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The document outlines a loan agreement between Tata Capital Limited and Tania Sarkar, detailing the terms of a loan against securities, including stamp duty payment and party details. It specifies the obligations of both parties, including repayment terms, interest rates, and conditions for prepayment and default. The agreement also includes provisions for security, guarantees, and costs associated with the loan, emphasizing the importance of compliance with the terms and conditions set forth in the document.

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0% found this document useful (0 votes)
16 views19 pages

Downloadfile

The document outlines a loan agreement between Tata Capital Limited and Tania Sarkar, detailing the terms of a loan against securities, including stamp duty payment and party details. It specifies the obligations of both parties, including repayment terms, interest rates, and conditions for prepayment and default. The agreement also includes provisions for security, guarantees, and costs associated with the loan, emphasizing the importance of compliance with the terms and conditions set forth in the document.

Uploaded by

Niloy Das
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Stamp Duty ₹350.

00
Certificate No. IN-DL00887134509634W
Account Ref. No. SHCIL01 (CR)/ dlshcil10/ JANPATH/ DL-DLH
Issued On 07-06-2024
Issued By SHCIL
Stamp mode e-Stamp Certificate
State Delhi

Party Details
First Party Tata Capital Limited
Second Party Tania Sarkar
Stamp Duty Paid By Tata Capital Limited
Purchased By Tata Capital Limited
Document Type Article 5 General Agreement
Description Loan Agreement

Additional Details
Consideration
₹115700 .00
Amount
Document
VM5788280519901393
Reference No.

Note

Please be aware that this rec eipt titled Stamp Duty Payment Details is an ac knowledgement of the Stamp
Duty as paid by you and in no event be c onstrued as or equivalent to a Stamp Paper.
The authentic ity of the Stamp paper as purc hased by you should be verified at www.shc ilestamp.c om Any
disc repanc y in the details in this c ertific ate and as available on the website renders it invalid.
The onus of c hec king the legitimac y of the ac knowledgement and the stamp papers vests on the users of the
c ertific ate.
Stamp Ref No: IN-DL00887134509634W

LOAN CUM PLEDGE AGREEMENT FOR LOAN AGAINST SECURITIES

This loan cum pledge agreement for Loan against Securities (this “Agreement”) is executed at the place and on the
date as mentioned in Annexure 1 hereto respectively:

BETWEEN

TATA CAPITAL LIMITED, a company incorporated under the provisions of the Companies Act, 1956, CIN No.
U65990MH1991PLC060670, having its registered office at 11th Floor, Tower A, Peninsula Business Park, Ganpatrao
Kadam Marg, Lower Parel, Mumbai 400 013 (hereinafter referred to as the “Lender” which expression shall, unless
repugnant to the context or meaning thereof, be deemed to mean and include its successors and assigns) of the One
Part

AND

The Obligors as detailed in Annexure 1 hereto (the “Obligors”, which term shall, unless repugnant to the context be
deemed to include the persons as mentioned in the Master Terms and Conditions registered as Document No. BBE-5
/15929/2023 on October 30th, 2023 with the Sub-Registrar at Mumbai City – 5 ( (“T and Cs”)) of the Other Part

WHEREAS:

1. The Obligors have approached the Lender with a request to grant the Facility as set out in Annexure 1 hereto to
the Borrower, for the Purpose as set out in Annexure 1 hereto and the Lender has agreed to lend to the
Borrower the required sum on certain terms and conditions contained herein and the T and Cs, including, inter
alia that the Obligors shall, as security for the Facility, pledge and charge the Securities to be owned and
belonging to the Obligors in favour of the Lender.
2. The Lender has agreed to extend the Facility to the Borrower, on the faith of the undertakings, representation
and warranties made by the Obligors and as more particularly stated in the Facility Documents.

1. Definitions and Interpretation


1. Capitalised terms wherever used in this Agreement, unless the context otherwise requires, have the meanings
ascribed to them in the T and Cs.
2. The rules of interpretation as set out in the T and Cs shall apply mutatis mutandis to this Agreement.

2. Facility
1. The Borrower agrees to borrow and the Lender agrees to grant to the Borrower, the Facility Limit, being the
amount as specified in Annexure 1 hereto, on terms and conditions contained herein and the T and Cs for the
Purpose as stated in Annexure 1 hereto.
2. The Borrower shall not be entitled to cancel or refuse to accept Disbursement of the Facility, once the Facility
Documents are executed except with prior written approval of the Lender and upon payment of such cancellation
charges as set out in Annexure 1 attached hereto. Upon the execution of the Facility Documents , the Lender
may disburse to the Borrower the amount requested by the Borrower or, if no such request is made or
Disbursement Request is delivered, the amount of the Facility or such amount as the Borrower is eligible to be
disbursed based on the Security created and other eligibility criteria. Further, such cancellation shall take effect
only when the Obligors have paid to the Lender the Outstandings in full to the Lender’s satisfaction.

TATA CAPITAL LIMITED


Corporate Identity Number U6990MH1991PLC060670
11th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013
Tel 91 22 6182 8282 Web www.tatacapital.com
Registered Office 11th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai
400013
Stamp Ref No: IN-DL00887134509634W

3. Tenure
The period of the Facility granted under the Facility Documents is set out in Annexure 1 hereto until terminated by the
Lender in its sole discretion.

4. Repayment and Interest


1. The Obligors may pay/repay the principal amount drawn under each tranche of the Facility Limit anytime during
the tenure of the Facility. However, the total principal amount drawn under the Facility Limit along with Interest,
Penal Interest (if levied) and all other charges, shall be fully repaid at the end of the tenure of the Facility.
2. Without prejudice to the rights of the Lender under the Facility Documents, the Interest shall be payable currently
at the rate set out in Annexure 1 and the Interest shall be computed on the actual daily outstanding principal
balance of the Facility on the basis of a 365 days’ year and actual number of days elapsed and compounded
with monthly rests on the outstanding balance of the Facility at the end of every calendar month.
3. The Facility shall carry such type of Interest as more particularly specified in Annexure 1 hereto and shall be
charged from the date of Disbursement of the Facility under the Facility Documents. The frequency of the
Interest payment and the Due Date of Interest payment shall be as more particularly specified in Annexure 1
hereto.
4. In case of floating Rate of Interest, the applicable STLR on the date of this Agreement is specified in Annexure 1
hereto. The Borrower shall pay floating Rate of Interest to the Lender on the principal amount of the Facility
outstanding and the applicable Rate of Interest as set out in Annexure 1 hereto.
5. The Obligors hereby agree that the Lender shall have the right to charge Interest at such rates, depending upon
the STLR that may be revised from time to time by the Lender. However, such revision in the Interest rate shall
not take place for such period as set out in Annexure 1 from the date of first disbursement.
6. Notwithstanding any variation in STLR due to any downward revision, the Borrower shall be liable to pay a
minimum rate of Interest as set out in Annexure 1 hereto.
7. If the Borrower has taken the loan for personal purposes and chosen Floating Rate of Interest , in case of reset
of the rate of interest, the Borrower has the option to opt to switch to Fixed Rate of Interest (‘Switch Option) by
communicating the same in writing to the Lender within 5 Business Days. The Switch Option shall be available
to the Borrower only once during the tenor of the Facility or such other times as may be permitted by the Lender
as per its policy. In the event the Borrower has not communicated his/her choice within the aforementioned
timelines, it shall be deemed that the Borrower has chosen not to exercise the Switch Option .
8. In case of any variation, adjustment in the Rate of Interest, (i) the Monthly Instalment amount of the Facility shall
continue to remain the same as it was immediately prior to the change in the rate of interest and the number of
Monthly Instalments and tenure of the Facility shall vary accordingly unless the Borrower communicates to the
Lender within 5 Business Days that (a) the Borrower wishes to opt for change in the Monthly Instalment amount
while keeping the tenure and the number of monthly instalments the same or (b) the Borrower wishes to opt for
combination of change in the Monthly Instalments as also change in the tenure and number of Monthly
Instalments. Provided however, if the increase in tenure and number of Monthly Instalments exceeds the limit
permissible to the Lender as per its policies or results in negative amortisation, the variation, adjustment in the
rate of interest shall be done by enhancing/changing the Monthly Instalment amount without changing the tenure
and the number of Monthly Instalments (ii) the Borrower shall also have the option to prepay the Facility either in
full or in part in accordance with the provisions with regard to prepayment set out in this Agreement.

5. Penal Interest
In case of default by the Obligors in the repayments of the Facility on the relevant Due Date or any other delay/
default/ breach committed by the Obligors, the Lender shall have a right at its option to charge Penal Interest as
more particularly set out in Annexure 1 hereto for the period during which such default continues.

TATA CAPITAL LIMITED


Corporate Identity Number U6990MH1991PLC060670
11th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013
Tel 91 22 6182 8282 Web www.tatacapital.com
Registered Office 11th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai
400013
Stamp Ref No: IN-DL00887134509634W

6. Prepayment
The Borrower may be permitted to make part or full prepayment of the Outstandings on the terms and conditions
contained in the T and Cs and by making payment of applicable Prepayment / Foreclosure charges as set out in
Annexure 1 hereto and as may be revised by the Lender from time to time at its sole discretion.

7. Security
The Obligors hereby pledge the Securities, as detailed in Annexure 1 hereto and as may be modified or amended from
time to time, in favour of the Lender on the terms and conditions as more particularly provided in the T and Cs and in the
form and manner acceptable to the satisfaction of the Lender, for securing the Facility together with all interests, costs,
fees and expenses and all other monies payable in terms of the Facility Documents and stipulated herein or any other
finance or moneys due from time to time from the Obligors to the Lender in whatsoever capacity. In case the pledge is
created on the Securities by a person other than an Obligor (“Security Provider”, as more particularly detailed in
Annexure 1 hereto), such Security Provider undertakes and covenants to abide by and comply with the provisions of this
clause as also the terms and conditions applicable to creation of Securities and all obligations in connection with the
Securities and enforcement thereof, as more particularly set out in the T and Cs.

8. Guarantee
1. In consideration of the Lender, at the request of the Guarantor, granting the Facility to the Borrower on the terms
and conditions appearing in the T and Cs and this Agreement, the Guarantor, hereby guarantees the due
payment and discharge of all the Obligors’ liabilities to the Lender and performance of the obligations of the
Obligors under the Facility Documents, whether such liability is incurred before or after the date hereof, and
whether incurred by the Obligors alone or jointly with other(s), and in whatever capacity whether as Obligor or
surety or otherwise and whether such liabilities have matured or not, and whether they are absolute or
contingent, including all liabilities in respect of advances, letters of credit, cheques, hundis, bills, notes, drafts
and other negotiable or non-negotiable instruments drawn, accepted, endorsed or guaranteed by the Obligors,
and in respect of interest with monthly/quarterly rests, commission and other usual or reasonable banking
charges and in respect of all costs, charges and expenses which the Lender may incur in paying any rents,
rates, taxes, duties, calls, instalments, legal or other professional charges, or other outgoings whether for
insurance, repairs, maintenance, management, realization or otherwise in respect of the Collateral or any other
property, movable or immovable, or any chattels or actionable claims of scrip securities or title deeds pledged,
mortgaged or assigned to or deposited with the Lender as security for the due payment and discharge of the
Obligors’ liability to the Lender.
2. The Guarantor hereby undertakes and covenants to abide and comply with the Guarantor’s undertaking as more
particularly given in the T and Cs.

9. Margin Money
The quantum of Margin Money, if any, to be paid by the Borrower simultaneously with the execution of this Agreement is
provided in Annexure 1 hereto.

10. Costs and Expenses


The Obligors shall be liable to pay Dishonour Charges and such other charges, costs, expenses, related to and arising
out of Facility as set out in Annexure 1 hereto. The Lender in its sole and absolute discretion reserves the right to
periodically review, revise, re-negotiate, waive any such charges or levy any new charges which shall be updated by the
Lender on its website (www.tatacapital.com) or otherwise intimated to the Borrower. The Obligors shall be liable to pay
such charges without any demur or delay and shall not be entitled to raise any objections.

TATA CAPITAL LIMITED


Corporate Identity Number U6990MH1991PLC060670
11th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013
Tel 91 22 6182 8282 Web www.tatacapital.com
Registered Office 11th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai
400013
Stamp Ref No: IN-DL00887134509634W

11. Disclosure
The Obligors hereby agree and consent for disclosure and sharing of the information and data and for being contacted
vide various communication modes notwithstanding their names and / or numbers appearing in the Do Not Call or Do
Not Disturb registry as per the terms and conditions contained in the T and Cs.

12. Other Conditions


1. The Obligors shall abide by all terms and conditions as specified in the T and Cs including without limitation
general and special covenants mentioned therein, which shall form an integral part of this Agreement as if
incorporated herein. In case of any inconsistency or repugnancy between the terms of this Agreement and the T
and Cs, the terms of this Agreement shall prevail.
2. Nothing contained herein shall limit the rights of the Lender to enforce this Agreement independently and in
exclusivity to any other Facility Documents.
3. The Obligors hereby state that the Obligors have read and understood the T and Cs, a copy of which is available
on the website (i.e. www.tatacapital.com) and at the branches of the Lender, and hereby agree to be bound by
the terms and conditions as contained in the T and Cs read with this Agreement. The Obligors hereby state and
confirm that they have entered into the Facility Documents voluntarily and knowingly and out of their own free
will, volition and accord and have not done so pursuant to any duress, coercion and/or undue-influence.
4. The Obligors shall adhere to the timelines set out in Annexure 1 hereto.
5. In case of event of default subject to Clause 17 (Consequences of Event of Default) and 19 (Power of
Redemption And Sale) of T and Cs, Obligors recognise and accept that invocation of pledged shares by the
Lender and the sale thereof shall be at such intervals and on such terms, conditions and price at the sole
discretion of Lender. Such Invocation irrespective of market price/value of the shares on the day of Invocation
shall not be construed as settlement of the Obligors’ outstanding until the entire invoked pledged shares are sold
and Outstandings are recovered in terms of the Facility Documents. The Obligors further confirm that the Lender
has a right to set off the Obligors Outstanding’s from any monies received pursuant to the exercise of its power
of sale post invocation in the following manner:
1. Charges, expenses and other monies and interest thereon;
2. Penal Interest, if any;
3. Interest payable in terms of the Facility Documents; and/or
4. Repayment of instalment of principal amount of the Facility under the Facility Documents.

Further the Obligors shall continue to be liable to pay for the balance Outstandings consequent to the sale of the
Pledged Shares.
6. The Obligors hereby understands that the Lender may, if required, seek information or documents in addition to
what is mentioned in its KYC-PMLA Policy and the Obligors hereby consent to the same and agree to provide
such information or documents.
7. The Obligors declares that all the details furnished are true, correct and up to-date in all respects and that the
Obligors have not withheld any information whatsoever. The Obligors undertake to inform the Lender of any
changes therein, immediately. In case any of the above information is found to be false or untrue or misleading
or misrepresenting, the Obligors are aware that the Obligors may be held liable for it.
8. More particularly, the Obligors hereby consent to the Lender updating/furnishing the Obligors’ KYC data on the
Centralised KYC Registry (CKYCR) or such other database or repository as may be prescribed from time to time
as also access, download and procure data therefrom and rely upon the same for the purpose of KYC checks
and it shall be the Obligors’ responsibility to ensure that the data is correct and updated and to immediately
intimate in writing in case of any changes to the data. The Lender may also verify the data in such manner as it
deems fit and seek additional information or perform enhanced due diligence. The Obligors consent to receive
information/intimation from the Lender/CKYCR through SMS/Email on the registered number/email address
notwithstanding the names and / or numbers of the Obligors appearing in the Do Not Call or Do Not Disturb
registry.
TATA CAPITAL LIMITED
Corporate Identity Number U6990MH1991PLC060670
11th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013
Tel 91 22 6182 8282 Web www.tatacapital.com
Registered Office 11th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel
Mumbai 400013
Stamp Ref No: IN-DL00887134509634W

9. The Obligors hereby declare that the mobile number as submitted by the Obligors is the same as the one
available and registered with the Unique Identification Authority of India (“UIDAI”). The Obligors undertake to
inform the Lender of any changes therein, immediately. In case any of the information is found to be false or
untrue or misleading or misrepresenting, the Obligors is aware that the Obligors may be held liable for it.
10. In case of Life Insurance coverage, if the Borrower comes under medical category, then the Borrower needs to
complete the medical formalities as soon as possible to enable the Lender to take decision on acceptance of risk
and the cover to commence. The policy cover does not commence unless the formalities are completed, and the
risk is accepted by the insurance partner of the Lender based on the medical results. In case of rejection the
premium amount deducted will be transferred to Facility account.
11. Gross cases: Provisions with respect to Tax Deducted at Source (“TDS”) :
1. The Borrower hereby undertakes to provide to the Lender the TDS certificate in Form No. 16A
downloaded from TIN Website on a quarterly basis within 2 months from the end of the relevant quarter
and ensure that the TDS amount is reflected in the Form 26AS statement of the Lender with ‘F’ status. If
the foregoing is complied with, the Lender will refund to the Borrower an amount equivalent to the TDS
amount paid by the Borrower, within 7 working days of upon receipt of the TDS Certificate.
2. However, TDS refund claim will not be entertained by the Lender after 25th of July of the succeeding
Financial Year.
3. In the event of any subsequent change in the ‘F’ status reflected in the Form 26AS statement of the
Lender, the Lender shall be entitled to forthwith debit the TDS amount to the Borrower’s loan account
and the same shall be considered as an outstanding and recoverable along with Penal Interest and all
other applicable costs, charges and expenses.
12. Net off TDS cases : Provisions with respect to Tax Deducted at Source (“TDS”)\
1. Where the Borrower pays the net interest amount after deducting the TDS to the Lender, the Borrower
hereby undertakes to deposit the TDS with government treasury within the time specified by law and to
provide to the Lender the TDS certificate in Form No. 16A downloaded from TIN Website for each
quarter within 2 months from the end of the relevant quarter. Within such time, the Borrower shall also
ensure that the TDS amount is reflected in the Form 26AS statement of the Lender with ‘F’ status. In the
event the Borrower fails to comply with the foregoing, the Lender reserves the right to debit the TDS
amount to the Borrower’s loan account with effect from the interest payment date and the same shall be
considered as an outstanding and recoverable along with additional/penal interest and all other
applicable costs, charges and expenses.
2. In such an event, the Borrower may request for credit of the TDS amount by furnishing of the TDS
certificate not later than till 25th July of the succeeding financial year. Provided that, no refund shall be
granted of the Penal Interest and all other applicable costs, charges and expenses debited to the
Borrower’s account.
3. In the event of any subsequent change in the ‘F’ status reflected in the Form 26AS statement of the
Lender, the Lender shall be entitled to forthwith debit the TDS amount to the Borrower’s loan account
and the same shall be considered as an outstanding and recoverable along with Penal Interest and all
other applicable costs, charges and expenses.

TATA CAPITAL LIMITED


Corporate Identity Number U6990MH1991PLC060670
11th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013
Tel 91 22 6182 8282 Web www.tatacapital.com
Registered Office 11th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel
Mumbai 400013
Stamp Ref No: IN-DL00887134509634W

13. In the event any amount is not paid when due, the account will be flagged as overdue as part of day-end
process as Special Mention Account (‘SMA’) or Non- Performing Asset (‘NPA’) (as the case may be) in
accordance with the extant RBI provisions. Examples of classification of an account as SMA/ NPA categories
are provided below. The Obligors confirm that they have read, understood and accepted the same.

Examples of SMA/NPA Classification

SMA Sub- Categories Basis for classification- Instalment or any other amount wholly or partly
overdue

SMA-0 1-30 days

SMA-1 31-60 days

SMA-2 61-90 days

NPA More than 90 days

Examples:
1. If due date of a loan account of the borrower is 9th March, 2021 and full dues are not received on this date, the
date of overdue shall be end of the day on 9th March, 2021 and the loan account shall be classified as SMA–0.
2. If the loan account continues to remain overdue on 8th April, 2021 i.e. upon completion of 30 days of being
continuously overdue, then this account shall be classified as SMA-1 on 8thApril, 2021.
3. If the loan account continues to remain overdue upon running day-end process on 8th May, 2021 i.e. upon
completion of 60 days of being continuously overdue, it shall be classified as SMA-2 on 8th May, 2021.
4. If the loan account continues to remain overdue upon running day-end process on 7th June, 2021 i.e. upon
completion of 90 days of being continuously overdue, it shall be classified as NPA on 7th June, 2021 along with
all other loan accounts, if any, of the borrower/s with the Lender.

13. Arbitration
If any dispute, difference or claim arises between any of the Obligors and the Lender in connection with the Facility or as
to the interpretation, validity, implementation or effect of the Facility Documents or as to the rights and liabilities of the
parties under the Facility Documents or alleged breach of the Facility Documents or anything done or omitted to be
done pursuant to the Facility Documents, the same shall be settled by arbitration by a sole arbitrator to be appointed by
any of the following institutions:

1. The Council for National and International Commercial Arbitration having its office at Unit No.208, 2nd Floor,
Beta Wing, Raheja Towers, Nos.113-134, Anna Salai, Chennai – 600002
2. Centre for Online Resolution of Disputes having its office at F-14, 3rd Cross, Manyata Residency, Manyata Tech
Park, Bengaluru – 560045
3. The Centre for Alternative Dispute Resolution Excellence having its office at 107C, Mulberry Woods, Janatha
Colony, Carmeleram Station Road, Doddakanneli, Bengaluru -560035.
4. ADR E-Sarvatra Private Limited having its office at 63, Palace Road, Vasanth Nagar, Bengaluru- 560052;
5. Madras Alternate Dispute Resolution Centre (MADRC), having its office at C-40, 2nd Floor, 2nd Avenue, Anna
Nagar West, Chennai-600040;
6. Lex Carta Private Limited (Just Act), having its office at T4, 7th Street, Dr VSI Estate Phase 2, Thiruvanmiyur,
Chennai,– 600 041.
7. The Madras Chamber of Commerce and Industry (MCCI), having its office at “Karumuttu Center”,1st Floor, 634,
Anna Salai, Chennai 600 035.
8. Any arbitral institution designated under the provisions of the Arbitration or Conciliation Act, 1996 (“the Act”) or
any panel of arbitrators maintained under the provisions of that Act;

hereinafter referred to as (“Institution”) in accordance with the rules of the Institution as prevailing and as amended from
time to time.
The arbitration proceedings shall be based on documents only which shall be conducted through exchange of e-mail and
/or any other mode of electronic communication as permitted by the rules of the Institution or through an online dispute
resolution by the web portal offered by the Institution. The parties hereby agree that the arbitral proceeding shall be
conducted in electronic mode and all pleadings and documents will be exchanged electronically. There shall be no
Stamp Ref No: IN-DL00887134509634W

inperson and/or oral hearings except in certain exceptional circumstances as the sole arbitrator may deem fit upon the
request of either of the parties. In such instances, the hearings shall be conducted virtually at the sole discretion of the
arbitrator. The seat of arbitration for all purposes shall be deemed to be such place as mentioned in Annexure I of the
Agreement. The language of arbitral proceedings shall be English.
In the event the arbitrator to whom the matter is originally referred, resigns or dies or is unable to act for any reason, the
Institution shall appoint another person in his/her place to act as arbitrator who shall proceed with the reference from the
stage at which it was left by his/her predecessor.
The arbitrator so appointed shall have the power to pass an award and also to pass interim orders/directions as may be
appropriate to protect the interest of the parties pending resolution of the dispute. A certified copy of the award passed
by the arbitrator, a digitally signed copy of the same or a scan copy of the same shall be sent to the parties through
email or any other electronic mode including the web portal as the Institution deems fit which shall be considered as a
signed copy.
All notices, processes and communications between the parties with respect to the arbitration proceedings shall be
through e-mail or any other mode of communication permitted by the Institution notwithstanding the notice clause
contained in the Agreement which shall continue to apply to all other communications between the parties. It shall be
the responsibility of the Lender and Obligor(s) to maintain sufficient space in the e-mail account and/or in any other
mode of electronic account(s) and also to have supporting applications/software in their computer/mobile/any other
electronic device to access the electronic documents sent to them. It shall also be the responsibility of the Lender and
Obligor(s) to save the emails in the address book. The delivery of emails to spam, promotion, etc., shall also be a
deemed delivery.
The courts at such place as mentioned in Annexure I of the Agreement shall have exclusive jurisdiction in respect of
matters arising hereunder including any petition for appointment of an arbitrator under Section 11 of the Arbitration and
Conciliation Act, 1996 / application for setting aside the award/appeal and the Lender/ Obligor(s) shall not object to such
jurisdiction. The arbitration shall be conducted under the provisions of the Arbitration and Conciliation Act, 1996 together
with its amendments, any statutory modifications or re-enactment thereof for the time being in force. The award of the
arbitrator shall be final and binding on all parties concerned. The cost of arbitration shall be borne by the Borrower.

14. Jurisdiction
Subject to the clause 13 above, the Parties hereto agree that all disputes arising out of and/or in relation to this
Agreement, shall be subject to exclusive jurisdiction of the courts/tribunals as mentioned in Annexure I of this
Agreement . The Lender may, however, in its absolute discretion commence any legal action or proceedings arising out
of this Agreement in any other court, tribunal or other appropriate forum and the Obligors hereby consent to that
jurisdiction.

15. Miscellaneous Terms


1. This Agreement is the Specific Agreement as referred to in the T and Cs.
2. The contents of this Agreement and the T and Cs were read out, explained and interpreted to such Obligors who
are not conversant with English, in their respective vernacular language and thereafter Annexure 1 to this
Agreement were duly filled in and understood by the Obligors and the signatures of the Obligors were taken on
this Agreement.This Agreement may be amended only in writing and upon signature by all the parties and no
oral amendment shall be valid or be deemed to be an amendment to this Agreement.

TATA CAPITAL LIMITED


Corporate Identity Number U6990MH1991PLC060670
11th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013 Tel 91 22 6182
8282 Web www.tatacapital.com
Registered Office 11th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai
400013
Stamp Ref No: IN-DL00887134509634W

ANNEXURE 1

1) Place of Execution Delhi

2) Date of Execution 07/06/2024

3) Details of the a) Name Tania Sarkar


Borrower/s and Co- b) Constitution Individual
Borrower/s c) Address BENUSOM,TEJGANGH MOHANBUG,mohanbagh Tejganj,BURDWAN,
Burdwan - I,Sripalli,Bardhaman,West Bengal,713103 Bardhaman West Bengal
713103

a) Name
b) Constitution
c) Address

a) Name
b) Constitution
c) Address

a) Name
b) Constitution
c) Address

a) Name
b) Constitution
c) Address

Details of the a) Name


Guarantor/s b) Constitution
c) Address

3A Details of the Security a) Name


Provider/s b) Constitution
c) Address

4) Purpose Personal

5) Facility Limit Rs. 1,15,700/-


(Rupees One Lakh Fifteen Thousand Seven Hundred only)

5A Other Deductions a) Insurance and Third- NIL


Party Product
Charges

b) Stamp Duty AS PER AGREEMENT

c) Broken Period AS PER KFS


Interest

d) Other Charges (if AS PER KFS


any)

e) Total Deductions AS PER KFS


Stamp Ref No: IN-DL00887134509634W

(a+b+c+d)

5B Net Disbursed (5) Less (Processing Fees + 5A(e)) AS PER KFS


Amount

6) Tenure 12 months (With auto renewal basis Lender’s review)

7) Rate of Interest Rate of Interest:


Payable 1. Fixed Rate of Interest - NA % p.a.
2. Floating Rate of Interest - 10.49% p.a.
3. STLR - 9.4% as on date of this Agreement
4. Frequency of Payment – Monthly / Quarterly
5. Due Date: On or before 3rd of every month
6. Period for which Interest rate would not be changed: NA
7. Minimum Interest rate: NA
8. Total interest charged during the entire tenor of the loan - AS PER KFS

7A Repayment Schedule a) First Interest Last day of the month in which the loan
payment due on amount was first utilized

b) Last Interest Last day of the tenure of the loan


payment due date

c) Interest payment Last day of the month in which the loan


due date(“Interest amount was first utilized and the last day of
Due Date”) each succeeding month thereafter

d) No. of Interest AS PER KFS


payment repayment

e) Repayment Monthly
frequency by the
Borrower

f) NACH Presentation 3rd of every month


/Auto -Debit for
Repayment

Interest shall be due on the Interest Due Date, however the Borrower may make payment within 7 days from
the Interest Due Date. If the Borrowers fails to pay within this period, Additional Interest shall be charged and
calculated from the Interest Due Date.

8) Penal Interest For default in payment of Outstanding amounts - 3% p.m. on overdue amount
(Annualised Penal Interest of 36% p.a.).

9) Prepayment/ Nil
Foreclosure charges

10) Details of the As contained in Annexure 2


Securities

11) Margin Money

12) Other Charges a) Non – Refundable Processing Offline : Up to 1%* of the sanctioned loan
charges amount plus GST

b) Additional Processing Charges Nil

c) Document Processing Charges Nil

d) Annual Maintenance Charges Rs.999+GST


(Dropline Facility)

e) Annual Maintenance Charges Nil


Stamp Ref No: IN-DL00887134509634W

(Term Loan facility)

f) NACH/PDC charges Nil

g) Conversion Charges Nil

h) Payment Instrument swapping Nil


charges

i) Dishonour Charges Rs. 600/- per Instrument per instance

j) Mandate rejection service charge Nil (Charges will be levied if new mandate
form is not registered within 30 days from the
date of rejection of previous mandate form by
Borrower’s bank for any reasons whatsoever)

k) Repossession Charges Liquidation charges Rs 0.35% of sale


consideration + brokerage applicable

l) Pledge/lien creation charges :

m) Cancellation Charges Nil

n) Statement of Account Nil

o) Duplicate Repayment Schedule Nil

p) Foreclosure report Nil

q) Duplicate NOC Nil

r) Non creation of security Nil

s) Delayed/non submission of stock Nil


statement

t) Non adherence of financial Nil


covenants’ of sanction letter

u) Collection Charges At Actuals

v) For issue of duplicate copy of Nil


agreement

w) LOD Statement charges Nil

x) Provisional Interest certificate Nil


charges

y) Final Interest certificate charges Nil

z) Other Statement request charges Nil

aa) Security trust fees Nil

bb) Stock Audit charges Nil

cc) ROC Charges Nil

Legal Charges

a) Section 138 and Section 25 filing At Actuals

b) Arbitration Filing At Actuals

c) Receiver Order At Actuals

d) Notice At Actuals
Stamp Ref No: IN-DL00887134509634W

e) Legal Notice At Actuals

f) Lawyer fees At Actuals

g) Execution of award At Actuals

Insurance and other a) Life Insurance Premium Rs.


Third- Party Product
b) General Insurance Premium Rs.
Charges
c) Health Insurance Premium Rs.-

d) IHO Plan Amount Rs.

e) One Assist Plan Amount Rs.

f) CPP Plan Amount Rs.

g) TATA AIG 360 Amount Rs.

h) Any Other Rs.

Note: (GST, other government taxes and levies as applicable, will be levied on all fees and
charges.)

13) Place of Arbitration Kolkata


(Tick, whichever is
applicable)

14) Jurisdiction (Tick, Kolkata


whichever is
applicable)

15) Timelines
S. No. Conditions Timelines

(a) End use certificate shall be provided by Within 30 days from


the Obligors to the Lender intimation from the
Lender

(b) Fresh Payment Instruments shall be Within 7 days


delivered by the Obligors to the Lender

(c) TDS certificate in the Form No. 16A of the Within 45 days from the
IT Act downloaded from the TDS end of the relevant
Reconciliation Analysis and Correction quarter in which tax is
Enabling System (“TRACES”) website deducted and within 75
shall be provided by the Obligors to the days from the end of the
Lender last quarter of the
financial year

(d) An amount equivalent to the TDS amount Within 90 days


paid by the Obligors shall be refunded to
the Borrower by the Lender upon receipt
of the TDS certificate and subject to
compliance with the conditions stipulated
in the relevant provision of the T and Cs

(e) TDS refund claim will not be entertained after the 30 days of the
by the Lender succeeding financial
year

(f) Credit of the TDS amount may be not later than 60 days of
requested by the Obligors by furnishing of the succeeding financial
Stamp Ref No: IN-DL00887134509634W

the TDS certificate year

(g) Joint and several liability of the Obligors within 15 days from the
to indemnify and keep the Indemnified date of demand
Person(s) indemnified and harmless

16) Other terms and


conditions
Note :

The due date for the payment of the monthly instalment shall depend on date of disbursement of loan.
Accordingly, the Borrower/s shall be liable to make payment of Broken Period Interest at the rate stated in the
Facility Documents for the period from the date of the disbursement of the Facility till the date of the immediately
next monthly instalment. Such Broken Period Interest shall be charged at the same rate of interest as applicable to
the Facility. The Broken Period Interest may be collected from the Borrower separately or deducted upfront from
the amount disbursed to the borrower/or may be apportioned over the tenure of the Facility and collected as part
of the monthly instalments.
Broken Period Interest amount and 1st EMI date depend on the date of disbursal and the final figures would be
mentioned in the Welcome Letter and Repayment schedule.
Net Disbursed Amount may change if there is a difference in agreement execution date and actual loan disbursal
date on account of change in Broken Period Interest or any changes opted post execution of the agreement.

TATA CAPITAL LIMITED


Corporate Identity Number U6990MH1991PLC060670
11th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013 Tel 91 22 6182
8282 Web www.tatacapital.com
Registered Office 11th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013
Stamp Ref No: IN-DL00887134509634W

Loan Against Security Sanction Letter Version 2.0

To, Date: 07/06/2024

Tania Sarkar
BENUSOM,TEJGANGH MOHANBUG,mohanbagh
Branch: Mumbai
Tejganj,BURDWAN,Burdwan - I,Sripalli,Bardhaman,
West Bengal,713103 Bardhaman West Bengal 713103

Contact No: 8777277174

Application No: 240643144443

Subject: Your Loan Against Security Application Dated 07/06/2024

We are pleased to inform you that based on your above-mentioned application to Tata Capital Limited, (hereinafter
referred to as the “Company”) under its Loan Against Security program, has sanctioned the loan on the terms and
conditions mentioned hereafter and printed overleaf against the collateral of security:

The salient features of financial covenants of loan are as under:

Total Amount Tenor (With Purpose of Floating Rate Processing Service Pledge/Lien
Sanctioned auto Loan of Interest p.a. Charges Rs Charges Rs Mark Charges
(Revolving renewable
limit)Rs. option)

1,15,700 12 Months Personal 10.49% 649 To be paid as Nil


actual

Frequency Principal Sanction Moratorium Stamp Due Date of Mode of Renewal


of interest Payment Validity Charges Rs instalments payments Charges Rs
payment

Monthly Revolving 30 days Nil 350 On or before RTGS/NEFT Rs.


from the 3rd of every /FT/Cheque 999+GST
date of month
sanction

Charges for Legal Mandate Prepayment Default Instrument Liquidation


dishonor / Charges Rs rejection charges Rs interest swapping charges Rs
rejection of charges Rs payment (Per charges Rs
payment Annum)
instrument /
instruction

Rs. 600 As Actual Nil Nil 3% of the Nil 0.35% of sale


outstanding consideration
Stamp Ref No: IN-DL00887134509634W

per month + brokerage


applicable

Current TCL STPLR* Present Rate of Interest** Spread over TCL STPLR

9.4% 10.49% Floating 1.09%

Interest shall be due on the Interest Due Date, however the Borrower may make payment within 7 days from the Interest
Due Date. If the Borrowers fails to pay within this period, Additional Interest shall be charged and calculated from the
Interest Due Date.

Short term Prime Lending Rate – STPLR is the rate of interest announced by TCL from time to time as its retail prime
lending rate and shall govern the rate of interest for your loan contract from time to time. **In case you have opted for
Fixed Rate of Interest, the rate of interest shall be fixed for the period mentioned hereinabove and upon expiry of the
period of Fixed Rate of Interest, the Loan shall attract floating (Adjustable) Rate of Interest based on then prevailing TCL
STPLR. Such floating rate of interest shall vary in accordance with the TCL STPLR announced by the Company from
time to time as its Short-term prime lending rate plus/minus the spread prevailing at the time of sanction. TCL reserves
the right to auto renew the loan basis its internal credit – risk norms for such period as the Lender may decide from time
to time”

“In the event any amount is not paid when due, the account will be flagged as overdue as part of day-end process as
SMA or NPA (as the case may be) in accordance with the extant RBI Circular. Examples of classification of an account
as SMA/ NPA categories are provided on our website www.tatacapital.com at POLICIES, CODES and OTHER
DOCUMENTS --- TATA Capital Limited ----- RBI Circular on Provisioning . You may also browse the link https://bit.ly
/3mEzTjq by pasting it on browser. The borrower confirm that they have read, understood and accepted the same”.

TATA CAPITAL LIMITED


Corporate Identity Number U6990MH1991PLC060670
11th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013 Tel 91 22 6182 8282
Web www.tatacapital.com
Registered Office 11th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013
Stamp Ref No: IN-DL00887134509634W

Special Conditions:
As per RBI Circular number DNBR (PD).CC.No.028/03.10.001/2014-15 dated 10th April 2015, at any point, if the current
market value of shares falls below 100% (security cover of 2 times) of the value calculated at the time of loan disbursement,
the borrower will be called upon to make good the shortfall in security cover by any one or by a combination of these
methods:
(i)Reducing the loan amount by paying the shortfall in margin in cash. (ii) Giving additional security which is acceptable to
TCL.
If the limit is not repaid at the end of 1 year for whatever reasons excepting the renewal option taken by customer
a) TCL will have the first right to invoke the lien and sell the shares/securities and recover the outstanding of the loan.
If due interest is not paid for 30 days past due interest service date, TCL will have the first right to invoke the lien and sell
the shares/securities and recover the outstanding interest amount pending for more than 30 days of due date.
Gross cases: Provisions with respect to Tax Deducted at Source (“TDS”).
The Borrower hereby undertakes to provide TCL the TDS certificate in Form No. 16A downloaded from TIN Website on a
quarterly basis within 2 months from the end of the relevant quarter and ensure that the TDS amount is reflected in the
Form 26AS statement of TCL with ‘F’ status. If the foregoing is complied with, TCL will refund to the Borrower an amount
equivalent to the TDS amount paid by the Borrower, within 7 working days of upon receipt of the TDS Certificate.
However, TDS refund claim will not be entertained by TCL after 25th of July of the succeeding Financial Year
In the event of any subsequent change in the ‘F’ status reflected in the Form 26AS statement of TCL, TCL shall be entitled
to forthwith debit the TDS amount to the Borrower’s loan account and the same shall be considered as an outstanding and
recoverable along with additional/penal interest and all other applicable costs, charges and expenses.

Net off TDS cases: Provisions with respect to Tax Deducted at Source (“TDS”).
Where the Borrower pays the net interest amount after deducting the TDS to TCL, the Borrower hereby undertakes to
deposit the TDS with government treasury within the time specified by law and to provide TCL the TDS certificate in Form
No. 16A downloaded from TIN Website for each quarter within 2 months from the end of the relevant quarter. Within such
time, the Borrower shall also ensure that the TDS amount is reflected in the Form 26AS statement of TCL with ‘F’ status. In
the event, borrower fails to comply with the foregoing, TCL reserves the right to debit the TDS amount to the Borrower’s
loan account with effect from the interest payment date and the same shall be considered as an outstanding and
recoverable along with additional/penal interest and all other applicable costs, charges and expenses.

In such an event, the Borrower may request for credit of the TDS amount by furnishing of the TDS certificate not later than t
ill 25th July of the succeeding Financial Year. Provided that no refund shall be granted of the additional/penal interest and
all other applicable costs, charges and expenses debited to t the Borrower’s account.

In the event of any subsequent change in the ‘F’ status reflected in the Form 26AS statement of TCL, TCL shall be entitled
to forthwith debit the TDS amount to the Borrower’s loan account and the same shall be considered as an outstanding and
recoverable along with additional/penal interest and all other applicable costs, charges and expenses.

As per the directives issued by RBI, Company has adopted a Policy for “Determination of Interest Rates, Processing and
other charges”. The rate of interest applicable to the loan facility availed shall be as prevailing on the date/s of disbursement
/s and will be based upon the Company’s evaluation of the creditworthiness of the applicant/s the risk of profiling done by
the Company etc. The Company shall review and if necessary revise the rate of interest at any time and during the tenure of
the loan facility at its sole discretion. Policy and prevailing interest rates are published by the Company on its website.

Please note that this communication should not be construed as giving rise to any binding obligation on the part of TCL
unless (i) you have returned the duplicate copy of this letter duly signed in token of acceptance and, (ii) signed/executed the
agreements and (iii) signed/executed the security /other documents in connection with the aforesaid facilities. Till such time,
the sanction letter may be cancelled without any prior notice.
For other terms and conditions customer can refer to the provisions of the OD facility agreement.

Tata Capital Limited has adopted a Tata Code of Conduct ("TCOC") and all our employees and representatives are bound
by the same. A copy of the TCOC is available on the Tata Capital website i.e. www.tatacapital.com. In case you notice any
violation or potential violation of the TCOC by any of our employees or representatives, you may write to us at
ethics@tatacapital.com intimating us of the same.

For any Queries or complaints contact our customer care number 18602676060 or at e-mail ID customercare@tatacapital.
Stamp Ref No: IN-DL00887134509634W

com or on our website www.tatacapital.com Yours truly,


For Tata Capital Limited
THIS IS A SYSTEM GENERATED DOCUMENT AND DOES NOT NEED SIGNING SIGNATURE OF TATA CAPITAL
LIMITED

I/WE ACCEPT ALL THE TERMS and CONDITIONS WHICH HAVE BEEN READ AND UNDERSTOOD BY ME/US.

Date: 07/06/2024

TATA CAPITAL LIMITED


Corporate Identity Number U6990MH1991PLC060670
11th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013 Tel 91 22 6182
8282 Web www.tatacapital.com
Registered Office 11th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013
Stamp Ref No: IN-DL00887134509634W

Loan Against Security- Key Fact Statement and Loan Details

Place of Execution: As in Sanction letter


Date of Execution: As in Sanction letter
Name of Regulated Entity: Tata Capital Limited
Sr. Parameter Details
No.

i Loan amount (amount disbursed/to be disbursed 1,15,700


to the borrower) (in Rupees)

ii Total interest charge during the entire tenor of 12,136


the loan (in Rupees)

iii Other up-front charges, if any (break-up of NA


each component to be given below) (in
Rupees)

a Processing fees, if any (in Rupees) 649

b Insurance charges, if any (in Rupees) Nil

c Others (if any) (in Rupees) (details to be Service Charges – Nil, Credit Verification Charges and
provided) Pledge/ Lien Mark Charges - To be paid as actual

iv Net disbursed amount ((i)-(iii)) (in Rupees) 1,14,584 *

v Total amount to be paid by the borrower (sum of 1,27,836 **


(i), (ii) and (iii)) (in Rupees)

vi Annual Percentage Rate - Effective annualized 10.49% ***


interest rate (in percentage) (computed on net
disbursed amount using IRR approach and
reducing balance method)

vii Tenor of the Loan (in months/days) 12 Months (with auto renewable Option)

viii Repayment frequency by the borrower Monthly ****

ix Number of instalments of repayment 12 *****

x Amount of each instalment of repayment (in 1,011 ******


Rupees)

Details about Contingent Charges

xi Rate of annualized penal charges in case of For default in payment of interest and/ or principal
delayed payments (if any) amounts: 36% p.a

xii Rate of annualized other penal charges (if any); 1. Dishonor charges - Rs.600
(details tobe provided ) 2. Liquidation Charges - 0.35% of sale consideration
+ brokerage applicable
3. Legal charges - As Actual

Other disclosures

xii Cooling off/look-up period during which borrower 3 days from the date of loan disbursal
shall not be charged any penalty on prepayment
of loan
Stamp Ref No: IN-DL00887134509634W

xiv Details of LSP acting as recovery agent and Name: Volt Money, Address: Ground Floor, EBC Space 3
authorized to approach the borrower 166, 19th Main Rd, Sector 4, HSR Layout Bengaluru,
Karnataka 560102, Contact: 9810523475

xv Name, designation, address and phone number If you have any questions or concerns please feel free to
of nodal grievance redressal officer designated contact us.
specifically to deal with FinTech/ digital lending
related complaints/ issues Customer Service Team (Level 1):
You can reach us for any query/complaint by writing to us
at support@voltmoney.in.

Grievance Team (Level 2): If the Complaint/Grievance is


not redressed by the Customer Service Centre within 7
working days, the customer shall approach the Digital
Lending Grievance Redressal Officer (GRO) of the
Company at below details:

For Volt Money:


Name: Kapil Nagal
Designation: Grievance Officer
Office Address: Volt Money, Ground Floor, EBC Space 3
166, 19th Main Rd, Sector 4, HSR Layout Bengaluru,
Karnataka 560102
Contact number: +919810523475
Email id: grievance.officer@voltmoney.in

For Tata Capital Limited:


Name: Francyna Dias
Designation: Grievance redressal Officer
Office Address: 11th Floor, Tower A, Peninsula Business
Park, Ganpatrao Kadam Marg Lower Parel Mumbai 400013
Contact number: 18602676060

Disclaimers:
* Based on utilization of the customer
** Based on utilization of the customer and Floating rate p.a
***Based on utilization of the customer and floating rate p.a
**** Varies according to the utilization of customer
***** Varies according to the utilization of customer
****** Varies according to the utilization of customer

Terms and Conditions: Please refer to the terms and conditions on:
https://voltmoney.in/terms
Privacy Policy: Please refer to the privacy policy on:
https://voltmoney.in/privacy
LSP Details: Please click on link below:
https://www.tatacapital.com/partners.html

TATA CAPITAL LIMITED


Corporate Identity Number U6990MH1991PLC060670
11th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013
Tel 91 22 6182 8282 Web www.tatacapital.com
Registered Office 11th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013

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