Car Loan
Car Loan
1. PURPOSE
To purchase:
1.2 Old car/van/jeep/MUV/SUV, which are not older than three years.
(only for Harcobank Staff)
2. ELIGIBILITY
2.1(a) Confirmed / permanent employees of State/Central Govt. and their
Boards/ Corporation/ undertakings;
(b) Businessmen whose taxable income is more than 4.00 lakh including
depreciation as per latest ITR.
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(v) The minimum length of service must be completed of 3 years.
3. EXTENT OF LOAN
4. MARGIN
5. REPAYMENT PERIOD:
5.2 For Old Car/Van/Jeep/ MUV/SUV: The loan amount together with
interest is to be repaid maximum in 60 equated monthly installments.
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5.4 In case the loan is allowed to joint borrowers, it be ensured that atleast
one of the joint borrower(s) is able to repay the loan alongwith interest
upto the maximum prescribed age, i.e., within 65 years.
6. PERMISSIBLE DEDUCTION:
6.1 Repayment should be fixed on a realistic basis, which should not
exceed the prescribed limit of Net Monthly Salary/Income (NMS/I) of
the borrower(s).
6.2 NMS/I is equal to {Gross Salary / Income– Statutory Deductions such
as Income Tax, Professional Tax, Other Tax Liabilities, PF etc.} For
this purpose, all deductions including the proposed Car Loan
installment should not exceed the prescribed ceiling as under:-
7.1(a)For Salaried class:- Latest salary slip, Form16/ITR for the last 3 years
be taken, perused and placed on record. Assessment of Loan/
Repaying capacity be arrived at on the basis of latest salary slip;
(b)For businessmen :- latest 3 years ITR Returns
7.3 The regularity of income of borrowers over the entire span of loan
should be clearly established before sanction of loan.
9. PENAL INTEREST
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10. LATE PAYMENT CHARGES :-
a) Late payment charges Rs. 250/- plus taxes after 15 days of default.
b) Cheque bounce charges Rs. 250/- plus taxes per cheque.
13. INSURANCE:
15. GUARANTEE
The vehicle purchased will be hypothecated in favour of the bank and the
borrower will be responsible to get the necessary entries in this regard
made in the registration record within one month. The copy of the
Registration will be essentially furnished to the bank, for bank‟s record,
after recording of bank‟s hypothecation charge therein. Third party
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guarantee of the spouse or other legal heir will be provided. The
borrower will also provide at least one Post Dated Cheque as security
for the entire loan amount sanctioned. At least one employee of Govt.
of Haryana or its Board, Corporation etc. will also stand surety to the
loan amount.
17.4 a) The loan will be disbursed within one month from the date of
sanction;
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17.5 Three months‟ liability of other Bank loan can be waived while
calculating the loan eligibility.
FOR HARCOBANK EMPLOYEES ONLY
i) Employees at the time of availing loan should be posted at
Chandigarh and Panchkula;
ii) If an employee transferred to DCCBs, the installment of loan will be
serviced through LPC procedure / or PDCs.
18. DOCUMENTATION/ CHECK LIST:
The following documents to be obtained:
• Application– cum – appraisal / sanction Form
• Proforma Invoice.
• Letter of Sanction.
• Letter of Hypothecation –
• Irrevocable letter of authority from borrower authorizing the
employer to remit salary/installment and other amount payable
to the Bank cum letter of acknowledgement from employer–
Wherever applicable.
• Guarantee Deed (wherever applicable)
At location where ECS (Debit) is not available - Recovery/
Repayment of EMIs in Car loan accounts be considered
through PDCs /Standing Instruction. Mandate of the customers
for debiting their accounts through Advance cheques signed by
the borrower repaying monthly installments under the cover of
letter be obtained. Such Post dated advance cheques should be
obtained of that account whose statement of account is
obtained and not of the Bank where a shadow account is
opened just for getting cheque book.
OR
Wherever (debit)/ Standing Instructions are obtained, 2-3 PDCs
are to be procured/ maintained by the branches/ Retail Asset
Branches to keep remedy alive under Section-138 of Negotiable
Instruments Act.
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EMI CHART
Monthly installment of loan of Rs. 1.00 Lakh at different interest rates for different loan repayment periods
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THE ROHTAK COOPERATIVE BANK LTD; ROHTAK
3. i)Address
a)Residence Present*:
City/location __________________________________________
District _______________________________________________
Pin Code __________________ Country_____________________
b)Office ____________________________________________________
City/Location __________________________________________
District _____________________________________________
Pin Code _________________ Country ___________________
c)Residence Permanent
City/Location __________________________________________
District ______________________________________________
Pin Code _________________ Country ___________________
d)E-mail ID
e)Mobile No.
4. Telephone No. (with
STD Code)
a) Residence:
b) Office:
c)Mobile No.
5. Income Tax Pan No.*
(i) Voter ID No.* Any
(ii) Passport No.* one of
(iii) Driving Licence these
(iv)Aadhaar No.
6. Individual Type ❏ Salaried ❏ Businessman
7. a) Age (yrs)
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b) Dateof Birth
(dd/mm/yyyy)*:
c) Gender (male/female)
d) Marital Status ❏ Single ❏ Married
e) Number of
dependents in the
household
f) Earning Member, if
any, in family excluding
applicant
g) Banking with us ❏Yes ❏No
If yes, a/c no. ______________________ Branch_____________
Length of Service /
duration of current __________________________ _________________________
business
*Date of Retirement
*Designation
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17. Spouse Information
a) Name of the spouse: ________________________office Tel No. : _______________
b)occupation/ Profession: ____________________________________________________
c) Annual Income*: Gross____________________ Net: ____________________
d) Is she/he furnishing ❏Yes ❏No
guarantee?
e) Income Tax PAN no. __________________________________________________
(if any)
18. Details of Car Loan requested from Harcobank
a) Vehicle to be purchased Type :__________ Make:________ Model:_________
b) Total Cost of the Vehicle: Rs.__________________________________________
c)Margin/Applicant‟s Contribution Rs.__________________________________________
d) Loan amount Rs._________________________________________
e) Name & Address of the dealer ____________________________________________
to whom the payment is to be _____________________________________________
made
19. Repayment Period (yrs)
20. Monthly installment a) Amount (Rs.)
b) Mode ❏ Advance Cheques ❏ Standing instructions
21. Guarantor : Whether available ? ❏Yes ❏No
22. Name of the applicant borrower in whose
name vehicle to
be got registered (Applicable only in case of
joint borrowers)
I/We request for sanction of loan of Rs. _____________for purchase of ________________
(name of vehicle) on the basis of information given above.
It is declared that:
The information given in the loan application is true and nothing has been concealed. The
undersigned undertakes to inform the Bank any change in my residence / office address and to
provide any further information that the Bank may require. The undersigned has been
informed of the charges / fee to be levied by the Bank and agrees to pay upfront fee,
documentation charges, etc. as applicable and charged by the bank. The undersigned hereby
agree to be bound by these terms and conditions or by the revised additional terms and
conditions which may at any time hereafter be made while the loan obtained by me/us is still
outstanding.
I/We have read and have been advised the terms and conditions relating the scheme for
financing____________________________________(name of the vehicle) and I/We hereby
agree to be bound by these rules or by the revised additional terms and conditions which may
at any time hereafter be made while the loan obtained by me/us is still outstanding.
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In case the loan is sanctioned I/We authorize The Rohtak Coop. Bank Ltd;,
BO: ___________________________________ to remit the total cost of vehicle to M/s
________________________________________________. I/We have deposited/agreed to
Deposit with the bank the difference between the total cost of vehicle and the amount of loan
sanctioned and also agree to comply with all other prescribed formalities and also agree to pay
processing charges as applicable and charged by the bank.
Yours faithfully,
Note: All columns of the form should be properly filled up and supporting documents duly
signed by applicant wherever required should be attached, particularly those marked with a *. If
there is a co-applicant, he/she should fill up another form. If there is guarantor, he/she should
also fill up the guarantor information (Part II)
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THE ROHTAK COOPERATIVE BANK LTD; ROHTAK
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(b) If Salaried He/she works for
Designation
Name & Address of the Employer ________________________
_____________________________________________________
_____________________________________________________
Salary a/c with Yes No, If yes, 16 Digit account no. and if no details of
RccbRohtakban
k Salary Account with Bank, Branch and Account No
_____________________________________________________
Total Annual Income Last Year: Year before last:
(Rs.)
a) Salaried
b) Businessman
17. Having fully apprised myself of the particulars submitted in loan application dated
________________for ______________________________ (mention purpose ) loan of Rs..
___________________tobeconsideredbytheBanktoShri/Smt./Miss
______________________________________________________________________________
__________________________________________________________________________Son/
wife/Daughter of Shri________________________________________________________
_____________________________________________________________________________
I have agreed to furnish my guarantee for repayment of the loan. I hereby declare that I know the
above mentioned applicant (s) very well for the last _________ no. of years. The information
furnished by me is true and correct to the best of my knowledge & belief.
Date:
(Signature and name of Guarantor)
Place:
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THE ROHTAK COOPERATIVE BANK LTD; ROHTAK
Place:___________________
Date:____________________
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THE ROHTAK COOPERATIVE BANK LTD; ROHTAK
To,
________________________
________________________
Respected Sir/ Madam,
YOUR APPLICATION FOR PERSONAL CAR LOAN – SANCTION LETTER
We are pleased to inform that we have sanctioned a car Loan of Rs._________________ in your
favour for _______________________________________________________purchase of new Car
___________________________________ on the undernoted terms & conditions:-
SANCTION TERMS
Sanctioned Amount
Rate of Interest
Type of Interest Fixed
Margin 10%
Repayment Tenor
Number of EMIs
Repayment to be commenced from
Amount of EMI
Processing fee Rs. Documentation fee
Authorized Signatory
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(to be stamped as an agreement
Not to be attested)
LETTER OF HYPOTHECATION
(FOR CAR LOAN)
Place---------------
Date----------------
The Manager,
The Haryana State Coop. Apex Bank Ltd;
B.O. ___________________
Respected Sir,
In consideration of the Bank allowing/ agreeing to allow an advance by way of term loan of
Rs._______________ (`____________________________________________________) (the
“Loan”) for purchase of _________________________________________________(mention
the name and description of the vehicle, its make and registration etc.),
I/We__________________________________________________________________ (name/s)
son/ daughter/ wife of Shri _________________________________________________resident
of_________________________________________________________________________,
hereinafter referred to as the “Borrower” which shall, unless the context otherwise requires,
include his successors and assigns), hypothecate to the Bank the vehicle ( the “Hypothecated
Vehicle”) as security for the payment of the Loan along with interest, cost and other charges.
(The term Borrower, in case there is more than one borrower, shall include each one of them in
which case their liability shall be JOINT
& SEVERAL). The Borrower hereby agrees as under:-
1. The Bank is authorized to disburse the Loan direct to the vendor, whose bonafides have
been verified by the Borrower, together with the contribution/margin money which has
already been deposited with the Bank and the Bank will not be liable for any misdeed,
wrongdoing or deficiency in service and/or in the vehicle on the part of the vendor.
2. The Hypothecated Vehicle shall be used for personal use and will not be sold, given on
lease or on hire or otherwise parted with the possession or encumbered in any way till the
repayment of the Loan.
3. (i) The Borrower agrees that the amount of the Loan together with interest will be paid by
him regularly in ________ number of Equated Monthly Installments (the "EMI") of
`____________ (`_______________________________) comprising of principal and
interest and the first EMI shall become due for payment commencing
___________________________.
4. *(i) The Borrower irrevocably authorizes the Bank to recover the amount of EMI and other
charges from his SF/CA /OD accounts no._____________ maintained at the Bank‟s BO:
_________________ until the Loan is fully repaid and adjusted. The Borrower further
undertakes to keep sufficient balance in his said account for recovery of the EMI by the Bank.
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*(ii) The Borrower agrees to authorize his employer to remit his salary to the Bank‟s
BO_____________ for crediting to his above account.
*(iii) The Borrower hereby deposits post-dated cheques to facilitate the due payment of the EMIs
of the Loan as per the Schedule hereunder.
*(iv) The Borrower is willing to make the payment of EMIs of the Loan, through participation in
Electronic Clearing Service (ECS) of National Clearing Cell of RBI and authorizes the Bank to
raise the debits against the EMIs from his SF/CA/OD account No.__________ maintained at
BO:_________________________ of ____________Bank (Give name and address of the Bank)
through ECS for repayment of the Loan and understands that in the event of the Bank not
realizing payment from
ECS for any reason whatsoever, the Borrower shall pay the EMI to the Bank by cash or cheque
along with the interest for the delayed period.
The Borrower has given the necessary mandate/will comply with the procedural requirements for
participation in ECS and also bear any service charges/fees as prescribed by Bank/RBI from time
to time. To facilitate collection of the EMIs in the event of non-receipt of the EMIs by ECS, the
Borrower has provided the Bank with ______number of undated cheques for the amount of the
EMIs. The Borrower authorizes the Bank to fill up the dates as and when required, but without
being bound, to collect the cheques to meet defaults in payment of the EMIs.
5. The Borrower agrees that in case the Loan is pre-paid by availing loan from other bank/FI, he
will bear and pay the prepayment charges at ___% of the outstanding amount of the Loan pre-
paid.
6. Notwithstanding the above, in case the Borrower fails to pay any three EMIs (not necessarily
consecutive) or in the case of contravention of any of the terms and conditions herein or in case
the Hypothecated Vehicle is lost or destroyed or otherwise becomes unavailable or untraceable
as a result of theft or otherwise for any reason whatsoever, it shall be lawful for the Bank to
recall by a demand in writing the entire outstanding amount in the Loan account and the
Borrower shall pay the same
notwithstanding the period of EMIs fixed as aforesaid.
8. Notwithstanding the above, if the Bank, on the request of the Borrower, in its discretion
decides to make available to the Borrower the option of application of lower rate of interest, as
applicable to fresh Loans under the Scheme, it is open to the Bank tocharge and levy a
Switchover Fee at the rate prescribed by the Bank.
9. The Borrower agrees to pay penal interest at 3% p.a. with agreed rests in case of default in:
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a) Payment of interest and/or any installment on the due dates,
a.i
After 15 days of default 3% p.a. on default amount over and
above the normal rate of interest.
a.ii LATE PAYMENT CHARGES :-
10. The Borrower also agrees that in case the amount outstanding in the Loan account is not paid
by him after demand in writing by the Bank, it shall be lawful for the Bank and its officers to call
on him and take possession of the Hypothecated Vehicle.
In case of default on his part to deliver possession, it shall be lawful for the Bank and its
officers to take possession of the Hypothecated Vehicle from him and sell the same by private
contract or otherwise as pledge / hypothecate / mortgagee for adjustment of the Loan account at
his risk and responsibility, and get the same transferred in the name of the purchaser by signing
the necessary documents without reference to the Borrower and he undertakes to pay the amount
of shortfall, if any.
11. The Borrower undertakes to keep the Hypothecated Vehicle insured for its full value by
taking comprehensive policy in the joint names of the Bank and the Borrower with agreed Bank
clause with any Insurance Company approved by the Bank. The Borrower shall produce the
relevant policy or policies of insurance along with receipt of premium paid to the insurance
company from time to time for its inspection regularly. In case the Borrower fails to keep the
Hypothecated Vehicle insured and to produce such policy or policies and receipts to the Bank,
the Bank shall be at liberty, but not bound, to effect such insurance and pay such premium at the
Borrower‟s expense by debiting to the Loan account and the amount of premium shall form part
of the Borrower‟s indebtedness to the Bank under the Loan and be secured fully by the
hypothecation hereby created.
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c) that any adjustment, settlement, compromise or reference to arbitration in connection with any
dispute between the company and the insured or any of them arising under or in connection with
the insurance policy if made by the Bank shall be valid and binding on all parties, but not so as to
impair the right of the Bank to recover the full amount of any claim it may have on other parties
and
d) that any sum received under such insurance shall be applied in or towards liquidation of the
amount due to the Bank on account of the Loan, interest and other charges as aforesaid and in the
event of there being a surplus the same shall be refunded to the Borrower, if no other amount is
due from him.
13. The Hypothecated Vehicle will be got registered with the appropriate transport authority in
the joint names of the Bank and the Borrower.
14. The Borrower agrees and hereby gives to the Bank during the currency and for the payment
of the Loan, a general lien and right to set off; and combine accounts without notice; and charge
on all movable property of every description coming into the Bank‟s possession on account of
the Borrower for the time being held by the Bank on behalf of the Borrower whether singly or
jointly with others in India or elsewhere including, without prejudice to the generality, any
monies, bullion, deposits, deposit receipts, promissory notes, bill of exchange, cheques, railway
receipts, Govt. bills and other documents/securities of every description.
15. That any demand herein may be made on the Borrower by an officer of the Bank or any
notice in writing under the hands of any such officer either served personally on the Borrower or
left at or sent by post to him at his address registered/available with the Bank.
16. The Borrower hereby consents that in case he commits default in repayment of the Loan, the
Bank/RBI can disclose his name in such manner and through such medium, as they deem fit. The
Borrower further consents for disclosure of his name by the Bank to any credit information
company, as deemed fit.
SCHEDULE
DATE OF CHEQUES* AMOUNT
1.
2.
3.
4.
5.
Yours faithfully,
Signature-------------------------------
Name-----------------------------------
* Note: Advance cheques may be obtained under the Scheme. The number, amount and dates of
such cheques should be synchronizing with the number, amount and due dates of term Loan
installments. Such cheques should be drawn favouring „The Haryana State Coop. Apex Bank
Ltd; Chandigarh” and on the reverse of the cheques, „payment of installment in term Loan
account No. ____ „can be written.
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IRREVOCABLE LETTER (IN DUPLICATE)OF AUTHORITY FROM BORROWER
AUTHORISING THE EMLPOYER TO REMIT SALARY/INSTALMENT AND OTHER
AMOUNT PAYABLE TO THE BANK CUM LETTER OF ACKNOWLDGEMENT FROM
EMPLOYER
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To
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------------------------------------
------------------------------------
REG: __________________ LOAN OF ___________________________________________
(`__________________________________________________) A/C No.__________________
SANCTIONED TO ME BY The Rohtak Coop. Bank Ltd; Rohtak.
B.O.____________________________
Respected Sir,
The above loan has been sanctioned to me by The Rohtak Coop. Bank Ltd; Rohtak. *I hereby
authorise you to remit my salary every month to The Rohtak Coop. Bank Ltd; Rohtak
BO:______________________ for crediting my account No.
_________________________________________.
*I hereby authorise you to pay a sum of `_________(`._____________________
_____________only) every month from my salary to The Rohtak Coop. Bank Ltd;
Rohtak BO:__________________for credit to my aforesaid loan account No.
__________with them.
I hereby authorise you to remit the amount payable to me by way terminal benefits and gratuity,
by reason of my retirement, resignation or discontinuing in the service for any reason, to The
Rohtak Coop. Bank Ltd; Rohtak, BO:________________________ for
crediting to my aforesaid loan account No. _________ with them.
This authority is irrevocable until the loan amount mentioned above with interest is paid in full
and written consent of the Bank is obtained.
Yours faithfully,
PLACE: ____________
ADDRESS: ____________
_____________________ SIGNATURE_________________________
DATED: ____________ NAME OF EMPLOYEE__________________
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IRREVOCABLE LETTER OF AUTHORITY FROM BORROWER AUTHORISING THE
EMLPOYER TO REMIT SALARY/INSTALMENT AND OTHER AMOUNT PAYABLE TO
THE BANK CUM LETTER OF ACKNOWLDGEMENT FROM EMPLOYER
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To
------------------------------------
------------------------------------
------------------------------------
REG: __________________ LOAN OF ___________________________________________
(`__________________________________________________) A/C No.__________________
SANCTIONED TO ME BY The Rohtak Coop. Bank Ltd; Rohtak.
B.O.____________________________
Respected Sir,
The above loan has been sanctioned to me by The Rohtak Coop. Bank Ltd; Rohtak. *I hereby
authorise you to remit my salary every month to The Rohtak Coop. Bank Ltd; Rohtak
BO:______________________ for crediting my account No.
_________________________________________.
*I hereby authorise you to pay a sum of `_________(`._____________________
_____________only) every month from my salary to The Rohtak Coop. Bank Ltd;
Rohtak BO:__________________for credit to my aforesaid loan account No.
__________with them.
I hereby authorise you to remit the amount payable to me by way terminal benefits and gratuity,
by reason of my retirement, resignation or discontinuing in the service for any reason, to The
Rohtak Coop. Bank Ltd; Rohtak, BO:________________________ for
crediting to my aforesaid loan account No. _________ with them.
This authority is irrevocable until the loan amount mentioned above with interest is paid in full
and written consent of the Bank is obtained.
Yours faithfully,
PLACE: ____________
ADDRESS: ____________
_____________________ SIGNATURE_________________________
DATED: ____________ NAME OF EMPLOYEE__________________
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(to be stamped as an agreement
Not to be attested)
AGREEMENT OF GUARANTEE
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2. The Guarantor(s) hereby guarantee(s) jointly and severally to pay the bank
after demand in writing all principal, interest, costs, charges and expenses
due and which may at any time become due to the Bank from the
Borrower(s), on the accounts opened in respect of the said limits (hereafter
called the said accounts‟) down to the date of payment and also all loss or
damages, costs, charges the expenses and in the case of legal costs, as
between attorney and client occasioned to the bank by reason of omission,
failure or default temporary or otherwise in such payment by the
Borrower(s) or by the Guarantor(s) of any of them including costs (as
aforesaid) of enforcement or attempted enforcement of payment by suit or
otherwise or by sale or realization or attempted of sale or realization of any
security for the said indebtedness or otherwise howsoever or any costs
(which costs to be as aforesaid) charges or expenses which the Bank may
incur by being joined in any proceeding to which the Bank may be made or
may make itself party either with or without others in connection with any
such securities or any proceeds thereof.
3. The Guarantee(s) hereby declare(s) that this guarantee shall be a continuing
guarantee and remain operative in respect of each of the said limits
severally and may be enforced as such in the discretion of the Bank, as if
each of the facilities/limits had been separately guaranteed by him/her/
them. This guarantee shall not be considered as cancelled or in any way
affected by the fact that at any time or from time any of the said accounts
may show on liability against the Borrower(s) or may even show credit in
his/her/their favour but shall continue and remain in operation in respect of
all subsequent transactions till the accounts are closed.
4. The Guarantor(s) hereby consent(s) to the bank making any variance
without reference or notice to him/her/them, that it may think fit in the
terms of contract, including any change in rate of interest charged to the
account, with the Borrower(s). The Guarantor(s) further consent(s) to the
Bank accepting additional collateral security of any kind, determining
enlarging or varying any credit to him/her/them or making any composition
with him/her/them or promising to give him/her/them time are not sue
him/her/them and to the Bank parting with any security it may hold for the
guaranteed debt. The Guarantor(s) also agree(s) that he/she/they shall not
be discharged from his/her/their liability by the bank releasing the
Borrower(s) or by any action or omission of the Bank, the legal
consequences of which may be to discharge the Borrower(s) or by any act
of the Bank which would, but for this present provision be inconsistent with
his/her/their rights as guarantor(s) or by the Bank‟s omission to do any
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act which, but for this present provision, the Bank‟s duty to the
Guarantor(s) would have required the Bank to do. Though as between the
borrower(s) and the guarantor(s) he/ is she /they are guarantor(s) only, the
guarantor(s) agree(s) that as between the Bank and guarantor(s) he/she/they
are debtor(s) jointly with the borrower(s) and accordingly he/she/they shall
not as such be entitled to claim the benefit of legal consequences of any
variation in the terms of the contract and to any of the rights conferred on a
Guarantor by Sections 133,134,135, 139 and 141 of the Indian Contract
Act. The Guarantor(s) further agree(s) that the acceptance by the Bank of
any irregular payments or any amount short of the amount of agreed
installment/s, whether made before or on due dates or thereafter by the
Borrower(s), shall not discharge the Guarantor(s) from his/her/their liability
and such acceptance will not amount to or create any new or fresh contract.
The Guarantor(s) further agree(s) that the Bank shall be under no obligation
to notify him/her/them, any default committed by Borrower(s) at any time
or from time to time.
5. The Guarantor(s) hereby consent(s) to the Bank renewing from time to
time the said ______________ limits of Rs._______________ allowed to
the Borrower(s) obtaining fresh documents from him/her/them closing the
existing accounts, opening new accounts, or transferring the same or part
thereof to any branch of the Bank. Notwithstanding this, the Guarantor(s)
agree(s) and declare(s) that he/she/they shall remain liable to the bank for
any indebtedness of the Borrower(s) under the renewed limit and terms and
conditions of this deed shall apply and govern their liability under the
renewed limit.
6. The Guarantor(s) further declare (s) that all dividends, compositions or
payment received by the bank from Guarantor(s) or any other persons
liable to him/her/them or his/her/ their representative shall be taken and
applied as payment in gross and the Guarantor(s) and his/her/their
representatives shall have no right to claim the benefit of any such
dividends, compositions or payment until full amount of all claims of the
Bank against the Borrower(s) and his/her/their representatives which are
covered by this guarantees shall have been paid.
7. No advance, overdraft or other credit facilities that the Bank may give to
the Borrower(s) beyond the limit mentioned in para No.1 above or
obtaining of any other guarantee or security from the Borrower(s) shall
determine, prejudice or lessen the liability of the Guarantor(s) hereunder.
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8. The Guarantor(s) further agree(s) that any accounts settled between the
Bank and the Borrower(s) or the balance admitted or confirmed by
him/her/them or his/her/their authorized agents as due on the said accounts
to the Bank will be conclusive and shall not be disputed or questioned by
the Guarantor(s).
10. In case the Bank sells the hypothecated, pledged or mortgaged security/ies
held in the loan account, the Guarantor(s) agree(s) that the Bank may sell
said securities without giving any notice of such sale of the Guarantor(s).
The Guarantor(s), agree(s) that he/she/they will not question the sale or the
sale price in any manner or on any ground whatsoever.
11. In case the amount guarantee by the Guarantor(s) is paid by the Borrower(s)
to the Bank and the Bank in consequence discharges the Guarantor(s) from
all liabilities under this guarantee, but it is subsequently determined by a
Court of Law or otherwise that the said payment was a fraudulent
preference and the Bank is made to refund the said amount, the
Guarantor(s) liability to the Bank on the basis of this guarantee shall revive
to the same extent and in the same manner as if such payment had never
been made.
12. The Guarantor(s) also agree(s) that the Bank may enforce the guarantee
without enforcing, selling or realizing any of the securities kept under lien,
hypothecated, pledged or mortgaged with it, notwithstanding that any bills
or other instruments given by the Borrower(s) in the said account may be in
circulation for collection and outstanding.
13. The guarantee hereby given shall not be determinable or taken as satisfied
by the Guarantor(s) except on the terms of his/their making full payment
upto the limit of his/their guarantee for any then outstanding liabilities or
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obligations on the said account. The guarantee shall not be affected by his/their
death or insanity until the Bank shall have received formal authentic notice in
writing thereof.
14. If the Guarantor(s) has/have or shall hereafter take any security from the
Borrower(s) in respect of his/their liability under this guarantee, the
Guarantor(s) will not prove in the liquidation of the Borrower(s) in respect
thereof to the prejudice of the Bank and such security shall stand as security
and shall be forthwith deposited with the Bank.
15. So long as any money remains owing under this guarantee, the bank shall
have lien on all moneys standing to the credit of guarantor(s) and on any
securities or goods in the hands of the bank belonging to any of the
Guarantor(s) and the Bank shall be entitle to appropriate/set off/realize to
same.
16. The absence of infirmity in the borrowing powers on the part of the
Borrower(s) or any irregularity whatsoever in the exercise thereof shall not
affect the liability of the Guarantor(s) and any moneys advanced to the
Borrower(s) shall be deemed to be due and owing notwithstanding such
absence, infirmity or irregularity and this guarantee shall not be affected by
any changed in the name or constitution of the Borrower(s). It is further
expressly agreed that this guarantee shall remain enforceable against the
Guarantor(s) irrespective of the fact whether the contract between the
Borrower(s) and his/their creditor is enforceable at law or now. It is also
expressly agreed that in case the guarantee given by the Guarantors cannot
be enforced or becomes unenforceable at law for any reason whatsoever,
the guarantee given hereunder be enforced as an indemnity against the
Guarantor(s) and he/they agree(s) and undertake(s) indemnify and
reimburse the Bank for any loss, damages, costs and other charges which
the Bank may have to recover the realize from the Borrower(s) in his/their
accounts with it.
17. Any notice by the Bank in writing under this guarantee or a demand in
writing shall be deemed to have been duly given to the Guarantor(s) be
sending the same by post addressed to him/them at the address hereunder
written and shall be effectual notwithstanding any chance of residence or
death and notwithstanding the notice therefore to the Bank and such demand
shall be deemed to have been received by the Guarantor(s) 24 hours after the
posting thereof and shall be sufficient to prove that the letter containing the
demand was properly addressed and posted.
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18. The Guarantor(s) agree(s) that a copy of account of the principal debtor(s)
contained in the Bank books of account signed by the Manager for the time
being of the office at which such accounts shall be kept or any officer of the
Bank shall be conclusive evidence against him/them of the account for the
time being due to the Bank from the principal debtor(s) in any accounts or
other proceedings brought against him/her/their upon this guarantee.
Accordingly, The Guarantor(s) hereby agree(s) and give consent for the
disclosure by the bank of all or any such;
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Guarantor(s) undertake(s) that:-
(a) The Credit Information Bureau (India) Ltd; and any other agency so
authorized may use, process the said information and data disclosed by the
Bank in the manner as deemed fit by them; and
(b) The Credit Information Bureau (India) Ltd; and any other agency so
authorized may furnish for consideration, the processed information and data
or products thereof prepared by them, to Bank/financial Institutions and
other credit grantors or registered user, as may be specified by the Reserve
Bank in this behalf.
21. That the Guarantor(s) agree(s) not to induct a person, who has been
identified as „willful defaulter‟ as per definition given as per RBI
directions/guidelines, as a director on its Board. If any defaulter, who is a
“willful defaulter” as per definition referred to above, is on the Board of
Guarantor(s) the Guarantor(s) undertake/s to get him/her removed from its
Board. The guarantor(s) agrees(s) to make necessary amendments, if need
be, in its regulations to make above requirement as a ground for removal of
directors and furnish a copy of regulation as amended, to the bank
(applicable in case of Company only)
In witness whereof the Guarantor(s) and the Bank have set their hands
hereunto on ______________ day ____________ 20
Guarantor(s)
1. 2.
Signature _____________________ Signature ________________________
Name ________________________ Name ___________________________
Occupation ___________________ Occupation _______________________
Address _______________________ Address _________________________
WITNESS:
1. ______________________________
2. ________________________________
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