Professional Documents
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2. By virtue this letter of subrogation, we hereby subrogate to you all our rights and remedies (to the
extent provided by law) against the aforesaid transporter, and/ or any other person or persons
whoever is liable in respect thereof.
3. We hereby state and guarantee to you that we are the persons entitled to enforce the terms of
contract of transportation set forth in the goods receipt issued by the aforesaid transporter, and/ or
any other document of title evidencing the contract of transportation or bailment relating to and
covering the property described above for transportation or bailment and agree to indemnify you for
all and any losses and consequences, should it turn out that we are not the persons to enforce the
terms of the contract of transportation.
4. We hereby subrogate to you the same rights and remedies as we have in consequence of or
arising from loss/ damage to the aforesaid consignment, and we further hereby grant to you full
power to take and use all lawful ways and means to recover the said loss/ damage from the
aforesaid transporter or any other person whomsoever.
5. We also hereby authorise you to use our name in any suit, complaints, action or proceedings that
you may initiate or institute jointly in our name and yours in relation to any of the matters hereby
subrogated to you, in the courts/ tribunals and/ or before any other Authority at Delhi as per
jurisdiction stated in the consignment note No. 14278 dated 30-08-2023. issued by the aforesaid
transporter, and/ or at any other place whatsoever, and we undertake for ourselves to assist and
concur in any matters or proceedings which you may deem expedient or necessary in any such
suits, complaints, actions or proceedings and to execute all deeds and/ or documents including any
and all pleadings and releases which may be necessary therefore and generally to assist therein
by all means in our power.
6. We hereby appoint you, your officers and agents and their successors, severally, as our agents
and attorneys in fact with irrevocable power to receive or collect any and all such claims and to
initiate, prosecute, compromise, arbitrate or withdraw at your expense of any and all legal
proceedings which you may deem necessary to enforce such claim including proceeding before
any arbitral tribunal, mediation or conciliation proceeding, and to execute in our name documents
which may be necessary to carry into effect the purpose of this agreement.
7. In pursuance of the powers hereby conferred on you by way of subrogation of our rights of
recovery against the transporter in your favour, as also the power of attorney granted in your favour
to act for us, in our name and on our behalf in that regard, we authorize you to do all acts, deeds,
and things as may lawfully be required to be done in that regard, and in particular -
ii) to sign, declare, verify and present to courts, tribunals, etc. plaints, complaints, petitioners,
affidavits, applications, affidavits, statements etc. with regard to such suit or proceedings;
iv) to negotiate, settle, submit to conciliation, mediation or arbitration and to enter into
compromise, any matter or thing relating thereto;
vii) to file application for execution of decree or judgement or order that may be passed in the
said suit, complaint or other proceeding, and to verify such application, submit affidavit in
support thereof, etc.;
viii) to file appeal, revision, review etc., and to appear before the concerned courts, arbitral
tribunal etc.;
ix) to settle and adjust the claim if necessary, and to give valid discharges and effectual
receipts;
x) to deposit in or withdraw from courts of law any money in relation to any proceedings
before it;
xi) to receive moneys due to us under the suit and/ or decree or decision, from the aforesaid
carrier and/ or any other transporter or bailee or from any person whatsoever.
xii) to delegate any or all of the powers hereby conferred to any other person or persons who
may be deemed fit by our said Attorney and to appoint any such person as substituted
attorney to act for and on our behalf.
8. We further undertake if called upon by you, do so ourselves, to institute any such action or
proceedings that you direct on your behalf, it being understood that you are to indemnify us and
any other persons whose names may necessarily be used, against any costs, charges, or
expenses which may be incurred in respect of any action or proceeding that may be taken by virtue
of this agreement.
9. The payment receipted for herein is accepted with the understanding that the said payment shall
not enure to the benefit of any carrier or bailee under the provisions of any contract of carriage or
otherwise : that in making the said payment the underwriter does not waive any rights of
subrogation or otherwise against any carrier or bailee, and acceptance of this receipt shall not
prejudice or take away any rights or remedies which the said underwriter would otherwise have by
virtue of such payment.
10. We further agree that any monies collected or received from any carriers, authorities or any person
or persons, shall be your property to the extent of the amount paid by you to us as mentioned in
clause 1 by virtue of your having indemnified us to the extent of the said specified amount, as also
interest and cost. If any amounts are received in the first instance by us, we undertake to make
over to you immediately the amounts so received to the extent of the amount (including interest
and cost) paid by you to us as per clause 1 above.
In witness whereof we have set our hands and seal to this deed on this the ______ day of ……Month……..
Contd.---- 4 ----
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in the presence of
WITNESSES :
1.
2.
Notary Public