of Directors passed at its meeting }
held on __________ day of ________________ 20_____ in the presence of }
Mr. __________________________________________ Director / Authorised}
signatory who has signed these presents in token thereof.
}
}

13
14
CUSTOMER COPY

LOAN AGREEMENT
This Loan Agreement (“Agreement”) made at the place and on the date stated in the Schedule attached hereto BETWEEN DCB BANK
LIMITED incorporated under the Companies Act, 2013 (CIN: L99999MH1995PLC089008) and deemed to exist within the meaning of
Companies Act, 2013, having its Registered Office at 6th Floor, Tower A, Peninsula Business Park, SenapatiBapat Marg, Lower Parel,
Mumbai - 400013 (hereinafter referred to as "DCB Bank"), which expression shall unless the context otherwise requires, include its
successors and assigns, of the ONE PART; AND The BORROWER whose name/s and address/es is/are stated in the Schedule
(hereinafter referred to as 'the BORROWER'), which expression shall unless the context otherwise requires, include his/her/their heirs,
executors, administrators and successors) of the OTHER PART:
CLAUSE 1: DEFINITIONS
1.1 The following definitions apply throughout this Agreement unless the context otherwise requires
a) The term ‘Agreement’ means this agreement and any amendment and/or addendum made thereto from time to time by
the parties hereto
b) The term ‘Account’ means the account established by the Borrower with DCB Bank;
c) The term ‘EBLR’ means the EBLR (External Benchmark Linked Rate)/ RBLR BL (Revised Benchmark Linked Rate
Business Loan) as fixed by DCB Bank.
d) The term ‘End Use of Funds Letter’ means the letter submitted by the Borrower to DCB Bank detailing the purpose for
which the Loan has been applied and borrowed;
e) The expression ‘Equated Monthly Instalment’ or ‘EMI’ means the amount of monthly payment necessary to amortise
the Loan with interest over the period of the Loan;
f) The expression ‘Pre Equated Monthly Instalment Interest’ (PEMII) shall mean payment of monthly interest on the Loan
amount at the rate referred to in CLAUSE 2.2 from the date and / or respective dates of disbursement to the date
immediately prior to the date of commencement of the EMI.
g) The term ‘Loan’ means the amount of loan provided for in Clause 2.1 of this Agreement and the Schedule;
h) The term ‘Loan Application’ means the application submitted by the Borrower to DCB Bank for availing of the Loan;
i) The term ‘Prepayment’ means premature repayment as per the terms and conditions laid down by DCB Bank in that
behalf and in force at the time of prepayment;
j) The term “Property” means the immovable property, described in the Schedule to this Agreement, which is owned/jointly
owned by the Borrower and which includes:
a. in the case of a part of a building, the entire built-up area (and any additions thereto), the proportionate share in the
common areas of the building and the proportionate undivided share in the land on which the said building is situated, OR
b. in the case of an independent structure, the structure and entire plot of land on which the structure is situated;
k) The expression ‘Rate of Interest’ means the rate of interest as referred to in Clause 2.2 of this Agreement;
l) The term ‘Repayment’ means the repayment of the principal amount of Loan, interest thereon, and / or other charges,
premium, fees or other dues payable in terms of this Agreement to DCB Bank; and means in particular, amortisation
provided for in Clause 2.7 of this Agreement;
m) The term ‘Schedule’ means the Schedule to this Agreement written after Clause 12 and which forms an integral part of
this Agreement;
n) The term “Security Cheque” means the cheque drawn by the Borrower in favour of DCB Bank with the amount left blank
and marked “NOT OVER “ the sanctioned loan amount stated in the Schedule”.
15
CUSTOMER COPY

o) “Insurance Company” means the insurance company through whom the Borrower applies and takes the MRTA policy;
p) “MRTA policy” means Mortgage Redemption Term Assurance (MRTA) policy taken by the Borrower in respect of which
DCB, at the request of the Borrower, has disbursed / agreed to disburse the Insurance Premium towards the policy as set
out in the Schedule hereto and on the terms and conditions set our hereunder.
1.2 The term ‘Borrower’ wherever the context so requires shall mean and be construed as ‘BORROWERS’ and the masculine
gender wherever the context so requires shall mean and be construed as the feminine gender.
1.3 The terms and expressions not herein defined shall where the interpretation and meaning have been assigned to them in terms
of the General Clauses Act, 1897, have that interpretation and meaning.
1.4 The Borrower hereby gives specific consent to DCB Bank for disclosing / submitting the ‘financial information’ as defined in
Section 3 (13 ) of the Insolvency and Bankruptcy Code, 2016 ( ‘Code’ for brief ) read with the relevant Regulations/ Rules framed
under the Code, as amended and in force from time to time and as specified there under from time to time, in respect of the said
facilities availed from DCB Bank, from time to time, to any ‘Information Utility’ ( ‘IU’ for brief ) as defined in Section 3 ( 21 ) of the
Code, in accordance with the relevant Regulations framed under the Code, and directions issued by Reserve Bank of India to
the banks from time to time and hereby specifically agree to promptly authenticate the financial information submitted by
DCB Bank, as and when requested by the IU concerned .
CLAUSE 2: LOAN, INTEREST, etc.
2.1 Amount of Loan
The Borrower agrees to borrow from DCB Bank and DCB Bank agrees to lend to the Borrower a sum as stated in the Schedule
on the terms and conditions herein set forth and for the purpose set out in the End Use of Funds Letter.
The Borrower agrees that, as specified in the Schedule hereto, part of the Loan shall be disbursed by DCB Bank for the purpose
set out in the End Use of Funds Letter and part of the Loan shall be disbursed to the Insurance Company on behalf of the
Borrower towards payment of premium for the Mortgage Redemption Term Assurance (MRTA) policy if applied for by the
Borrower and indicated in the Schedule hereto. The Borrower also agrees that in the event the application for the said MRTA
policy is not accepted by the Insurance Company, for any reason whatsoever, the Borrower shall have authorised the
Insurance Company and DCB Bank shall be entitled to receive on behalf of the Borrower the refund of the premium amount
paid and in such an event, the Borrower agrees and authorises DCB Bank to appropriate the refund of the premium towards the
part pre-payment of the Loan.
2.2 Interest
a) The rate of interest applicable to the Loan as on the date of execution of this Agreement is as stated in the Schedule
hereto.
PROVIDED THAT in the event DCB Bank desires to increase or decrease the rate of interest prior to the disbursement of
the full loan, the new rate of interest shall become applicable to the Loan forthwith from the date of such change in the rate
of interest.
b) The floating rate of interest shall be reviewed by DCB Bank at such intervals as specified in the Schedule and upon such
review DCB Bank may at its sole discretion change the interest rate.
c) The Borrower shall reimburse or pay to DCB Bank such amount as may have been paid or payable by DCB Bank to the
Central or State Government on account of any tax levied on interest (and/or other charges) on the Loan by the Central
or State Government. The Borrower shall make the reimbursement or payment immediately as and when called upon to
do so by DCB Bank.
d) The Borrower understands and agrees that, in the event DCB Bank disburses part of the Loan to Insurance Company on
behalf of the Borrower towards payment of premium for the MRTA policy if applied for by the Borrower and as indicated
in the Schedule hereto, the Borrower is liable to pay interest on such disbursement notwithstanding any request for to
cancel the MRTA policy and/or refund of the insurance premium by the Borrower or Insurance Company as permitted
under the terms of the MRTA Policy. Such interest shall be payable by the Borrower until the receipt of refund of
insurance premium by DCB Bank and appropriated towards the principle amount of the Loan outstanding as part pre-
payment of the Loan in terms of this Agreement.
e) Repricing can have an impact on the approved tenor or EMI or both.
2.3 Computation of Interest
The EMI comprises of principle and interest calculated on the basis of monthly rests at the rate applicable and is rounded off to
the next rupee.
2.4 Payment of Other Expenses
The borrower undertakes to pay forthwith on demand to DCB Bank all costs and expense (including legal costs between legal
counsel and clients) on a full indemnity basis incurred or to be incurred by DCB Bank for investigation of title to any property
offered as security and for the preparation, execution, preservation, performance, enforcement and realisation of the
outstanding Loan amount, security documents and other instruments creating and/or evidencing the creation of any
security/ies for the Loan as also any other instruments required in connection with the Loan.
2.5 Details of Disbursement
The Borrower agrees that, as specified in the Schedule, part of the Loan shall be disbursed by DCB Bank for the purpose set
out in the End Use of Funds Letter and part of the Loan shall be disbursed to the Insurance Company on behalf of the Borrower
towards payment of premium for the Mortgage Redemption Term Assurance (MRTA) policy if applied for by the Borrower and
indicated in the Schedule hereto. The Borrower agrees that the part of the Loan disbursed by DCB Bank for the purpose set out
in the End Use of Funds Letter shall be disbursed in one lump-sum. The Borrower shall hereby acknowledge the receipt of the
Loan disbursed, in the form required by DCB Bank, of each amount so disbursed.
2.6 Mode of Disbursement
All payments to be made by DCB Bank to the Borrower or on behalf of the Borrower under or in terms of this Agreement shall be
made by Demand Draft (DD) / Bankers Cheque / NEFT / RTGS / cheque duly crossed and marked 'A/c payee only' and the
collection charges, if any, in respect of all such instruments will have to be borne by the Borrower and the interest on the Loan
will begin to accrue in favour of DCB Bank as communicated by DCB Bank to the Borrower irrespective of the time taken for
transit / collection / realisation of the cheque by the Borrower or his bank.

16
CUSTOMER COPY

2.7 Amortisation
a) Subject to Clause 2.2, the Borrower will amortise the Loan as stipulated in the Schedule herein below. Provided that
where there is any change in such amortisation due to downward revision of interest rate, DCB Bank shall not be required
to give notice or intimate the Borrower in writing.
(b) In addition to (a) above, the Borrower shall pay to DCB Bank, PEMII every month, if applicable. The Borrower shall also
make payment apart from PEMII and EMI as may be required by DCB Bank due to any change in the rate of interest and /
or any regulatory and / or statutory requirement.
c) Notwithstanding what is stated in Clause 2.7 (a) above and in the Schedule, DCB Bank shall, unless specifically provided in
terms of this Agreement, have the right, in the event of default in terms of Clause 7 herein, to review and reschedule the
repayment terms of the Loan or of the outstanding amount thereof in such manner and to such extent as DCB Bank shall at
its sole discretion decide. In such event/s the Borrower shall repay the Loan or the outstanding amount thereof as per the
revised Schedule as shall be determined by DCB Bank in its sole discretion and communicated to the Borrower by DCB
Bank in writing.
d) DCB Bank shall have the right to require the Borrower to furnish such information / documents concerning his
employment, trade, business or profession at any time and the Borrower shall furnish such information / documents
immediately on demand.
2.8 Delay in payment of EMI etc.
a) No notice, reminder or intimation shall be given to the Borrower regarding his/her/their obligation and responsibility to
ensure prompt and regular payment of interest, PEMII, Equated Monthly Installment (EMI) and / or the Insurance Premium
under the MRTA policy and all other amounts payable by the Borrower to DCB Bank on the respective due dates.
b) The delay in payment of EMI or PEMII shall render the Borrower liable to pay additional interest as specified in the
Schedule to this Agreement or at such higher rate as per the rules of DCB Bank in this regard as in force from time to time
and communicated to the Borrower by DCB Bank in writing. In such event, the Borrower shall also be liable to pay
incidental charges and costs to DCB Bank as shall be communicated by DCB Bank.
2.9 Prepayment
DCB Bank may, in its sole discretion and on such terms as to prepayment charges, minimum prepayment amount, etc., as it
may prescribe, permit prepayment/acceleration in payment of EMIs at the request of the Borrower, subject that DCB Bank may
specify, from time to time, the minimum amount of prepayment/ amounts payable on account of acceleration of EMIs. In the
event DCB Bank permits any prepayment/acceleration, the repayment schedule for the Loan shall be amended altered by
DCB Bank for giving effect to such prepayment/acceleration, and such amended/altered repayment schedule shall be binding
upon the Borrower. Part prepayments made during the month, if any will be adjusted towards principal only on the next cycle
due date of EMI.
2.10 Alteration and Re-Scheduling of Equated Monthly Installments
If the Loan is not totally drawn by the Borrower within a period of Twelve (12) months from the date of letter of offer the EMI may
be altered and re-scheduled in such manner and to such extent as DCB Bank may, in its sole discretion, decide and the
repayment will be made as per the said alteration and re-scheduling notwithstanding anything stated in Clause 2.7 and the
Schedule.
2.11 Liability of the Borrower to be joint and several
Where the Loan is provided to more than one Borrower or where the payment obligations are secured by any guarantee,
notwithstanding anything herein stated, the liability of the Borrower/s to repay the Loan together with interest, charges and all
other amounts and to observe these Terms and Conditions and terms and conditions of any other agreement/s, document/s
that may be executed by the Borrower with DCB Bank in respect of the Loan or any other loan or loans is joint and several.
2.12 Upon the Borrower opting for any scheme or accepting any offer from his employer providing for any benefit for resigning or
retiring from the employment prior to superannuation, or upon the employer terminating his employment for any reason
whatsoever or upon the Borrower resigning or retiring from the service of the employer for any reason whatsoever, then
notwithstanding anything to the contrary contained in this agreement or any letter or document, the entire outstanding
principal amount of the loan as well as any outstanding interest and other dues thereon shall be payable by the Borrower to
DCB Bank from the amount or amounts receivable by him from the employer under such scheme or offer, or any terminal
benefit, as the case may be. Provided however, in the event of the said amount or amounts being insufficient to repay the said
sums to DCB Bank in full, The unpaid amount remaining due to DCB Bank shall be paid by the Borrower in such manner as DCB
Bank may in its sole discretion decide and the payment will be made by the Borrower accordingly notwithstanding anything
stated in Clause 2.6 and the Schedule. The Borrower hereby irrevocably authorises DCB Bank to communicate with and
receive the said amounts from his employer directly.
CLAUSE 3: SECURITY
3.1 Security for the Loan: The Borrower shall create security (including but not limited to in the form of the Property), alternate
security and/or additional security and/or guarantee as shall be required and / or considered appropriate by DCB Bank in
favour of DCB Bank in such manner and form and at such time as DCB Bank shall at its sole discretion require as a security for
repayment / payment of all the dues by the Borrower under this Agreement or otherwise in relation to the Loan including
principal amounts, interest, equated monthly installment, additional interest, costs, services charges, and all other amounts
due.
3.2 The Borrower shall comply with the following:
(a) To give a declaration to the effect that the Borrower has a clear and marketable title to the Property to be offered as
security free from reasonable doubts and encumbrances, and that the Borrower indemnifies and keeps DCB Bank saved
and harmless against any risk whatsoever.
(b) To execute any such agreement/s, document/s, undertaking/s that may be required now or hereafter at any time during
the pendency of this Loan and/or any other loan or loans granted by DCB Bank hereafter.
3.3 DCB Bank reserves the right to assign / sell / securitise the assets (including but not limited to the Property) with or without
security, if any, in any manner of all rights, title and interest of the Borrower which DCB Bank deems appropriate and the
Borrower hereby expressly agrees that in that event, DCB Bank is not required to obtain any permission or put the Borrower to
any prior notice.

17
CUSTOMER COPY

3.4 The Borrower agrees that in the event of repayment of the Loan and other amounts due under this Agreement but there being
any outstanding under any other loan / overdrafts / other financial facility availed of by the Borrower from DCB Bank, then, in
such event, the Borrower undertakes to extend such security created in terms of Clause 3.1 under this Agreement to cover
such outstanding loan facility and DCB Bank shall not be obliged to release the said security (including but not limited to the
Property) for any such loan facility availed of by the Borrower from DCB Bank. The Borrower further agrees that in the event of
any outstanding amount due under this Agreement, but there being full repayment of loan and other amounts due under any
other secured / unsecured loan / overdrafts / other financial facility availed of by the Borrower, from DCB Bank, then in such
event, the Borrower undertakes to extend such security to cover the outstanding amounts due under this Agreement and
DCB Bank shall not be obliged to release the security created by the Borrower.
CLAUSE 4: CONDITIONS PRECEDENT TO DISBURSEMENT OF THE LOAN.
4.1 Title
The Borrower assures DCB Bank that the Borrower has absolute, clear and marketable title to the Property and that the said
Property is absolutely unencumbered and free from any liability whatsoever.
4.2 Other Conditions for Disbursement
The obligation of DCB Bank to make any disbursements under this Loan Agreement shall also be subject to the conditions that:
(a) Non-existence of Event of Default
No event of default as defined in Clause 7 shall have happened.
(b) Evidence for utilisation of Disbursement
DCB Bank should be satisfied at the time of request for a disbursement that the same is required immediately by the
Borrower for the purpose set out in the End Use of Funds Letter and / or payment of premium towards the MRTA policy as
the case may be and the Borrower shall procure evidence satisfactory to DCB Bank of the proposed utilization of the
proceeds of the disbursement of the Loan.
(c) Extraordinary Circumstances
No extraordinary or other circumstances shall have occurred which shall make it improbable for the Borrower to fulfill his
obligations under this Agreement.
(d) Utilisation of prior Disbursement
The Borrower shall have satisfied DCB Bank about the utilisation of the proceeds of any prior disbursements.
(e) Pending Legal Proceedings
The Borrower shall have furnished a declaration to the effect that there is no action, suit, proceedings or investigation
pending or to the knowledge of the Borrower threatened by or against the Borrower, before any Court of Law or
Government authority or statutory / regulatory authority or any other competent authority which might have a material
effect on the financial and other affairs of the Borrower or which might put into question the validity or performance of this
Agreement or any of its terms and conditions.
(f) The Borrower declares that neither the Borrower nor its Directors / Partners is a director or specified near relative of a
director of a banking company or specified near relative of any Senior Officer of DCB Bank.
(g) The Borrower declares that no such Senior Officer and no relative of such Senior Officer of DCB Bank holds “Substantial
Interest” as defined in section 5 (ne) of the Banking Regulation Act, 1949 in the Borrower’s undertaking nor is any such
relative a guarantor of such Borrower’s undertaking.
CLAUSE 5: COVENANTS
5.1 Particular Affirmative Covenants
(a) Utilisation of the Loan
The Borrower shall utilise the entire Loan for such purposes as indicated by the Borrower in this Loan Application and for
no other purpose whatsoever.
(b) Maintenance of the Property
The Borrower shall maintain the Property in good order and condition and will make all necessary additions and
improvements thereto during the pendency of the Loan.
(c) To notify change in employment etc.
The Borrower shall notify any change in his employment, business or profession within fifteen (15) days from the date of
the said change.
(d) Compliance with rules etc, and payment of maintenance charges etc.
The Borrower shall duly and punctually comply with all the terms and conditions for holding the Property and all the rules,
regulations, bye-laws etc., of the concerned co-operative society, association, limited company or any other competent
authority, and pay such maintenance and other charges for the upkeep of the Property as also any other dues etc, as may
be payable in respect of the Property or the use thereof.
(e) Loss / Damage to the Property
The Borrower shall promptly inform DCB Bank of any material loss / damage to the Property that may be caused to it for
any reason whatsoever.
(f) Insurance
The Borrower shall ensure that the Property is duly insured against fire, earthquake, flood, storm, tempest or typhoon and
all other natural calamities and acts of God for a value as shall be required by DCB Bank, with DCB Bank being made the
sole beneficiary under the policy. In addition to the above-said insurance, if the Borrower takes a MRTA life term
insurance, which compensates the borrower for the outstanding amount of the loan only in the event of his/her death,
both the above-said insurance policies shall be assigned to the DCB Bank. The Borrower shall be solely responsible for
renewal of the said insurance policies as and when it becomes due for payment of premium and renewal. Also in the event
of claims, if any, the Borrower and / or joint Borrower shall comply with all necessary formalities and liaise directly with the
Insurance Company
5.2 Notify additions, alterations
The Borrower shall notify and furnish details of any additions to or alterations in the property or the user of the property, which
might be proposed to be made during the pendency of the Loan.

18
CUSTOMER COPY

5.3 DCB Bank's Right to Inspect


The Borrower agrees that DCB Bank or any person authorised by it shall have free access to the Property for the purpose of
inspection / supervising and/or otherwise inspecting the Property for any reasons as DCB Bank may deem fit and proper as
also to ascertain the proper utilisation of the Loan. The Borrower further agrees that DCB Bank shall have free access to the
Property for the purpose of inspection at any time during the pendency of the Loan.
5.4 Negative covenants
The Borrower further covenants with DCB Bank that unless, DCB Bank shall give prior approval in writing, the Borrower shall not:
a. Utilisation of funds: Use the Loan facility for any speculative purpose, anti social purpose or any other purpose not stated
in the End Use of Funds Letter.
b. Possession: Let out or give on leave and license or otherwise, howsoever part with the possession of the Property or any
part thereof.
c. Alienation: Sell, mortgage, lease, surrender or otherwise, howsoever alienate, encumber or create any third party interest
in the Property or any part thereof.
d. Agreements and Arrangements: Enter into any agreement or arrangement with any person, institution or local or
Government body for the use, occupation or disposal of the Property or any part thereof, during the pendency of the Loan.
e. Change of use:. If the property is used for any purpose other than that stated at the time of availing the Loan facility, in
addition to any other action, which DCB Bank might take, DCB Bank, shall be entitled to charge, in its sole discretion, such
higher rate of interest as it might fix in the circumstances of the case.
f. Merger: Amalgamate or merge the Property with any other adjacent property nor shall he create any right of way or any
other easement on the Property.
g. Surety or Guarantee: Stand surety for anybody or guarantee the repayment of any Loan or overdraft or the purchase
price of any asset.
5.5 Appropriation of Payments
Unless otherwise agreed to by DCB Bank, any payment due and payable under this Agreement and made by the Borrower
and/or the Loan prepaid by the Borrower shall be appropriated towards such dues in the order, namely:
(a) Costs, charges, expenses, incidental charges and other monies that may have been expended by DCB Bank in
connection with recovery;
(b) Prepayment charges and fees;
(c) Installment in arrears - Interest overdue;
(d) Installment in arrears - Principle overdue;
(e) Additional interest and /or liquidated damages on defaulted amounts;
(f) Principal portion of the Loan
Notwithstanding what is stated above, where the security/ies (including but not limited to the Property) provided by the
Borrower is enforced by DCB Bank, the proceeds from the sale of the security/ies shall be appropriated by DCB Bank at its sole
discretion and in the manner it deems fit and necessary.
5.6 Change in address
The Borrower shall inform in writing DCB Bank forthwith as regards any change in his address for service of notice.
CLAUSE 6: BORROWER'S WARRANTIES
6.1 The Borrower hereby warrants and undertakes to DCB Bank as follows:
(a) Confirmation of Loan Application
The Borrower confirms the accuracy of the information given in his Loan Application made to DCB Bank and any prior or
subsequent information or explanation given to DCB Bank in this behalf.
(b) Disclosure of material changes
That subsequent to the Loan Application there has been no material change which would affect the grant of the loan by
DCB Bank to the Borrower.
(c) Charges and encumbrances
That there are no mortgages, charges, lispendens or liens or other encumbrances or any rights of way, light or water or
other easements or right of support on the whole or any part of the Property.
(d) Litigation
That the Borrower is not a party to any litigation of a material character and that the Borrower is not aware of any facts
likely to give rise to such litigation or to material claims against the Borrower.
(e) Disclosure of defects in the Property
That the Borrower is not aware of any document, judgment or legal process or other charges of any latent or patent defect
affecting the title of the Property or of any material defect in the Property or its title which has remained undisclosed and/or
which may affect DCB Bank prejudicially.
(f) Public schemes affecting the Borrower's Property
That the Borrower's Property is not included in or affected by any of the schemes of Central/State Government or of the
improvement trust or any other public body or local authority or by any alignment, widening or construction of road under
any scheme of the Central/State Government or of any Corporation, Municipal Committee, Gram Panchayat, etc.
(g) Infringement of local laws:
That no suit is pending in the Municipal Magistrate's Court or any other Court of Law in respect of the Property specified in
the Schedule hereunder nor has the Borrower been served with any Notice for infringing the provisions of the Municipal
Act or any Act relating to local bodies or Gram Panchayats or Local authorities or with any other process under any of
these Acts
(h) Disclosure of facts
That the Borrower has disclosed all facts relating to his Property to DCB Bank and has made available to them all the title
deeds in his possession.
(i) Due payments of Public and other demands
That the Borrower has paid all public demands such as Income Tax and all the other taxes and revenues payable to the
Government of India or to the Government of any State or to any local authority and that at present there are no arrears of
such taxes and revenues due and outstanding.
(j) The Borrower shall keep himself acquainted with the rules of DCB Bank with regard to the Loan availed, in force from time to
time

19
CUSTOMER COPY

(k) The Borrower undertakes to pay, forthwith on demand to DCB Bank all costs and expenses (including legal costs) on a full
indemnity basis incurred and/or to be incurred by DCB Bank for investigation of title to the Property offered as security
and for the preparation, execution, preservation, performance, enforcement and realization of the Loan. All the excess
stamp duty borne by DCB Bank on behalf of the Borrower shall be promptly paid by the Borrower to DCB Bank.

6.2 Instructions under Reserve Bank of India's National Automated Clearing House / Standing Instructions with DCB Bank
(a) In the event, the Borrower has delivered to their bankers mentioned in the Schedule hereto ("Borrower's Bank")
irrevocable instructions under the Reserve Bank of India's ("RBI's") NACH mandate or a Standing Instruction to debit the
Borrower's account mentioned in the Schedule hereto ("Borrower's Account"), the borrower hereby agrees, confirms and
undertakes that DCB Bank shall, as it deems appropriate and necessary been titled to require the payment and/or
collection of the amount of the PEMIIs / EMIs and /or other amounts, fees and charges expressed in this Agreement for the
purpose of payment or repayment of all or any amounts due by means of NACH mandate. Save and except with the prior
written consent of DCB Bank, the Borrower shall not, under any circumstances, revoke or alter the aforesaid instructions
or do or omit to do anything which may result in the Borrower's Bank not transferring the amounts of the PEMIIs / EMIs and
/ or other amounts, fees and charges expressed in this Agreement to DCB Bank when due. The Borrower shall at all times
maintain a balance in the Borrower's Account sufficient to enable the transfer of the PEMII / EMIs and / or other amounts,
fees and charges expressed in this Agreement on the concerned due dates. The failure of the Borrower's Bank for any
reason to so transfer the amount of any PEMII / EMI and / or other amounts, fees and charges expressed in this Agreement
to DCB Bank will not in any manner absolve the Borrower from his liability to repay the PEMIIs / EMIs and / or other
amounts, fees and charges expressed in this Agreement and shall tantamount to a failure by the Borrower to pay the
same. The Borrowershall provide to DCB Bank a confirmation (in a format acceptable to DCB Bank) of the Borrower's
Bank's acceptance of the above instructions prior to the disbursal of the Loan and whenever required by DCB Bank.
(b) In the event the Borrower has given NACH instruction or Standing Instruction in terms of Clause 6.2 (a) hereinabove with
the execution of this Agreement the Borrower shall deliver to DCB Bank undated security cheques as shall be required by
DCB Bank drawn in favour of DCB Bank. The Borrower hereby authorises DCB Bank and appoints DCB Bank as the
Borrower’s agent, to at any time fill the dates and amounts in the above cheque/s wherein said amount does not exceed
the sanction loan amount. DCB Bank shall be entitled to fill in the security cheques with the amount of one or more EMIs
not exceeding the amount payable by the Borrowers to DCB Bank at that time. The Borrower agrees that the aforesaid
security cheques have been drawn and/or shall be deemed to have been drawn by the Borrower to discharge the
Borrower's debit or liability to DCB Bank. The Borrower agrees and acknowledges that in the event of dishonor of all or
any of the aforesaid security cheques for any reason whatsoever, without prejudice to DCB Bank's other rights, DCB Bank
shall be entitled to take criminal proceedings against the Borrower including but not limited to as envisaged in Section 138
of the Negotiable Instruments Act, 1881. The Borrower agrees to forthwith replace the cheques/issue fresh cheques if
required by DCB Bank.
CLAUSE 7: REMEDIES OF DCB Bank
If one or more of the events specified in this Clause (hereinafter called 'events of default') shall have happened, then, DCB Bank
by a written notice to the Borrower may declare the principal, all accrued interest and all the amounts payable by the Borrower
become payable forthwith by the Borrower to DCB Bank on demand under or in terms of this Agreement and/or any other
agreements, documents subsisting between the Borrower and DCB Bank, as well as all other charges and dues to be due and
upon such declaration the same shall become due and payable forthwith and the security (including but not limited to the
Property created in favour of DCB Bank for the Loan shall become enforceable, notwithstanding anything to the contrary in this
Agreement or any other agreement/s or document/s.
7.1 Events of Default
(a) Payment of Dues
Default shall have occurred in payment of EMI and in payment of any other amounts due and payable to DCB Bank in
terms of this Agreement and/or in terms of any other agreement/s, document/s that may be subsisting or that may be
executed between the Borrower and DCB Bank hereafter.
(b) Performance of Covenants
Default shall have occurred in the performance of any other covenants, conditions or agreements on the part of the
Borrower under this Agreement or any other agreement/s, document/s between the Borrower and DCB Bank in respect of
this Loan and for any other loan and such default shall have continued over a period of thirty (30) days after notice thereof
shall have been given to the Borrower by DCB Bank.
(c) Supply of Misleading Information
If any information given by the Borrower in his Loan Application to DCB Bank for financial assistance is found to be
misleading or incorrect in any material respect or any warranty referred to in Clause 6 is found to be incorrect.
(d) Inability to pay debts
If there is reasonable apprehension that the Borrower is unable to pay his debts or proceedings for taking him into
insolvency have been commenced.
(e) Depreciation of Security
If the Property given as security depreciates in value to such extent that in the opinion of DCB Bank further security to the
satisfaction of DCB Bank should be given and such security is not given, in spite of being called upon to do so.
(f) Sale or disposal of the Property
If the Borrower's Property, which is given as security for the Loan, is sold, disposed of, charged, encumbered or alienated.
(g) Attachment or Distraint on the Property
If an attachment or distraint is levied on the property or any part thereof and/or certificate proceedings are taken or
commenced for recovery of any dues from the Borrower.
(h) Failure to furnish information/documents
If the Borrower fails to furnish information/documents as required by DCB Bank under the provisions of Clause 2.7 (C).
(i) Failure to create security
If the Borrower fails to create security as provided under Clause 3.1.
(j) Non-payment of Insurance Premium and / or non-assignment of MRTA policy
If the Borrower does not pay one or more insurance premium/s under the MRTA policy, if applicable, as a result the MRTA
policy lapses or is cancelled by the Insurance Company and / or if the Borrower does not assign the MRTA policy in favour
of DCB Bank.
(k) If any declaration made by the Borrower is found to be false at any time.
20
CUSTOMER COPY

7.2 Bankruptcy or Insolvency


If the Borrower shall become bankrupt or insolvent, the principal of and all accrued interest on the Loan and any other dues
shall thereupon become due and payable forthwith, anything in this Agreement to the contrary notwithstanding.
7.3 Notice to DCB Bank on the Happening of an Event of Default
If any event of default or any event which, after the notice or lapse of time or both would constitute an event of default shall have
happened, the Borrower shall forthwith give DCB Bank notice thereof in writing specifying such event of default, or such event.
7.4 Expenses of Preservation of Assets of the Borrower and of Collection
All reasonable costs incurred by DCB Bank after an event of default have occurred in connection with:
(i) Preservation of the Borrower's assets (whether now or hereafter existing); or
(ii) Collection of amounts due under this Agreement may be charged to the Borrower and reimbursed, as DCB Bank shall specify.
7.5 Issue of certificates
DCB Bank may issue any certificate as regards payment of any amounts paid by the Borrower to DCB Bank in terms of this
Agreement only if the Borrower has paid all amounts due under this Agreement to DCB Bank and the Borrower has complied
with all the terms of this Agreement.
7.6 Communication with third party etc.
In the event of default, DCB Bank shall be entitled to communicate, in any manner it may deem fit, to or with any person or
persons with a view to receiving assistance of such person or persons in recovering the defaulted amounts. Also, officers /
representatives of DCB Bank shall be entitled to visit the Property and/or any place of work / residence of the Borrower.
7.7 Without prejudice to the other rights of DCB Bank, DCB Bank shall have a paramount charge, lien and right of set off on all
monies, securities, deposits and other assets and properties belonging to the Borrower/s or standing to the Borrower/s's
credit (whether singly or jointly with any other person/s) in any account whatsoever with any branch of DCB Bank for any
purpose whatsoever and shall be entitled to appropriate the same for the settlement of any amount due and unpaid in terms of
this Agreement.
7.8 That the Borrower/s also authorise/s DCB Bank to, for and on behalf of the Borrower/s, instruct the Borrower/s's employer as
informed by the Borrower/s to DCB Bank, to debit any amounts due and unpaid by the Borrower/s to DCB Bank under this
Agreement from any amount including salary/ remuneration/compensation payable by such employer to the Borrower/s. The
Borrower/s agrees that a certificate issued by DCB Bank to such employer shall be conclusive evidence of the amount due and
payable by the Borrower/s and such employer is hereby irrevocably and unconditionally authorised to pay the amount to DCB
Bank without reference to the Borrower/s.
7.9 In addition to the aforesaid provisions, the Borrower hereby agree as a precondition of the Loan given to the Borrower by
DCB Bank that in case they or any of them commits any breach of this Agreement or any event of default, DCB Bank and/or the
Reserve Bank of India (RBI) and/or such other agency/ies authorised by them without prejudice to their other rights will have an
unqualified and absolute right to disclose or publish the Borrower/s name and the name of Borrower's Company/firm/unit and
its directors / partners / proprietor / trustees / karta / coparceners / members along with the photographs of the respective
person/s as defaulter/s with other relevant details like address, job details as deemed fit and appropriate by DCB Bank and/or
RBI and/or such other agency/ies authorised by them in such manner and through such media whether electronic or print as
DCB Bank and/or RBI and/or such other agency/ies authorised by them in their absolute discretion may think fit. The Borrower
also further agree that such publication made by DCB Bank and/or RBI and/or such other agency/ies authorised by them will
not be challenged by the Borrower on any ground whatsoever nor shall DCB Bank or RBI or such other Agency/ies authorised
by them be held liable and responsible for costs, damages or any other claim because of such publication of the Borrower
photograph(s) and other details published as stated hereinabove.
CLAUSE 8: WAIVER
8.1 Waiver not to impair the rights of DCB Bank
No delay in exercising or omission to exercise, any right, power or remedy accruing to DCB Bank upon any default under this
Agreement, mortgage deed or any other agreement/s or document/s shall impair any such right, power or remedy or shall be
construed to be a waiver thereof or any acquiescence in such default, affect or impair any right, power or remedy of DCB Bank
in respect of any other default.
CLAUSE 9: EFFECTIVE DATE OF AGREEMENT
9.1 Agreement to become effective from the Date of Execution
This Agreement shall have become binding on the Borrower and DCB Bank on and from the date of execution hereof. It shall be
in force till all the monies due and payable to DCB Bank under this Agreement as well as all other agreement/s, document/s that
may be subsisting/ executed between the Borrower and DCB Bank are fully paid.
CLAUSE 10: BALANCE TRANSFER
10.1 The Borrower / Owner / Guarantor authorised DCB Bank to collect the original title documents & other securities from
transferring bank / financial institution on behalf of the Borrower / Owner / Guarantor.
10.2 In addition to aforesaid authority provided to DCB Bank by the Borrower / Owner / Guarantor, the Borrower shall within 90
(ninety) days from the date of disbursement of the said facilities get the original title documents and other securities from
transferring bank / financial institution & forthwith submit the same with DCB Bank. Failure on the Borrower's / Owner's /
Guarantor's part to comply the same within aforesaid stipulated period, DCB Bank reserves the right to debit the Borrower's
Loan Account with DCB Bank & pay to the transferring bank/ financial institution as additional amount towards fore closure
charges, penal charges, overdrawing, additional loan availed, etc. in the Borrower's/ Owner's / Guarantor's account with them,
on the Borrower's behalf & to take custody of the original title documents & other securities from the transferring bank/ financial
institution.
10.3 The Borrower shall forthwith furnish “No Dues” certificate upon clearance of the entire outstanding with transferring bank/
financial institution.
10.4 The Borrower shall at its own cost satisfy the charge of the transferring bank/ financial institution with the (ROC)Registrar of
Companies / CERSAI (Central Registry of Securitization Asset Reconstruction and Security Interest of India) within the
stipulated period as per law.
10.5 If it is come to the notice of DCB Bank that the Borrower / Owner / Guarantor have reutilized & / or diverted the credit Facilities
granted by the transferring bank / financial institution, DCB Bank reserves the right to initiate appropriate criminal & /or civil
proceedings against the Borrower / Owner / Guarantor.
21
CUSTOMER COPY

CLAUSE 11: ARBITRATION


a) If any dispute / difference arises between DCB Bank and the Borrower hereto during the subsistence of the Agreement or
thereafter, in connection with any provision of the Agreement or regarding a question including but not limited to the questions
whether the termination of the Agreement has been legitimate, DCB Bank and the Borrower shall first endeavour to settle such
dispute / difference amicably.
b) In the case of failure by DCB Bank and the Borrower to resolve the dispute / difference in the manner set out above within 30
(thirty) days from the date when the dispute / difference arose, the dispute / difference may be referred to arbitration of a sole
arbitrator to be appointed by DCB Bank.
c) The place of arbitration shall be the place (of applicable Jurisdiction / Courts) IN WITNESS WHEREOF the parties have
executed this Agreement and any award whether interim or final, shall be made, and shall be deemed for all purposes between
DCB Bank and the Borrower to be made at such place. The award including the interim award/s of the arbitrator shall be final
and binding upon the parties concerned.
d) The arbitration proceedings shall be governed by the Arbitration and Conciliation Act, 1996, as amended from time to time.
e) The proceedings of arbitration shall be held in English language.
CLAUSE 12: MISCELLANEOUS
12.1 Place and mode of payment by the Borrower
All monies due and payable by the Borrower to DCB Bank, under or in terms of this Agreement shall be paid at the registered
office or the concerned regional/branch office of DCB Bank, by cheque or bank draft, drawn in favour of DCB Bank on a
scheduled bank in the town or city where such registered office/branch/regional office is situated or in any other manner as
may be approved by DCB Bank and shall be so paid so as to enable DCB Bank to realise the amount sought to be paid on or
before the due date to which the payment relates. Credit for all payments by cheque/bank draft drawn will be given only on
realisation thereof by DCB Bank.
12.2 Inspection, Assignment etc.
(a) The Borrower shall permit inspection of all books of accounts and other records maintained by him in respect of the Loan,
to officers / representatives of DCB Bank. The Borrower shall also permit similar inspection by officers / representatives
of such other companies, banks, institutions or bodies as DCB Bank may approve and intimate the Borrower.
(b) DCB Bank shall be entitled to sell, assign, securitise or transfer DCB Bank's right and obligations under this Agreement
and any other security in favour of DCB Bank (including all guarantee/s) to any person of DCB Bank's choice in whole or in
part and in such manner and on such terms and conditions as DCB Bank shall decide. Any such sale, assignment,
securitisation or transfer shall conclusively bind the Borrower and all other related persons.
(c) DCB Bank shall have the authority to make available any information contained in the Loan Application and/or any
document or paper or statement submitted to DCB Bank by or on behalf of the Borrower and/or pertaining or relating to
the Borrower and/or to the Loan including as to its repayment conduct, to any rating or other agency or institution or body
or statutory / regulatory authority as DCB Bank in its sole discretion may deem fit. DCB Bank shall also have the authority
to seek and/or receive any information as it may deem fit in connection with the Loan and/or the Borrower from any source
or person or entity to whom the Borrower hereby authorises to furnish such information.
12.3 Service of Notice
Any notice or request required or permitted to be given or made under this Agreement to DCB Bank or to the Borrower shall be
given in writing. Such notice or request shall be deemed to have been duly given or made when it shall be delivered by hand,
mail or telegram to the party to which it is required or permitted to be given or made at such party's address specified below or
at such other address as such party shall have designated by Notice to the party giving such notice or making such request:
DCB Bank Limited, P. O. Box No.7643, Malad (West), Mumbai - 400064
For the Borrower: The residential address stated in the Schedule or the Property Address described in the Loan Application /
Schedule / Latest address as updated on our DCB Bank’s system.
12.4 The Borrower agrees/confirms as follows:
(a) Upon repayment of the Loan and other amounts due under this Agreement and any outstanding under any other loan /
overdrafts / other financial facility availed of by the Borrower from DCB Bank, DCB Bank shall release the security
furnished by the Borrower with respect to the Loan, to the Borrower, notwithstanding any contrary advise / intimation
from either / any of the Borrowers at a later date;
(b) To keep alive the Insurance Policy/Policies assigned in favour of DCB Bank by paying on time the premium as they fall due
and produce the receipts to DCB Bank whenever required;
(c) DCB Bank shall have the right to receive and adjust any payment that it may receive in connection with any insurance
policy/policies against the Loan and alter the amortisation schedule in any manner as it may deem fit, notwithstanding
anything to the contrary contained in this Agreement or any other agreement / document or paper;
(d) That the Borrower has scrutinised and is satisfied with the building plan, commencement certificate and all the requisite
permissions pertaining to the Property and that the construction is as per the approved plan and of a satisfactory quality.
(e) That the terms and conditions and all the covenants and details of the Schedule hereunder shall be read and construed as
part and parcel of these presents.
(f) That in the absence of any manifest error, DCB Bank's records (including, without limitation, account balances,
transaction details/facility limits) shall be conclusive proof of the matters to which the Borrower relates and the Borrower
shall honour all obligations to the satisfaction of DCB Bank.
(g) DCB Bank shall be entitled to, at its sole discretion, at any time and from time to time, under intimation to the Borrower,
amend the terms and conditions of this Agreement and all such amendments shall be conclusive and binding on the
Borrower.
(h) This Loan facility is available solely for the purpose for which it has been sanctioned and if, in the opinion of DCB Bank, this
condition is being or has been violated, the right is reserved to demand repayment and to withdraw the Loan facility, not
withstanding any convenient to the contrary in the relative security documents executed. Usage of these funds for the
stock market is strictly prohibited.
12.5 Regulatory declarations
The Borrower hereby declares to DCB Bank as follows:
a) Where the Borrower is an individual/proprietor(s), none of the Directors of DCB Bank or their Relatives is his/her business
partner or guarantor; (ii) where the Borrower is a partnership firm, none of the Directors of DCB Bank or their Relatives is
interested in the firm as partner, manager, employee or guarantor; and (iii) where the Borrower is a company or a
corporation, none of the Directors of DCB Bank or their Relatives is interested in the company / corporation or in its
subsidiary or holding company as director, managing agent, manager, employee or guarantor or holder of Substantial
interest;
22
CUSTOMER COPY

b) Where the Borrower is an individual/proprietor(s), he/she is not a Director or Relative of a Director of other banks; (ii) where
the Borrower is a partnership firm, no Director or Relative of a Director of other banks is interested in the firm as partner or
guarantor; and (iii) where the Borrower is a company or a corporation, no Director or Relative of a Director of other banks is
interested in the company / corporation as director or guarantor or holder of Substantial interest.
c) (i) Where the Borrower is an individual/proprietor(s), he/she is not a Relative of any Specified Senior Officer of DCB Bank;
(ii) where the Borrower is a partnership firm, none of the partners is a Relative of any Specified Senior Officer of DCB Bank
and none of the Specified Senior Officer of DCB Bank or its Relatives is interested in the firm as partner or guarantor or
holder of Substantial interest; and (iii) where the Borrower is a company or a corporation, none of its directors, is a Relative
of any Specified Senior Officer of DCB Bank and none Specified Senior Officer of DCB Bank or Relatives, is interested in
the company as director or guarantor or holder of Substantial interest.
d) In case, if the confirmations given under this clause of regulatory declaration are negative and are not true, then the
Borrower shall provide a written declaration with details of such relationship to DCB Bank. If the details of such
declaration change during the term of any Facility/ies or any part thereof then, the Borrower shall promptly provide a
written declaration to DCB Bank of any such change.
e) The Borrower or the directors / promoters / guarantors / associate concerns / partners / coparceners (as the case may be)
of the Borrower are not:
i. On the Export Credit Guarantee Corporation's (ECGC's) specified approval list; or Convicted under the provisions of
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 or FEMA; or
ii. On RBI's defaulters / caution list; or
iii. On DCB Bank's defaulter list.
f) Wherever used in this clause the following terms have the following meanings:
i. “Directors of DCB Bank” shall mean and include the Managing Director-cum-Chief Executive Officer (CEO), the top most
officers of Business and Credit (presently the business head and credit head).
ii. “Director of other banks” shall mean and include (apart from directors of commercial banks) directors of scheduled co-
operative banks, directors of subsidiaries / trustees of mutual funds / venture capital funds.
iii. “Relative” means spouse, father, mother (including step-mother), son (including step-son), son's wife, daughter
(including step-daughter), daughter's husband, brother (including step-brother), brother's wife, sister (including step-
sister), sister's husband, brother (including step-brother) of the spouse, sister (including step-sister) of the spouse.
iv. “Specified Senior Officer” shall mean and include the top most senior officer (presently the business head and credit
head) and his/her immediate next lower level officer in credit and business functions of DCB Bank.
v. “Substantial interest” shall have the same meaning assigned to it in Section 5 (ne) of the Banking Regulation Act, 1949.
12.6 KYC Documents
The Borrower agrees to provide to DCB Bank such further documents as may be required by DCB Bank from time to time to
comply with the Know Your Customer (KYC) requirements of the Reserve Bank of India and DCB Bank. DCB Bank reserves the
right to recall the Loan facility, enforce security and guarantees, if any and appropriate proceeds thereof towards the
outstanding dues and recover the balance from the Borrower, if any or close the account in case the so required documents are
not provided by the Borrower to DCB Bank.

23
CUSTOMER COPY

24
CUSTOMER COPY

SCHEDULE

Place of Loan Agreement:

Date of Loan Agreement: CPA File No.:


(DD) (MM) (YYYY)

Address of DCB Bank:

Name of all the Borrowers:

Address of the Borrower:

Email ID:

In case the Borrower is a partnership firm then state in the blank space as follows:
(1) Shri ________________________________________ (2) Shri ________________________________________
(3) Shri ________________________________________ (4) Shri ________________________________________
Carrying on business as partners in the firm name and style of M/s. _____________________________________________________ at
_________________________________________________________________________________________________________________
________________________________________________________ hereinafter called Borrower/s (which expression shall include their
respective heirs, executors, administrators, representatives, successors and assigns and the partner or partners for the time being
of the said firm.)

2) In case the Borrower is a Public Ltd. or Pvt. Ltd. Company then state in the blank space as follows:-
M/s. ______________________________________________________________ Ltd. a Public / Private Limited Company incorporated
under the Companies Act, 1956 / Companies Act, 2013 and having its Registered Office at ___________________________________
_____________________________________________________________________________________________________________
______________________________________________________ hereinafter referred to as the Borrower/s (which expression shall
include its successors and assigns wherever the context shall so permit.)

3) In case of the Borrower is carrying on business in the name of proprietary concern or in his individual name then state in the
blank space as follows: -
Shri ________________________________________________________________________ carrying on business as Sole Proprietor in
the firm name and style of M/s. ____________________________________________________________________ at ____________
_________________________________________________________________________________________________________________
_______________________________________________ hereinafter called the Borrower/s (which expression shall unless repugnant
to the context or meaning thereof include his heirs, executors, administrators, representatives, successors and assigns.)

4) In case the Borrower is a Co-operative Society then state in blank space as follows :-
______________________________________________________________________________________________ a Society registered
under the_____________________________________________________________ Co-operative Societies Act,_________, under Reg.
No. _______________________________________________________________________________ and having its Registered Office at
__________________________________________________________________________________________________

5) In case the Borrower is a Trust then state in blank space as follows :-


___________________________________________________________________________ a Trust registered under the
______________________________________________________________________________ Indian Trust act, 1882, under Reg. No.
___________________________________________________________ and having its Registered Office at _____________________
_____________________________________________________________________________________ hereinafter called the
Borrower/s (which expression shall unless repugnant to the context or meaning thereof include its successors and assigns.)

25
CUSTOMER COPY

Clause Reference

2.1 (a) Amount of Loan

` (Rupees only)

(b) MRTA Single Premium financing applied for: Yes No

Amount of Loan towards MRTA premium financing

` (Rupees only)

(c) Total amount of Loan (a+b)

` (Rupees only)

2.2 Interest

Mode of Computation of Interest and Applicable Rate of Interest

Floating Rate of Interest

Applicable floating Rate of Interest will be ______% per annum which is% per annum (herein referred to as
Credit Risk Premium) above the applicable EBLR (External Benchmark Linked Rate)/ RBLR BL (Revised
Benchmark Linked Rate Business Loan) as applicable on the date of Loan
The floating rate of interest will be linked to the DCB Bank's EBLR/ RBLR BL as applicable on the date of loan.
The applicable rate of interest will be revision from time to time based of changes in DCB Bank's EBLR / RBLR
BL /Credit Risk Premium. The borrower shall be deemed to have notice of changes in DCB Bank's EBLR/ RBLR
BL and consequently to changes in applicable rate of interest if such changes are displayed on the notice board
of the branch or published in the website of DCB Bank (www.dcbbank.com) and the Borrower is liable to pay
interest at such revised rate from its effective date. The Borrower agrees that such revision in terms shall be at
the sole discretion of DCB Bank.

Part Fixed and Part Floating Rate

Interest rate during the first _____ year(s) from the date of disbursement will be _______ % per annum fixed.
Interest rate after the completion of _____ year(s) will be floating rate of interest. The interest will be charged at
_______ % per annum which is ________% (herein referred to as Credit Risk Premium) above the applicable
EBLR/ RBLR BL as applicable then. The applicable rate of interest will be subject to revision from time to time
based on changes in applicable EBLR/ RBLR BL . The applicable rate of interest will be subject to revision from
time to time based on changes in DCB Bank's EBLR / RBLR BL / Credit Risk Premium. The Borrower shall be
deemed to have notice of changes in the DCB Bank's EBLR/ RBLR BL and consequently to the changes in
applicable rate of interest if such changes are displayed on the notice board of the branch or published in the
website of the DCB Bank (www.dcbbank.com) and the Borrower is liable to pay interest at such revised rate
from its effective date. The Borrower agrees that such revision in terms shall be at the sole discretion of DCB
Bank.

(*Select any one and delete whichever is not applicable)

(DCB Bank's EBLR/ RBLR BL is linked to Reserve Bank of India's policy repo rate and is subject to change from
time to time as per circular/s, notification/s issued by regulatory authorities and / or government norms.
The credit risk premium component may change when as per bank's assessment there is change in the
borrower's credit risk profile due to one or more of the reasons as stated in your accepted sanction letter for this
loan by DCB Bank Limited)

26
CUSTOMER COPY

2.3 Amortisation

(a) Term of repayment Months

(b) Repayment mode - NACH SI

(c) Number of Security Cheques provided

(d) EMI - ` for amount of Loan at Fixed Rate of Interest

(This is applicable in the event the Borrower has opted for the Part Fixed and Part Floating rate scheme as above. The
EMI for amount of Loan at Fixed rate of interest stated herein is for a period of months from the date of first
disbursement. At the end of the fixed rate period, the EMI will be calculated based on the applicable Floating rate of
interest.

(e) EMI - ` for amount of Loan at Floating rate of interest.

(f) Date of commencement of EMI

(g) Due date of payment of first EMI

However, in the event of delay or advancement of disbursement, the date of commencement of EMI shall be as
already communicated by DCB Bank to the Borrower.

2.4 (a) Delay in payment of EMI / PEMII

Applicable Rate of Interest % per annum

Property Address & Description

2.5 Borrower’s Bank details:


Borrower’s Account details:

Signed and delivered by the within named DCB Bank Limited.

by the hand of Mr. / Mrs.

Its Authorised Signatory

Signed and delivered by


the within named Borrower

27
IN WITNESS WHEREOF the borrower hereto has hereunto set and subscribed their respective hands and seals the
day and year first herein above written
SIGNED AND DELIVERED BY
Shri ___________________________________________________________
Proprietor of M/s. ______________________________________________
the Borrower withinnamed
SIGNED AND DELIVERED BY
Shri ______________________________________________________________
Shri ______________________________________________________________
Shri ______________________________________________________________
all partners of M/s. _______________________________________________
the Borrower withinnamed
SIGNED SEALED AND DELIVERED BY
The Borrower withinnamed M/s.
By the hand of its authorised signatory
}
}
}
}
________________________________________________________________ }
Mr. _____________________________________________________________ }
The Common Seal of
M/s. ____________________________________ has been affixed hereto }
pursuant to the resolution of its Board of Directors passed at its meeting }
held on __________ day of ________________ 20_____ in the presence of }
Mr. __________________________________________ Director / Authorised}
signatory who has signed these presents in token thereof.
}
}

28
DEED OF GUARANTEE
THIS DEED OF GUARANTEE is made at ____________________________ on this ____________ day of _________________ 201 _____
(“Deed”)

BY

The Guarantor/s whose name/s and address/ies is/are stated in the Schedule, hereinafter called “the Guarantor” (which expression
shall unless the context otherwise requires, include his / her / their heirs, executors, administrators and successors.

In favour of DCB BANK LIMITED, a banking company incorporated under the Companies Act, 2013 and having its Registered Office
at 6th Floor, Tower A, Peninsula Business Park, Senapati Bapat Marg, Lower Parel, Mumbai - 400013, (hereinafter referred to as the
“Bank” which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include its
successors and assigns)

WHEREAS in terms of the Loan Agreement dated ______________________________________ (the “Loan Agreement”) executed by
____________________________________ (herein under referred to as “the Borrower”, which expression shall unless repugnant to
the context or meaning thereof be deemed to include his/her/their heirs, executors, administrators and successors) with the
DCB Bank Limited (the “Bank”) the Bank has agreed to finance the Borrower for the purpose of _______________________________
more particularly mentioned therein (“Purpose”) and such other facilities as may be agreed upon from time to time between the
Bank and Borrower for sums not exceeding in the aggregate of ` ______________________ /- (Rupees _________________________
___________________________________ Only) (hereinafter referred to as the “Loan”) on the terms and conditions specified and
contained therein.

AND WHEREAS one of the conditions specified and contained in the Loan Agreement is that the Borrower shall procure and furnish
to the Bank a guarantor guaranteeing due payment by the Borrower of the said sum of ` ___________________________________ /-
(Rupees _________________________________________________________________________________________________________
Only) (hereinafter for the sake of brevity referred to as “the Guaranteed Sum”) together with interest, costs charges, expenses
and/or other monies due to the Bank in respect of or under the Loan or any of them on demand by the Bank.

AND WHEREAS the Guarantor at the request of the Borrower and in consideration of the Bank having agreed to grant or granted at
the request of the Guarantor the loan to the Borrower, have agreed to execute the Guarantee in favour of the Bank on the terms and
in the manner hereinafter appearing.

29
Guarantor
NOW THIS DEED WITNESSETH that in consideration of the above premises it is hereby covenanted and agreed (all the Guarantor/s
covenanting and agreeing jointly and severally) as follows:

1. If at any time default shall be made by the Borrower in payment of the Guaranteed Sum together with interest, costs,
Charges, expenses and / or other monies for the time being due to the Bank in respect of and / or under the Loan or any of
them the Guarantor/s shall forthwith on demand, without any demur or protest, irrevocably and unconditionally pay to the
Bank the whole of such Guaranteed Sum together with interest, costs, charges, expenses and / or any other monies as may
be then due to the Bank in respect of the Loan and shall indemnify and keep indemnified the Bank against all losses of the
Guaranteed Sum, interest or other monies due and all costs, charges and expenses whatsoever which the Bank may incur
by reason of any default on the part of the Borrower.
2. The Guarantor/s agree and confirm that interest shall be charged on the outstanding in the account(s) opened in respect of
the aforesaid Loan at such rate(s) as may be determined by the Bank from time to time. Interest shall be calculated
respectively on the daily balance of such account(s) 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 at its own discretion such enhanced rates of
interest on the account (so either on the entire outstanding or on a portion thereof as it may fix for any irregularity and the
charging of such enhanced rate of interest shall be without prejudice to the Bank’s other rights and remedies).
3. The Bank shall have the fullest liberty without affecting this guarantee to vary the amounts of the individual limits of the Loan
as may be agreed upon from time to time between the Bank and the Borrower subject to the aggregate thereof not
exceeding the Guaranteed Sum and / or to postpone for any time or from time to time enforce or forbear to enforce any
remedies or securities available to the Bank at its liberty with reference to the matters aforesaid or any of them or by reason
for time being given to the Borrower or of any other forbearance act or omission on the part of the Bank or any other
indulgence by the Bank to the Borrower or by any other matters or things whatsoever which under the law relating to sureties
would but for this provision have the effect of so releasing the Guarantees.
4. As the Loan have been further secured by mortgage and /or hypothecation and / or pledge of the Asset under separate
security documents (including but not limited to Loan Agreement) executed by the Borrower with the Bank which security
documents would contain stipulations as to insurance assignment and delivery of Insurance Policy to the Bank, the margin
or value of properties to be maintained and other matters the Guarantor/s agree that no failure in requiring or obtaining such
security/ies or in the observance or performance of any of the stipulations or terms of the said security documents and no
default of the Bank in requiring or enforcing the observance or performance of any of the said stipulations or terms shall have
the effect of releasing or discharging or in any manner affecting the liability of the Guarantor/s under these presents.
5. The Bank shall be at liberty to take in addition to the subsisting security/ies any other securities for the Loan or any of them or
any part thereof and to release or forbear to enforce all or any of the remedies upon or under such security/ies and any
collateral security or securities now held by the Bank and that no such release or forbearance as aforesaid shall have the
effect of releasing or discharging or in any manner affecting the liability of the Guarantor/s under the Guarantee and that the
Guarantor/s shall have no right to the benefit of the said security/ies that may be held by the Bank until the claims of the Bank
against the Borrower in respect of the Loan and of all (if any) other claims fully satisfied and then in so far only as such
security/ies shall not have been exhausted for the purpose of realising the amount of the Bank’s claims and rateably onlywith
other Guarantor/s or other persons (if any) entitled to the benefit of such security/ies respectively.
6. The Guarantee herein contained shall be enforceable against the Guarantor/s notwithstanding the securities aforesaid or
any of them or any other collateral securities that the Bank may have obtained or may obtain from the Borrower or any other
person at the time when proceedings are taken against the Guarantor/s hereunder be outstanding and / or not enforced and/
or remain unrealised.
7. In order to give effect to the Guarantee herein contained the Bank shall be entitled to act as if the Guarantor/s were principal
Debtor/s to the Bank for all the payments guaranteed by them as aforesaid to the Bank.
8. The Guarantee herein contained is a continuing one for all amounts advanced by the Bank to the Borrower in respect of or
under the Loan as also for all interest costs and other monies which may from time to time become due and remain unpaid to
the Bank thereunder and shall not be determined or in any way be effected by any account or accounts opened or to be
opened by the Bank becoming nil or coming into credit at any time or from time to time or by reason of the said account or
accounts being closed and fresh account or accounts being opened in respect of fresh facilities being granted within the
overall limit sanctioned to the Borrower.
9. Notwithstanding the Bank’s rights under any security which the Bank may have obtained or may obtain the Bank shall have
the fullest liberty to call upon the Guarantor/s to pay the Guaranteed Sum together with interest as well as costs, charges and
expenses and / or other monies for the time being due to the Bank in respect of and / or under the Loan or any of them
without requiring the Bank to realise from the Borrower the amount due to the Bank in respect of the Loan and / or requiring
the Bank to enforce any remedies or security/ies available to the Bank.
10. The Guarantee herein contained shall not be determined or in any way prejudiced by any absorption of or by the Bank or by
any amalgamation thereof or therewith but shall ensure and be available for any by the absorbing or amalgamated Bank
orconcern.
11. The Guarantee shall be irrevocable and enforceable against the Guarantor/s not withstanding any dispute between the Bank
and the Borrower.
12. The Guarantor/s affirm and confirm and declare that any balance confirmation and / or acknowledgement of debt and / or
admission of liability given or promised or part payment made by the Borrower or the authorised agents of the Borrower to
the Bank shall be deemed to have been made and / or given by or on behalf of the Guarantor/s themselves and shall be
binding upon each of them.
13. The Guarantor/s shall forthwith, on demand made by the Bank, deposit with the Bank such sum of security/ies as the Bank
may from time to time specify for the due fulfillment of their obligations under the Guarantee and any security/ies deposited
with the Bank may be sold by the Bank after giving the Guarantor/s a reasonable notice of sale and the said sum or the
proceeds of sale of the security/ies may be appropriated by the Bank in or towards satisfaction of the said obligations and
any liability arising out of non-fulfillment thereof by the Guarantor/s.
14. The Guarantor/s hereby agree that notwithstanding any variation made in terms of the Loan Agreement and / or any of the
said security documents including reallocation / interchange of the individual limits within the Guaranteed Sum, variation in
the rate of interest, extension of the date for payment of the instalments, if any, composition made between the Bank and the
Borrower to give time to or not to sue the Borrower, or the Bank parting with any of the securities given by the Borrower,

30
Guarantor
the Guarantor/s shall not be released or discharged of their obligation under this Guarantee provided that in the event of any
such variation or composition or agreement the liability of the Guarantor/s shall notwithstanding anything herein contained
be deemed to have accrued and the Guarantor/s shall be deemed to have become liable hereunder on the date or dates on
which the Borrower shall become liable to pay the amount / amounts due under the Loan Agreement and/or any of the said
security/ies documents as a result of such variation or Composition or agreement.
15. The Guarantor/s hereby agree and confirm that the Bank shall be entitled to adjust or set off all monies held by the Bank to
the credit of or for the benefit of the Guarantor/s on account or otherwise howsoever towards the discharge and satisfaction
of the liability under these presents.
16. The Bank may recover from the Guarantor/s to the extent herein before mentioned notwithstanding that the principal
Borrower or his agents, partners, directors or officers may have exceeded his or their powers or that the arrangements with
the Bank may have been ultra vires and without being bound to enforce its claim against the Principal Borrower or any other
person or other security/ies held by the Bank. The Bank shall not be bound to enquire into powers of the Principal Borrower
or his agents or partners, directors or officers purporting to act on behalf of the Principal and all moneys dues or liabilities
incurred shall be deemed to form part of the present guarantee.
17. The Guarantor/s agree that notwithstanding the Bank for any reason losing and / or parting with any of the securities given by
the Borrower the Guarantor/s shall not be released or discharged of their obligations under this Guarantee and in the event of
the Bank so losing or parting with the security/ies, the Guarantor/s shall be deemed to have consented to or acquiesced
in the same.
18. The Guarantor/s agree that if the Borrower being an individual becomes insolvent or being a company enters into liquidation
or winding up (whether compulsory or voluntary) or if the management of the undertaking of the Borrower is taken over under
any law or if the Borrower and / or the Borrower and/or the undertaking of the Borrower is nationalised under any law or make
any arrangement or composition with creditors the Bank may (notwithstanding payment to the Bank by the Guarantor/s or
any other person of the whole or any part of the amount hereby secured) rank as creditor and prove against the estate of the
Borrower for the full amount of the Bank’s claim against the Borrower or agree to and accept any composition in respect
thereof and the Bank may receive and retain the whole of the dividends composition or other payments thereon to the
exclusion of all the rights of the Guarantor/s in competition with the Bank until the Bank’s all claims are fully satisfied and the
Guarantor/s will not be paying off the amounts payable by them or otherwise prove or claim against the estate of the
Borrower until the whole of the Bank’s claims against the Borrower have been satisfied and the Bank may enforce and
recover payment from the Guarantor/s of the full amount payable by the Guarantor/s notwithstanding any such proof or
composition as aforesaid. On the happening of any of the aforesaid events, the Guarantor/s shall forthwith inform the Bank
in writing for the same.
19. The Guarantee hereby given is independent and distant from any security/ies that the Bank has taken or may take in any
manner whatsoever whether it be by way of hypothecation, pledge and / or mortgage and of any other charge over goods
moveable or other assets and / or any other properties moveable or immoveable and the Guarantor/s have not given this
Guarantee upon any understanding, faith or belief that the Bank has taken and / or may hereafter take any or other such
security/ies and notwithstanding the provisions of Sections 140 and 141 of the Indian Contract Act, 1872 or other sections of
that act or any other law the Guarantor/s will not claim to be discharged to any extent because of the Bank’s failure to take
any or other such security/ies or in requiring or obtaining any such or other such security/ies or losing for any reason
whatsoever including reasons attributable to its default and negligence benefit of any or other such security/ies or any of
rights to any or other such security/ies that have been or could have been taken.
20. The Guarantor/s agree that any admission or acknowledgment made in writing signed by the Borrower of the liability or
indebtedness of the Borrower or otherwise in relation to the Loan and / or any part payments as may be made by the
Borrower towards the Principal Sum hereby guaranteed or any judgement, award or order obtained by the Bank against the
Borrower shall be binding on the Guarantor/s and the Guarantor/s accept the correctness of any statement of account that
may be served on the Borrower and the same shall be binding and conclusive as against the Guarantor/s also. The
Guarantor/s further agree that in the Borrower making an acknowledgment or making a payment the Borrower shall in
addition to personal capacity be deemed to act as the Guarantor/s’ duly authorised agent in that behalf for the purpose of
but not limited to Sections 18 and 19 of the Limitation Act,1963.
21. The Guarantor/s’ agree that the amount due under or in respect of the Loan and hereby guaranteed shall be payable to
the Bank on the Bank’s serving the Guarantor/s with a notice requiring payment of the amount and such notice shall be
deemed to have been served on the Guarantor/s by actual delivery thereof to the Guarantor/s or by dispatch thereof by
Registered Post or Certificate of Posting or by courier or by any other means to the Guarantor/s’ address herein given or any
other address in India to which the Guarantor/s’ may, by written information, give the Bank a request that communication
addressed to the Guarantor/s be dispatched. Any notice dispatched by the Bank by Registered Post or by Certificate of
Posting or by courier or by any other means to the address to which it is required to be dispatched under this clause shall be
deemed to have been duly served on the Guarantor/s four (4) days after the date thereof and shall be sufficient if it is
established that such notice, communication or demand was properly addressed and sent.

31
Guarantor
SCHEDULE

Description of the Guarantor:

Name of the Guarantor: Mr./Ms./Messrs.


Father’s/Husband’s name Mr.
Form of organisation
Partnership firm registered under the Indian Partnership Act, 1932/a Company incorporated under the Companies Act, 2013
Address / Registered Office Address of the Guarantor:

Name with Title:


(Proprietor / Partner / Managing Director / Director / Authorised Signatory)

SIGNED AND DELIVERED by the withinnamed

Guarantor

Name

32
AUTHORITY LETTER FROM THE PARTNERS
FOR THE BORROWING AND CREATION OF SECURITY
(On the letterhead of the firm)

Date

DCB Bank Limited (the “Bank”)

Dear Sir/Madam,

We the undersigned partners of M/s. _________________________________________ (the “Firm”) the Credit Facilities to the
extent of ` _______________ /- (Rupees ______________________________________________________ Only) (the “Facilities”)

WE FURTHER DECLARE THAT:

1. The Firm does borrow and avail the Facilities from the Bank on the term and condition as may be finalised by any of
Mr. and / Mr.
who are jointly and/or severally authorised to settle and finalise the term and also agree to such amendments, modifications
or revision thereof as are acceptable to the Bank for and on behalf of the Firm.
2. The Firm does authorise, Mr. and/Mr.
jointly and/or severally to sign and execute the Loan Documentation including promissory note, loan agreement,
security/ies agreement, hypothecation deed, mortgage documents, letter of continuity, indemnity, guarantee, letter of lien,
assignment letter and various other documents as required by the Bank, in respect of the Facilities and to take such other
action as may be required in these regards.
3. The Firm does authorise Mr. and / Mr.
to create a mortgage / extension of mortgage by deposit of title deeds in favour of the Bank by depositing the title deeds /
documents / evidences / writing with the Bank by giving an oral consent to the Bank to continue to hold and retain the title
deeds / documents / evidences / writings in respect of the company’s immovable properties situated at together
with all buildings and structures thereon and all plant and machinery attached to the earth or permanently fastened to
anything attached to the earth (hereinafter collectively referred to as the “said immovable Properties”) to secure the due
repayment by the Firm of its Facilities indicated above together with interest, additional interest, further interest by way of
liquidated damages, compound interest, commitment charges, premia or repayment or on redemption, guarantee
commission, commission for letters of credit, costs, charges, expenses and other monies including any increases as a result
of Devaluation / Revaluation / Fluctuation in the rates of Exchange of Foreign currencies involved payable by the Firm to the
Bank under the Loan Agreement / Letters of Sanction / Memo of terms and conditions as amended from time to time.
4. The Firm does hereby authorise Mr. and Mr.
Partners of the Firm to be and are hereby severally authorised to deliver to and deposit with the Bank the title deeds,
writings and evidence with the Bank and to give oral consent as aforesaid for and on behalf of the Firm with an intention to
create a mortgage / extend the mortgage over the said immovable Properties belonging to the Firm.
5. The Firm does hereby authorise any two of the Partners of the Firm to execute letters of Acknowledgment of Debt /
Balance confirmation letters favouring the Bank for and on behalf of the Firm acknowledging the liabilities of the Firm to
the Bank in respect of the various Credit Facilities availed by the Firm from time to time as and when called upon to do so
by the Bank.
6. The Firm does authorise Mr. and Mr.
to procure Guarantees from Mr. and Mr.
to execute letters of guarantee and letters of Acknowledgment of Debt/Balance confirmation letters in their respective
personal capacity and on behalf of the Firm as guarantors favouring the Bank to secure the various Credit Facilities availed /
to be availed by the Firm from the Bank and acknowledging their liability as guarantors to the Facilities.
7. The Firm shall request:

(1) ;

(2) ;

(3) ;

(4) ; and

(5) ;

33
to create mortgage over their / his respective properties favouring the Bank to secure the various Credit Facilities availed /
to be availed by the Firm from the Bank.
8. The Firm further authorises and states that Mr.
and Mr.
do all acts, deeds, matters, things and do execute any documents, writings, agreements, deeds, declarations and
undertakings as may be necessary on behalf of the Firm for availing of such advances / Facilities.
9. Such acts of execution will bind all the partners and their respective heirs, executors, administrators and successors in
their individual capacity.

NAME INDIVIDUAL SIGNATURE

34
BOARD RESOLUTION
(On the letter head of the Company)

Certified true copy of an extract from the minutes of the meeting of the Board of Directors of __________________________________
___________________________________________________ (the “Company”) duly convened with an appropriate quorum held on
______________ at ______ a.m./p.m. at the Registered Office

“RESOLVED THAT the Company do hereby shall borrow from DCB Bank Limited (the “Bank”) a Home Loan / Business Loan (the
“said Loan”) up to an extent of ` ________________/- (Rupees _______________________________________________________ only)
for the purpose of and on the terms and conditions contained in the sanction letter no._____________ dated ________________
issued to the Company by the Bank and the Loan Agreement to be executed by and between the Company and the Bank, as per the
standard format of the Bank, copy whereof was placed before this meeting and for the purpose of identification initialed by the
Chairman of the Company.

RESOLVED FURTHER THAT the terms and conditions as to the rate of interest, processing fees, repayment terms and
security/ies to be created for availing the said Loan are hereby duly approved.

RESOLVED FURTHER THAT Mr.______________________________________________, director of the Company be and is hereby


authorized to finalize the terms and conditions of the said Loan and submit the related documents and to execute the Loan
Agreement and all related documents required by the Bank on behalf of the Company.

RESOLVED FURTHER THAT the Company shall provide in favour of the Bank such security/ies including but not limited to
mortgage of the Property as may be agreed by the Bank at the time and in the manner as the Bank may require in connection with
the said Loan sanctioned/agreed to be sanctioned by the Bank to secure the due repayment by the Company of the said Loan
together with interest, additional interest, cost, expenses, fee and such other sums as may be due and payable by the Company to
the Bank and that the security so created shall be a continuing security and the above named director of the Company be and is
hereby authorised to execute all such security/ies documents as may be required by the Bank and also to deposit the original title
deeds and documents of immovable property situated at ________________________________________________________________
_____________________________________________________________________________consisting of lands, building and other
structures, with intent to create security/ies thereon by way of mortgage for the due repayment of the said Loan with interest at the
agreed rates or at such other rates as may be notified to the Company by the Bank from time to time.

RESOLVED FURTHER THAT the Company hereby declares and assures the Bank that its total borrowings including the said Loan
mentioned above are within the aggregate of its paid-up capital and free reserves as required by Section 293 of the Companies Act,
2013 within the borrowing limit sanctioned by the Resolutions passed at the General Meeting of the Members of the Company held
on the ____________________ day of _______________ 20___.

RESOLVED FURTHER THAT the common seal of the Company be affixed to the Loan Agreement, security documents, power of
attorney and other documents, as may be required by the Bank in the presence of Mr. _______________________________________
________________________________________________, director of the Company who shall in token thereof execute the Loan
Agreement, security/ies documents, power of attorney and other documents and that such documents be thereafter delivered to
the Bank.

RESOLVED FURTHER THAT the Company do file with the Registrar of Companies the requisite particulars of charge in respect of
the said Mortgage and/or any other form of charge creation within the time limit prescribed therefor by law.

35
Certified that the above is a true copy of the resolution passed on by the Board of Directors and that it has been entered in the usual
course of business in the minutes book of the Company and signed therein by the Chairman of the Company and is in accordance
with the Memorandum and Articles of Association of the Company.

Certified true copy

___________________
(Director)

36
STANDING INSTRUCTIONS FORM
(CUSTOMER COPY)

To,
DCB Bank Limited,
Mumbai.

Re : Standing Instruction for Secured Assets EMI’s

I / We hereby request you to debit my / our account no. in the name of

held with DCB Bank Limited (the “Bank”) branch towards the Equated Monthly Installments
(EMIs) for the Secured Assets availed from the Bank, the details of which are given hereunder.

Borrower’s Name:

Upper limit for EMI Amount (in Figure):

Upper limit for EMI Amount (in Words):

Number of Installments:

I / we have also enclosed 3 (three) Security cheques for the EMI along with this letter.

I / we undertake to keep my / our account funded for executing the instructions given above.

Thanking you,

Yours sincerely,

Name(s) of the Account Holders(s): Signature(s) of the Account Holders(s):

1.

2.

3.

Date :

For Bank use : (To be filled in by Bank officer)

Secured Assets A/c. No.:

EMI Start Date :

EMI End Date :

37
38
DECLARATION FOR SIGNING IN VERNACULAR LANGUAGE

I, son / daughter / wife


of adult and inhabitant of residing at
do hereby state and declare on solemn affirmation as under:

I have been read out and explained in the language known to me, the contents of the loan documents incidental to availing the
loan from DCB Bank Limited by me / by Mr. / Ms.
and I / he / she / they has / have signed the said loan documents after having understood them and do hereby agree to abide by all
the terms and conditions of the loan and the clauses of the same.

I declare that whatever I have stated hereinabove is true and correct to the best of my knowledge and belief.

Solemnly affirmed at of this day of 20 .

Borrower Co-Borrower - 1

Co-Borrower - 2 Co-Borrower - 3

39
DCB Bank Limited

You might also like