[This deed of Mortgage is valued at Rs. 1,66,93,156 /- (Rs.
ONE
CAROR SIXTY SIX LAKH NINTY THREE THOUSAND ONE HUNDRED AND FIFTY
SIX ONLY ) and stamp duty of Rs. 50100 /- is paid herewith]
MORTGAGE DEED
This Deed of Mortgage made at on this ____ day of _________ 2024
(1) Mrs. ASHWINI w/o. NAGNATH PANZADE,Age about 32
Years, occupation- BUSINESS R/o. Plot No. RM-178, Part No. 03, MIDC
Waluj, Indraprasth Colony, Bajaj Nagar, Near Alphonsa English High School,
Mauje – Wadgaon Kolhati, Tal. Dist. – Chh. Sambhaji Nagar – 431136.
PAN No. EZCPB4567E
(2) Mrs. NAGNATH S/O SOPANRAO PANZADE,Age about 37 years,
occupation- BUSINESS R/o. Plot No. RM-178, Part No. 03, MIDC Waluj,
Indraprasth Colony, Bajaj Nagar, Near Alphonsa English High School, Mauje –
Wadgaon Kolhati, Tal.Dist.– Chh. Sambhaji Nagar – 431136.
PAN No.BJUPB9163K
IN FAVOUR OF
IDBI BANK LIMITED, a company registered under the Companies Act, 1956 (1 of
1956) and a company within the meaning of the Companies Act, 2013 and a banking
company within the meaning of section 5(c) of the Banking Regulation Act,1949
(10 of 1949) and having its registered office at IDBI Tower, World Trade Centre,
Cuffe Parade, Mumbai 400005 and a Branch Office at CHHATRAPATI
SAMBHAJINAGAR (Aurangabad) PAN :-AABCI8842G (hereinafter referred to as
“the Mortgagee / Bank”, which expression shall, unless it be repugnant to the
subject, context or meaning thereof shall be deemed to mean and include its
successors and assigns).
(A) Whereas the Mortgagor is seized and possessed of or otherwise well and
sufficiently entitled to all the pieces or parcels of land / Shops /house and
absolute and exclusive owner of the said constructed premises
admeasuring 93.75sq.mtrs.on plot bearing RM-178, Part No. 03 along with
undivided land share to the extent of 93.75sq.mtrs., situated at Bajaj
Nagar, within the limits of MIDC Waluj, Chhatrapati Sambhajinagar
(Aurangabad) as specified in the
Schedule hereto, together with all constructions / buildings fixtures / fittings
attached thereon (hereinafter referred to as ‘the property’), which is free
from encumbrances, attachments, charges and liens whatsoever.
Whereas the Mortgagor for the purpose of HOME LOAN BALANCE
TRANSFER,TOP-UP and INSURANCE LOAN approached the Bank and requested
for sanction of loan of Rs. 26,00,000/- (Rupees TWENTY SIX LAKH ONLY) and Rs.
16,00,000 /- ( Rupees SIXTEEN LAKH ONLY ) At the request of the Mortgagor, the
Bank vide, Home Loan sanction letter dated 15/04/2025 sanctioned Rs.
26,00,000/- (Rupees TWENTY SIX LAKH LAKH ONLY) and Rs. 16,00,000 /- ( Rupees
SIXTEEN LAKH ONLY ) hereinafter referred to as the loan for purpose of housing
Whereas the Mortgagor, pursuant to said sanction, entered into a Loan agreement dated
1 5 /04/2025 with the Bank (hereinafter referred to as ‘the Loan Agreement’),
wherein the Mortgagor agreed to borrow from the Bank and the Bank agreed to
lend and advance to the Mortgagor, the sum to the maximum extent of Rs.
26,00,000/- (Rupees TWENTY SIX LAKH ONLY) and Rs. 16,00,000 /- (
Rupees SIXTEEN LAKH ONLY ) on the terms and conditions contained
therein,one of which is that the Mortgagor shall secure the said Loan, inter alia, by
a mortgage on the property by execution of the Deed of Mortgage by the
Mortgagor in favour of the Bank.
(B) Pursuant to the Loan Agreement, the Bank has called upon the Mortgagor to
execute these presents, which the Mortgagor has agreed to do in the manner
hereinafter expressed.
NOW, THEREFORE, THIS INDENTURE WITNESSES as follows:-
1. In pursuance to the said Loan Agreement and in consideration of the disbursement
of the Loan viz, sum of Rs. 26,00,000/- (Rupees TWENTY SIX LAKH ONLY)
and Rs. 16,00,000/- ( Rupees SIXTEEN LAKH ONLY ) , at or before the
execution of these presents, the receipt whereof the Mortgagor doth hereby
admits and acknowledges, the Mortgagor hereby covenants with the Bank that he
will repay to the Bank at CHHATRAPATI SAMBHAJINAGAR (Aurangabad) ,
the said sum of Rs. 1,65,00,000/- (Rupees ONE CRORE SIXTY FIVE LAKH
ONLY) with interest at floating Rate of Interest @ 10.55 % per annum floating
(RLLR
+ Base Spread=10.55 %) per annum for Mortgage Loan ,
and Insurance loan Rs. 1,93,156 /- ( Rupees ONE LAKH NINTY THREE
THOUSAND ONE HUNDRED AND FIFTY SIX ONLY ) with interest at
floating Rate of Interest calculated on monthly reduce balance payable every
month from the date of these presents till the repayment of the said sum in full, until the
said sum is repaid in full. The repayment of total interest with principal amount of in equated
Instalment.
Provided that the Bank shall at any time and from time to time be entitled to change
the rate of interest and notify such change to the Mortgagor (other than a
change on account of the change in the MCLR) and such revised rate of interest
shall always be construed as agreed to be paid by the Mortgagor and hereby
secured.
2. Provided further that, without prejudice to the Bank’s other rights and remedies,
the Bank shall be entitled to charge at its own discretion enhanced rates of interest
on the outstanding in the Loan account or a portion thereof for any default or
irregularity on the part of the Mortgagor which in the opinion of the Bank warrants
charging of such enhanced rates of interest for such period as the Bank may deem
fit. In pursuance of the Loan Agreement between the Mortgagor and the Bank and
in consideration of the premises, the Mortgagor do hereby grant and transfer unto
the Bank by way of mortgage as security for the Loan all his rights, title and
interest in the property as specified in Schedule hereto, together with buildings,
erections, structures, fixtures, fittings, and equipment, which now are or
hereinafter may of any time during the continuance of this security be erected or
standing on or attached to or affixed to the property or any part thereof including
all rights, liberties and easements in respect thereof and all the estate, right, title,
interest, claim and demand whatsoever of the Mortgagor into and upon the
property and the said premises (hereinafter all referred to as “the mortgaged
premises/the property”).
3. The Mortgagor hereby covenant(s) with Bank as follows:
(a) The Mortgagor shall at all times keep such items of mortgaged premises as are of
insurable nature, insured against loss or damage by fire and other risks as may be
required by the Bank and shall deliver to the Bank all the insurance policies. The
proceeds of such insurance shall at the option of the Bank either be applied towards
replacement of the mortgaged premises or towards the satisfaction of the Bank’s
dues hereunder.
(b) The Mortgagor shall permit the Bank and its servants and agents either alone or with
workmen and others from time to time and at all reasonable times and without
notice to the Mortgagor but at the risk and expenses of the Mortgagor and becomes
so necessary as attorney for and in the name of the Mortgagor to enter into and
upon the mortgaged premises and to inspect the same.
(c) The Mortgagor shall produce the latest authenticated extract from the record
maintained by the competent authority(s) showing his ownership and proper
recording of charge in favour of the Bank of the property mortgaged as security
for the Loan. Such extract shall also be produced periodically at such times as the
Bank may require.
4. It is hereby further agreed and declared by the Mortgagor as follows:
(i) In addition to the security over the mortgage premises created hereunder,
the Mortgagor shall be also personally liable to pay the Loan to the Bank.
(ii) Without prejudice to the other rights of and recourses available to the
Bank hereunder:
(a) If default is made by the Mortgagor in payment of any moneys for the time being
owing on the security of these presents, or in payment of interest at the rate and
in the manner aforesaid, or in performance and observance of any covenant,
condition or provision herein contained and on his / their part to be performed
and observed, or
(b) If in the opinion of the Bank circumstances exist under which the Bank’s interest are
in jeopardy, or the whole or part of the security is/ are likely to be adversely affected
/ reduced / lost/ diminished by or in consequence of any act or omission of the
Mortgagor or for any other reason whatsoever, then and in anyone or more of
such events the moneys for the time being owning on the security of these
presents shall at the option of the Bank immediately become payable to the
Bank and the Bank shall be entitled to exercise any of its rights and remedies in
its discretion available under law for realization of the mortgage debt and the
decision of the Bank as to whether anyone or more of the aforesaid
circumstances exist shall be conclusive and binding the Mortgagor. In the event of
the amount due to the Bank hereunder not being fully satisfied out of the sale
proceeds of the mortgaged premises, the Mortgagor shall be liable personally to
repay the balance due to the Bank.
5. Provided that if the Mortgagor shall duly pay to the Mortgagee, the Loan or
such lower sum as may be advanced by the Mortgagee in the manner set out in the
Loan Agreement and interest, interest tax and other monies due under the Loan
Agreement, hereby secured in the manner herein provided and all other moneys
by these presents or by law payable by the Mortgagor to the Mortgagee, then and
in such case the Mortgagee shall at any time thereafter at the request and cost of
the Mortgagor forthwith re-transfer, re-assign and re-assure unto the Mortgagor
or as the Mortgagor shall direct the Mortgaged Premises expressed to be hereby
granted, assigned, transferred, assured, and charged and any other premises
which may by comprised in these presents.
6. The Mortgagor hereby warrants and undertake to the Mortgagee that -
(a) the property is the absolute property of the Mortgagor and are free from any
Mortgage, charge or encumbrance and are not subject to any lispendens,
attachment or other process issued by any Court or authority and that all future
assets and property of the Mortgagor which might be comprised in these presents
shall likewise be the unencumbered and absolute property of the Mortgagor;
(b) The Mortgagor is not a party to any litigation pertaining to the property.
(c) The Mortgagor is not aware of any documents, judgment or legal process or
other charges affecting the title of the property or of any material defect in the
property or to its title which has remained undisclosed and/or which may
prejudicial affect the Mortgage.
(d) The property is included in or affected by any of the scheme of the
Improvement Trust or any other public body or authority or by any alignment,
widening or construction of road, any scheme of the Government or of any
Corporation, Municipal Committee, Gram Panchayat, etc.;
(e) No suit is pending in any Court of Law in respect of the property comprised in these
presents nor has the Mortgagor been served with any notice for infringing the
provision of the Municipal or any other Act relating to Local bodies or Gram
Panchayat under any of the said Acts;
(f) the Mortgagor has disclosed in writing to the Mortgagee all material facts relating to
the property;
(g) The Mortgagor has paid all public demands such as income tax, corporation tax
and all other taxes and revenue payable to 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.
7. Nothing herein contained shall be deemed to affect or prejudice the right and
powers of the Mortgagee under these presents or under the Loan Agreement
including the right to call for the whole of the Loan in default of payment of any
instalment of the principal sum of the Loan or interest or other breach of the
terms of these presents or of the Loan Agreement.
8. All the obligations of the Mortgagor and all the rights and remedies and powers
of the Bank as Bank under the law for the time being in force except so far as they
may be expressly varied or may be inconsistent with these presents shall be
deemed to be incorporated in these presents. Provided that the provisions of
section 61, 65A and 67A of the Transfer of Property Act, 1882, shall not apply to
these presents or to the Mortgagor or the Bank as Bank interse and this deed
between the parties shall be deemed a contract to the contrary for the purpose of
these sections.
9. It shall be lawful for the Mortgagor to retain possession of and use the property until
the Mortgagee shall be entitled to take possession thereof under these presents
and shall take possession thereof accordingly.
10. The Mortgagor shall bear stamp duty, registration charges and other out of
pocket expenses for the execution and registration of this deed and re-
conveyance deed.
11. The Mortgagor hereby gives his / their consent for the loans being recovered as a
public demand / moneys in terms of any legislation relating to recoveries
thereof, where such consent is necessary under such legislation.
12. This Mortgage is intended to and shall operate as a continuing security for all
loans, indebtedness and liabilities of the Mortgagor to the Bank at all times
during the subsistence of this Bank notwithstanding:
(a) the existence of a credit balance of “NIL” balance in the loan accounts at any time or
any partial payment or fluctuation of accounts; or
(b) any loans or any part thereof have been repaid either after demand has been made
by the Bank or otherwise or has not been so repaid on demand.
13. If the Mortgagor be more than one individual, each one or any of them is authorized
and empowered by the others of them to admit and acknowledge their liability to
the Bank by any payment into the account or by way of express writing in any manner
or otherwise and any such admission and acknowledgement of the liability by one or
more of them shall be construed to have been made on behalf of each of them.
14. Any demand or notice may be served on the Mortgagor personally or by
Facsimile (Fax), e-mail, Courier or by registered post acknowledgement due or
under certificate of posting to the address recorded with the Mortgagee or left or
affixed to any part of the mortgaged properties and when such address is not
recorded to the last known address of the Mortgagor/s and any / every such demand
or notice shall be deemed to have been received as the case may be at which it
was left or at which it would have been delivered in the ordinary course of post at
the above address.
15. The Mortgagor/s shall pay all costs, charges and expenses between Attorney and
client in anywise incurred or paid by the Mortgagee and incidental to or in
consonance with these presents or its security and incurred as well for the assertion
or defence of the rights of the Mortgagee as for the protection and security of the
mortgaged properties and for the demand realization and recovery of the said
mortgaged debt, interest and other monies payable to the Mortgagee and the
same shall on demand be paid by the Mortgagor/s to the Mortgagee with interest
thereon at the agreed rates from the time of the same having been so incurred and
until such payment the same shall be a charge upon the mortgaged properties.
16. If the mortgaged properties or any part thereof shall at any time be acquired or
taken up by government and/or by any public Authority or Body for itself or for
any local body or authority or public purpose or under any law or for any other
reason whatsoever the Mortgagee shall be entitled to receive the whole of the
compensation and to apply the same or a sufficient portion thereof towards
repayment of the mortgaged debt and interest and all costs, charges and expenses
and other monies due under these presents and all proceedings for ascertainment
and apportionment of the compensation payable for the mortgaged properties or
any part therof shall be conducted by the Mortgagor/s through the Attorneys and
engineers of the Mortgagee and if the Mortgagor/s shall not do so then the
Mortgagee shall be entitled to engage its attorneys and engineers and the
Mortgagor/s shall on demand pay to the Mortgagee all costs charges and expenses
that may be incurred by the Mortgagee in this regard with interest thereon from the
time of the same having been so incurred and until such repayment they shall be a
charge on the mortgaged properties. And in all proceedings in Courts of Law or
tribunals or before Public or other Officers wherein the Mortgagee shall be entitled
and required to appear, the mortgagee shall be entitled to appear by attorneys,
counsels, architects, engineers and other professional persons as it may deem fit
and all costs charges and expenses between advocate and client incurred in this
regard by the Mortgagee shall be repaid by the Mortgagor/s to the Mortgagee with
interest and they shall until repayment be a charge on the mortgaged properties.
SCHEDULE
constructed premises admeasuring 128.03 sq.mtrs. on First Floor (on Southern
Side) and 128.03 sq.mtrs., on Second Floor (on Southern Side) i.e. Constructed
Premises totally admeasuring 256.06 sq.mtrs., (on Southern Side) on plot bearing
CTS No.4596 along with undivided land share to the extent of 132.40 sq.mtrs.,
situated at Aurangpura, within the limits of Chhatrapati Sambhajinagar Municipal
Corporation, Chhatrapati Sambhajinagar (Aurangabad) within the Sub-Registration
and Registration District of Aurangabad and bounded by
East : Road.
West : House of Gosavi.
North : Staircase and remaining northern part of Same building owned by Mr.
Umesh Kulkarni.
South : 80 feet wide road.
together with fixture’s and fittings attached
In witness whereof the Mortgagor have set his/her/its hand to these presents
on this day of march 2025 first above written.
--------------------------------------
Signed and Delivered by
the within named PHOTO THUMB
(1) Mrs. SIMA w/o. SANTOSH BADE
(2) Mrs. SHIVSHAILA W/O DIPAK BANGAR
(3) MR. SANTOSH BHAGWAN BADE
Date :____/ ____ /2025
WITNESS PHOTO THUMB
1)
2)