Professional Documents
Culture Documents
BETWEEN
Mrs. Amudha W/o Mr. Late K. Rangasamy aged about 57 years residing at
No.24A/45, Ellai Muthamman Koil Street, Pazhavanthangal, Chennai - 600 114
(hereinafter referred to as "the LENDER") which expression shall wherever the
context so requires or admits, mean and include his legal heirs, executors,
administrators and assigns of the ONE PART.
AND
Mrs. Kasthuri W/o Mr. Late R. Munirathinam aged about 53 years, residing at No.
25/47, Ellai Muthamman Koil Street, Pazhavanthangal, Chennai - 600 114(hereinafter
referred to as "the Borrower ") which expression shall, unless repugnant to the
subject or context thereof include its successors and assigns of the SECOND PART;
Lender 1 Borrower
A. WHEREAS the Borrower has borrowed from the Lender/s Husband Mr. Late K.
Rangasamy when he was alive, a total sum of Rs.5,50,000/- (Rupees Five Lakh Fifty
Thousand Only) in cash for the marriage expenses of her daughter Mrs. Gayathri.
I. WHEREAS the Lender after the death of her husband approached the borrower
and insisted for the repayment of the borrowed money and in due course of it the
borrower has agreed for the repayment of the same on the Terms and Conditions
hereinafter contained;
1. Loan Amount:
Lender agrees that the principle total sum of Rs.5,50,000/- (Rupees Five Lakh Fifty
Thousand Only) in cash for without interest and in accordance to it the amount has
been transferred on the following dates.
I. Rs.5,30,000/- (Rupees Five Lakh Thirty Thousand only) on 4th June 2016 and,
II. Rs. 20,000/- (Rupees Twenty Thousand Only) on 23rd June 2016.
Since the date of this agreement the borrower paid the sum of Rs.1,40,000/- (Rupees
One Lakh Forty Thousand Only) regularly and the remaining payment of
Rs.4,10,000/- shall be paid in accordance with the terms set forth below.
2. Repayment of Loan.
The Loan together with any charges, costs and expenses, is due and payable on or
before 6th day of February 2021. The remaining loan amount of Rs.4,10,000/- (Rupees
Four Lakh Ten Thousand) shall be paid within the 31 st December 2023 regularly
every month as an installment basis on or before 5 th to 10th day of every calender
month of Rs.5,000/- or Rs.10,000/- or any such higher amount based on the
convenience of the borrower.
If the monthly installment is not been paid regularly on the due dates the lender shall
charge a interest of 10% per month on the unpaid installment until the amount is
paid by the borrower as a late payment charges.
3. Security:
Lender 2 Borrower
The loan is secured by collateral. Borrower agrees that until the Loan is paid in full,
the Loan will be secured by the ad-measuring land and building of 500 square feet
situated at No.25/47, Ellai Muthamman Koil street, Pazhavanthangal, Chennai - 600
114, and Borrower hereby grants to Lender a security interest in and to such
property.
4. Prepayment:
The Borrower shall prepay/foreclose any portion of the outstanding loan amount
either in part or full during the course of this agreement.
5. Event of Default:
The happening of the following events shall constitute an event of default (“Event of
Default”)
I. Any non-compliance by the borrower of the terms and conditions of this
agreement or any other agreement entered into in respect of this loan or any other
financial assistance availed of by the borrower from the lender;
II. Any breach of this agreement by the borrower;
III. Non adherence to the repayment schedule;
IV. Insolvency and inability of the borrower to repay their debts;
V. Any concealment of any material document or event by the borrower;
VI. Submission of any forged document by the borrower;
VII. Any other event which in the sole opinion of the lender would endanger the
repayment of the loan amount.
I. The entire loan amount shall immediately become due and payable, and the lender
shall have the right to recall the entire loan amount along with the late payment
charges (if any);
II. Lender shall be entitled to enforce the collateral security;
Lender 3 Borrower
III. Lender shall be entitled to proceed against and take any action against the
borrower in order to realize the loan amount along with charges and expenses(if
any);
IV. In addition to the rights specified in this agreement, the lender shall be entitled to
take all or any action with or without intervention of the courts to recover the monies
due and payable by the borrower under this agreement.
V. Notwithstanding any other rights available to the lender under this agreement,
the lender shall be entitled to initiate criminal proceedings or any other appropriate
actions against the borrower if at any time the lender at its sole discretion has
sufficient grounds to believe that the borrower has/have made any
misrepresentations and/or submitted any forged documents or fabricated data to the
lender.
VI. All rights and powers conferred on the lender under this agreement shall be in
addition and supplemental to any rights the lender has as a creditor against the
borrower under any law for the time being in force and security documents and shall
not be in derogation thereof.
Lender 4 Borrower
creditor, and the borrower hereby expressly waives any right to seek or make any
such claim or recovery on any grounds whatsoever.
Any dispute, difference or question, issues arising out of this agreement including
matters pertaining to the validity, enforce-ability of the terms of the agreement shall
be referred to the Arbitration of a single Arbitrator to be appointed by Kovise
Foundation Conflict Resolution International (KFCRI) on the request of either of the
parties.
The award of the Arbitration shall be final and binding on the parties. The
Arbitration proceedings shall take place at Chennai and shall be governed by the
Arbitration and Conciliation Act, 1996 and the rules appended thereto or any
statutory modification or amendment thereof for the time being in force and this
arbitration shall be held in English Language. Each party shall bear its own cost of
Arbitration.
The proceedings shall be held at Chennai and conducted in the English language.
The Courts in Chennai shall alone have jurisdiction with regard to this Lease.
11. Waiver:
Lender 5 Borrower
The lender’s failure to exercise or delay in exercising any right, power, privilege or
remedy under the agreement will not operate as a waiver or acquiescence, nor will
any single or partial exercise of any right, power, privilege or remedy prevent any
further or exercise of any other right, power, privilege or remedy.
12. Severability:
13. General:
15. Notice:
Mrs. Amudha W/o Late K. Rangasamy Mrs. Kasthuri W/o Mr. Late R.
No.24A/45, Ellai Muthamman Koil Munirathinam
Street, Pazhavanthangal, Chennai - 600
Lender 6 Borrower
114 No. 25/47, Ellai Muthamman Koil
Street, Pazhavanthangal, Chennai - 600
114
IN WITNESS WHEREOF THE LENDER AND THE BORROWER HAVE SET THEIR
RESPECTIVE HANDS ON THIS AGREEMENT ON THE DATE, MONTH AND YEAR FIRST
ABOVE MENTIONED, IN THE PRESENCE OF:
Witnesses : 1. 2.
Lender 7 Borrower