You are on page 1of 9

11.

MORTGAGE OF IMMOVABLE PROPERTY


Code No.10087
Joseph Beneraj Ragul
Attorney-at-Law & Notary Public,
No. 16A 1/1, Pereira Lane,
Colombo 06.
0777191803
raguljb@gmail.com

Notary No : 105461
Notary Code : Code No.10087
Land Registry : Colombo
Value : Rs.200,000
Stamp : Rs.200

Prior Registration: 56/59

MORTGAGE BOND
No.10
KNOW ALL MEN BY THESE PRESENTS THAT AMAR ARULANANTHAM (Holder
of National Identity Card No.9182934784 V) of No.4, Dias Place, Colombo 07 in the
Republic of Sri Lanka (hereinafter referred to as “the Obligor” which term or expression
as herein used shall where the context so requires or admits mean and include the said
AMAR ARULANANTHAM and his heirs executors and administrators) is held and firmly
bound unto SAMPATH BANK a banking corporation duly incorporated in Hong Kong SAR
and having its registered office at No.3, Union Place, Colombo 8 (hereinafter referred to
as “the Bank” which term or expression as herein used shall where the context so
requires or admits mean and include the said SAMPATH BANK and its successors and
assigns) in the sum of Two Million Rupees (Rs.2,000,000/-) of lawful money of Sri Lanka
to be paid to the Bank for which payment to be well and truly made the Obligor doth
hereby bind the Obligor firmly by these presents.

AND for securing to the Bank the due payment of all sums of money due owing
and payable to the Bank under by virtue or in respect of these presents.

FIRSTLY- the Obligor doth hereby specially mortgage and hypothecate to and
with the Bank as a primary mortgage free from all encumbrances the motor vehicle
particularly described in the Schedule hereto and all the accessories and tools
appurtenant thereto and all the estate right title interest property claim and demand
whatsoever of the Obligor in to out of or upon the same (which said motor vehicle and

1
the accessories and tools appurtenant thereto are together hereinafter referred to as “the
mortgaged motor vehicle”)

SECONDLY- the Obligor doth hereby cede assign set over and assure unto the
Bank by way of primary mortgage free from all encumbrances all and every the contracts
and contract of insurance already effected or which may hereafter from time to time be 2
effected in respect of the mortgaged motor vehicle and all sums of money which may be
recoverable or receivable thereunder and all the estate right title interest property claim
and demand whatsoever of the Obligor in to out of or upon the same (all of which
property FIRSTLY and SECONDLY above referred to and hereby mortgaged
hypothecated and assigned are together hereinafter referred to as “the mortgaged
property”)

AND for the better and more effectually enabling the Bank to exercise and enforce
the right of recovery of all moneys which shall become payable under the aforesaid
contracts and contract of insurance and for facilitating the realization thereof the Obligor
doth hereby irrevocably appoint the Bank and the Manager of the Bank and the
Accountant of the Bank jointly and each of them severally to be the attorneys and attorney
of the Obligor for and in the name of the Obligor or of the said attorneys or attorney to
ask demand sue for recover receive and give effectual receipts releases and discharges
for all moneys which shall become payable under the aforesaid contracts and contract of
insurance or any of them and to receive exercise and enjoy all benefits advantages rights
and privileges thereof and generally to do execute and perform all acts matters and things
which may be necessary or incidental to the property or which the said attorneys or
attorney may in their his or her absolute discretion think fit.

AND the Obligor doth hereby covenant and agree with the Bank as follows:

1. that the Obligor has good and legal right and full power and authority to mortgage
hypothecate and assign the mortgaged property in manner aforesaid and that the
same are the absolute property of and are at the full disposal of the Obligor and are
not subject to any seizure charge lien or encumbrance whatsoever and that the
Obligor shall and will at the request of the Bank but at the cost and expense of the
Obligor do and execute or cause to be done and executed all such further and other
acts deeds matters assurances and things for the more perfectly and effectually
assuring to the Bank by way of primary mortgage hypothecation and assignment the
mortgaged property and any part or portion thereof as by the Bank shall or may be
reasonably required.

2. that the Obligor shall and will well and substantially repair and keep and maintain in
proper order repair and condition the mortgaged motor vehicle and every part or
portion thereof and shall and will replace and renew all and every such part or portion
as shall have deteriorated or been rendered unserviceable by others of the same or
similar kind specification and value and shall and will suffer and permit the Manager
of the Bank or any person duly authorized by the manager of the Bank from time to

2
time to visit and inspect value check and verify at the cost and expense of the Obligor
the mortgaged motor vehicle at all hours in the day time.

3. that the Obligor shall and will regularly and punctually pay all licenses and other
duties charges premia outgoings and expenses whatsoever in respect of the
mortgaged motor vehicle and procure official receipts therefor and shall and will
whenever required to do so produce unto the Bank the said official receipts or any
other documents relative to or as proof of any such payments aforesaid.

4. that the Obligor shall and will regularly and punctually pay or cause to be paid all
rents rates taxes charges outgoings and expenses in respect of the premises where
the mortgaged motor vehicle shall for the time being be kept and procure official
receipts therefore and shall and will whenever required to do so forthwith deliver
unto the Bank the said official receipts or any other documents relative to or as proof
of any such payments aforesaid.

5. that the Obligor shall and will at all times at the Obligor's own cost expense and
charges insure and keep insured in the joint names of the Obligor as owner and the
Bank as mortgagee against theft and loss damage or destruction by accident fire
lightning explosion malicious agency riots and strikes and such other causes and
contingencies as the Bank may from time to time require and also against third party
risks in accordance with the provisions of the Motor Traffic Act (Cap. 203 of the
Legislative Enactments of Ceylon Revised Edition 1956) or any subsisting or future
statutory modification thereof or any other law for the time being in force the
mortgaged motor vehicle to the full insurable value thereof with such insurer as may
be approved by the Bank and shall and will deliver the policy or policies of such
insurance to the Bank and shall and will regularly and punctually pay all and every
the premia and premium or sums of money for the time being necessary for keeping
on foot the said policy or policies of insurance and shall and will whenever required
to do so by the Bank forthwith deliver the receipts for the same to the Bank and shall
and will observe and comply with all and singular the terms conditions and provisions
of such policy or policies of insurance.

6. that in case the mortgaged motor vehicle shall be stolen or destroyed or damaged by
accident fire lightning explosion malicious agency riots or strikes or any other cause
or contingency insured against then and in any such case and as often as the same
shall happen the Obligor shall immediately notify the Bank thereof and all such sum
or sums of money as shall be received or be recoverable by virtue of any such
insurance or insurances shall be paid by the Obligor to the Bank and shall be applied
by the Bank in or towards the discharge or part discharge of the moneys then due
owing and payable by the Obligor to the Bank under or in respect of these presents or
at the absolute discretion of the Bank be expended in reinstating or repairing the
mortgaged motor vehicle.

3
7. that the Obligor shall not and will not suffer the mortgaged property or any part or
portion thereof to be seized or taken in execution of any judgement or judgments
against the Obligor or under or in respect of any other claim or claims or proceedings
whatsoever.

8. that the Obligor shall not and will not sell donate mortgage let or howsoever alienate
encumber or dispose of or deal with or part with the possession of the mortgaged
motor vehicle or any part or portion thereof without the prior written consent of the
Manager of the Bank and any such sale donation mortgage letting alienation
encumbrance or disposition of or dealing with the mortgaged premises without such
prior written consent shall be null and void as against the Bank and shall and will if
and when a sale of the mortgaged motor vehicle or any part thereof is effected with
such prior written consent as aforesaid forthwith pay the 4 net proceeds of sale
thereof to the Bank to be applied in discharge or part discharge of the moneys then
due owing and payable by the Obligor to the Bank under or in respect of these
presents.

9. that the Obligor shall and will immediately on being called upon to do so deliver or
cause to be delivered to the Bank in accordance with such directions as may be given
by the Bank in that regard the mortgaged motor vehicle and all and every the
certificates and certificate of registration or such other documents or document
relating to the mortgaged motor vehicle.

10. that the Obligor shall and will duly comply with all the provisions of the Motor Traffic
Act and any subsisting or future statutory modification thereof and any other law for
the time being and from time to time in force relating to motor vehicles.

11. that the Obligor shall and will always from time to time duly and punctually pay all
sums payable by the Obligor by way of income tax or any other tax or impositions or
levies whatsoever and interest and penalties and all debts of whatsoever kind or
nature due from the Obligor to the Government of Sri Lanka and whenever required
to do so by the Bank shall and will forthwith deliver to the Bank the relative notices
of assessment issued by the appropriate department and the receipt or receipts
relative to or as proof of such payments.

12. .that the Obligor shall and will from time to time whenever and as often as required
to do so by the Bank forthwith and at the cost and expense of the Obligor give and
grant to the Bank such further and additional security as the Bank may require for the
due payment of all moneys due under or secured by these presents and duly execute
or cause to be executed all documents required by the Bank in that regard.

4
WHEREAS the Bank has lent and advanced to the Obligor TWO MILLION
RUPEES (RS.2,000,000/-) of lawful money aforesaid which said sum it has been agreed
should be secured by these presents and the mortgage hypothecation and assignment
hereby given and granted and repaid together with interest thereon at and after the rate
or rates and in the manner hereinafter mentioned.

NOW THE CONDITION of the above written bond or obligation is such that if the
Obligor shall and will on demand well and truly pay or cause to be repaid unto the Bank
in Colombo in the said Republic the said sum of TWO MILLION RUPEES (Rs.2,000,000/)
of lawful money aforesaid lent and advanced to the Obligor by the Bank or so much
thereof as shall for the time being remain unpaid and shall and will in the meantime and
until such repayment pay in Colombo aforesaid to the Bank interest on the aforesaid sum
or so much thereof as shall for the time being remain unpaid at the rate of Three percent
(3%) per annum or at such other or higher rate or rates as may be fixed or charged by the
Bank from time to time at its absolute discretion and to be computed from the date
hereof and payable monthly in Colombo aforesaid on the last day of each and every month
together with all costs and expenses herein mentioned and other charges according to
the usual course of business of the Bank and shall and will observe and perform all and
singular the covenants and 5 conditions in these presents contained and on the part of
the Obligor to be done observed and performed then the above written bond or obligation
shall be null and void but otherwise shall be and remain in full force and virtue.

AND it is hereby expressly agreed and declared as follows:

1. that if the Obligor shall fail or neglect duly to pay the cost of such visiting and
inspection as aforesaid or shall fail or neglect duly to pay the license and other duties
charges premia outgoings and expenses as aforesaid or to deliver to the Bank the
official receipts thereof as hereinbefore provided or if the Obligor shall fail or neglect
to keep the mortgaged motor vehicle insured as aforesaid or to deliver to the Bank
the Policy or Policies of Insurance or the receipts for premia as aforesaid or shall fail
or neglect duly to pay the rents rates taxes assessments and other outgoings or to
deliver to the Bank the official receipts thereof as hereinbefore provided or shall fail
or neglect to pay any other sums or sum of money payable in fulfilment of the
covenants herein contained then and in any such case it shall be lawful for but not
obligatory on the Bank to pay the cost of such visiting and inspection and all license
and other duties charges outgoings and expenses and all costs payments and expenses
for effecting or keeping on foot such insurances and all rents rates taxes and
assessments and other outgoings and such other sums or sum of money aforesaid and
the same together with interest thereon at the rate or rates hereinbefore provided
shall on demand be payable to the Bank by and be recoverable from the Obligor at
Colombo aforesaid and shall be charged specially upon the mortgaged property and
shall be covered by the mortgage hypothecation and assignment hereby given and
granted or expressed or intended so to be.

5
2. that the acceptance by the Bank of the security created and effected by these presents
shall in no way or manner prejudice or affect any lien to which the Bank is by law
entitled or any other securities which the Bank already holds or may at any time and
from time to time hereafter hold from or on account of the Obligor.

3. that nothing herein contained shall be deemed to imply that there is any obligation on
the part of the Bank at any time to afford the Obligor pecuniary aid and assistance in
any manner or to any extent whatsoever.

4. that if the Obligor shall make default in the payment of any money hereby secured or
shall commit a breach of any of the covenants herein contained and on the part of the
Obligor to be done observed and performed or if at any time during the continuance
of the mortgage hypothecation and assignment effected by these presents the Obligor
shall be declared or adjudged insolvent or bankrupt or enter into a composition with
the Obligor's creditors of if the mortgaged property or any part or portion thereof is
seized or taken in execution of any judgment or judgments or under or in respect of
any other claim or claims or proceedings or if any circumstance shall arise which in
the opinion of the Bank or of the Manager of the Bank may endanger the security
constituted by these presents then and in any such case it shall be lawful for the Bank
or the Manager of the Bank or any person authorized by the Bank or the Manager of
the Bank to enter upon and take possession of the mortgaged motor vehicle or any
part or 6 portion thereof with full power to sell or dispose of the same or any part or
portion thereof and to take and apply the proceeds of the sale thereof until the whole
of the moneys due under or secured by these presents including all costs and expenses
of such possession or sale or in any way incidental thereto and the cost and care of
the mortgaged motor vehicle (all of which costs and expenses shall be charged
specially upon the mortgaged premises and be covered by the mortgage
hypothecation and assignment hereby given and granted or expressed or intended so
to be) have been fully paid and liquidated or to exercise the powers and remedies
available to the Bank under any law or at once to sue for and recover payment from
the Obligor of all moneys due under these presents or if the Bank shall think fit so to
do also at any time to adopt the above remedies simultaneously or successively for
recovering payment of the said moneys and in the event of the Bank suing for the
recovery of the moneys aforesaid the Obligor doth hereby expressly agree that the
Bank shall be entitled to have a Receiver appointed in respect of the mortgaged
premises pending such action who in addition to the powers and authorities
conferred by law or by a competent Court shall be vested with all the rights powers
and authorities hereby given to the Bank without prejudice however to the right
hereby given to the Bank to enter upon and take possession of the mortgaged motor
vehicle with all the rights powers and authorities hereinbefore given.

5. that the Bank is hereby empowered to exercise the Power of Sale conferred on the
Bank as an approved credit agency in respect of the mortgaged motor vehicle by

6
Section 85 of the Mortgage Act (Cap. 89 of the Legislative Enactments of Sri Lanka -
Revised Edition 1956) and the powers and remedies available to the Bank under any
law

6. that the Bank shall be entitled at all times without notice to the Obligor to apply any
money or moneys in the hands of the Bank standing to the credit of or belonging to
the Obligor in or under whatever account or accounts in or towards the discharge or
part discharge of the moneys then due owing and payable by the Obligor to the Bank
and to apply or hold the same in or towards the payment or satisfaction of any present
or future liability of the Obligor to the Bank whether then certain or contingent.

7. that the Bank may from time to time and at any time waive either unconditionally or
on such terms and conditions as to it shall seem expedient any breach by the Obligor
of any of the covenants in these presents contained Every waiver by the Bank shall be
and be deemed to have been without prejudice to all the rights powers and authorities
of the Bank hereunder which shall at all times thereafter remain exercisable
whenever the Bank shall think fit and as if such waiver had not been made.

8. that any statement extract writing or other documents showing the amounts due by
the Obligor under these presents and made out of the books or documents of the Bank
and signed and certified by the Manager of the Bank or the Accountant thereof or by
any other person who may be specially appointed for that purpose by the Bank or by
the Manager of the Bank shall be and be deemed sufficient at 7 law and conclusive
proof against the Obligor of the contents thereof without any other documents or
vouchers to support the same.

9. that the security hereby created and effected shall continue to be valid binding and
effectual for all purposes notwithstanding any change by amalgamation consolidation
or otherwise which may be made in the constitution of the Bank and shall be available
to and may be enforced by the corporation or company for the time being carrying on
the business now carried on by the Bank

10. that every notice given or demand made under these presents and every summons or
notice of any legal process of any kind whatsoever in connection with any action suit
or other proceedings taken under these presents shall be taken and deemed to have
been duly served upon the Obligor if the same be sent by post under registered cover
addressed to the Obligor at the address hereinbefore mentioned or to the place of
residence for the time being of the Obligor Such address shall be the registered
address of the Obligor for the purposes of Section 2 of the Recovery of Loans by Banks
(Special Provisions) Act No.4 of 1990.

7
IN WITNESS WHEREOF the Obligor has set his hand to these presents and to
three others of the same tenor and date at Colombo aforesaid on this Fifth (5th) day of
September Two Thousand and Twenty Three (2023).

THE SCHEDULE ABOVE REFERRED TO:-


Motor Vehicle registered in the name of the Obligor and the particulars of which is as
follows:
Distinctive Description Engine Place where
Chassis Number
Number (make, model) Number kept
No.30, Barnes
Honda, P94 098
WP CAO 9877 GR18203UI0193312 Place,
Accord 5704
Colombo 07

together with all accessories and tools appertaining thereto.

OBLIGOR
(Signature and left thumb impression of
Amar Arulanantham)

W I T N E S S E S :
And we do hereby declare that
we are well acquainted with
the said Executants above
named and know their proper
name, occupation and
residence.

01.
(Signature of Anbarasu Vimal)

02.
(Signature of Nallasivam Kamal)

NOTARY PUBLIC

8
ATTESTATION
I, JOSEPH BENERAJ RAGUL Notary Public of No. 16A 1/1, Pereira Lane, Colombo 06 in
the Judicial zone of Colombo in the Democratic Socialist Republic of Sri Lanka do hereby
certify and attest that the foregoing instrument having been read over and explained by
me, the said Notary, to the within-named executants the Obligor AMAR ARULANANTHAM
(Holder of National Identity Card No.9182934784 V) who signed this instrument illegibly
and affixed his left thumb impression in the presence of Anbarasu Vimal (holder of
National Identity Card bearing No.86234456V) of No. 45, Vihara Mawatha, Kolonnawa
and Nallasivam Kamal (holder of National Identity Card bearing No.89344567V) of
No.789, Meeraniya Street, Colombo 12, subscribing witnesses hereto, and who signed
“illegibly” and “illegibly” respectively and the same was signed by the said Executants, the
said Witnesses and also by me the said Notary in my presence and in the presence of one
another, all being present at the same time at Colombo on this 5th day of September Two
Thousand and Twenty Three (2023).
And I certify that the Obligor and the witnesses are known to me and I have checked their
identity by the inspection of their National Identity Card and prior to the execution of the
foregoing instrument, I have inspected the identity card of the Lessor, Lessee and
Witnesses.
And I further certify and attest that the Stamp Duty of Rs. 2,000/- was paid to the Peoples
Bank Main Branch to the credit of the Commissioner General of Inland Revenue bearing
the Receipt No.35426909 and attached to the Duplicate of this Instrument on 05.09.2023
in confirming the said payment and the Original bears one (1) stamp to the value Rs. 1/=
and that the said stamp was supplied by me, the said Notary.
And I further certify and attest that the within mentioned consideration sum of TWO
MILLION RUPEES (Rs.2, 000,000/-) was not paid in my presence. However the Obligor
acknowledges the receipt of the said consideration from the Obligee prior to the
execution hereof.
And I also certify that I have renewed my License for the year 2023.
WHICH I ATTEST

Date of Attestation
5th September 2023.

NOTARY PUBLIC

You might also like