You are on page 1of 4

DEED OF INDEMNITY-CUM-UNDERTAKING

This Deed of Indemnity-cum-Undertaking made at SURAT on this the __________ day of ________between, M/S
AGARWAL AGENCY a Proprietorship firm and having its office at Plot no 63e Mahadev Nagar Vadod ,
SURAT -394210 through its Proprietor Mr. Dipak Sunilkumar Gupta (Borrower)

1. Mr. Dipak Sunilkumar gupta Son of Mr Sunilkumar Harichand Gupta , aged 34 years, residing at 95
96, ASHARAMJI NAGAR, KESHAV NAGAR JIAV , Surat, Gujarat, 395023, Its Pan card no
AQQPG7483B (Mortgagor and property owner )

(hereinafter referred to as the Indemnifier” which term shall include its permitted assigns, and all persons
deriving/claiming title there under, as the case may be)

IN FAVOUR OF

AXIS BANK LTD, a company incorporated under Companies Act 1956 and carrying on the business of banking
under Banking Regulation Act, 1949 having its registered office at ‘Trishul’, 3rd Floor, Opposite Samartheshwar
Temple, Law Garden, Ellis Bridge, Ahmedabad 380 006, Gujarat and its Corporate Office at Bombay Dyeing
Mills Compound, Pandurang Budhkar Marg, Worli, Mumbai - 400 025 and a branch office among other places at
1st Floor, Digvijay Towers, Opp. St. Xavier School, Ghod Dod Road, Surat – 395007, Gujarat (hereinafter
referred to as “the Bank” which expression shall unless it be repugnant to the context or meaning thereof, be deemed
to mean and include its successors and assigns) of the Other Part.

WHEREAS

1. The Indemnifier has availed a Credit facilities from the Bank and have executed a facility agreement dated
06.01.2024 (the “Facility Agreement”), pursuant to which the Bank has granted to the Indemnifier an amount
of Rs. 1,00,00,000/- ( Rupees :- One Crore only ) vide its sanction letter no. Sanction Reference : AXIS-
00000111267-CBG/SEG/Surat East/2023-24 dated 16.12.2023 AND ADDENDUM SANCTION
LETTER AXIS-00000111267-A-CBG/SEG/Surat East/2023-24 Dated 04.01.2023

2. Pursuant to the terms of the Facility Agreement, the Indemnifier has extended the mortgage of properties
with,

Property -1: All that right title and interest of immovable property bearing Shop No. 12 Super Built Up admeasuring
1498 sq.ft. Carpet admeasuring 1000.00 sq.ft. i.e. 92.90 sq.mts on Ground Floor of Building No. B in the complex
which is known as “Akshar Residency” alongwith undivided proportionate share admeasuring 197.15 sq.mts
underneath in land of the said complex situated at land bearing Revenue Survey No. 190, Re-Survey No. 16/1 and 16/2
admeasuring 12100.00 sq.mts, T. P. Scheme No. 63, Final Plot No. 28 paiki sub plot no. 1 admeasuring 3287.26
sq.mts of village Vadod, Sub Dist. Majura, Dist. Surat in the name of Mr. Dipak Sunilkumar Gupta. together with
the right to use common areas of the building, the right to use water closet, drainage, lavatories and other conveniences
and facilities, amenities in or upon or pertaining to or connected to the flat / unit / office premises, both present and
future and easementary rights and together with all fixtures and fittings, both present and future .

Survey / Door. All that right title and interest of immovable


property bearing Shop No. 12 Super Built
Plot No..... / Flat No...... Up admeasuring 1498 sq.ft. Carpet
Measurement / Extent of property admeasuring 1000.00 sq.ft. i.e. 92.90 sq.mts
on Ground Floor of Building No. B in the
Location / Land-marks/ name of the area, Mohalla (it complex which is known as “Akshar
should give clear location of the property so as to reach the Residency” alongwith undivided
spot in case of need) proportionate share admeasuring 197.15
sq.mts underneath in land of the said
City / District.
complex situated at land bearing Revenue
Survey No. 190, Re-Survey No. 16/1 and
16/2 admeasuring 12100.00 sq.mts, T. P.
Scheme No. 63, Final Plot No. 28 paiki sub
plot no. 1 admeasuring 3287.26 sq.mts of
village Vadod, Sub Dist. Majura, Dist.
Surat.

Boundaries

East West North South

Not available Not available Not available Not available

Type of property. (Residential Building or plot / Commercial Building or Shop/ Commercial


plot / Industrial Shed or plot /Agricultural Land.

.
3. The Bank undertook a valuation of the properties offered as mortgage and learnt that property with Shop No -
13, which is not extended as mortgage is lying physically Combined with Shop no. -12 which are merge
internally situated Ground Floor of Building No. B in the complex which is known as “Akshar Residency”
alongwith undivided proportionate share admeasuring 197.15 sq.mts underneath in land of the said complex
situated at land bearing Revenue Survey No. 190, Re-Survey No. 16/1 and 16/2 admeasuring 12100.00
sq.mts, T. P. Scheme No. 63, Final Plot No. 28 paiki sub plot no. 1 admeasuring 3287.26 sq.mts of village
Vadod, Sub Dist. Majura, Dist. Surat have been extended as mortgage to the Bank.

4. In light of the aforesaid, to safeguard the interest of the Bank, this Indemnity is being executed by the
Indemnifier.

NOW THIS DEED OF INDEMNITY-CUM-UNDERTAKING WITNESSETH AS UNDER:


The Indemnifiers are aware of the fact that the Bank has agreed to open various accounts, sanction various facilities
disburse various facilities, accept mortgage over the aforementioned properties and accede to requests of the
Indemnifier, solely based on the Indemnifiers' following confirmations and representations:

a. That there will not be any construction in these properties (including property with Shop No -12 without the
consent of the Bank.
b. That the Indemnifiers appoint the Bank as its duly constituted attorney to do every act to safeguard the
interest and enforceability of the properties mortgaged to the Bank.
c. That the Indemnifier will construct a wall physically demarcating the mortgaged premises from property with
Shop No -12 upon the request of the Bank. If the situation arises which will press the need for a wall, then
the Bank may build the wall and the Indemnifier shall reimburse the Bank accordingly.
d. That the Indemnifier will take steps towards ensuring that there will not be any comingling of the properties
without the consent of the Bank as this might affect the enforceability of the Bank's charges
e. That the Indemnifiers(s) is absolutely seized and possessed of the said properties and are solely responsible
for all the consequences that may crop up as a result of any violation of the provisions contained in this Deed.

In consideration of the Bank agreeing to accede to the request of the Indemnifier by relying on the provisions of this
Deed submitted to the Bank, the Indemnifier unconditionally and irrevocably agrees to indemnify and undertake to the
Bank as under:

1. The Indemnifier unconditionally indemnifies and keep indemnified the Bank, its successors and assigns at all
times from and against any loss, damages, demand, action, dispute, claim, costs, charges and expenses, penalties and
prosecution of any nature suffered or sustained by the Bank as a result of having extended the aforesaid properties as
collateral, any facility sanctioned /to be sanctioned to the M/S AGARWAL AGENCY, any facility disbursed/to be
disbursed to the M/S AGARWAL AGENCY, any charge over the assets of the M/S AGARWAL AGENCY which
is created/to be created and any action taken by the Bank in respect to the these properties and that the Indemnifiers
shall be solely responsible for the consequence of the happening of any event as stated above.
2. To keep the Bank safe and indemnified from time to time and at all times from and against all claims,
demands, actions, proceedings, loss, damages, liability, costs (legal cost being between Attorney/ Advocate and
clients) charges, and expenses whatsoever, which may be made or brought or commenced against the Bank or be paid,
sustained, suffered or incurred by the Bank.

3. In the event of the Bank having suffered any loss, damages etc. as stated above in Clause (1). The
Indemnifiers undertake to immediately pay to the Bank and make good on demand by the Bank the amount of such
loss, damage, liability, costs (legal costs being between Attorney/ Advocate and clients), charges and expenses
together with the interest as per the current practice.

4. That it shall be the Indemnifier’s responsibility at their costs and expenses to handle any litigation or any
other matter in the relation contests, claims made by the Competent/ Statutory authority or any third parties and to pay
all costs in relation to the litigation and the Bank shall not be held responsible or liable in anyway.

5. This Deed of Indemnity-cum-Undertaking shall be binding on the Indemnifier, its successors, assigns,
administrators, liquidators and all those claiming title under us and shall remain in force as an unconditioned and
irrevocable indemnity and no period of limitation will commence in respect of this Deed of Indemnity-cum-
Undertaking during the currency of any relationship of the Indemnifier with the Bank.

6. For shop no -13 They will inform Axis Bank whenever deed will be registered in SRO and property will be
mortgaged with Axis Bank on availability of deed.

Dated this day of _________


IN WITNESS WHEREOF SIGNED AND DELIVERED BY M/S AGARWAL AGENCY a Proprietorship firm
and having its office at Plot no 63e Mahadev Nagar Vadod , SURAT -394210 through its Proprietor Mr. Dipak
Sunilkumar Gupta

M/S. AGARWAL AGENCY

Proprietor

Witnesses:

1. Dipak Sunilkumar Gupta ( Mortgagor )

You might also like