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\ BANK GUARANTEE
10
‘H& PRESIDENT OF INDIA.
ING THROUGH, FA & CAO
SOWTH EASTERN RAILWAY/GRC
KKATA.WEST BENGAL-700043
Dear Sir,
Bank Guarantee No +: 04621GP 190060137
§ Amount of Guarantee + 330,71,134-
Guarantee cover from 1 07-Nov-2019 to 16-Oct-2021
fl Last date for lodgment of claim + 16-Oct-2022
sideration of the President of India acting through The FA & CAO,South Eastern Railway/GRC-
id }43 [hereinafier called “Phe said Government”) having agreed to exempt M/s. Johnson Lifts Private
ited, No.1, East Main Road, Anna Nagar, Westen Extension, Chennai -600101 [hereinafter called
said Contractor(s)”] from the demand under the terms and conditions of an Agreement made
between The President of india, Acting through The FA & CAO, South Eastem Railway/GRC-700043
andlivi/s Johnson Lifts Private Limited , No.1, East Main Road, Anna Nagar, Westem Extension, Chennai
a rth Be Ft eetcal work for ae of lfts(24nog,) Dadi wianibans Mas ions ete
- Gh iGay fowl
Authorised SignatoryKotak Mahindra Bank Lid.
Sr.No: BG 370040
2 |
Bank Guaran 14621GP190060137 Dated 07-Nov-2019 i
Kharagpur Division.” ” as per ER LoA No 1 14-Elect/OT/KGP/LOA/667/Lits(24Nos.)KGP div’ dated i
17" Oct 2019 for 24 Nos. Lift install at different over Kharagpur Div. (hereafter called “the said
‘agreement”) of retention Bank Guarantee for the due fulfilment by the said Contractor/s of the terms and
‘conditins contained in the said agreement ,on-production of Bank Guarantee for %30,71,134/- (Rupees
‘Thirty Lakh Seventy One Thousand One Hundred And Thirty Four Only), We, Kotak Mahindra
Bank Limited a company incorporated under the Companies Act, 1956 having its Registered
Office at 27BKC, C27, G Block, Bandra Kurla Complex (East) Mumbai ~ 40005{and amongst
other places branch at No.S107, H2, Second Avenue, Anna nagar Chennai -600040, [hereinafter
referred to as "The Bank’] at the request of M/s. Jonson Lifts Private Limited do hereby undertake to
pay to the Government an amount not exceeding %30,71,134/- (Rupees Thirty Lakh Seventy One
‘Thousand One Hundred And Thirty Four Only) against any loss or damage caused to or suffered or
‘would be caused to or suffered by the Government by reasons of any breach by the said Contractors) of
any of the terms or conditions contained in the said Agreement,
2. We, Kotak Mahindra Bank Limited do hereby undertake to pay the amount due and payable under this
Performance Guarantee without any demur, merely on a demand trom the Government stating that the
amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the
Government by reason of breach by the said Contractor(s) of any of the terms and conditions contained in
the said Agreement or by reason of the Contractor(s) failed to perform the said Agreement. Any such
‘demand made on the bank shall be conclusive as regards the amount due and payable by the Bank under
this guarantee. However, our liability under this Warranty Guarantee shall be restricted to an amount not
exceeding %30,71,134/- (Rupees Thirty Lakh Seventy One Thousand One Hundred And Thirty
Four Only).
3, We undertake to pay the Government any money so demanded not withstanding any dispute or
disputes raised by the Contractor(s)/Supplier(s) in any suite or proceeding pending before any court or
‘Tribunal relating thereto our liability under this present being absolute and unequivocal.
The payment so made by us under this Bond shall be a valid discharge of our liability for payment
thereunder and the Contractor (s) / Supplier (s) shall have no elaim against us for making such payment.
4, We, Kotak Mahindra Bank Limited further agreed that te Guarantee herein contained shall remain in
full force and effect during the period that would be taken for the performance of the said Agreement and
that it shall continue to be enforceable tll all the dues of the Government under or by virtue of the said
‘Agreement have been fully paid and its claims satisfied or discharged or till FA & CAOSouth Eastern
Railway/GRC-700043, ceitifies that the terms and conditions of the said Agreement have been fully and
properly carried out by the said Contractor(s) and accordingly discharges this guarantee. Unless a demand
or claim under this guarantee is made on us in writing on or before the aforesaid expiry date 16-Oct-2021.
‘we shall be discharged from all liability under this guarantee thereafter.
5. We, Kotak Mahindra Bank Limited further agree with the Government that the Government shall have
the fullest liberty without our consent and without affecting any manner our obligation hereunder to vary
any of the terms and conditions of the said Agreement or to extend time of performance by the said
Contractor(s) from time to time or to postpone for any time or from time to time any of the powers
exercisable by the Government against the said Contractor(s) and to forbear ar enforce any of the terms
and conditions relating to the said Agreement and we shall not be relieved from our liability by reason of
ex TST RRP AED Det wate a he sd Contrary Fi a AREA Ph
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Kezia Jennifer A 123344 ¢ fare
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Hae eta Bau Led oN Kotak Mahindra Bank binited
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Reislered Uo: 27BK0, C27, 6 Blok
www kolak.comKotak Mahindra Bank Ltd.
Sr.No: BG 370041,
QB)
Bank Guarantee No.04621GP190060137 Dated 07-Nov-2019
‘omission on the part of the Government or any indulgence by the Government to the said Contractor(s) or
any such matter or thing whatsoever which under the law relating to sureties would, but for this provision,
have effect of so relieving us,
6. This guarantee will not be discharged due to the charge in the constitution of the Bank or the
‘Contractor(s)/Supplier(s).
7. We, Kotale Mahindra Bank Limited lastly undertake not to revoke this Performance Guarantee during
its currency except with the previous consent of the Government in writing.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN:
i Our liability against this Guarantee shall not exceed €30,71,134/- (Rupees Thirty Lakh Seventy
‘One Thousand One Hundred And Thitty Four Only),
2, This guarantee shall be valid upto 16-Oct-2021
3. The beneficiary's right as well the Bank’s liability under this Guarantee shall stand extinguished
unless a written clain or demand is made under this Guarantee on ot before 16-Oct-2022,
Dated the 07" day of November 2019 for Kotak Mahindra Bank Limited
Executed This on 07" Day of Nov, 2019 at Chennai
For Kotak Mahindra Bank Ltd
anion : For Kotak Mahindra Bank Ltd.
‘Authorized Signatories, 2 road i
Bank Seal § diet J |
Kezia Jennifer ~ A 123346 j
Notak Mahindra Bank Limited aa
Trade Finance, Chennat Durgaprasad 6 «A 11156
Yotak idahindra Bank Limited
‘rade Finance, Chennai
ova Maina Bank Ld
CN LStTOMHi98sPLCNSa IST
Rogistred Ofeo: 278K0, C 27, 6 lock, Banda Kula Complex, Banca (E), Murnbi 8051 i
www.kotak.com