Kolkata Sanction Loan Letter
Kolkata Sanction Loan Letter
                                                 Kind Attention: Mr. Mahesh Kumar Sharma              &   Mr. I\dukesh Kumar Sharma
               Dear Sir/s,
               Sub: Sanction cf Construction Finance Loan of Rs 12.00 Crores +2.40 C rores contingency limit for your project
               "Utopia"
               With reference to your application for financial assistance, DCB Eank Ltd is pleased to sanction construction finance
               loan of Rs Rs 12'00 Crores +2.40 Crores contingerrcy limit in favor of M/s.Kolkata Heights pvt Ltd. (hereinafter
               refened to as borower) for your project " Utopia" situated at pREMtsEs No 7G1, MADURDAHA, MouzA
                                                                                                                 -                                 -
               MADURDAHA, CS DAG NO - 448, 450, RS DAG NO - 455, 457, RS KH NO - 189, 46, JL NO- 12, TOUZI NO
                                                                                                                                          -   2998,
               P.5 - TIUALA (NOW ANANDAPUR), KOLKATA - 7OO 107 underthe following major terms and conditions:
                                                            Any inflow over and above the projections during and post completion would be
                                                            used to reduce the loan & also all inflow over and above the cash flow projections
                                                            provided to bank at the time of sanction \l,culd be used to reduce the loan.
                         Processing fees                    1.00 % on the loan amount; plus service tax etc. as applicable
               D         Rate of lnterest*                  Floating
                        Applicable        Rate       of      14.00   o/o   p.a., ( lnterest will be charged at monthly rests   )
                         lnterest
                                                            Three month
                        Applicable MCLR                     Please visit our vr'ebsite www.dcbbank.ccm to know about MCLR
               E        Additional interest                Additional interest @ 24 p.a. payable in advance at monthly rests (on 1st. ofor every
                                                           month)will be charged on the overdue amc:int of PEMI/ EMl.
                                                           ln case of occurrence of Events of Default, DCB bank may at its sole discretion
                                                           charge interest on the entire principal loan balance @ 24 p.a. payable in advance at
                                                           monthly rests.
               E        Primary Security                   Exclusive charge by way of registered/esrritable Mortgage ol the Project land of
                                                           "Utopia" situated at PREMISES NO   - 761, I',4ADURDAHA, MOUZA           -
                                                           MADURDAHA, CS DAG NO - 448, 450, iIS DAG NO - 455, 457, RS KH NO _ 189,
                                                           46, JL NO- 12, TOUZI NO - 2998, P.S - TIUALA (NOW ANANDAPUR), KOLKATA                     -
                                                           700 107
Exclusive drarge by way of hypoti)ecation cn ute present and future receivabies arising
 a
      \ \1 t   x(/,^\                                      out of sale/Booking/alienation of units of tne project "Utopia" for the share of
                                                           borrower.
a')
Ch tt bollateral NA
llateral
        I          Corporate Guarantee
                                                rporate guarantee of all 30 companies who own the land on which the
                                                oject is coming along with the guarantors mentioned in point 'H'.
                                               he list of 30 companies are given in Annexure 1'
        K          Repayment                  Minimum selling, value to beachieved per Sft for eadlflat mortgaged with bank
                                              will be Rs. 2900i- per sft.
                                              lf for any reason, the sale is below the stipulated rate, the borrower will arrange
                                              to prepay the loan for the differential arnount.
        L          Event of Default          rcB Bank 1ts. will have the right to recall all or part of the loan in case the
                                             schedule of construction and sales is not adhered to as mentioned in the
                                             application submitted to bank.
               K   I
 qs
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      n'l
* CAD o
Ct
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              DCB Bank 3 months MCLR shall be decided by DCB Bank and may change from time to time. This
              information will be made available on DCB Bank's website www.dcbbank.com.
              The rate of interest will be linked to the DCB Bank 3 months MCLR and is subject to change in 3 months
              MCLR from time to time. The reset of loans linked to 3 months MCLR will be done in a quarterly on dates
              specified on DCB Bank website www.dcbbank.com from time to time.
DCB Bank reserves the right to change the rate of intercst inter alia in case of any of the following
              a   delay in repayment,
              b   delay in regularisation of over limit,
              c   return of cheques (outward/inward),
              d   non-submission of stock statements,
              e   non-submission of documents requested by the Bank,
             0   delay  in submission of documents for renewal of facilities,
             s)  devolvement    of Letter of Credit,
              h)  invocation of Bank Guarantee,
             i)  credit deterioration in another loan with the Bank,
             i)  credit deterioration reported by another bank,
             k) name appearing in negative list / defaulter list of RBl, EcGc, etc.,
             r)  inaccuracies in documents submifted to the Bank,
             m) routing of transactions to another bank account without the Bank's prior
                                                                                            approvar,
             n) reduction in sales turnover,
             o) any regulatory changes affecting the industry, and
             p)  Any other matter that is likely to affect the repayment capacity, timeliness,
                                                                                               etc.
            s NNK I
       o CAD             rn
       a.ourlien/fundingtobeintimatedtotheprospective.customeftiandcommunicationtobesentto
                                                        airectly to our designated account'
       the owneF of flats already                             iilil[piv'ments
                                             ".ti;;;;i                          ,.Preferred Finance Partner,., whereby we may
       b,     The borrowers shall agree to give US status of the
       consider Housing Loans to eligible individual house purchasers'
       c'AllHoardings/brochures/pamphlets/SaleAgreementoftheprojectwilldisgl?:e.!j':^TmeofDCB
                                                                                   put up a board at the worksite
       Bank Ltd as the lender to *no-inl, pr,ipett, is mortgiged. The company will
                                                                                               provide NoC /
       Jiiprrving in"t'rn!s project s npiroGJlno rinancel uiy ocB.aank Ltd' and that they will
       peimilsi6ns ot DCB Bank Ltd for sale of flats / property if required'
       d.      The borrower will append the information relating to the mortgage while publishing advertisements of
       the project in newspapers/ magazines etc.
       e.       ln the event of non-compliance of Legal Scrutiny Report (LSR) and Technical Scrutiny Report (TSR),
       fees if any paid to DCB bank shall not be refunded.
       f.       The Loan will be utilized for the purpose it is granted and shall not be utilized for any other purpose or
       for capital markets activities or any speculative purposes. An undertaking to this effect is to be given.
       g.       lnterest shall be charged from the date of first disbursement. The repayment will be in 24 monthly
       installments commencing after 24' month from the date of first disbursement. The interest is payable on the 1- of
       every month from the date of first disbursement including the rnitial moratorium period of 24 months lf there is a
       default in payment of lnterest or Principal for 2 consecutive months, it shall be construed as violation of the
       terms of sanction and the entire loan may be recalled.
h. Standing lnstructions to the extent of installments/EMl covering the tenor of loan to be furnished
       i.      The borrower and guarantors undertake that in an event of default or nonpayment of loan, they
       will have no objection in DCB Bank Ltd transferring property rights/title of plot /flats to third party on as-is-
       where-is basis.
       k.        NOC from DCB Bank Ltd to be obtained for any loans to be raised for this project, in future, till such
       time our dues are outstanding. The borrower will arrange to obtain an NOC in writing before raising any loans
       for this project or permitting any charge to'be registered against the properties / flats/ bungalows/ units/ plots
       mortgaged to DCB bank.
       l.     All the expenses in connection with execution of security documents shall have to be borne by the
       borrower.
       m             This sanction may stand revoked and cancelled and shall be absolutely null and void if:
                    - Any material changes take place in the project for which this loan is sanctioned.
                    -   lf it comes to the light that any material fact or other relevant aspect of the proposal was withheld,
                        suppressed concealed or not made known to DCB Eank Ltd.
       n.      DCB Bank Ltd reserves its right to review and revoke the balance / un-drawn proJect loan at the expiry
       of 6 months from the date of sanction as per event of default.
       o.    The following details shall be submitted by the borrower at the periodically mentioned or whenever
       demand ed by DCB Bank Ltd.
  t(                    1. Receipts & Payments Statement (Monthly)
       \'._             2. Details of the flats booked / sold by way of Agreement to Sale, Sale Deed, Registration of flats,
                         etc. during the month giving specific details of the flat and the payment terms. ( Quarterly)
cr,t          I
           q,Anappropriateloandocumentcoveringalltheaboveconditionsandanyotheradditionalpointsthat
           mav be reouired as Der DcB o".r Lli. itiit 6e executeo by the borrower, who will also execute our
           otnLr   .""riity   oo"uments as forwarded ""rr.
                                                     by DCB bank Ltd
Demand raised
           s.      Based on satisfactory verification of sales, receivables and construction expenses details of the prolect
           "Utopia" by DCB officials or designated agencies of DCB (Not older than 3 months) disbursals will be made.
t. DCB Bank Ltd. shall have the right to inspect the books of account of the borrower at any time
           u.       DCB BANK LTD would have a Lien on all yet to be booked Units in Project. ln case Developer wants to
           sell the unit to any prospective purchaser, they shall obtain an NOC from DCB BANK LTD to this effect.
           v.     Till such time DCB bank's loan is fully repaid, the borrower, without prior written permission of DCB
           bank shall undertake not to:
                          - Effect any change the managemenu capital structure/Shareholding patlern of the bonower
                           entity of this project for
                          -Formulate any scheme of merger /acquisition /amalgamation / reconstitution
                          -Undertake guarantee obligation on behalf of any other company, firm or person for this project
                          -Declare dividends for any year, if there is default in repayment obligation of the Borrower.
                           However, dividends may be declared without prior written permission of DCB bank out of
                           profits related to that year after paying all DCB bank's dues and making provisions as required
                           for that year.
                         - Create any further charge, lien or encumbrance over the assets and properties charged to
                           DCB bank, in favor of Bank, financial institution, company, firm or person
                         - lnvest / deposit / lend funds to group / family members and relatives / other corporate bodies /
                           firms / persons.
                         - Undertakes any transaction within the groupkelated parties/companies which are no of
                           accommodative nature.
    i'.N                 - Not to embark upon any expansion / diversification / restructuring /alliance /mergers/
o          \ ,-r,          acquisitions without prior permission in writing from us.
o
                                                              DCB Bank Llmtt€d
                & Feghter€d Ofllco: 6" Floor, Tow€. A, p€flinsula Bdn€€s Part Senapaff
                          L99g99MH1 995PLCO890OB T€l: +91 22 66187000 Fax +91 22 65589970 W€b6ite:
                                                                                                    {
                                                                                       Bapst Mary, Lot Palst, Mumbai - /Om13,   Mah8lBhta
                                                                                                        www.dcbbank.co.n
                                                                                                   DCB BANK
                                                                                   pending against them on account of excise default
                                   lndemnifv that no case /proceedings are
                                   il"d";;tHili:  i;i"r"       il"i"ti"". i.o eiihanse-contror Resulations Also that the
                                                                                                           and their
                                   i*iiomp"nvltt'eir sister or associate/-i-o'noigroup/f;mily conce-rns
                                                                                  rpf,"", on nal's  list.of defaulters and EcGC's caution
                                   Directors/partnerslproprietor etc.
                                                           such pro"""o"ig- i;in'til[J uy       of such departments' information will be
                                    list. Further, if any'BANK                                                                             at a
                                    pi"riOti t" OCA                                         "ny
                                                                LTD i.r""Oiit"ty tn caie this information is found to be incorrect
                                                                                                                       LTD  is fully
                                   i;;;;tr""      or non-reporting of any subsequent proceedings' DCB           BANK
                                                       ure criminil actio;/other suitable proceedings against the borrower'
                                    "rnpo*"i"Jto                                                                       performance-annually'
                                    The   Borrower undertakes to notify us of impacts on its financial position/
                                                                                                                                  its financial
                                    The firm/company will keep us iniormed of any circumstances adversely affecting
                                         on.
Other S lConditions
                    2.   Rs 12 Crs  will be disbursed in stages based on level of construction and expenses incurred and Rs 2.4
                         Crs will be disbursed for meeting any contingency at the sole discretion of the Bank.
                         The Contingency limit would be Offered at the specific approval of Head Credit only and could be
                         contingent on the stretch in receivables, inventory and as a line to meet short/Medium term
                         exigencies/expenses.
                    3.   Latest cA certificate confirming promoter contribution infused in this project
                    5.   Borrower to open No debit account with us & all the receivable from this project should be routed
                         through us, No other account with any other Bank for this project. Existing account to be closed
                         withan 30 days from the date of first disbursal, whichever is earlier.
                    5.   Existing flat buyers will be intimated to deposit their dues henceforth                to our account and further
                         booking agreements will have our Bank account as designated account.
                   7.    All the agreements should have our DCB Bank account number for remitting their dues by the flat
                         owners.
                   8.    An affidavit cum undertaking must be obtained from the applicant that they will stick to the approved
                         plan for construction and will take prior approval from DCB Bank in case of any deviation.
9. Disbursement subject to satisfactory review of booking and collection made till date.
                   10. Undertaking to the effect that the entire project collection/progressive receipts from the customer
                       will be deposited in the DCB Bank A,,/c and no funds will be diverted for any other project.
t t:
) Cr.D
 I
               /
      Ll }T
                                                                                     Projected          Actuals
                      Parameter
                                                                                     (in Crs)
                      Promote/s contribution
                      Units booked
                      Construction Expenses
                      cash capturing in DCB Bank account
            12. Unsecured loan if any cannot be withdrawn during loan period and repayment of loan will commence
                only after our loan      is   fully paid.
            13. Booking cancellation exceeding 10% will require approval from Head Credit-Construction Finance and
                gap in cash flow to be met by the promoter.
            14. Minimum Security Cover of 2.00 times on the outstanding loan amount to be maintained during the
                tenure of the loan facility.
            15. Minimum 20       Yo   cul back on receipts to be adjusted against loan outstanding and interest to be repaid
                separately
            15. Any inflows over and above projection to be used to reduce our exposure or taken to separate DSRA
                account,
            17. The withdrawal in the accounts are          to be done only for construction cost of the project and should
                not be used for any repayment to promoters          /   relatives.
                ln case of any shortfall in inflow, promoters shall make good the difference
            18. The borrower should not pay any consideration by way of commission, brokerage, and fees or rn any
                other form to guarantors directly or indirectly.
      l     19. DCB BANK LTD will have the right to examine at all times the borrower's books of accounts and to
q.              have the borrowe/s work site/uniuoffice inspected from time to time by its office(s). The cost of such
                inspections will be borne by the borrower.
            20. M/s- Kolkata Heights Pvt Ltd to provide copy of sale deed/s executed for sale of flats prior applying for
o s1'.'.'       NoC from DCB BANK LTD for the O$SHrJX,:f;$structed by M/s. Kolkata Heights Pvt Ltd.
     UT     e Regin€'€d ofllc8: 6' Floo{, T(xxer Ai P€oinsuh Busln6s Park senapat Bspat
                                                                                        MsIg, towq p8rd, Murbaj - 4{Dolg, Mahsrsshtra
                 crN: r.99999MH1995pLC089008 Tel: +91 22 66187000 Fax: +91 22 6d5S9970
                                                                                             wobsito: wvw.dcbbankcorn
                                                                                             DCB BANK
          21    TheBorrowertopublishinalltheirmarketingmaterial'thefactthattheProiecthasbeenfinancedby
                                                                             for the Pioject would be subject to
               DCB BANK LTD. The marretingiatJiai r.".,i' UV
                                                                  in.'O"reloper
               icrutiny by the DCB BANK LTD at any point of time'
                   o                                                                               the construction is in
                           ArchitecuEngineer certificate conflrming the stage of completion & that
                                                                                                    Authority
                           compliance iith approved plan and neclssary approvals from Competent
                   o                                                                                         and are fully
                           CA certificate confirming that the amount incurred are towards construction cost
                           paid & are not reimUuise.enurepayment of monies to promoter /Group/Associates/related
                        parties.
                       .CA or Self certificate confirming the demand raised have been as per the agreements for sale
                        and the same has been collected or Rs.         is in arrears'
          23. DCB BANK LTD would have the statement valid-ated through its panel Valuer and the same would be
                                                                              -
              certified by the Valuer in his Project Technical report.
          24. The Comfany /Firm /Borrower igrees for appointment of Valuers and Lawyer and or other agencies as
              may be nlceisary for review and monitoring of Project on a specific period(initially before seeking first
              disbursement and thereafter quarterly ) and agrees that expenditure to be incurred for availing services
              from these agencies shall be borne by the Borrower. The Borrower will ensureiundertakes that the
              issues raised by these agencies i.e. Lawyers and valuers, CA would be resolved by the Company to
              the satisfaction of the Bank
          25. The Company undertakes to obtain and maintain all necessary statutory and non-statutory
                        ls/clearances      uired durin tm ementation and/or        eration of the ect.
   Please sign on the duplicate copy of this letter' as a token of your acceplance of lhe terms and condition of the
   sanction and return to us the signed copy for our records. Please also arrange for the compliance of the required
   formalities for documentation and disbursement. This sanction is valid for acceptance for a period of 1 (one)
   month from the date of this lefter and sanctioned credit facility/ies should be availed within 3 (three) months from
   the date of this lefter, where after it need to be revalidated or the Bank may, at its discretion, treat the sanction as
   withdrawn.
   Thanking You,
   Yours faithfully,
                                         t.l
   For DCB Bank Ltd,
                                                       i r-r
                                     I
                                                       t-
                                         r^,,18
   Authorised Signatories
(Accepted Terms & Conditions of your sanctron letter no CAD/CF/ANB/2017-18/99 Dated :10.10.2017)
FO. KOLMTA HEIGHTS (P) LTD. FoT KOLKATA HEIGHTS (P) LTD.
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             Annexure   1
                    SL NO                                             CO NAME
                         1
                                                              A.JANTA D EALERS PVT. LTD
                                                             ANJANI             PvT LTD
                        2
                         3                                  APURVA COMM OTRAD E PVT.LTD.
                         4                                  BRIGHTEX MERCHANTS PVT. LTD
                         5                                    CITILINE VYAP AAR PVT. LTD
                         6                                  COMPANION TRADERS PVI. LTD
                         7                                    COMPASS VINI MAY PVT, LTD
Annexure 3
Details of Project land & list of Flats to be mortgaged & receivables thereof hypothecated to DCB bank Ltd
             Project Land of 'Utopia ' situated at PREMISES NO - 761, MADURDAHA, MOUZA -MADURDAHA, CS DAc NO                           -
             448, 450, RS DAG NO - 455, 457, RS KH NO - 189, 46, JL NO- 12, TOUZT NO - 2998, p.5 - TTUALA (NOW
             ANANDAPUR), KOLKATA         -   700 107. along with the developers share of unsold present & future construction
             theleon.
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                        crN: r..99099MH1995pL@a9oo8 T6r: +91 22     06187,o   i*iidE-dsdgszo    w6bsn€: www.dcbbenkcom
                                                                                           DCB BANK
        Exclusivechargebywayofhypothecationonthereceivablesfromtheproject.Utopia"alongwithpresentand
        future unsold construction tnereon ii anJ including
                                                            but not limited to the following:
                    62       2A        ;--           A            3 BHK
                                                                                                      '',,T,;l
                                                                                                         I
                                                                                                      1s21
                                                                                                                              Unsold
               trl ffi
                    63       2A            3rd       A            3 BHK                                           7744        Unsold
                             2A            4th       A        l3   BrK                                ,srft-14.-l             Unsold
                    65                                                                                7521   t   1144Tu"-td
                    66       2A            5th                r;   BHK                                1521   -   11441unsotd              -
                    67   ffirgHx                                                                  I   rszr   I iM             Unsold
                     ffi
                    68
                     ffi
                    69
                                                                                                  f;T
                                                                                                  I   rssz I
                                                                                                                 ,,o
                                                                                                                 .'ril
                                                                                                                              Unsold
                                                                                                                              Unsold
                    70l2A la'o                     la         lEsxx                               I   rsez I     t774 Unsold
                     ffi
                    17
                                                                                                  t--------f--------
                                                                                                  I 1562 I
                                                                                                  I rssz I
                                                                                                               7774
                                                                                                                 77i4
                                                                                                                             Unsold
                                                                                                                             Unsold
                    .nl2^              lat         lg         lgeHx       I                       I rtez I       777t        Unsold
                                            1st
                                                                                                          !527       tt44        unsold
                          89    28
                                                       A           3 BHK                                  1521       1L44        Unsold
                          90    28          2nd
                                                                   3 BHK                                  752L       1744        unsold
                          91    28          3rd
                                            4th                    3 BHK        Dinesh Agarwal            7527       1744        So   ld
                          92    28
                          93    28          5th                    3 BHK        Dinesh Agarwal            !s27       tL44 sold
                          94    2B          6th        A           3 BHK                                  7521       7744        Unsold
                               ffi
                                                                                                                             I
                               ffi
                         105
             I
                           -
                         uolzs
                           -     lqth lo                          lgaHx
                                                                                                      ffi
                                                                                                      I   I
                                                                                                          rqsz
                                                                                                                     1099 | Unsotd
                                                                                                                     loss        Unsold
             I           rrzlza ls,rr lo                          IseHx         Nisha Agarwal         E46rl          10*         Sold
             I           rre lze letn lo                          leaHr                               ffi *t
                         720    2B          8th        D I**l                                         [;;l
                                                                                                      ffi
                                                                                                                                 unsold
Annexure ll