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SUPPLEMENTAL MEMORANDUM OF DEPOSIT OF TITLE DEEDS

THIS SUPPLEMENTAL MEMORANDUM OF DEPOSIT OF TITLE DEEDS is


executed at TIRUPUR on this ____________________ by
I, R VISHAL KUMAR [PAN: ADNPV0591R & Mob. No. 9344441023], son of Shri
Rakesh KumaR aged 48 years residing at Old No.49, New No:90,
Thaimoogambigai Nagar, Sirupooluvapatty, Tiruppur, Tamil Nadu – 641603;
which term shall wherever the context mean and include her heirs, executors,
administrators, legal representative and assigns, as the case may be);
(hereinafter referred to as “the Mortgagor”),

AND IN FAVOUR OF

SMALL INDUSTRIES DEVELOPMENT BANK OF INDIA, a corporation


established under the Small Industries Development Bank of India Act 1989 [Act
No.39 of 1989] having its Head Office at SIDBI TOWER, 15, Ashok Marg, Lucknow
226 001 and a branch office, among other places, at 1st Floor, KSN Complex, Door
No. 74, JG Nagar 2nd Street, 60 Feet Road, Tirupur - 641 602., hereinafter
referred to as the LENDER.

WHEREAS the LENDER has extended aggregate financial assistance of Rs.407.36


lakh (Rupees Four Crore Seven Lakh and Thirty Six Thousand Only) comprising
previous financial assistance including term loans of Rs 116 lakh under TUFS-Direct
Credit Scheme, Rs 50 lakh under Privileged Customer Scheme, Rs. 42 lakh
under Privileged Customer Scheme, Rs 82 lakh under SMILE Scheme and
Working Capital Term Loan of Rs 21.96 lakh under TWARIT ECLGS 1.0 Scheme,
working capital limit of Rs 50 lakh under SIDBI-IDBI Working Capital Arrangement
and Bank Guarantee of Rs 3.40 lakh, Bank Guarantee of Rs 4 lakh and a fresh
sanction of Rs. 38.00 lakh under Premium Customer under Privilege Customers
Scheme (PCS Premium) (“The Loan) to Vishal Label & Company, a proprietorship
concern having its Registered Office at 18-A, Govindammal Layout, Asher Nagar,
3rd Street, Tirupur, Tamil Nadu - 641603 (hereinafter referred to as the
BORROWER)

The Mortgagor has already deposited on 08.01.2008 the following documents of title
in Schedule-I hereto relating to the property mentioned in Schedule-II with SIDBI with
the intent to create equitable mortgage by way of deposit of title deeds in favour of
SIDBI for the purpose of securing repayment to SIDBI of all the credit facilities
advanced and / or to be advanced to M/s. Vishal Label and Company, a sole
proprietary concern, carrying on business at No.18-A, Govindammal Layout, Asher
Nagar 3rd Street, Gandhi Nagar Post, Tirupur – 641603, hereinafter referred to as
the “borrower”, as per details given below.

WHEREAS towards security for the prompt repayment of the loan amount together
with the interest accrued thereon by the BORROWER, the MORTGAGOR has
already deposited with the LENDER at Tirupur Branch Office, title documents of the
schedule mentioned properties as per details given below sanctioned by the
Lender to the BORROWER with the intention to create mortgage in favour of the
LENDER;

1
Name of the Charge Loan Scheme Date
charge Amount
holder (Rs.
Lakh)
Small First charge/ Extension of first 116 TUFS 08.01.2008
Industries charge by way of mortgage by
Development deposit of title deeds/
50 Working
Bank Of India constructive delivery in respect of
Capital
(hereinafter the immovable properties
referred to as mentioned in the Schedule to 3.40 BG
“SIDBI”) secure the due repayment and
discharge by Vishal Label and 4.00 BG 16.09.2008
Company, a sole proprietary
concern, having its office at 18-A,
Govindammal Layout, Asher 50 PCS 27.12.2013
Nagar, 3rd Street, Gandhinagar 42 PCS 15.03.2017
Post, Tirupur - 641603 (hereinafter
referred to as “the borrower”) 82 TUFS/ 01.03.2019
SMILE
21.96 TWARIT 16.10.2020
1.0

Details of registration of charge with SRO on the above credit facilities are
given below:

S.No. Credit Facility Details of registration of charge with SRO


(Amount in Rs. Lakh)
1. 116 Document no.156/2008 at SRO Joint SRO II
2. 50 Tirupur registered on 10/01/2008.
3. 3.40
4. 4.00 Entry No.286 dated 17.09.2008
5. 50 Entry No.555 dated 30.12.2013
6. 42 Document no.1705/2017 at SRO Avinasi
registered on 23/03/2017.
7. 82 Document no.4113/2019 at SRO Avinasi
registered on 15/03/2019.
8. 21.96 Document no.958/2021 at SRO Avinasi
registered on 25/01/2021.

WHEREAS THE MORTGAGOR do hereby declare that the schedule mentioned


properties are free from all encumbrances and claims whatsoever and as such the
MORTGAGOR is fully empowered and competent to deal with the schedule
mentioned property and thus the mortgage created by the MORTGAGOR in favour of
the LENDER) are valid.

2
WHEREAS the said MORTGAGOR do hereby declare that all the schedules
mentioned properties are, save and except the charges mentioned hereinabove, free
from all encumbrances and claims whatsoever and as such the said MORTGAGOR
is fully empowered and competent to deal with the schedule mentioned properties
and thus the equitable mortgage has now created by deposit of title deeds by way of
constructive delivery on 29.11.2022 by the said MORTGAGOR in favor of the said
LENDER to secure the due repayment and discharge of the said loan amount of
Rs.38.00 lakh (Rupees Thirty Eight Lakh Only) sanctioned by the LENDER
together with interest, further interest, penal interest, costs, charges, expenses and
all other monies payable under the Said Loan Agreement(s) / Letter(s) of Intent /
terms of sanction as amended from time to time by the SAID LENDER. Mortgage
created by the said MORTGAGOR are valid, subsisting and binding on them and by
those persons claiming through the said MORTGAGOR in respect of the scheduled
mentioned properties. Save and except the charges mentioned hereinabove, no
charge has been created over the properties.

WHEREAS the MORTGAGOR do hereby declare that the mortgage by way of


deposit of title deeds created in favor of the LENDER over the scheduled mentioned
properties shall be a continuing one and shall hold good till the BORROWER
discharges its liability to the SAID LENDER in full;

WHEREAS the MORTGAGOR herein have guaranteed the prompt repayment of the
said loan amount together with the interest accrued thereon by the said
BORROWER;

NOW THIS MEMORANDUM OF DEPOSIT OF TITLE DEEDS WITNESSETH


AS FOLLOWS:-

The list of deeds / documents / writings deposited by way of constructive delivery by


the Mortgagor with the LENDER on 29.11.2022 with an intention to create equitable
mortgage towards security for the prompt repayment of loan amount together with the
interest accrued thereon by the BORROWER are as follows:

3
SCHEDULE-I

(List of documents of title, evidences, deeds and writings deposited by the


Mortgagor)

Sl.No. Date of Document Douments scrutinised by the Advocate Type of document


to be obtained for
creation of
mortgage
1 05.10.1959 Partition deed among Avanashi Gounder, Xerox copy of
Rayappa Gounder, Murugappa Gounder, the certified
Nataraja Gounder and Meenakshiammal copy
registered as document No. 2063/1959
2 01.07.1987 Sale deed in favour of Smt. Savita Bhardwaj by Original
Rayappa Gounder, Nataraj, Muthathal,
Balasubramanian and Meenakshiammal
registered as document No. 811/1987
3 01.07.1987 Sale deed in favour of Shri Rakesh Kumar Original
Bhardwaj by Rayappa Gounder, Nataraj,
Muthathal, Balasubramanian and
Meenakshiammal registered as document No.
812/1987
4 03.04.2006 Settlement deed in favour of Shri R Vishal Original
Kumar Bhardwaj by Smt. Savita Bhardwaj and
Shri Rakesh Kumar Bhardwaj registered as
document No. 3196/2006
5 01.10.2007 Computerised copy of Patta No. 862 Original

6 Patta pass book standing in the name of Shri R Original


Vishal Kumar Bhardwaj
7 01.10.2007 Adangal extract for the fasli year 1416 issued True copy
by the Village Administrative Office, Palangarai
Village
8 01.10.2007 Ownership certificate issued by the Village Original
Administrative Officer, Palangarai Village
9 02.01.2008 Letter issued by the Manager, Punjab and Sind Original
Bank, tirupur regarding the handing over of the
original title deeds
10 03.01.2008 Letter issued by the Manager, Punjab and Sind Original
Bank, Tirupur stating that the mortgage has
been discharged
11 03.10.2007 Encumberance certificate bearing No. Original
9440/2007 for the period from 01.01.1987 to
30.09.2007

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SCHEDULE-II

(Part A)
(Description of the entire immovable properties)

All those piece and parcel of land admeasuring about 45 cents of dry land
situated within Coimbatore Registration District, Avinashi Sub Registration District,
Avinashi Taluk, Palangarai Village and Panchayat, bearing SF No.242

South of the lands of Avanashi Gounder and others;


North of an extent of (45 cents) belonged to Shri Vishalkumar Bhardwaj
West of the lands belonged to Sennimalai Gounder and
East of the lands belonged to Avanashi Gounder

With the right to use the other mamool roads to reach the property

together with all building and structures thereon and plant and machinery attached to
earth or permanently fastened to anything attached to earth.

Part B
(Description of the entire immovable properties)

All those piece and parcel of land admeasuring about 45 cents of dry land
situated within Coimbatore Registration District, Avinashi Sub Registration District,
Avinashi Taluk, Palangarai Village and Panchayat, bearing SF No.242

North of the common Cart track;


South of an extent of 45 cents belonged to Shri Vishalkumar Bhardwaj
East of the lands belonged to Avanashi Gounder and
West of the lands belonged to Sennimalai Gounder

With the right to use the other mamool roads to reach the property

together with all building and structures thereon and plant and machinery attached to
earth or permanently fastened to anything attached to earth.

IN WITNESS WHEREOF THE MORTGAGOR HAS EXECUTED THIS


MEMORANDUM OF CONSTRUCTIVE DEPOSIT OF TITLE DEEDS ON THE DAY, MONTH
AND YEAR FIRST ABOVE WRITTEN IN THE PRESENCE OF FOLLOWING WITNESSES

R Vishal Kumar

WITNESSES:

1.

5
2.

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