Loan Sanction Details for Sinchana N
Loan Sanction Details for Sinchana N
Dear Sir/Madam,
On the basis of your application for availing the loan (“Loan”) on the ZeroPe app, the Lender (as defined below) is/are pleased
to sanction the loan facility (“Loan”) on the below terms and conditions:
S.
Parameter Details
No.
i Applicant Name (Borrower) Sinchana N
Mukut Finvest & Properties Private Limited, a Company having its registered
ii Name of the Regulated Entity (Lender) office at 304, 3rd Floor, Ratan Jyoti Building 18, Rajendra Place, New Delhi
110008
vii Digital Lending Application Mobile-based platform “ZeroPe”, owned, developed and operated by the LSP
xxv Penal charges, if any (in Rupees) Refer to the "Penal Charges Table" attached in the end of the loan agreement
Digitally signed by
[Link]
Name: DS MUKUT FINVEST AND
PROPERTIES PRIVATE LIMITED 1
Date: 30 Nov 2024 [Link] IST
Digitally Signed by Sinchana N
Date: 2024.11.30 [Link] IST
Other Disclosures
Cooling off 3 days from the date of disbursal of the Loan (Please note proportionate interest and other charges (other than
xxx
period prepayment or foreclosure charges) shall be levied during the period)
Recovery
xxxi Third Unicorn Private Limited (Kindly make the payment on or before the due date)
agent
For LSP
Level 1:
contact@[Link]
Grievance
xxxii For Lender
Redressal
Level 1:
grievance@[Link] Level 2 (if Level 1 does not resolve within 7 days): Nodal Officer – 9873666013
Level 3 (if the grievance remains unresolved for more than 30 days): RBI complaints portal at
[Link]
ZeroPe
xxxiii [Link]
Privacy Policy
ii Tenure 8
v No of EMI upfront 0
[Link]
Digitally signed by
Name: DS MUKUT FINVEST AND
PROPERTIES PRIVATE LIMITED 1
Date: 30 Nov 2024 [Link] IST
Digitally Signed by Sinchana N
Date: 2024.11.30 [Link] IST
Other Sanction Terms and Conditions
1. The sanction and disbursal of the loan amount is subject to execution/acceptance of the Loan Agreement annexed as
Annexure A, registration of E-NACH for repayments and other conditions as per Loan Agreement Annexure A.
2. The loan amount disbursed by the Lender shall be utilized solely for the purpose it is being sanctioned and no other
purpose. The Lender reserves the right to call for any document/information for loan amount utilization by the Borrower.
3. The Borrower shall inform the Lender in writing about any change in the permanent/ correspondence addresses or contact
details (as the case may be) immediately.
4. The terms of this Sanction Letter summarize certain basic terms of the Loan facility. It is not the definitive/exhaustive list of
all the conditions of the Loan facility. The detailed terms and conditions of the Loan facility are contained in the Loan
Agreement annexed as Annexure A.
5. The Parties agree that the Loan Agreement shall be read in conjunction with the Sanction Letter and in case of any conflict
or inconsistencies, the provisions of the Sanction Letter shall prevail.
6. Notwithstanding the issuance of this Sanction Letter and acceptance thereof, the Lender may in its sole discretion decide to
not disburse the Loan, rescind/withdraw Sanction Letter, without assigning any reasons.
7. The Borrower shall be required to pay all duties, taxes, costs, stamp duty and statutory levies and such other charges, that
may be imposed by the statutory authorities from time to time pertaining to or in connection with the Loan Documents.
8. The Borrower expressly agree and acknowledge that the LSP is only acting as facilitator in obtaining the Loan from the
Lender and for performing activities such as assisting in loan application, disbursal, collection etc., as may be authorized by
the Lender. The final decision to whether to approve or reject any Loan or disburse the Loan (in part or full) or rescind/withdraw
the Sanction Letter, with or without assigning any reasons, resides to the sole discretion of the Lender. LSP does not have any
influence over the Lender’s decision.
9. During the Tenure of the Loan, the Borrower authorizes the Lender/LSP to obtain/access the credit information of the
Borrower from time to time from the credit bureaus. Any default in the payment of the Loan may be reported by the Lender to
the credit bureau, regulators, statutory authorities and other financial institutions.
Electronic Acceptance
1. The Borrower acknowledges and accepts that on receipt of the one-time password, access code or other forms of secure
authentication initiated through the ZeroPe Platform, this Sanction Letter and the Loan Agreement annexed as Annexure A
shall be deemed to be executed/ accepted by the Borrower. It is the sole responsibility of the Borrower to ensure that the one-
time password, access code or other forms of secure authentication is not compromised or shared with any other person.
2. The Lender and the LSP shall have no obligation to verify the authenticity of any transaction or instruction received or
purported to have been received from the Borrower through the ZeroPe Platform or purporting to have been sent by the
Borrower other than by means of verification of the one-time password, access code or other forms of secure authentication.
3. All the records of the Lender and the LSP with respect to the online request for Loan facility arising out of the use of the
ZeroPe Platform and arising out of the use of the one-time password, access code or other forms of secure authentication
shall be conclusive proof of the genuineness and accuracy of the transaction and shall be binding on the Borrower.
Please note that this is an auto-generated Sanction Letter and Loan Agreement (as per Annexure A) based on the borrower’s request for the loan and
the Borrower’s electronic acceptance of this Sanction Letter and Loan Agreement (as per Annexure A) shall constitute the acceptance of the terms of
the loan and no separate signature is required. Upon the electronic acceptance of this Sanction Letter and Loan Agreement (as per Annexure A), the
borrower shall be bound by the terms and conditions contained herein.
[Link]
Digitally signed by
Name: DS MUKUT FINVEST AND
PROPERTIES PRIVATE LIMITED 1
Date: 30 Nov 2024 [Link] IST
Digitally Signed by Sinchana N
Date: 2024.11.30 [Link] IST
Annexure A – Loan Agreement
This Loan Agreement (“Agreement”) entered on and effective as on the date 30 Nov 2024 2:54 PM at New Delhi, by and
between
1. Mukut Finvest and Properties Private Limited, RBI registered Non-Banking Financial Company, having its office at 304,
3rd Floor, Ratan Jyoti Building 18, Rajendra Place Delhi-110008 (the “Lender”, which expression shall, unless repugnant to
the context or meaning thereof include its successors and assigns); The lenders registered on the Lender’s platform
identified by lender group which expression shall, unless repugnant to the context or meaning thereof include its
successors and assigns;
AND
The Lender and the Borrower shall hereinafter be individually referred to as ‘Party’ and collectively as ‘Parties’. Any
capitalized term not defined herein shall have the same meaning assigned to it under the Key Fact Statement (KFS).
RECITALS
1. The Lender is an RBI registered non-banking financial company and is inter alia engaged in the business of advancing
loans and other financial facilities.
2. The Borrower has approached the Lender through the ZeroPe Platform for grant of the Loan facility. Basis the
information and/or documents submitted by the Borrower through its application for the grant of the Loan facility and in
reliance of the acceptance of the terms & conditions of the KFS, the Lender has agreed to grant the Loan on the terms and
conditions mentioned in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, agreements, representations, warranties, and indemnities
set forth in this Agreement, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged
by the Parties, the Parties hereby agree as follows:
1. DEFINITIONS
1.1. Definitions: All capitalized terms used in this Agreement unless context otherwise so requires, shall have the following
meanings:
1.1.1. Agreement: Means this Agreement, and shall include any schedule, annexure, appendix, any and all amendments,
additions, deeds, undertakings, declarations and alteration whether by way of a supplemental agreement or otherwise to
the terms contained herein.
Lender Borrower
Digitally signed by
Name: DS MUKUT FINVEST AND
PROPERTIES PRIVATE LIMITED 1
Date: 30 Nov 2024 [Link] IST
Digitally Signed by Sinchana N
Date: 2024.11.30 [Link] IST
1.1.2. Borrower(s): shall, mean and include any person specified as Borrower in this agreement and unless repugnant to
the context or meaning thereof be deemed to include his / her / its/ their heirs, legal representatives, successors, permitted
assigns, executors, receivers, administrators as the case may be.
1.1.3. Cooling Off Period- shall mean the period as during which the Loan Amount can be repaid by the Borrower, without
any prepayment/foreclosure charges.
1.1.4. Digital Lending Application: shall refer to all websites (including all associated site links) and/or mobile based
application/platform namely Platform owned, developed and operated by the LSP from time to time.
1.1.5. Installment Amount: means the amount to be paid by the Borrower at such frequency for repayment of the interest
only or principal Loan Amount along with applicable Rate of Interest (as applicable depending upon the Repayment options
opted by the Borrower);
1.1.6. Installment Frequency: means the frequency of the payment of the Installment Amount for the repayment of the Loan
Amount.
1.1.7. Rate of Interest: means rate of interest per annum applicable on the Loan Amount;
1.1.8. Loan Amount: means the loan amount to be availed by the Borrower in a single or multiple tranches accordance with
this Agreement;
1.1.9. Loan Documents: means, collectively, this Agreement and KFS and such other documents as may be required to be
executed with reference to Loan Amount being availed by the Borrower;
1.1.10. Lending Service Provider: shall refer to the party specified as in the KFS;
1.1.11. Material Adverse Change: shall mean any one or more events, conditions, or circumstances which, in the opinion of
Lender, could reasonably be expected to adversely affect the financial condition of the Borrower or the ability of the
Borrower to perform or comply with its material obligations under the Loan Documents.
1.1.12. Payment Instrument: shall mean NACH debit mandate/NEFT/RTGS/cheques/ any instruction(s) issued/registered
by the Borrower for repayment of the outstanding dues under this Agreement (including but not limited to Loan Amount
along with Rate of Interest, Penal Charges and/or any other charges) through electronic mode or otherwise.
1.1.13. Penal Charges: shall mean additional charges levied by the Lender over and above the Rate of Interest due to the
delay in payments by the Borrower and/ or occurrence of breach of other obligations/covenants under the Loan
Documents.
1.1.14. Key Fact Statement (KFS): shall mean letter/document issued by the Lender (either on its own and/or through LSP)
to the Borrower which contains the terms and conditions of the Loan and which forms part of the Loan Documents.
1.1.15. RBI: Means the Reserve Bank of India, established under the Reserve Bank of India Act, 1934.
1.1.16. Tenure: means the period in which the loan is to be repaid by the Borrower along with interest as per applicable
Rate of Interest and other charges as per the Loan Documents.
1.1.17. Settlement Amount: means the total amount collected and payable (after adjustment of the applicable service
charges) by the LSP to the Borrower on account of
Lender Borrower
Digitally signed by
Name: DS MUKUT FINVEST AND
PROPERTIES PRIVATE LIMITED 1
Date: 30 Nov 2024 [Link] IST
Digitally Signed by Sinchana N
Date: 2024.11.30 [Link] IST
transactions carried out on UPI, POS machines and/or or such other products offerings made available to the
Borrower through ZeroPe Platform;
2. TERMS OF LOAN
2.1. The Lender shall not make any disbursement until the Loan documents have been duly executed by the Borrower to
the satisfaction of the Lender.
2.2. The Loan Amount would be disbursed only after receiving the upfront interest and selected number of EMIs (if
applicable) as mentioned in the Key Fact Statement under the “Total upfront amount” head. .
2.3. The Borrower undertakes that the Loan Amount shall be utilized for lawful purposes. The Lender reserves the right to
call for any document/information for loan amount utilization by the Borrower.
2.4. The disbursement of the Loan Amount to the Borrower shall be made in the bank account of the hospital.
2.5. The Borrower undertakes that the Payment Instrument issued/registered by the Borrower for the repayment of the
Loan Amount shall not be cancelled/ stopped under any circumstances during the Tenure of the loan or till the entire dues
as per this Agreement are fully paid and a discharge/no dues certificate is issued to the Borrower, whichever is later.
2.6. The Borrower undertakes to give any other documents/details such as KYC documents, financial documents [Link]
the Lender may demand from time to time in order to review its Loan.
2.7. The Borrower agrees that the Lender has adopted risk-based pricing which is arrived at after considering broad
parameters like customer profile, financials, sources of funds, risk profile(credit history) of the customer, nature of lending
etc. and hence rate of interest may differ across Borrowers.
2.8. Under this Loan Agreement, the Lender has authorized the LSP to perform the following activities as part of the
facilitation services (“Loan Facilitation Services”) through ZeroPe Platform: (a) Assisting the borrower making an
application for the Loan from the Lender and submission of the required documents for availing the Loan (b) assisting in
disbursement of the Loan through ZeroPe Platform or such other means as may be authorized by the Lender (c) assisting
in collections for the Loan through ZeroPe Platform or such other means as may be authorized by the Lender (d) assisting
in loan servicing such as providing details of the loans/ repayments/ due amounts to the Borrower and/or resolving any
queries/ complaints/ clarifications with respect to Loan and/or coordinate with the Lender for providing any information with
respect to the Loan (e) act as a recovery agent for contacting the Borrower in case of default in repayment of the Loan (f)
such other Loan Facilitation Services as may be agreed between the Lender and LSP from time to time and notified to the
Borrower.
3. RATE OF INTEREST
3.1. The Borrower shall pay the Rate of Interest as specified in the KFS on the Loan Amount.
3.2. The Rate of Interest on the Loan Amount shall begin to accrue simultaneously in favor of Lender with the disbursement
of the Loan Amount in the bank account specified in KFS without concerning itself delay in actual realization (in the bank
account of the hospital) due to any technical or other issues.
Lender Borrower
Digitally signed by
Name: DS MUKUT FINVEST AND
PROPERTIES PRIVATE LIMITED 1
Date: 30 Nov 2024 [Link] IST
Digitally Signed by Sinchana N
Date: 2024.11.30 [Link] IST
3.3. The Borrower agrees and acknowledges that the Lender shall, at any time and from time to time, be entitled to change
the Rate of Interest, at its sole discretion. In such an event the term 'Rate of Interest' shall for all purposes mean the
revised interest rate, which shall always be construed as agreed to be paid by the Borrower.
3.4. The Borrower acknowledges and understands that the Lender may notify the Borrower about any revision in Rate of
Interest or any of the fee/ charges through: (a) A letter or email at the address provided by the Borrower(s) to the Lender
and/or through LSP; OR (b) SMS or any other electronic/ telephonic message on the telephone/ mobile number registered
by the Borrower(s).
3.5. Any changes in Rate of Interest and charges are effective prospectively, with effect from the date mentioned in the
notice/ communication to the Borrower.
4. PENAL CHARGES
4.1. Upon occurrence of any of the Events of Default as specified in Clause 9, the Borrower shall be liable to pay
penal charges as specified in the KFS for any default/delay in repayment of the Loan Amount and/or breach of any
of the conditions of the Loan Documents.
4.2. The payment of the penal charges shall not absolve the Borrower of the other obligations or shall not affect
any of the other rights of the Lender, under the Loan Documents.
4.3. The slab for EMI is decided on the basis of originally Defaulted Principal Amount (for eg. if somebody defaults
on 1st EMI due on 01/07/2024 for Rupees 500, then a penalty of Rupees 100 would be levied on 06/07/2024 – after
the passage of grace period of 5 days. If they default on the 2nd EMI due on 01/08/2024 for Rupees 500, then an
additional penalty of Rupees 100 would be levied on 01/08/2024 for still not paying the 1st EMI and a penalty of
Rupees 100 for missing the 2nd EMI).
4.4. The Lender expressly reserves all the other rights that may accrue to it on any default by the Borrower as per
the Loan Documents.
5. REPAYMENT
5.1. During the Tenure of the loan, the Borrower shall repay the Loan Amount by making payments of Installment Amount
as per the Installment Frequency specified in the KFS. The Borrower understands and acknowledges that timely payment
of the Installment Amount shall be the essence of the Loan Documents executed between the Parties.
5.2. The Borrower shall be entitled to a Cooling Off Period as specified in the KFS. During the Cooling Off period, the
Borrower shall have the right to foreclose the Loan sanctioned to it, without any prepayment/foreclosure charges as
specified in KFS. The Borrower shall be liable to pay the applicable proportionate interest/charges/fees (other than
prepayment/foreclosure charges) as per the KFS during the Cooling Off period.
5.3. Without prejudice and/ or waiver of the Lender’s rights, in the event, that the Settlement Amount is not sufficient for
deduction of the Installment Amount and/or
5.3.1. To pay the outstanding due amount under the Loan Documents
5.3.2. To pay penal charges for such a period until all the outstanding due amount is repaid by the Borrower(s).
5.4. In the event, the aforesaid repayment mode (i.e. deduction from Settlement Amount) is not applicable or available, the
Borrower shall make payment of the Installment Amount as per the Installment Frequency through any other mode such as
NEFT, UPI, debit card, net banking or any such other mode made available through the LSP.
Lender Borrower
Digitally signed by
Name: DS MUKUT FINVEST AND
PROPERTIES PRIVATE LIMITED 1
Date: 30 Nov 2024 [Link] IST
Digitally Signed by Sinchana N
Date: 2024.11.30 [Link] IST
5.5. If the Borrower fails to pay any amount when due, under the Loan Documents and/or the Borrower’s Payment
Instrument is dishonored, such unpaid amount shall bear penal charges from the date such amount is due until the date on
which such amount is paid in full.
5.6. The Borrower shall be required to pay all duties, taxes, costs, stamp duty and statutory levies and such other charges,
that may be imposed by the statutory authorities from time to time pertaining to or in connection with under the Loan
Documents.
6. APPROPRIATION
6.1. All amounts received from the Borrower shall be applied in the following order of priority: (A) firstly towards fees, costs,
charges and expenses of the Lender, (B) secondly, towards any fee, charges, penal charges and other delay charges, (C)
thirdly, towards payment of any outstanding interest on the Loan, (D) fourthly, towards the outstanding principal amount of
the Loan in a chronological manner (the amount would be used towards the EMI defaulted first and then second and so
on) and (E) any other loan/dues payable by the Borrower. The Lender may vary the order set out hereinbefore at their
discretion.
7. PREPAYMENT/FORECLOSURE
7.1. Subject to applicable laws, the Borrower may prepay the whole or any part of the Loan Amount together with
applicable interest and other charges as per the KFS.
7.2. In the event Lender permits any part pre-payment/acceleration of the Loan Amount in terms of this Loan Document,
then the Installment Amount and Tenure for the Loan can be amended /revised in writing by the Lender for giving effect to
such prepayment/ acceleration, and such amended/revised Installment Amount and Tenure shall be binding upon the
Borrower.
8.1.1. The Borrower is fully empowered to enter into this Agreement and to perform obligations hereunder in the Loan
Documents and the Loan Documents duly executed and delivered by the Borrower as may be required, and constitute/
shall constitute a legal, valid and binding obligation of the Borrower, as the case may be, enforceable against the Borrower
in accordance with their respective terms.
8.1.2. The Borrower shall perform all its obligations under this Agreement.
8.1.3. The Borrower is financially solvent and has adequate net worth to be able to perform their obligations under this
Agreement.
8.1.4. The execution and delivery of this Agreement and documents to be executed in pursuance hereof, and the
performance of the Borrower’s obligations hereunder does not and will not: (i) contravene any applicable law, statute or
regulation or any judgment or decree to which the Borrower and/or its assets, businesses and/or undertakings is subject,
(ii) conflict with or result in any breach of, any of the terms of or constitute default of any covenants, conditions and
stipulations under any
Lender Borrower
Digitally signed by
Name: DS MUKUT FINVEST AND
PROPERTIES PRIVATE LIMITED 1
Date: 30 Nov 2024 [Link] IST
Digitally Signed by Sinchana N
Date: 2024.11.30 [Link] IST
existing agreement or contract or binding to which the Borrower is a party or subject, as the case may be;
8.1.6. Neither the Borrower, nor any person acting on its behalf, has been engaged in (a) any corrupt / fraudulent practices
/ collusive / coercive practices in connection with the Borrower’s business or operations (b) money laundering; or (c) the
financing of terrorism.
8.1.6. The Borrower further acknowledges and confirms that the information and/or documents including but not limited to
KYC documents provided to Lender in connection with the loan does not contain any untrue statement of a material fact,
nor does it omit to state a material fact necessary in order to make the statements contained therein not misleading in light
of the circumstances under which such statements were or are made.
[Link] Borrower understands that the he/she may avail any third party service as long as it is within the purview of the
purpose mentioned in this agreement. Having availed that, the Parties would not be responsible for the quality of the
services or goods availed by the Borrower. The Parties would also not be responsible for any claims or damages arising
out of such arrangements between the Borrower and the third party.
8.1.8. The borrower confirms that her/his nationality is Indian. He/She is above 18 years of age. The Borrower also
confirms that except to the extent disclosed to the Bank, no director or a relative of a director of a banking company or a
relative of a senior officer of the Bank (as specified by RBI) is – the applicant(s), or a partner, managing agent, manager,
employee, director of our concern, or of our subsidiary or our holding company, or a guarantor on my/our behalf, or holds
substantial interest in our concern or my/our subsidiary or holding company.
8.1.9. The Borrower agrees that neither he/she or any other beneficiary/related party of this loan agreement is designated
as Specially Designated National (SDN) by India or any other country during the entire tenure of the loan (from the date of
on-boarding to the date of last repayment).
8.1.10. The Borrower confirms that he or she is not a Politically Exposed Person nor related to one. They also agree to
inform the party in case of change in status while they are in this contract.
8.2. Indemnity:
8.2.1. The Borrower shall, without prejudice to any other right of Lender, indemnify and keep indemnified and hold Lender,
its officer/employees/agents/affiliates harmless against any and all liabilities, obligations, losses, damages, penalties,
actions, judgments, suits, costs expenses or disbursements of any kind or nature whatsoever (including without limitation,
fees and disbursements of lawyers) which may be imposed on, incurred by, or asserted against Lender in any claim,
litigation, proceeding or investigation instituted or conducted by any governmental agency or instrumentality or any person
or entity, and which are related directly or indirectly to this Agreement or any document executed pursuant hereto, whether
or not Lender is a party thereto, and shall pay and reimburse to Lender, without any dispute or demure any losses, costs,
charges or expenses which Lender shall certify as sustained or suffered or incurred by Lender as a consequence of
occurrence of an event of default as per Clause 10, or any other breach of obligations by the Borrower under this
Agreement or otherwise in connection with this Agreement (including any interest or fees incurred in funding any unpaid
sum).
8.2.2. The Borrower shall indemnify and keep the Lender its officer/ employees/ agents/ affiliates indemnified during the
Tenure of this Agreement from and against all liabilities, claims, losses, damages and expenses whatsoever in respect of
its obligations and liabilities in connection with the payment of amounts due under this Agreement and the Borrower shall
be liable to pay such amounts forthwith on demand.
9. COVENANTS
9.1. The Borrower covenants and undertakes that, during the Tenure of the Agreement, the Borrower will, unless Lender
waives compliance in writing:
9.1.1. Obtain and comply with the terms of and do all that is necessary to maintain in full force and effect, all authorizations,
approvals, licenses, and consents required to enable it to enter into and perform its obligations under this Agreement, and
to ensure the legality, validity, enforceability and admissibility in evidence of this Agreement.
Lender Borrower
Digitally signed by
Name: DS MUKUT FINVEST AND
PROPERTIES PRIVATE LIMITED 1
Date: 30 Nov 2024 [Link] IST
Digitally Signed by Sinchana N
Date: 2024.11.30 [Link] IST
9.1.2. Maintain proper books of accounts, as per applicable accounting practices and standards, which should correctly
reflect its financial position and scale of operations and should not radically change its accounting system without notice to
the Lender. The Borrower may be required to submit to the Lender financial statements and additional information, as may
be required by the Lender from time to time.
9.1.3. Promptly inform the Lender of any occurrence, event or incident of which it becomes aware which might adversely
affect the Borrower or affect its ability to perform its obligations under this Agreement and/or in respect of the outstanding
amount of the Loan.
9.1.4. Promptly inform Lender of the occurrence of any Event of Default or of the occurrence of an event which, with the
passage of time or the giving of notice would become an Event of Default, and also, where applicable, of the steps being
taken to remedy the same, and will, from time to time, if so requested by Lender, confirm to Lender in writing that save as
otherwise stated in such information, no default has occurred and/or is continuing.
9.1.5. No suit has been filed by any bank/ financial institution against the Borrower or any of the firms/ companies in
9.1.6. No account of the Borrower or its group companies has been classified as SMA (Special Mention Account) or
declared NPA/ settled by giving rebate/ OTS.
9.1.8. The Borrower has not defaulted on any statutory dues or taxes.
9.1.9. That so long as any part of the Loan is outstanding and until full and final payment of all moneys owing hereunder
the Borrower shall not, without the prior written consent of Lender having been obtained do or omit to do and not permit
any act, matter or thing which would cause any of the representations and warranties, under this Agreement, to be untrue,
inaccurate or misleading and immediately notify Lender in writing of any such fact or circumstance which might cause any
of the representations and warranties set forth in this Agreement to be untrue or misleading.
9.1.10. The Lender shall, without notice to or without any consent of the Borrower, be absolutely entitled and have full right,
power and authority to make disclosure of any information relating to Borrower including personal information, details in
relation to documents, Loan, defaults, security, obligations of Borrower, to the credit information companies, RBI and/or
other affiliate/agencies/service providers for the purpose of the performance or ensuring performance of the obligation by
the Borrower under this Agreement.
9.1.11. The Borrower understands and acknowledges that the Lender shall have the right to disclose the details of the
loan, its repayment behaviors, defaults, account status and such other relevant information pertaining to the Borrower to
the credit information companies and RBI on regular basis.
The following events and occurrences including but not limited to, shall constitute an Event of Default for purposes of this
Agreement:
Lender Borrower
Digitally signed by
Name: DS MUKUT FINVEST AND
PROPERTIES PRIVATE LIMITED 1
Date: 30 Nov 2024 [Link] IST
Digitally Signed by Sinchana N
Date: 2024.11.30 [Link] IST
10.1. Non-payment of Installment Amount by the Borrower as per the Installment Frequency, whether wholly or in part.
10.4. Bouncing/Cancellation of the Payment Instrument issued/registered by the Borrower for the repayment of the Loan
Amount.
10.5. If there occurs a breach of any representation or warranty made or deemed to be made by the Borrower in or
pursuant to this Agreement.
10.7. If the Borrower is convicted for any offence under the law adversely affecting Borrower’s ability to repay the Loan
Amount, solely in the opinion of the Lender.
10.8. If any order is passed by any governmental, judicial, quasi-judicial or any other authority adversely affecting the
operation of the loan or if, at any time, it is, becomes or will become unlawful or contrary to any regulation in any applicable
jurisdiction for the Lender to perform any of its obligations as contemplated by this Agreement or to fund or do lending
business.
10.9. Any change in applicable law which may in the sole opinion of the Lender impact the Borrower’s ability to fulfill the
obligations under this Agreement.
10.10. Any pending or threatened litigation, investigation or proceeding that may have impact Borrower’s business
condition (financial or otherwise), operations, performance, properties, or prospects of the Borrower or that purports to
affect the Agreement, or the transactions contemplated thereby.
10.11. If any ordinance/legislation has been promulgated/legislated either by the competent authority which in the opinion
of the Lender may adversely affect Borrower's business.
10.12. If the Borrower utilizes the Loan Amount for any unlawful purpose
10.13. Other Events of Default: In the opinion of the Lender any other default, which adversely affects the fulfillment of
obligations by the Borrower under this Agreement and inability of the Borrower to cure any failure within a period of 15
(fifteen) Business Days after the date on which Lender in
10.14. Consequences of Default: Upon the occurrence of an Event of Default under this Clause, the Lender or any
agent/service provider of the Lender authorized in this behalf shall serve a notice to the Borrower to remedy such Event of
Default, where the same is remediable, and if the Borrower fails to remedy the Event of Default within a period of 7 days
from the date of such notice, the Lender shall have the right to initiate one or all of the actions as specified below:
10.14.1. The Lender may, by a notice in writing, recall the loan granted to the Borrower and declare the entire amount
payable under the Lo
10.14.2. On occurrence of the Event of Default, the Lender may report the account of the Borrower to RBI and/or credit
information companies as Special Mention Account (SMA) / Non-Performing Assets (NPA) (as per the RBI Directions),
which may impact its credit score/rating and his/her ability for future borrowing from the financial institutions. Please refer to
the Appendix for more information.
Lender Borrower
Digitally signed by
Name: DS MUKUT FINVEST AND
PROPERTIES PRIVATE LIMITED 1
Date: 30 Nov 2024 [Link] IST
Digitally Signed by Sinchana N
Date: 2024.11.30 [Link] IST
10.14.3. The Lender shall be entitled at the sole risk and cost of the Borrower to engage one or more person(s)/collection
service providers/agents to collect the Borrower’s dues and shall further be entitled to share such information, facts and
figures pertaining to the Borrower as the Lender deems fit for the aforesaid purpose. The Lender may also delegate to
such person(s) the right and authority to perform and execute all such acts, deeds, matters, and things connected
herewith, or incidental thereto, as the Lender may deem fit. The Borrower recognizes, accepts, and consents to such
delegation.
10.14.4. The Lender may reduce or nullify the borrower’s capacity to borrow further loans until the repayment of
outstanding due amount.
11. MISCELLANEOUS
11.1. Agreement Validity: This Agreement is binding on the Parties hereto on and from the effective date of this agreement
and shall be in force and effect till all the monies due and payable under this Agreement are fully paid by the Borrower.
11.2. Continuing Obligations: The liabilities and obligations of the Borrower under or pursuant to this Loan Agreement shall
remain in force and effect notwithstanding any act, omission, and event or circumstance whatsoever until the Loan has
been repaid in full as per the Loan Documents.
11.3.1. Governing Law- This Agreement shall be governed by and construed and enforced in accordance with the laws of
India, without regard to its principles of conflict of laws, the Parties agree to submit to the exclusive jurisdiction of the courts
in Delhi, alone.
11.3.2. Arbitration: Any disputes, differences, controversies and questions directly or indirectly arising at any time hereafter
between the Parties or their respective representatives or assigns, arising out of or in connection with this Agreement (or
the subject matter of this Agreement), including, without limitation, any question regarding its existence, validity,
interpretation, construction, performance, enforcement, rights and liabilities of the Parties, or termination (“Dispute”), shall
be referred to a sole arbitrator duly appointed by the Lender. The language of the arbitration shall be English. The seat of
the arbitration shall be at New Delhi and the language of proceedings shall be English. The award rendered shall be in
writing and shall set out the reasons for the arbitrator’s decision. The costs and expenses of the arbitration shall be borne
equally by each Party, with each Party paying for its own fees and costs including attorney fees, except as may be
determined by the arbitration tribunal. Any award by the arbitration tribunal shall be final and binding.
Lender Borrower
Digitally signed by
Name: DS MUKUT FINVEST AND
PROPERTIES PRIVATE LIMITED 1
Date: 30 Nov 2024 [Link] IST
Digitally Signed by Sinchana N
Date: 2024.11.30 [Link] IST
11.4 Notices: Except as may be otherwise provided herein, all notices, requests, waivers and other communications made
pursuant to this Agreement shall be in writing. Such notice shall be served by sending it delivering by hand, mail or courier
or to the address of the Borrower available with the Lender as per its records or through electronic mode on the contact
details registered or available with the Lender (such as e-mail, SMS, WhatsApp or any other electronic mode). Any notice
so served shall be deemed to have been duly given (a) in case of delivery by hand, when hand delivered to the other
Party; or (b) when sent by post, where 5 Business Day(s) have elapsed after deposit in the post; or (c) when delivered by
courier on the second Business Day after deposit with an overnight delivery service, postage prepaid, with next Business
Day delivery guaranteed, provided that the sending Party receives a confirmation of delivery from the delivery service
provider d) if by electronic mode, when directed to an electronic mode address (such as e-mail, SMS, WhatsApp) provided
by the Borrower. Any notice or communication to the Borrower shall be deemed to be a notice or communication to all the
Borrower(s). A Party may change or supplement the addresses mentioned in schedule 1, or designate additional address,
for the purpose of this clause by giving the other Party written notice of the new address in the manner set forth above.
11.5 Lien & Set Off: Without prejudice to and in addition to any other right or remedy which the Lender may have under the
Loan Documents or under the law of contract or any other applicable law, the Lender shall have the lien over any
asset/security and/or any or all amounts received by it under other agreements with the Borrower. The Lender shall be
entitled to exercise its lien over the assets/security and/or any or all amount received by it’s under other agreement as
mentioned above to set off and recover any or all amounts payable by the Borrower under the Loan Documents. The
Borrower hereby expressly acknowledges and affirms the Lender’s lien and right of set off as specified in this clause.
11.6 Successors and Assigns: This Agreement binds and benefits the respective successors and assignees of the Parties
and, in respect of the individuals who are parties, their respective heirs, executors, administrators and legal
representatives.
11.7 No Assignment: The Borrower shall not have any right to assign this Agreement and/or any right or obligation
hereunder or part hereof. The Lender may assign/ securitize/ transfer/ novate its rights under this Agreement and may
notify the Borrower accordingly of such an assignment/securitization if required.
11.8 Entire Agreement: This Agreement shall supersede and override all previous communications, negotiations,
commitments, agreements whether oral or written between the Parties with respect to the subject matter of this Agreement.
11.9 Severability: Each and every obligation under this Agreement shall be treated as a separate obligation and shall be
severally enforceable as such. To the extent that if any provision of this Agreement, is invalid or unenforceable or prohibited
by law, it shall be treated for all purposes as severed from this Agreement and ineffective to the extent of such invalidity or
unenforceability, without affecting in any way the remaining provisions hereof, which shall continue to be valid and binding.
APPENDIX
With reference to the RBI Circular released as "Master Direction – Reserve Bank of India (Non-Banking Financial
Company – Scale Based Regulation) Directions, 2023" holding reference number: RBI/DoR/2023-24/106
[Link].45/03.10.119/2023-24, the following table is presented for the benefit of the borrowers to understand the
SMA and NPA classification:
Lender Borrower
Digitally signed by
Name: DS MUKUT FINVEST AND
PROPERTIES PRIVATE LIMITED 1
Date: 30 Nov 2024 [Link] IST
Digitally Signed by Sinchana N
Date: 2024.11.30 [Link] IST
Basis for classification –
Principal or Interest or any other
Sub-Category
amount wholly or partially
overdue
SMA-0 Upto 30 days
SMA-1 More than 30 and upto 60 days
SMA-2 More than 60 and upto 90 days
NPA More than 90 days
For example, If the due date of a loan account is March 31, 2024 and full dues are not received before the lending
institution runs the day-end process for this date, the date of overdue shall be March 31, 2024 and the loan account shall
be tagged as SMA-0. If it continues to remain overdue, then this account shall get tagged as SMA-1 upon running day-end
process on April 30, 2024, i.e. upon completion of 30 days of being continuously overdue. Accordingly, the date of SMA-1
classification for that account shall be April 30, 2024. Similarly, if the account continues to remain overdue, it shall get
tagged as SMA-2 upon running day-end process on May 30, 2024, and if it continues to remain overdue further, it shall get
classified as NPA upon running day-end process on June 29, 2024.
Lender Borrower
Digitally signed by
Name: DS MUKUT FINVEST AND
PROPERTIES PRIVATE LIMITED 1
Date: 30 Nov 2024 [Link] IST
Digitally Signed by Sinchana N
Date: 2024.11.30 [Link] IST
Borrower Name Sinchana N
Device ID cab85349126ce583
Mobile No. for OTP 7892168383
Platform Android
IP Address [Link]
Time Stamp 30 Nov 2024 2:54 PM
Loan ID 9908
Manjunath Nilaya #86 Virat Nagar
Communication Address
Bangalore South
Manjunath Nilaya #86 Virat Nagar
Permanent Address
Bangalore South
Lender Borrower
Digitally signed by
Name: DS MUKUT FINVEST AND
PROPERTIES PRIVATE LIMITED 1
Date: 30 Nov 2024 [Link] IST
Digitally Signed by Sinchana N
Date: 2024.11.30 [Link] IST