DCB Loan Agreement
DCB Loan Agreement
Loan Booklet
Product Agri Allied Term Loan
Name of Applicant Gurijala Chenchu Kishore
BC Reference ID 14167_000068965_19042024
Amount 50000
Sanctioned
Rate of Interest 25%
I declare/confirm that:
• I have applied for a Credit Facility from DCB Bank Limited through Doordrishti Platform owned by Dvara-E-Registry.
• That DCB Bank has engaged Dvara-E-Registry as Business Correspondent.
• That Dvara-E-Registry will reach out to me for providing Credit Facility and related services on behalf of DCB Bank
Limited.
• My Loan will be sanctioned and disbursed by DCB Bank Limited and not Dvara-E-Registry.
• That I should write to [email protected] for any complaints/clarifications required in respect of the
Credit Facility granted to me.
• Repayment of the Credit Facility will be collected/debited as per my instructions by Dvara-E-Registry on
behalf of DCB Bank Limited.
• I shall inform DCB Bank Limited in writing about the change in registered email Id, address, telephone,
mobile number, job, business, profession, as the case may be immediately after such change.
This Credit Facility shall be governed by the terms of Sanction Letter and Loan Agreement executed by me/us with DCB Bank Limited.
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LOAN AGREEMENT
THIS AGREEMENT executed at the place and date as specified herein below by the person(s) described in the
Schedule herein as the Borrower(s) (hereinafter collectively and severally referred to as "the Borrower“) and by
the person(s) described in the Schedule herein as the Co-Borrower(s) (hereinafter collectively and severally
referred to as "the Co- Borrower”)
IN FAVOUR OF
DCB BANK LIMITED, a Banking Company within the meaning of the Banking Regulation Act, 1949 and
incorporated under the Companies Act, 1956, (CIN: L99999MH1995PLC089008) and deemed to exist within
the meaning of Companies Act, 2013, having its Registered Office at 601 & 602, Peninsula Business Park, 6th
Floor, Tower A, Senapati Bapat Marg, Lower Parel, Mumbai – 400 013 and its concerned branch office at the
address stated in the Schedule (hereinafter called the "Bank” which term unless the context otherwise requires
includes its successors and assigns from time to time).
The expression “the Borrower” and “the Co-Borrower” shall include their respective heirs, executors,
administrators and assigns, surviving partners, successors, Co-parceners, members, all trustees, as the case may
be.
The term “the Borrower” includes the Co-Borrower.
WHEREAS:
The Bank at the request of the Borrower is agreeable to grant/ has granted/ agreed to grant such Credit Facility
upto the limit(s) as specified in the Schedule herein below with full power to the Bank from time to time to
renew or reduce or enhance the limit or altogether withdraw or cancel the credit facility without assigning any
reason and on the terms and conditions appearing herein (hereinafter collectively and individually referred to as
"the Credit Facility"), vide sanction letter details of which are specified in the Schedule herein.
IN CONSIDERATION OF THE Bank granting the Credit Facility, the Borrower hereby agrees, undertakes, declares,
records and confirms with the Bank as follows:
1. The Borrower’s application submitted with the Bank/ Sanction letter issued by the Bank
and accepted by the Borrower shall constitute the basis of this Agreement and of the
Credit Facility to be advanced by the Bank hereunder and the Borrower hereby confirms
the correctness of each and every statement and particulars therein set forth. Further
the sanction letter shall always be deemed to be an integral part of this Agreement.
2. The Borrower agrees and undertakes to notify the Bank, in writing, of any
circumstances affecting the correctness of any of the particulars mentioned in the
Borrower’s application within 7 (seven) days of the occurrence of any circumstance.
3. The principal amount of the Credit Facility shall, if not demanded earlier by the Bank as
mentioned hereinafter, be repaid by the Borrower to the Bank to be paid as per
repayment schedule stipulated in this Agreement, provided however that the Bank shall
be entitled to demand immediate repayment of the Credit Facility amount if any
installment of interest/ Credit Facility installment remains unpaid on the due date for
payment thereof.
4. The Credit Facility shall be disbursed/has/have been disbursed by the Bank to the Borrower
in installments or in one lump sum.
5. The Borrower shall pay interest on the Credit Facility to be calculated on the daily
balances in the Credit Facility account(s) with monthly/quarterly/half yearly/yearly
(please strike whichever is not applicable) or other rests as prescribed by the Bank from
time to time as per the extant guidelines of the Bank in line with applicable Reserve
Bank of India (RBI) guidelines at the rate as mentioned in the Schedule hereunder.
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Provided that the Bank shall at any time and from time to time be entitled to change
the rate of interest and such revised rate of interest shall always be construed as
agreed to be paid by the Borrower and hereby secured. The Borrower shall be deemed
to have notice of change in the rate of interest whenever the changes in 1 (one) year
External Benchmark Linked Rate (EBLR) are displayed/notified in/by the
branch/published in newspaper/made through entry of interest charged in the
passbook/ statement of accounts sent to the Borrower. The Borrower hereby waives the
requirement of notice on the revision of interest.
6. Further, 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 Credit Facility account(s) or a portion thereof or for any default or irregularity on the
part of the Borrower which in the opinion of the Bank warrants charging of such
enhanced rates of interest for such period as the Bank may deem fit.
7. The Borrower agrees that any subsidy provided/to be provided by the Government or
such authorities as prescribed by the Government, shall be kept in Term Deposit
Account in his name with the Bank for such period as may be stipulated and which
would be adjusted towards Credit Facility as per the norms of the subsidy scheme.
8. Penal charges shall be leviable on any default by the Borrower in payment for dues or
of any of the terms and conditions herein as specified in the Schedule below and the
same shall be a charge on the properties secured under the Credit Facility and leviable
from the date of the default without prejudice to the Bank’s other rights available as
per this Agreement and on default/ failure of the Borrower to pay the same. Provided
also that the obligation to pay penal charges shall not entitle the Borrower to set up a
defense that no event of default as mentioned hereunder has occurred.
9. The Borrower shall on demand forthwith pay to the Bank the outstanding(s) owing to
the Bank in respect of the Credit Facility inclusive of interest, penal charges,
commissions, costs, charges and expenses. The Borrower shall pay the loan in
instalments and on such terms as may be stipulated in the Sanction/ repayment
schedule.
10. In the event of any default committed, the Bank shall have the right to demand
the repayment of entire amount of principal and interest thereon remaining dues and
outstanding which shall become payable forthwith.
11. The occurrence of any of the following Events shall be treated as an Event of Default-
(a) any breach of the terms of this Agreement;
(b) anyone or more installments or the balance due to the Bank is/are not paid on time;
(d) if any distress or execution is levied or issued upon or against any part of the
property of the Borrower and the same is not discharged or vacated within 14
(fourteen) days or if a receiver is appointed for the Borrower’s property or if any
substantial part of the Borrower’s assets or business shall be deemed to be seized;
(e) if any action by any Government or any other authority is instituted to suspend business
maturity thereof;
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(h) if any information furnished by the Borrower to the Bank is found to be incorrect or
incomplete in any material particulars;
(i) if there is any deterioration or impairment of the securities or any part thereof or any
decline or depreciation in the value or market price thereof (whether actual or
reasonably anticipated), which causes the securities in the judgment of the Bank to
become unsatisfactory as to character or value;
(j) if any attachment, distress, execution or other process against the Borrower, or any of
assignment for the benefit of creditors, if the Borrower suspends payment to any
creditors or threatens to do so, filing of any petition in bankruptcy of by, or against the
Borrower;
(l) if the Borrower fails / fail to utilise the Credit Facility exclusively for the purpose and in
the manner set forth in the Borrower’s application / proposal or the Borrower fails to
implement the proposal in accordance with the terms and conditions therein to the
satisfaction of the Bank;
(m) commits any willful default in the opinion of the Bank and/or per the
guidelines of Reserve Bank of India and not rectified by the Borrower thereafter to the
satisfaction of the Bank;
(n) if any declaration made by the Borrower is found to be false at any time.
12. In the event of any default as above the Bank shall have the right :-
a) To recover the entire dues forthwith,
13. The Bank shall have the right of lien and set off against any of the balances in the
account of the Borrower in accordance with the provisions of this Agreement and/or
under the law.
14. The Borrower shall not bank with any other bank without the prior written consent of
the Bank.
15. The Borrower shall also provide a suitable third party guarantee as and when
required. Without prejudice to the Bank’s absolute right in its uncontrolled discretion
without any notice, reference or intimation to the Borrower and without Borrower’s
consent to adjust, appropriate or set off at any time and from time to time any amount
received or to be received by the Bank from the Borrower or any amount due or to
become due to the Borrower in any current, savings, term deposit or any deposit
account or any account whatsoever at any of the Bank’s branches whatsoever, any
amount received or to be received by the Bank may first be appropriated by the Bank
towards costs, charges and expenses incurred by the Bank and surplus amount, if any,
may thereafter be appropriated by the Bank towards interest chargeable by the Bank
and surplus amount, if any, may lastly be appropriated by the Bank towards principal
amount due to the Bank.
16. Notwithstanding the Bank's decision/action/policy, if any to reverse any debit
entry or not to debit interest or not to make any debit entry in the Bank's books or in
ledger account or in statement of account or any account, for any period whatsoever,
the Borrower shall be bound and liable to pay jointly and severally to the Bank, the
entire outstanding, debit balance and compound interest thereon with
monthly/quarterly/half yearly/yearly (please strike whichever is not applicable) or other
rests as prescribed by the Bank from time to time as per the extant guidelines of the
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Bank in line with applicable Reserve Bank of India (RBI) guidelines at the rate as
mentioned in the Schedule hereunder till the date of realization, recovery or collection
by the Bank of all such amounts plus interest, penal charges , interest tax, additional
interest, if any, liquidated damages, commission, costs, charges and expenses at such
rates as may be prevailing or fixed or to be fixed by the Bank from time to time without
any reference, notice or intimation by the Bank at any time whatsoever.
17. The Borrower does hereby agree, undertake, record, declare, admit, assure,
promise, acknowledge and confirm to abide by, accept, satisfy, fulfill, carry out, perform
and comply fully with all the terms, conditions, requirements, sanctions, provisions and
stipulations or any amendments or modifications therein made or to be made by the
Bank at any time or from time to time in its sole discretion concerning any of
Borrower’s facilities (including but not limited to the Credit Facility), limits or accounts
without any reference, notice or intimation by the Bank in that behalf.
18. Any stamp duty, penalty, registration charges, or deficit therein, if any, payable on
this document shall be borne and paid by the Borrower and not by the Bank.
19. In the event of default, the Bank shall have a right to seize/take over possession
of the security/ies if any charged or subsequently hereunder and sell them and recover
its dues.
20. The Bank reserves its right to appoint at its sole discretion such persons as its
agents and trustees as the Bank may deem fit and the Borrower accepts and
acknowledges that such agents and trustees shall have the right to demand payment
from the Borrower of all amounts due and payable by the Borrower to the Bank, to
receive such payments from the Borrower, to seize/repossess the security/ies charged
in favour of the Bank for the Credit Facility granted, to proceed against the Borrower for
recovery of the Credit Facility, to foreclose the security/ies created by the Borrower, to
file suits and take legal proceedings against the Borrower and other persons for
recovery of all or any of the amounts due by the Borrower to the Bank and to do all
such acts, deeds and things as the agents and trustees may be entitled to do pursuant
to the authority granted to them by the Bank.
21. The Business Correspondent shall not, under any circumstances, charge any fee
to the Customers directly or indirectly on account of the Services being rendered by the
business correspondent on behalf of the Bank pursuant to this Agreement. Bank is
responsible to the customer for acts of omission and commission of the Business
Correspondent.
22. In the event of double recovery / realisation of the same instalment, both in the
form of realisation of the returned / dishonoured Post Dated Cheque and also in the
form of cash or any other mode of payment the Bank shall, without prejudice to the
Bank's right of set off or lien available under law or otherwise, have the right to adjust /
appropriate the excess amount towards any dues / instalments outstanding and / or for
any future dues / instalments payable by the Borrower. .
23. Securitisation: The Bank shall be absolutely entitled and have full power and
authority without any further reference or intimation to the Borrower and in such
manner and on such terms and condition as the Bank may decide at its sole discretion
to :
a) Securitise, sell, assign or transfer in any manner all or any of the Credit Facility (either
with or without the underlying securities) and any or all the Bank’s rights and
obligations under the Loan / Security Agreements executed / time to time executed
by the Borrower (either reserving the right of the Bank to retain such powers
including their power to collect or proceed against the Borrower on behalf of the
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purchaser/s, assignee/s, or transferee/s) to any other bank/s or financial institution/s
or other institution/s or third party/ies of the Bank’s choice. In the event of Bank
assigning, securitising, transferring as above to one or a number of institutions /
parties, the Bank may if it so desire and at its sole discretion appoint a Trustee or a
Company or a Special Purpose Vehicle for the benefit of such purchasers/assignees
and may transfer/assign the securities and the security/loan documents executed by
the Borrower in favour of such Trustee / Company or the Special Purpose Vehicles for
holding the same on behalf and for the benefit of the Assignees / Purchasers /
investors.
b) Enter into securitisation transaction (either with or without underlying securities) by
assigning, transferring, selling all or any of the Credit Facility (either with or without
the underlying securities) and any or all the Bank’s rights and obligations under the
Loan / Security Agreements executed / time to time executed by the Borrower to a
Special Purpose Vehicle (SPV) (being a Trust or a Company) or Securitisation
Company who may raise funds for such purchase on the strength of the assigned
securities / our obligations under Credit Facility, by issuing Pass Through / Pay
Through Certificates, Bonds or other instruments to the Investors on such terms and
conditions Bank / SPV / Securitisation Company may deem fit.
c) While entering into such transactions mentioned above the Bank may if it so desires
reserve its rights for repurchase of the Credit Facility and the securities transferred
and may give option to the Purchaser / Assignee / Investors to re-assign the assigned
facility and the security to the Bank on such terms and conditions Bank may deem fit.
Any such securitisation, sale, assignment or transfer and the related actions in respect thereof shall bind the
Borrower and the Borrower shall accept such bank/s or financial institution/s or other institution/s or investor/s
or third party/ies as creditor exclusively or as a joint creditor with the Bank, as the case may be. Any cost in
this behalf, whether on account of enforcement of rights and recovery of outstanding and dues, shall be to
Borrower account. The Borrower shall also execute any further documents required in this connection at the
opinion of the Bank, for further effecting the said transaction at Borrower’s costs and expenses. The Borrower
shall not be entitled to directly or indirectly assign the benefit or obligation under the Credit Facility and its
securities without the express prior written permission of the Bank.
In the event that the claim or dispute does not fall within the jurisdiction of the Debts Recovery Tribunal
established under the Recovery of Debts Due To Banks and Financial Institutions Act, 1993, for the purposes
of arbitration mentioned in clause 52, the Courts of the city in which the concerned branch is situated or
Capital of the State, shall subject to the provisions of law have exclusive jurisdiction in relation to this
Agreement, the arbitration and all matters arising in connection herewith and therewith.
24. The Borrower irrevocably agrees and consent to the Bank at any time as under :
a) In any manner disclosing and/or making available to any agencies, bureaus (including
credit bureaus specified by the Reserve Bank of India (RBI), which presently includes
the Credit information Bureau (India) Limited), affiliates or subsidiaries of the Bank,
associations and other persons whosoever any information (including personal and
financial information) and documents of or relating to the Borrower in such cases
where the Bank considers appropriate including where such disclosure is permitted or
required by or under the law, circular or guideline or where the Bank is of the view
that the interests of the Bank require such disclosure or for furnishing such
information and documents for preparation publication and distribution of credit
reports and credit opinions relating to the Borrower to other person including banks
and financial institutions. The provisions of this clause shall survive even after the
term / termination of this Agreement and the repayment of all dues of the Borrower.
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b) In addition to the provisions of clause 24.a, the Borrower hereby agree as a
precondition of the Credit Facility given to the Borrower by the Bank that in case they
or any of them commits any breach of this Agreement or any default or delay in the
payment / repayment of the Credit Facility / dues or in the repayment of interest
thereon or the agreed installment of the Credit Facility on due date/s, the Bank and/or
the Reserve Bank of India (RBI) and/or such other agency 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 the Bank and/or RBI
and/or such other agency authorised by them in such manner and through such
media whether electronic or print as the Bank and/or RBI and/or such other agency
authorised by them in their absolute discretion may think fit. The Borrower also
further agree that such publication made by the Bank and/or RBI and/or such other
agency authorised by them will not be challenged by the Borrower on any ground
whatsoever nor shall the Bank or RBI or such other Agency authorised by them be
held liable and responsible for costs, damages or any other claim because of such
publication of Borrower photograph(s) and other details published as stated
hereinabove
c) The Borrower agrees and authorises Bank to share its personal / KYC (Know Your
Customer) details with Central KYC Registry and consents to receive information from
Central KYC Registry through SMS/Email on the registered number/email address.
25. Any information/communication given/made to the Borrower through post /
courier at the address last known to the Bank shall be treated as sufficient service on
the Borrower for all intent and purposes.
26. The Borrower hereby further covenants -
a) That the insurance policy purchased or proposed to be purchased by the Borrower
through the Bank, if any, will be purely his/her/their voluntary action and is not linked
to availment of any credit facility from the Bank. Any grievance, claim, query,
complaint or issue pertaining to insurance of policy would lie solely with the relevant
insurance company only, at its discretion and the decision of the insurance company
shall be final and binding in all such cases. The Bank has no role or risk participation
in this regard and therefore, the Bank shall not be responsible and liable in any
manner whatsoever.
b) The Bank will deduct the insurance premium (i.e. approved and accepted insurance
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not completed within a designated time, the premium remitted to insurance partner
will be refunded by the insurance partner and adjusted in the loan account and
further outstanding balance, if any, shall be claimed from the Borrower or if Credit
Facility is closed, the refund amount shall be paid to the Borrower through other
means like issuing of demand draft.
e) The Bank is a first loss payee and has a first claim on the proceeds of the insurance
policy and the Bank shall have a right to appropriate the amount payable by the
Borrower under the Credit Facility to the Bank; from the sum received from the
insurance company; in the event of death of the Borrower or happening of any of the
events as stipulated under the insurance policy and the balance amount after
appropriating the dues of the Bank shall be paid to the beneficiary/nominee
nominated by the Borrower.
f) That the Borrower shall pay all charges and taxes statutory or otherwise in respect of
the security. The Bank may also without being bound to do so, pay all such charges
and taxes at the cost of the Borrower, by debit to the Borrower's account(s).
g) That this Agreement is intended to and shall operate as a continuing security for all
dues, indebtedness and liabilities of the Borrower to the Bank at all times during the
subsistence of this Agreement notwithstanding-
i. The existence of a credit balance or 'Nil' balance in the Credit Facility accounts at any
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Banking Regulation Act, 1949 in the Borrower’s undertaking nor is any such relative a
guarantor of such Borrower’s undertaking.
29. Regulatory
declarations The Borrower
hereby declares to the
Bank as follows:
a) Where the Borrower is an individual/proprietor(s), none of the Directors of the Bank or
their Relatives is his/her business partner or guarantor; (ii) where the Borrower is a
partnership firm, none of the Directors of the 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 the 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 the Bank; (ii) where the Borrower is a partnership firm,
none of the partners is a Relative of any Specified Senior Officer of the Bank and none
of the Specified Senior Officer of the 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 the Bank and none Specified Senior Officer of the 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 the 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 the 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
f) Wherever used in this clause the following terms have the following meanings:
i. “Directors of the 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).
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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 the Bank.
v. “Substantial interest” shall have the same meaning assigned to it in Section 5(ne) of the
(d) The Installment/s is/are not adequate to cover interest payments in full; or
The Borrower agrees and undertakes to forthwith issue fresh Post Dated Cheques, fresh standing instructions or
fresh instructions for ECS or any other payment instructions as the case may be.
31. Penal Charges
If on any Due Date(s), payment of the Loan Balance or any part thereof is not made, the unpaid amounts shall
carry charges at the rate specified in Schedule herein (”Penal Charges") and shall be computed from the
respective Due Date/s for payment and shall become payable upon the footing of compound interest with
monthly / quarterly / half yearly / yearly (please strike whichever is not applicable) or other rests as prescribed
by the Bank from time to time as per the extant guidelines of the Bank in line with applicable RBI guidelines
at the rate as mentioned in the Schedule hereunder. The Borrower shall be liable to pay Collection Charges of
an amount equivalent to one third of the penal charges and cheque dishonour charges.
32. Post Dated Cheque(s)
a. The Borrower shall, if so required by the Bank, deliver Post Dated Cheques (PDC) to
the Bank for the due payment of the installments. Such cheques shall be deemed to
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have been given for adequate consideration already received by the Borrower and
shall not absolve the Borrower from its/their liability to pay any sums hereunder until
the cheque is duly realized. The number of cheques for the due repayments shall be
as may be specified by the Bank.
b. The Borrower shall maintain adequate balance for realisation of the cheques on their
due dates for payment. It is expressly agreed and understood that the Borrower shall
at no time close the bank account/s from which the said cheques have been issued or
issue any communication to the Bank or their/its bank for stopping or postponing the
presentment of the said cheques, and the Bank and/or the bank on whom the
cheques are drawn is /are not bound to take notice of any such communication and
which, if issued, will be regarded as a breach of this Agreement and any such act of
the Borrower shall be deemed to have committed with an intention to cheat the Bank
and avoid prosecution under the Negotiable Instruments Act, 1881, and the Bank
shall be entitled to initiate appropriate criminal proceedings against the Borrower. The
Borrower agree/s that if any other amounts is / are outstanding for payment by the
Borrower (which may or may not be the Loan Balance) including on account of the
indebtedness, the Bank shall be entitled to encash the cheques deposited with it for
the satisfaction of such outstanding amounts not withstanding that the cheques have
been deposited by the Borrower with the Bank and/or its/their bank pursuant to this
Agreement; and the Borrower shall continue to be indebted to the Bank for the
Installments / Loan Balance, as the case may be.
c. In the event of any cheque being dishonoured, the Borrower shall be required to pay
the Cheque Dishonour Charges of the amount specified in the Schedule herein for
every such dishonour.
d. If the Borrower at any time wish to replace a cheque with another then the Borrower
will be required to pay the Swap Charges specified in the Schedule herein for every
cheque replaced.
e. In the event the Borrower request the Bank, and the Bank agrees to, waive the
requirement of Post Dated Cheques, the Borrower, as the case may be, shall pay the
Loan Balance and every part thereof on the concerned Due Dates at the place as
desired by the Bank. The Borrower further undertake that, if the Bank has to collect
such amounts, the Borrower shall pay the Collection Charges as mentioned in the
Schedule herein for every such Installment or other amount collected by the Bank.
33. Pre–Payment
a.The Borrower shall be entitled to prepay the whole or any portion of the Loan balance
subject to the following conditions being fulfilled and not otherwise: (i) the interest on
the prepaid amount till the date of prepayment also being paid in full simultaneously
with such prepayment, (ii) the Borrower paying the Pre-Payment charges mentioned
in the Schedule herein, and (iii) the Borrower, have complied with such other
conditions as the Bank may from time to time prescribe in relation to Pre- Payment.
b. In the event of such Pre-Payment, the Installments shall be modified by the Bank in
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Bank's right to recall the Loan/ Loan balance and to demand immediate payment of the Loan Balance. Upon
the expiry of the period of notice, the Loan Balance shall stand immediately payable / repayable to the Bank.
35. Cross Default
The Borrower agrees and confirms that the Bank may at its sole and absolute discretion appropriate any
payments made by the Borrower under or pursuant to this Agreement towards any other agreement or
transaction entered into by the Borrower and towards any other indebtedness and such appropriation shall be
final and binding upon the Borrower who shall continue to remain liable to the Bank for payment of dues
under this Agreement in respect of which such sums of money were so paid but were appropriated towards
another agreement or transaction entered into by the Borrower or towards any other indebtedness. In addition,
notwithstanding the repayment of the Loan balance, the Borrower hereby expressly and irrevocably
authorize/s the Bank to take possession of, sell, transfer and/or otherwise dispose of any and all security
created in favour of the Bank (any Affiliate or group Company of the Bank) under any other agreement
entered into and between the Borrower and the Bank or any Affiliate or group Company of the Bank (whether
in relation to the Credit Facility or otherwise) or any other security documents or security deposited with the
Bank or under the possession or control of the Bank and appropriate the same towards payment and/or
satisfaction of the Loan Balance and/or any amounts due to the Bank or Affiliate or group Company of the
Bank on account of another agreement or transaction entered into by the Borrower or on amount of the
indebtedness of the Borrower. The provisions of this Agreement and any security document executed pursuant
to this Agreement shall apply mutatis mutandis to the manner of disposal of security and appropriation under
this clause.
36. Cross Security
In the event the Borrower commits any default under this Agreement, and the Borrower is entitled to or has
availed of any other credit or other facility from the Bank then, notwithstanding anything contained in any
other agreement or other document executed by the Borrower, the Bank shall be entitled (but not obliged) to
utilise and appropriate the credit balance and/or any unutilised/ undrawn portion of such facility towards the
repayment of the Loan balance or any part thereof (notwithstanding that such facility may already be in debit
and/or such utilisation may create or increase the debit balance) and the Bank shall be entitled to utilise any
repayment made by the Borrower of any other loan/credit/loan facility towards the repayment of the Loan
balance or any part thereof.
37. Assignment
The Bank shall be at liberty to assign the debt and the benefits of these presents and all the security for the
Credit Facility and the security documents to the refinancing agency/ participating banks/ financial Institutions
as security for any refinance, obtained by the Bank from the refinancing agency/ participating bank in respect
of the loan advance / agreed to be advanced by the Bank to the Borrower and the Borrower shall, if and when
required by the Bank to do so, do and execute and join in doing or executing all such acts, things, deeds,
documents or assurances as the Bank may require for the effectuation of such assignment.
38. The Borrower acknowledges and accepts that the rates of interest, penal charges
and all other amounts payable under this Agreement are reasonable and the rates of
penal charges represent genuine pre-estimates of loss expected to be incurred by the
Bank due to non-payment of dues by the Borrower. The Borrower acknowledges and
accepts that the Loan is a commercial transaction and specifically waives any defence
under usury or other laws relating to or restricting the same.
39. In case the Bank has granted any concessions or extended any benefit to the
Borrower towards the Loan balance payable by the Borrower, the Bank shall be entitled
to appropriate/adjust any amounts or securities of the Borrower lying with the Bank or
that may subsequently come into the possession of the Bank from time to time or at
any time, towards such Loan Balance against the concessions / benefits so accorded by
the Bank to the Borrower. The Borrower agrees and confirms of the amounts payable by
them in terms of this Agreement under various heads towards diverse costs and
charges and he/she/they is/are aware that all amounts so paid by them shall be treated
13
by the Bank as conclusive payments by the Borrower towards those respective costs
and charges. The Borrower agrees that if at any time it is discovered that there are any
amounts due to the Bank for which credit was erroneously passed by the Bank, then
notwithstanding any NOC that may have been issued by the Bank the Bank shall be
entitled to claim such amounts from the Borrower and the Borrower shall make such
payment on a demand by the Bank to that effect.
40. The Bank may, at any time and from time to time, in its discretion, by written
notice require the Borrower to furnish such additional security as the Bank may deem
appropriate and, the Borrower undertake/s to furnish the same to the Bank within 7
(seven) days of receipt of such notice.
41. The Borrower declares, assures, warrants, covenants and agrees during the
subsistence of this Agreement, shall promptly inform the Bank if any of the Assets
is/are stolen, burnt, damaged or any distress or other proceeding is initiated against the
moveable assets / security and shall promptly and immediately take all necessary steps
to make good to the Bank.
42. The Borrower is aware of and has understood the method by which interest has
been computed and included in the Installments. The liability of the Borrower to repay
the Loan Balance and all other amounts payable under this Agreement and for
performance of the Borrower's obligations under this Agreement shall be joint and
several.
43. Nothing herein shall operate to prejudice the Bank’s rights or remedies in respect
of any present or future security, guarantee, obligation or decree for any indebtedness
or liability of the Borrower to the Bank.
44. The Borrower hereby give their consent for the Credit Facility/ loan balance being
recovered as public money in terms of any legislation relating to recoveries thereof,
where such consent is necessary.
45. The Bank at its sole discretion shall be entitled to adjust, settle or compromise in
any manner whatsoever at the Borrower’s cost any dispute arising under or in
connection with any such policy of insurance and such adjustment, settlement and
compromises shall be valid and binding on the Borrower.
46. GRIEVANCE REDRESSAL:
In case of any grievance(s) (including without limitation concerns about staff behavior, products and/or services
purchased), the Borrower may reach out to Bank for complaint redressal at
https://www.dcbbank.com/cms/showpage/page/complaint-redressal-form.
The Borrower hereby confirms, acknowledges and agrees that the online acceptance of this Agreement
including any addendums hereto through the Website or such other internet or web based means results in a
binding contract between the Borrower and the Bank.
47. Non Diversion / Siphoning off Funds
The Borrower shall not “divert” or “siphon off” the amounts sanctioned under the Credit Facility or used for
any other purposes other than the purpose for which it was sanctioned as per details submitted to the Bank. If
required by the Bank, the Borrower shall obtain a specific certification in the manner acceptable to the Bank
from Chartered Accountants/ Auditors regarding the end use of the Fund/ the Credit Facility by the Borrower.
However, if the Bank so desires, the Bank shall be within its rights to get the Borrower’s accounts audited by
any of a Chartered Accountant/s or any other authorized agency/ies to verify diversion/ siphoning of funds, if
any, at the costs and expenses of the Borrower. The Borrower shall allow the Bank’s Chartered Accountant/s or
any agency/ies to office/s branch office/s and to all records, banking accounts/ vouchers/ bills of the Borrower
and furnish whatever information/ records required by them for the said purpose. The Borrower is aware that
for the purpose of this Agreement words “diverted” or “diversion” or “diversion of funds” would be construed
to include any of the under noted occurrences:-
14
a.utilisation of short term working capital funds for long term purposes not in conformity
with the terms of sanction;
b. deploying the Credit Facility/ borrowed funds for purposes/ activities or creation of assets
other than those for which the Credit Facility/ loan was sanctioned;
c. transferring funds to the subsidiaries/ group companies or other corporate by whatever
modalities;
d. routing of funds through any other bank other than the Borrower’s bank or members of
15
amount due to the bank under any credit facility is overdue if it is not paid on the due
date fixed by the bank) OR outstanding balance remains continuously in excess of the
sanctioned limit or drawing power, whichever is lower, for a period of more than 30
days;
The Borrower understands and acknowledges that Stressed Assets are classified as Special Mention
Account (SMA) and Non-Performing Asset (NPA). Illustration:
Classification of Asserts as Special Mention Account (SMA) and Non-Performing Asset (NPA) of stressed loan
account due to default in repayment:
* Please mention the local language in which the agreement has been translated and explained to the Borrower.
16
symptoms mentioned in the financial statements. For example, the following are some of the features of early
warning signals that may be noticed in the accounts:
1. Delay in submission of stock statement/ other control statements/ financial statements.
5. Poor financial performance in terms of declining sales and profits, cash losses, net
fully serviced fully within 90 days from the end of the quarter.
• A working capital borrowal account will become NPA, if such irregular drawings are
permitted in the account for a continuous period of 90 days even though the unit may
be working or the borrower’s financial position is satisfactory. For avoidance of doubt,
the outstanding in the account based on drawing power calculated from stock
statements older than three months would be deemed as irregular.
• Where the account indicates inherent weakness on the basis of data available, such as
contract will be treated as NPA, if these remain unpaid for 90 days or more
• In case the overdues arising from forwards contracts and plain vanilla swaps and options
become NPA,
17
• Where the remittances by the borrower under consortium lending arrangements are
pooled with one bank and/or where the bank receiving remittances is not parting with
the share of other banks, the account will be treated as not serviced in the books of
the other member banks and therefore be treated as NPA,
• Erosion in the value of security can be reckoned as significant when the realizable
value of the security is less than 50% of the value assessed by the Bank or accepted
by RBI at the time of last inspection, as the case may be.
• Credit facilities backed by guarantee of the Central Government though overdue may
be treated as NPA only when the Government repudiates its guarantee when invoked.
• During any time before Date of Commencement of Commercial Operations (DCCO)
overdue as per record of recovery (90 days overdue); in respect of project finance,
• In cases where DCCO is extended beyond the period of two years and further for a
period upto two years or one year from the date of revision of DCCO; as the case may
be and funding of cost overruns does not comply with the thresholds/conditions
applicable to restructuriing of the loan.
1 2 3 4 5 6 7
01/04/202 01/05/20 31/05/202 30/06/2020 – 01/07/20 02/07/20 03/07/202
0 20 0 NPA 21 22 4
SMA 0 SMA 1 SMA 2 or Sub standard D1 D2 D3
IN WITNESS WHEREOF the Borrower has/have set his/their hand(s) to these presents on this the day and year
stated hereunder.
18
Place:Itki
Date :2025-01-22T18:25:42.0338
19
SCHEDULE
*Interest will be charged at monthly rests and to be paid as and when due.
Note: Repayment schedule may vary depending upon the disbursal date or variation in applicable Rate of Interest
from time or modification in tenor of the loan or increase or decrease of EMI amount.
For DCB Bank Limited
Authorised Signatory
The Borrower(s) undertakes to agree and abide by the repayment schedule that may be varied from time to time.
I understand that by clicking “I accept”; I electronically submit the Application Form and sign and accept this
Loan Agreement including the Sanction Letter and agree to be legally bound by its terms and conditions. I
understand that acceptance of this Loan Agreement as above shall constitute my irrevocable consent to be
bound by all the terms and conditions set out in the Loan Agreement and that this Loan Agreement (along with
the Sanction Letter) have been duly read and fully understood and accepted by me.
Applicant
Sunanda Raghusing Dhumale
Co-
Applicant 1
Co-
Applicant 2
Co-
Applicant 3
Date:2025-01-22T18:25:42.0338