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Transcript of Bheemreddy 11-02-2016 Whr
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WAREHOUSE RECEIPT / BOND
Name & Address of the Depositor Receipt / Bond Number Date
M LEELAVATHI
W/O LOKANATH NAIDU
PLAT NO:17
WARD NO.30
EAST 2ND CROSS
CHURCHROAD
NO. A201600018 11/02/2016
Details of Commodity Deposited
Commodity/Variety No. of Bags/Units Approximate QtyKg. Approximate Value /Rs.
CHANNA 479BAGS/60KGS 28740KGS @RS.45/=RS.1293300/=
CHANNA 320BAGS/50KGS 16000KGS @RS.45/=RS.720000/=
0BAGS/ 0KGS RS.0/=
TOTAL RS.2013300/=
Chamber where
Stored
Storage Mark Depositors Identification
Marks
B 24/462,29/320,32/17, NOMARK
I declare that I am the owner
representative of the goods mentioned above. I
certify that the above consignment is fit for
storing in cold storage. I have read & understood
all terms & conditions & also have undertaken to
abide by them
Signature of the Depositor
For SREE SESHADRI COLD STORAGE
PVT. LTD.,
Authorized Signatory
Note : This receipt should be produced at the time of releasing the goods
Details of Withdrawals
Date Gate Pass No. No. of Bags Variety Depositors Signature
UNDER LIEN TO INDIAN OVERSEAS BANK, BELLARY 24
SREE SESHADRI COLD STORAGE PVT. LTD.,Plot No. 1347, 163P, 182P & 183, KIADB Industrial Area,
2ndMain, 3rdStage, Mundargi, BELLARY- 583 101.
Cell : 8147788888
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GENERAL TERMS & CONDITIONSTENDER FOR STORAGE :
1. All goods for cold Storage shall be delivered at the Cold Storage premises properly marked and packed for handling.2. The Depositor declares that are in good condition and are fit for keeping in the Cold Storage.3. The Depositor also certifies that the goods are in good condition and are fit for keeping in the cold storage.4. The Depositor shall furnish before delivery goods a manifest showing marks, brands or size to be kept and accounted for separately.
Otherwise the goods may be stored in bulk or assorted at the discretion of the cold storage incharge.
5. The Depositor shall the details of unsound packing if any at the time of deposit. The cold storage shall not take any responsibility forpilferages from such packages.6. 6. Purely as per the declaration given by the depositor the cold storage is accepting deposit of goods. The Cold Storage are not in any
way aware of the contents inside the pickings or any small containers of potty packing inside. There fore the Cold Storage shall not
take any responsibility what so ever for pilferages noticed after taking delivery of the goods from the storage. It is the responsibility ofthe depositor to see whether his packings are in the same condition as at the time of deposit. While taking delivery of the stocks
complains received after removing the stocks from the premises of the storage shall not be entertained under any circumstances.
7. Cold Storage undertakes to store and deliver the goods only on packages in which they are originally received unless otherwiseprovided.
STORAGE PERIOD:
8. All goods are stored on month-to-month basis unless otherwise provided. A Storage month shall extend from a date in one calendarmonth to but not including the same date of the next and of succeeding calendar months but if there is no corresponding date in a next
succeeding calendar month it shall extend to and Include the last day of that month. When the last day of the final storage month falls
on a Sunday or public holiday, the storage month shall be deemed to expire on the next succeeding business day.9. If for any reason the goods deposited cannot be kept for along time in the Cold Storage for which it was a greed to be kept or its further
keeping will deteriorate greatly in value or injure other property the Cold Storage may give such notice as is reasonable and possible in
the circumstances to the depositor requiring nim to remove those goods from the Cold Storage whether immediately or within the timenotified in the notice after paying all the charges, if any due to the Cold Storage.
10. If a Depositor fails to remove the goods within the time required the Cold Storage may remove them and sell the goods in publicauction at the risk and cost of the Depositor and appropriate the sale proceeds towards its dues and remit the balance, if any to the
Depositor.
DEUVERY REQUIREMENTS:11. (a) Instructions for delivery of goods shall always be in writing and signed by the depositor or his authorised agent. Advance
Intimation of atleast 4 hrs. during business time shall be given whenever release of goods is required from the Cold Storage. The goods
shall be handled only by the authorised workmen and shall not be allowed to be handled by any other person when once it is inside
Cold Storage factory. The goods shall be accepted and delivered only during the business hours except in special cases at the discretion
of the Sree Seshadri Cold Storage Pvt. Ltd., Only authorised persons with proper identity of die clients shall be allowed to negotiate
the transaction. Nobody shall be permitted inside the Cold Storage room without permission of Competent authority of the ColdStorage.
(b) Depositor shall not be allowed to take delivery of goods stored unless otherwise he clears all the dues to the Sree Seshadri Cold
Storage Pvt. Ltd.,
LIABILITY:
12. The Cold Storage plant undertakes to exercise reasonable care and diligence required by ten rules and regulations relating to suchstorage for keeping the goods in the Cold Storage. The Goods for Cold Storage are accepted entirely at Depositors risk only. TheDepositor is advised to make his own arrangements for covering the goods by necessary insurance. The Cold Storage shall have the
lien for the goods deposited until all its dues are cleared by the depositor.
13. If any damage or loss occurs to the goods on account of failure of the Cold Storage plant and machinery and, or on account of otherfactors which are beyond control, the Cold Storage shall not be responsible for such loss or damage.
14. The quality condition value and contents of goods are known to the Cold Storage authorities as entered in ten receipt on the basis ofthe declaration made in the regarding by the Depositor at the time of deposit.
15. The Cold Storage shall not hold any responsibility for the loss in weight, shrinkage and other after effects on account of cold storage.16. No guarantee is given for the life of the goods stored in the Cold Storage.SCHEDULE OF CHARGE:17. (a) The charges shall be as per the rates prescribed by the Cold Storage which are subjected to change from time to time without
notice.
(b) If there exists continuous power cut and necessary arises to run the compressor with diesel Generator sets then 25% extra rentalcharges shall be collected and addition to the usual tariff intimated to the Depositors for collection of 25% additional rental charges in
this regard shall be intimated 7 days in ddyance.
(c) All storage charges shall be paid on month-to-month basis unless otherwise provided for and the storage charges shall be paid in
advance for each month in case of continuous monthly charges should be paid within 7 days then the cold storage authorities haveevery right to remove the stocks from the cold storage and to keep it in open yard without giving any advance Intimation to the
Depositor, and then after one week to sell the goods in public Intimation to the Depositor and to adjust the sale proceeds towards dues.(d) The charges for handling, loading and unloading and extra service rendered in the interest of depositor are to be paid by the
Depositor of goods in addition to usual Cold Storage charges. When the goods are transferred from one rack to another at the request
of the Depositor, a charge for handling snail be deemed levied. The Cold Storage may also transform at its own expenses any goods instorage from one rack to another in the Cold Storage for reasons of administrative convenience.
(e) The Cold Storage has right to sell the stock in their custody incase the depositor fails to pay the dues to the bank on or before 31 st
December every year, and credit the amount to the loan account or the creditor and to adjust the balance amount towards storagecharges, without any notice to the depositor.
18. After one month up to 15 days we collect cold storage rent for one month.19. The form for any claim of dispute arising out of this agreement shall be the Civil Court at Bellary City. Note : This receipt should be
produced at the time of releasing the goods.
Signature of the Depositor 25
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Place: Bellary
Date: 11/02/2016
From,
SRI/SMT.M LEELAVATHIS/O.W/O LOKANATH NAIDUPLAT NO:17WARD NO.30
EAST 2ND CROSS
CHURCHROAD
VIDYANAGAR BELLARY TALUK & DST
The Senior Manager,Indian Overseas BankBellary.
Dear Sir,
Produce Loan for Rs.990000 /=
With reference to the above, I hereby declare that:
1. I am a farmer residing at EAST 2ND CROSS holding an agricultural land tothe extent of 12.03 ACRE.
2. I will not use the loan amount for trading purpose.
3. I have not availed any crop loan for cultivation of above produce.
4.No loan is outstanding against the above crop.
Yours faithfully,
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Indian Overseas Bank, Bellary.Application form for loan under Tie-up Arrangement with Cold Storage Unit :
Sree Seshadri Cold Storage Pvt. Ltd., Bellary.1. Name : M LEELAVATHI
2. Age : 38 YEARS
3. Fathers Name : W/O LOKANATH NAIDU4. Address : H.NO.PLAT NO:17
: WARD NO.30
EAST 2ND CROSS,BELLARY
5. Lands cultivated (in acres) : Dry Land Garden Land Wet land Total
1. Own Land : 152A,12.03 ACRE
2. Lease Land :
6. Weather availed crop.
Loan from any institution :NO AT
7. If So, Amount, date of
availment and due date :/=,for repayment
8. Crops for which financeavailed :
9. Produce kept in Cold Storage Unit Sree Seshadri Cold Storage Pvt. Ltd.,Commodities Bags Quantity in Quintal Market Value
Commodity/Variety No. of Bags/Units Approximate Qty Kg. Approximate Value /Rs.
CHANNA 479BAGS/60KGS 28740KGS @RS.45/=RS.1293300/=
CHANNA 320BAGS/50KGS 16000KGS @RS.45/=RS.720000/=0BAGS/KGS 0KGS @RS./=RS.0/=
TOTAL RS.2013300/=
Finance Required :
10.I request you to sanction a loan of Rs.990000 /=against My DPN and Pledge of ware-house receipt No. 201600018 Dated 11/02/2016 of M/s. Sree Sheshadri Cold
Storage Pvt. Ltd.,(Name of the Cold Storage Unit) to meet our urgent expenses such
as crop cultivation etc.,
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11. (BPLR-4.25%), Rs.50,001/= to Rs.2,00,000/= is 10.25%(BPLR-1.75%),andfor the loans beyond Rs. 2,00,000/- is 11.5%(BPLR-0.50%) half yearly
compoundable. I also understand that the rate of penal interest beyond due date
i.e., 42411 is 2% extra. The rate interests are subject to RBI and Banksguidelines.
12.I hereby authorized you to hand over the bonds to the cold Storagemanagement after closure of the loan account.
13.I accept to bear the processing charges i.e., Rs. 3000/- for the beyond Rs.25,000/- and inspection charges of Rs. 25/-for all the loan accounts. I also
understand that I have to reimburse the postages and notice charges.
Date : 11/02/2016 (Signature of the Applicant)
The Manager,
Indian Overseas Bank, Bellary.
The above mentioned applicant handed over the copy of original bond and
Phani copy. We may sanction an amount of loan of Rs. 990000 /=as per the under
mentioned calculation.
Commodity/Variety No. of Bags/Units Approximate Qty Kg. Approximate Value /Rs.
CHANNA 479BAGS/60KGS 28740KGS @RS.45/=RS.1293300/=
CHANNA 320BAGS/50KGS 16000KGS @RS.45/=RS.720000/=
0BAGS/KGS 0KGS @RS./=RS.0/=
TOTAL RS.2013300/=
Loan Amount RS.990000/=
Asst. Manager. Senior Manager
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The Manager,
Indian Overseas BankBELLARY
Name(s) M LEELAVATHI
Loan No. .. Amount Rs.990000/=
LETTER OF PLEDGE
I/we hereby acknowledge to have deposited withIndian Overseas Bank BELLARY the goods,
documents and securities for property of money,hereunder mentioned (hereinafter referred to as thesaid goods and securities in which expression areincluded unless the same is inconsistent with thecontext any further goods, documents and securitiesfor property money to be deposited as hereinaftermentioned a) as a collateral security for the duepayment of my/your Promissory Note to the said Bankdated this 11/02/2016 day of forthe sum of Rupees .990000/= as well as of all interestat the rate of .% over Reserve Bank of India rate ofinterest with a minimum of 10.25% per annum or atsuch other rates as may be notified by the Bank to
me/us from time to time with HALF YEARLY rests andcharges thereon, and also for the cost and charges ofkeeping the said goods and securities as a securityand in case I/we shall make default in paying the saidsum of Rs.990000/= to the said Bank on demandaccording to the tenor of my/our said Promissory Note .I/We hereby authorize and empower the said Bank orany recognized Agent thereof to sell or remove and selland absolutely dispose of the said goods andsecurities in such manner as they or he may think mostadvisable without any reference to
me/us the undersigned or consent on my/our part.I/We further hereby authorise the said Bank to
reimburse itself out of the proceeds of the said goodsand securities all costs, charges and expenses ofkeeping and selling the said goods and securities,but so that the said Bank shall not be responsible forany loss from or through any employee / Agent IBroker or Auctioneer employed in the sale of the saidgoods and securities, or in any other mannerwhatsoever in respect of the said goods andsecurities and the said Bank shall also reimburseitself in the amount of the said Promissory Note andall interest and charges thereon, and should anybalance remain over. I/we authorise the said Bank toplace amount against all such sum or sums of money
as may at the time of such sale be due or owing by orfrom me/us to the said Bank upon or in respect ofany other Promissory Note, Bill of Exchange or otherengagement, although it shall happen that such sumor sums of money shall not be due at the time ofsuch sale, and I/We further engage to pay to the saidBank the balance, if any, remaining unsatisfied andI/We further engage to grant such further documentsas may be found necessary effectually to vest in thesaid Bank the said goods and securities to enablethem to sell or transfer the same and
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I/We further engage to maintain a margin eitherby payment in cash or by the deposit of furtherapproved goods, documents or securities forproperty or money, so that the amount advancedbe not more than 60 percent .of the market valueof the goods or securities deposited as securityfor the time being and I/We agree the banksdecision as to market value shall in all cases befinal and binding upon me/us. And in the event ofmy/our failing to maintain such margin asaforesaid I/Wehereby 7uthorize the said bank tosell at any time before the maturity of my/our saidPromissory Note the portion of or all, the saidgoods and securities for the time being thesubject of this security which may be necessary to
the full payment of my/our said Promissory notewith interest and charges as agreed on. And allfresh security added is to be subject to the sameconditions as hereinbefore stated or as stipulatedfor by any separate document. I/We further agreeand engage not to revoke or make void anyPower of Attorney or other authority which I/wehave given or may give to said Bank to enable itto sell and transfer the Said goods and securitiesfor the time being the subject of this security.
The Bank shall not be answerable or liable for anydamage arising out of shortage, theft, pilferage,deterioration, depreciation and other causesWhich the said goods and securities may sufferwhile in its possession or custody or in thepossession or custody of its servants or Agentsincluding clearing Agents.
The bank shall not be responsible for the shortagein weight or the goods pledged since it will notordinarily be possible to ascertain their correctweight by the Bank either at the time of storage orrelease.
It is distinctly understood that I/We take fullresponsibility for the correctness of the quality,weight and quantity, of the goods and for theirsafety and insurance and for taking suchmeasures or precautions as may be necessary inthis connection. l/We further agree that the Bankshall not be responsible for any accidental orwillful wrong or fraud on the part of its employeescommitted in respect of the said goods andsecurities while in the custody of the bank.
And I/We hereby declare that I/We am/are theowner! Owners of the said goods and securities
and that the
same are, except for such deposit, withinmy/our, own disposition and control and freefrom any prior charge. And lANe hereby alsoagree that any notice in writing requiring to be
served hereunder shall be sufficiently served ifaddressed to me/us at my/our addressregistered in the Bank or in the event of no suchaddress being registered at my/our last knownplace of residence of business in EAST 2NDCROSS and left as such address or place or ifforwarded to me! us by post at the address orplace aforesaid. A notice sent by post shall bedeemed to be given at the time when in duecourse of post it would be delivered at theaddress to which it is sent.
I/we hereby agree as a pre-condition of theloan! advances given to me/us by the bank thatin case I/We commit default in the repayment ofthe loan! advances or in the repayment ofinterest thereon or any of the agreed installmentof the loan on due date/s, the bank and/or theReserve Bank of India will have an unqualifiedright to disclose or publish my/our name or thename of our company/firm/unit and its directors!partners! proprietors as defaulters in suchmanner and through such medium as the bankor Reserve Bank of India in their absolute
discretion may think fit.The Borrower hereby agrees and undertakesthat the amount/amounts advanced or to beadvanced by the Bank will not be used for anypurpose other than for which it has beensanctioned/ advanced. It is distinctly understoodby the Borrower that the Borrower is herebyexpressly prohibited from using the amountadvanced and/or to be advanced or any partthereof for any purpose other than for which ithas been advanced sanctioned.
The Borrower hereby agrees and undertakesthat after availment of the loan or any part of it,the Borrower will procure and produce acertificate from its auditors or from any auditorthe bank may nominate in this behalf, certifyingthat the amount/amounts advanced by the Bankhave been, used only for the purpose for whichit has been sanctioned/ advanced and if theBorrower fails to
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produce such certification and I or if the Bankapprehends or has any reason to believe, (theBanks decision in this regard being final) that theborrower has violated or is violating or is likely toviolate this condition it shall be lawful for the Bank
and the Bank shall have a right to recall the entirebalance due under all, any and I or each of thecredit facilities or accommodations thenoutstanding or any part thereof forthwithnotwithstanding anything to the contrarycontained herein or in any other document orletter of sanction or terms and conditions andwithout prejudice to any of the rights of the Bankhereunder or under any law, rule or refutations toinitiate appropriate Civil and / or criminal action/sagainst the Borrower.
The Borrower further agrees that on suchdemand, the
Borrower shall forthwith pay the amount/s duetogether with interest, interest tax, furtherinterest, additional interest, penal interest,commission fees, cost, charges and expensesincurred or to be incurred by the Bank till date of
paymentThe Bank shall have an absolute discretion todetermine what amount/s within the aforesaidlimit it will advance and or/allow to beoutstanding from time to time in the respectiveseparate account opened/to be opened by it andthe Bank shall be at liberty to refuse to allowfurther drawings or advances or to makeavailable any credit facility at any time withoutpervious notice to the Borrower and withoutassigning any reasons therefore.
PARTICULARS OF SECURITIES ABOVE REFERRED TO
Commodity/Variety No. of Bags/Units Approximate Qty Kg. Approximate Value /Rs.
CHANNA 479BAGS/60KGS 28740KGS @RS.45/=RS.1293300/=
CHANNA 320BAGS/50KGS 16000KGS @RS.45/=RS.720000/=
0BAGS/KGS 0KGS @RS./=RS.0/=TOTAL RS.2013300/=
.
Signature of Borrower(s)
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CONSENT-CUMAUTHORIZATION (CAL.A)
l/We, understand that as a pre-condition relatingto grant of and/or continuing availment of the
loans/ advances/other non-fund based creditfacilities to/by me/us, the Indian Overseas Bank,requires my/our consent for the disclosure by thebank of, information and data relating to me/us ofthe credit facility availed of/to be availed byme/us, obligations assumed/to be assumed, byme/us in relation thereto and default, if anycommitted by me/us, in discharge thereof.
2. Accordingly, I/We hereby agree and giveconsent for the disclosure by the Indian
Overseas Bank of all
or any such:
(a) Information and data relating to me/us:
(b) the information of data relating to any creditfacility availed of/to be availed, by me/us and
(c) default, if any, committed by me/us, indischarge of my/our such obligation.
as the Indian Overseas Bank may deemappropriate and necessary, to disclose andfurnish to Credit Information Bureau (India) Ltdand any other agency authorised in this behalf byRBI.
3. l/We, declare that the information and datafurnished by me/us to the Indian Overseas Bankare true and correct.
4. l/We, undertake that:
a) the Credit Information Bureau (India) Ltd. andany other agency so authorised may use, process
the said information and data disclosed by theBank in the manner as deemed fit by them; and
(b) the. Credit Information Bureau (India) Ltd.and any other agency so authorised may furnishfor consideration, the processed information anddata or products thereof prepared by them, tobanks/ financial institutions and other creditgrantors or registered users, as may bespecified by the Reserve Bank in this behalf.The expression bank includes lendinginstitutions for the purpose.
.
Signature of Borrower(s)
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Indian Overseas BankAGREEMENT FOR ADVANCES AGAINST PLEDGE OF WAREHOUSE RECEIPTS
Place : BELLARY
Date :11/02/2016
The Manager,
Indian Overseas BankBellary.
Dear Sirs,
I / we hereby acknowledge to have delivered to you
WAREHOUSE RECEIPT NO.201600018DATED11/02/2016 ISSUED BY M/S SREESESHADRI COLD STORAGE PVT., LTD., BELLARYdocuments of title to goods described in general termsin the schedule hereto as security for due repaymentof the debt due by me/us M LEELAVATHI for sum of990000/= Rupees NINE LAKHS NINTY THOUSANDSONLY by way of principal and of interest thereon atthe rate of 10.25% per annum or such rate as may befixed by the Bank from time to time and all charges tobe made by you in connection therewith and also allnecessary expenses (ordinary as well asextraordinary) costs and charges which may be
incurred by you in respect of the possession or for thepreservation of the said goods / documents of title togoods.
2. l/we agree that in the event of my/our failing to payyou on demand the said sum of Rupees NINE LAKHSNINTY THOUSANDS ONLY together with interestthereon and all costs charges and expenses incurredby you in connection there with or in
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respect of the possession of the goods documents of
title to goods, or in the event of my/our failure toobserve or perform any of the terms and conditionshereof, you shall be entitled without any previous noticeto me/us or consent on my/our part (notwithstandingany notice required by law or otherwise to be given theright to which notice is hereby expressly waived byme/us) and without prejudice to any of your other rightsor remedies to sell or otherwise, dispose of either bypublic auction or private contract as you may consideradvisable at any time or times the goods pledged asaforesaid or any part or parts thereof and to appropriatethe net sale proceeds in the first instance towards thecosts, charges and expenses. due to you for the
keeping of and selling the said goods and then towardsthe debt due and all interest and charges thereon. Ifafter appropriation made as above, any surplusremains, you shall be at liberty to apply and appropriatethe amount against any other debts or liabilities ofmine/ours to you, whether alone or jointly with anypersons of firm (whether as principal debtors or assurety) whether the same be secured or not, andwhether such debts had become due or not. You shallhave also the right without any previous notice to me/usto set-off or appropriate any sum or sums of moneystanding to my/our credit in any
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account at any office of your bank towards thedebt due by me/us, in the event of my/our failureto pay the debt on demand or in the event of anydeficit existing even after appropriating the saleproceeds of the goods.
I/We agree that I/We shall accept withoutquestion the Banks accounts of such sale orsales or other transactions signed by anyauthorised officer of the Bank as sufficient proofof the amount realised by the sale or sales andthe costs, charges and expenses incurred inconnection therewith.
I/We agree that the Bank shall not beresponsible for any loss from or through anyBrokers or Auctioneers employed in the sale orsales of the said goods or in any other mannerwhatsoever in respect of the said goods.
I/We hereby engage and undertake to maintainat all times in favour of the Banks a margin of40% between the market value from time to timeof the goods and the balance due to you fromtime to time. Such margin is to be calculated onthe market value of the goods as fixed by youfrom time to time and is to be maintained byme/us either by the delivery by me/us of furthersecurity to be approved by you or by cashpayment by mel us of sufficient sum so tomaintain unimpaired the said margin. n
assessing the market value of the goods andarriving at the loan able value of the goodspledged after reserving the requisite margin, youshall be the sole Judge.
We undertake to insure and to keep insured thesaid goods at all times and from time to time itsfull value against fire and all other risks asrequired by you with Insurance companiesapproved by you and to deliver to you the policyor policies of Insurance duly transferred in yourfavour. In the event of my/ our failure to do so,
you shall be entitled to insure the said goods atmy/our expense and on my/our account anddebit the charges to my/our account and I/Weshall be bound to repay you on demand all suchsums so paid by you or debited to my/ouraccount.
In the event of loss or destruction by fire or
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Other wise you shall be entitled to recover andreceive all monies payable in respect of theinsurance and appropriate it towards the debt dueby me/us and the previous Clause (2) supra shallalso apply in such cases as if there had been a
realization of the value of the goods by sale.I/We further agree that, notwithstanding thedischarge of the debt due by me/us as security forpayment of which I/We have pledged with you thegoods documents of title to goods mentioned inthe schedule here to you shall have the right toretain and hold such goods which may remain inmy/our possession at the time of the discharge ofthe debt for which they were originally pledged asand by way of security for all other debts orliabilities of mine/ours owing to you on any accountat any office of the Bank (whether singly or jointly,whether as principal debtor or as surety) and youshall have all the rights of a pledge over the saidgoods in respect of such debts or liabilities and allsuch, powers and discretions as are exercisableby you in respect of the goods so remaining.
I/We agree that you shall not be required to sellthe goods pledged before suing me/us on the debtdue, as it is purely optional on your part so to doand that we shall not dispute your right to sue me/us on the debt due, retaining the goods/documentsof title to goods pledged by me/us as security.
I/We agree that you shall not be answerable orresponsible for any damage or depreciation whichthe said goods and property may suffer while inyour possession and that we shall not also holdyou responsible for any loss or shortage or diminution in quantity or weight of the goods caused bytheft, burglar3 or any other cause and that suchloss or damages or depreciation or diminution shallbe suffered and borne by me/us wholly.
I/We hereby acknowledge that you have acceptedpledge of the goods hereunder on the distinct
understanding that you shall not be held liable tome/us or my/our heirs, assignees, administratorsor executors or any person claiming right or title to
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the goods under or through me/us for
accountability on the ground of any shortage of
any quantity or any defect or variation in the
quality, nature, condition and contents of the said
goods as represented by me/us and that the
pledge of the goods was taken by you on the
faith of my! our representation as to the quantity,
quality, condition, nature and contents of the said
goods and without verification of the correctness
of my/our representation on the strength of which
wholly you were induced to act by me/us
(notwithstanding any certificate of any godown
keeper or other employee of the Bank
acknowledging receipt of goods as represented
by me/us or delivery to the Bank).
I/We hereby declare that I/We have every right to
pledge the goods/documents of title to goods
hereby pledged and to create a valid pledge
thereof in your favour and that there are no
encumbrances, lien or attachment of any kind or
any sort, over the same.
I/We agree that all other securities given by
me/us on any other account or in respect of any
other transaction of mine/ours with you shall, in
so far as the same shall not have been exhaust,be available to you as further security for the
debt or liability secured under this instrument of
pledge.I/We agree to have the Banks lien noted
in the Warehouse Certificate and deliver the
same to you before drawing any advance
together with an undertaking by Warehouseman
to the following effect that the goods or any part
thereof will not be permitted to be removed or
dealt with from the warehouse in any manner by,
the depositor without the written permission of
the Bank previously obtained; and thatnotwithstanding any agreement to the contrary
between the depositor without the written
permission of the Bank previously obtained; and
that notwithstanding any agreement to the
contrary between the depositor and
warehouseman the goods will be delivered to the
Bank on demand without any reference to the
depositor or his consent; the Bank is at liberty to
15
16
17
18
inspect, through its officers, the goods under lien
to the Bank during the hours of business; that the
Warehouseman shall give notice to the Bank in
case of any loss or damage to the goods when it is
in deposit in the Warehouse and before taking any
action to auction the goods deteriorating or about
to deteriorate in the warehouse in accordance with
the State/Central Warehouse rules.
I/We agree to indemnify you and keep you
indemnified against all losses, damages, claims,
demands, costs, charges and expenses sustained
by you or made against you in respect of the
goods pledged under this instrument.
I/We further agree that the security delivered to
you from time to time shall be security to you for
the repayment of the ultimate balance outstanding
unpaid in the loan/overdraft/cash credit account
and I am /We are to remain liable for the balance
not withstanding the fact that by payments made
into the account, the loan/overdraft /cash credit
may stand reduced or extinguished other balance
in the said accounts brought to credit from time to
time or at any time.
I/We hereby accept that this pledge of mine/ours;
carries with it your right to repledge the said goods
to which I/We hereby expressly give my/ourconsent.
I/We hereby agree as a pre-condition of the loan!
advances given to me/us by the bank that in case
I/We commit default in the repayment of the loan!
advances or in the repayment of interest thereon
or any of the agreed installment of the loan on due
date/s, the bank and/or the Reserve Bank of India
will have an unqualified right to disclose or publish
my/our name or the name of our company/firm!
unit and its directors/partners/proprietors anddefaulters in such manner and through such
medium as the bank or Reserve Bank of India in
their absolute discreion may think fit.
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SCHEDULE
Description of Document
WARE HOUSE RECEIPT NO.201600018 DATED.11/02/2016ISSUEDBY M/S SREE SESHADRI COLD STORAGE PVT.LTD.,BELLARY
Signature .AddressSri.M LEELAVATHI
S/O,W/O.W/O LOKANATH NAIDUPLAT NO:17
WARD NO.30
EAST 2ND CROSS
CHURCHROADVIDYANAGAR BELLARY TALUK & DST
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Sree Seshadri Cold Storage Pvt. Ltd.,Plot No. 1347, 163P, 182P, 183, KIADB Industrial Area, 2
ndMain,
3rd
Stage, Mundargi, Bellary.
LETTER OF UNDERTAKINGThe Manager,
Indian Overseas Bank,Bellary.
Dear,
We wish to inform that MR/MRS. M LEELAVATHI S/O,W/OW/O
LOKANATH NAIDU,EAST 2ND CROSS is approaching you to sanction a Loan of
Rs990000/= against the pledge of our Cold Storage Bond No. 201600018 dated
11/02/2016 Issued by us for the Value of Rs.2013300/= We have noted your lien in
the Bond and we hereby assure that we will release of your Banks lien.
We undertake and agree not to deliver or transfer or part with any of the goodsheld under trust for the Bank to any of the specified borrowers of the Bank or to
their representatives or agents at any time except the written consent and authorization
of the officials of the Banks for release of the specified goods. We accept,
acknowledge and recognize first charge of the Bank over the goods.
Thanking you,
Yours faithfully,
Authorized Signatory/ Manager.
Schedule
Name and Address of the Party Description of Goods No. of Bags
Presentmarket
value TotalRs.
Particularsof
InsuranceRemarks
M LEELAVATHI
W/O LOKANATH NAIDU
PLAT NO:17
WARD NO.30EAST 2ND CROSS
CHANNA
CHANNA
479BAGS/60KGS
320BAGS/50KGS
0BAGS/KGS
2013300/=
Authorized Signatory /Manager
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Indian Overseas Bank, Bellary.Date : 11/02/2016
To,
Sree Seshadri Cold Storage Pvt. Ltd., Bellary.Plot No. 1347, 163P, 182P, 183, KIADB Industrial Area,
2ndMain, 3rdStage, Mundargi, Bellary.
Dear Sir,
Notice of the Banks Lien on Specified Goods.
Please take notice that MR/MRS. M LEELAVATHI S/O,W/OW/O LOKANATH
NAIDU,EAST 2ND CROSS has/have assigned and endorsed over to the Bank and deposited
with this Bank as Security for advances granted to him/ them against Warehouse Receipt
No201600018 date 11/02/2016 issued by you covering Stocks.
Commodity/Variety No. of Bags/Units ApproximateQty Kg.
CHANNA 479BAGS/60KGS 28740KGS
CHANNA 320BAGS/50KGS 16000KGS
0BAGS/KGS 0KGS
The aforesaid goods or any part thereof shall not at any time be delivered by you except on
the production of your receipt above mentioned duly discharged by the Bank or with the consent of
this Bank. This notice is sent to you in duplicate and we shall be glad if you will please return to us
one copy thereof duly signed by you, in taken of your having received it and of your agreement (a) to
hold such goods in future as Warehouseman for the Indian Overseas Bank and to continue so to hold
the same notwithstanding that the period up to which the goods have been accepted for deposit shall
have expired, and (b) not to sell, hypothecate, charge or otherwise deal with or dispose of the goods,
except where, in the case of goods of perishable nature, it is apprehended that by continued storage
they will deteriorate greatly in value or injure other property, in which event, you shall give such notice
as in reasonable and possible under the circumstances to the Indian Overseas Bank, being lawful
holder of the Warehouse receipt and also to MR/MRS. M LEELAVATHI S/O,W/OW/O
LOKANATH NAIDU,EAST 2ND CROSS the original depositor requiring the goods to be
received from the Warehouse and if upon their failing to do so, your depose of the goods by public
sale the sale proceeds, less any costs incurred and charges due to you, shall be held by you on
account of the Indian Overseas Bank and shall be payable to the said Bank.
Yours faithfully,
F-374Senior Manager 11
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The Banks lien has been noticed in Warehouse Register. The mention goods
or any part thereof will not be permitted to be received or dealt with from the
Warehouse in any manner by the depositor without the written permission of the
Bank previously obtained. Not with standing any agreement to the contrary with the
depositor, the goods will be delivered to the Bank on demand without any reference
to the depositor of his consent. The Bank is at liberty to inspect through its Officers,
the goods under lien to them during the hours of business. The Bank will be notified
of any loss or damage to the goods before taking any action to auction the goods in
accordance with State/Central Government Warehouse Rules.
Date : 11/02/2016. Signature of Warehouse
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IINNDDIIAANNOOVVEERRSSEEAASSBBAANNKK DATE:11/02/2016
PP..NNoo..4455,,AAnnaanntthhaappuurrRRooaadd,,BBEELLLLAARRYY - 583101
PHONE 08392-275634,279928Ref: ADVI
To
M/s/Mr./Ms./
SRI/SMT.M LEELAVATHI
S/O,W/O.W/O LOKANATH NAIDU
PLAT NO:17,WARD NO.30EAST 2ND CROSS,BELLARY
Sir (s)CREDIT SANCTION ADVICE
1. We refer to your loan application dated 11/02/2016 we also refer to the relatedcorrespondence and discussions seeking clarifications on various points raised by you/us andthe consensus of the terms and conditions and the credit facilities arrived.
We have pleasure in advising sanction of credit facilities as appended to this
communication on terms and conditions stipulated thereon.
-As and when you avail the said credit facilities, renewal of the limits at our option isdue (i) at the end of twelve months from the date of this communication or (ii) fromthe date of our letter, if any, advising revalidation of this sanction:
2. Please note that:
2.a. bank reserves its right to amend, alter the terms and conditions or withdraw all or any of
the credit limits sanctioned at any time at its discretion without assigning any reasons
whatsoever.
2.b. the limits shall not be operative until specified documents are executed both by loanee /s
and guarantor/s and terms and conditions of sanction are complied with as per the
requirements of Sanctioning Authority /
disbursing branch (es).
2.c. the credit facility should be utilised for the specific purpose for which the same has been
sanctioned and. if the bank has reason to believe that you have violated, or apprehends that
you are about to violate the said conditions the Bank shall have the option to exercise its right
to recall the entire loan or any part there of at once, in addition to its right to withdraw the
undrawn limits not withstanding anything contrary contained in this Sanction Advice. It is
affirmed that this right is without prejudice to the Bank's right to demand the Loan amount
for violation of other terms and conditions of the sanction and / or the terms reflected in the
loan / security documents to be executed by you.
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2.d. the referred credit, facility is extended to you solely at the Bank's discretion. In addition
to what is stated in para 2.c., the Bank reserves the right to withdraw partially / wholly or
regulate such credit facility on the occurrence of anyone or all of the following events:
2.d.l. your non-compliance with terms and conditions of sanction
2.d.2. indulging in drawings beyond sanctioned limits.
2.d.3. issuing cheques for purposes other than specifically agreed.
2.d.4. indulging in large cash withdrawals not commensurate with the requirementsestimated.
2.d.5. indulging in activities with are detrimental to the image / interest of the Bankviz., acts that are unlawful, malafide etc.
2.e. In terms of directives in force now or as may be modified from time to time default in
repayment of instalments and / or servicing of interest for a notified period, automatically
results in categorisation of all your borrowal accounts as Non Performing Asset (NPA). Such
categorisation renders you ineligible from seeking.
2.e.1. additional / adhoc credit facilities (Fund based and / or Nonfund based).
2.e.2. waiver of overdue interest. 2.e.3.
soft 2.e.3 recovery measures etc .
2.f. bank is under no obligation to consider your request, if any, for additional Credit facility
(ies) without a comprehensive review of the existing credit limits, operations in the accounts
and past performance in meeting commitments such as servicing of interest charged to the
loan account(s) repayment of loan instalments, prompt submission of stock-statements.,upkeep of records of inventory and books of accounts, upkeep of machinery financed,
honouring commitments under LC / LG promptly etc, as applicable to the purpose for which
credit facility has been extended.
2.g. in the event of your borrowal account being overdrawn without prior agreement or
exceeding the agreed borrowing limit or in the event of delay / non-submission of stock
statement, Bank shall charge overdue interest at the rates specified from time to time .
The amount of such overdue interest debited to the loan account will find a place in the
Statement of Account received by you (presently such overdue interest is levied @.2..p.a. onthe amount due).
2.h.1. in the case of borrowal accounts where interest rate is linked to BPLR (Bench mark
Prime Lending Rate),or where fixed interest rate is specified by the Bank, changes if any, in
the Bank's BPLR and / or the spread (Viz. Plus or minus percentage factor to BPLR) or fixed
rate specified by the Bank, shall be conveyed through Press Report or Publicity through
media, or a suitable 'Notice' placed in the banking-hall of the branch and such mode of
communication shall be construed as sufficient "Notice" to you about the revision effected
in the interest rates.
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2.h.2. The applicable interest rate/s will be charged with monthly/quarterly/half
yearly/annual rests, or such other rates and rests as may be notified by the Bank from time to
time.
2.h.3 The interest will be calculated and charged as per the daily balances, to your borrowal
account/s until the same is fully liquidated and the interest so charged will be paid by youas
per the terms agreed or as and when demanded by the Bank.
2.i. prepayment of your borrowal accounts will be subjected to the applicable repayment
charges and revised terms and conditions.
2.j. copies of loan documents to be executed by you for the credit facility(ies) referred herein,
will be provided at your cost, on receipt of a specific request in writing to the undersigned.
2.k. upon availment of credit facility on terms agreed, you have to produce necessary
documentary evidence for end-use and facilitate verification by the bank. As and when called
for, a certificate from your Auditor regarding end-use of the loan availed should be produced
to the bank.
2.1. change if any, in the constitution of your organisation viz Reconstitution of partnership
Firm or conversion of Private Limited Company into a Public Limited Company or changes
in Constitution / Directors, proposals for merger / takeover etc., should be advised
immediately to us in writing. The Bank has the sole discretion to accept or reject such
reconstitution / conversion/ changes and until such time, the same will have the right to
suspend the operation of the limits and in the event, the bank does not accept / recognise suchreconstitution / conversion / changes, the bank will have the right to recall the entire loans, in
addition to the right to withdraw the undrawn limits.
2.m. all your borrowal accounts with our branch / bank will be subjected to the application of
disclosure -norms prescribed by RBI.
2.n. this credit sanction is valid for an availment- period six months from the date of this
communication before which the said credit facilities are to be availed. Unless availed within
the period of six months, this sanction requires revalidation by the Sanctioning Authority,When the necessity for revalidation arises, you have to submit a written request letter to the
branch furnishing the reasons for the non-availment of credit facilities even after lapse of sixmonths from the date of this communication. Such request for revalidation will be evaluated by
the Sanctioning Authority and the validation of availment - period of sanction or otherwise will
be communicated to you. It is to be noted that request for revalidation of sanction will be
entertained only once.
2.p. your borrowal accounts are subject to the applicability of KYC (Know Your Customer)
guidelines in terms of directives from RBI currently in force. We seek your co-operation in
furnishing the required personal information / data under the requirements of KYC guidelines as
and when the same is sought by us.
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2.Q. In case the borrower is a company falling under the purview of Campanies Act 1956, the
release of Credit Facilities will be subject to the Company holding valid Corporate Identity
Number (CIN) and all Directors of the Company holding Directors Identification Number
(DIN).
2.q.1 In respect of loan accounts (with credit limits of above Rupees Five Lacs) which are
renewed with delay, processing charges shall be collected proportionately for the period from the
due date of renewal up to the date of actual renewal as per the schedule of charges prescribed.
2.q.2 In addition to the processing charges for the lapsed period, processing charges shall also be
collected for one year from the date of actual renewal.
2.q.3 Processing charges calculated as above is appended:
For the lapsed period Rs. /=
For the next one year till( 11/02/2016
date)
Rs.3000/=
Total Rs.3000/=
This amount is non-refundable even if you do not take up the limits Renewed or foreclose the
loan/ facilities account within the period mentioned.
2.r. The information/data pertaining to all your borrowal accounts shall be furnished to Credit
Information Bureau of India Limited (CIBIL) and other Agencies/Authorities, from time to time in
terms of mandatory provision in force.
3. Guarantor/s is/are advised to take notice that the bank shall have the right to exercise
discretion with regard to allowing the loanee to withdraw amount from the loan account
over and above the limit sanctioned and the guarantee to be extended shall cover such an
eventuality also.
4. This Sanction Advice is being delivered to you in duplicate. Kindly return the duplicate
copy of this Sanction Advice duly signed on all pages by you as also by the guarantor/s in
token of your acceptance of Credit facility/ facilities sanctioned to you on the Terms and
Conditions specified herein.
Deputy / Second Line Manager First Line Manager
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Name of Facility Limits Margin Interest Rate
AGRICULTURAL ADVANCES
SHORT TERM LOAN AGAINSTWAREHOUSE RECEIPTS
THROUGH M/s SREE SESHADRICOLD STORAGE PVT LTD
990000/=
(RUPEES.NINE
LAKHS NINTY
THOUSANDS
ONLY ONLY)
1023300/= BPLR-0.5%
Presently 10.25%
Prime Security : Against pledge of ware house receipt of the following commodity,
Commodity/Variety No. of Bags/Units ApproximateQty Kg.
CHANNA 479BAGS/60KGS 28740KGS
CHANNA 320BAGS/50KGS 16000KGS
0BAGS/KGS 0KGS
Repayment of Term Loan :
The loan should be repaid within 12 months after date of first disbursement. Holiday period interestshould be serviced as and when debited during the holiday period.
Guarantors :-
Terms and conditionsOther Terms and conditions:
1.You should pay/ regularize the account if the prices of goods tend to fall
Without allowing us to recourse to forced sale of goods by Bank.2. The Goods deposited in the warehouse should be comprehensively insured for the full
value with the Banks clause by Warehouse.
Date : Deputy/Second line manager First line Manager
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DEMAND PROMISSORY NOTE
RS. 990000/- PLACE: BELLARY
DATE: 11/02/2016
On Demand I/We M LEELAVATHI S/O W/O LOKANATH NAIDU,EAST 2ND CROSS
jointly and severally Promise to pay INDIAN OVERSEAS BANK, or order, the sum of
Rupees 990000/-(Rupees. NINE LAKHS NINTY THOUSANDS ONLY ONLY) for
value received together with interest thereon at the rate of -0.5% percent over/below the
Banks Benchmark Prime Lending Rate as may be revised by the Bank from time to time
(which at present is 9.70%) and the present effective rate of interest at percent
per annum from this date until repayment in full with HALF YEARLY rests or at such rates
and rests as may be revised by the Bank on its own or as per the instruction of the Reserve
Bank of India from time to time.
(Signature of the Borrower/s)
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ANNEXURE-II
INDIAN OVERSEAS BANK
BELLARY BRANCH
Name of the Applicant: M LEELAVATHI
Appraisal Form for Advance against Warehouse Receipts
1. Details of crop produce & storage :
Sl.No. Name of the crop Quantity Market Value
(Rs.)
M S P Value
(Rs.)
1 CHANNA 28740 1293300
2 CHANNA 16000 720000
3 0 0
TOTAL
2013300
Sl.No. Warehouse/ColdStorage Receipt
No.
Name of State/Centre Ware-houseCorporation/Private unit issued the Receipt
1 201600018 M/S SREE SESHADRI COLD STORAGE PVT., BELLARY.
Whether our lien is marked on Warehouse Receipt : Yes/No
If the warehouse/cold storage receipt is from private unit? : Yes/No(An approved List of Warehouses/Cold storages from other banks/NABARD to be
obtained and maintained by Ros)
2. Proof of land record or lease agreement & Details : 152 TOTAL 12.03 ACARES
3. Declared that produce is free from any kind YES
of charge to others
4. Total value of all the produce : Rs. 2013300/=
Less Margin 40% : Rs.1023300
Net eligible loan : Rs.990000
Terms of Repayment proposed : 12 Month ends on : 09/02/2017
Signature of Appraising Officer
SENIOR MANAGER
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CERTIFICATE OF DOCUMENTATION FOR ADVANCES
FROM TO
NAME : UDAY KUMAR : THE SENIOR MANAGERROLL NO : 51586 : INDIAN OVERSEAS BANK
DESIGNATION: MANAGER II LINE : BELLARY BRANCH
=======================================================================
CREDIT FACILITIES ADVANCE DOCUMENTS
ACCOUNT: M LEELAVATHI
FACILITY: CHANNA
AMOUNT: 9,90,000========================================================================
I hereby certify that the relevant advance documents as per instructions in the
Book of Instructions/ Documentation Manual and Circulars issued from time to
time/Sanction Endorsements have been obtained from the captioned borrower in
respect of the loan (Indicate nature of the loan)
___________________________________ facilities sanctioned by you/RO/CO
vide sanction No: ___________________________dated ________________
and that the documents are complete in all respects.
(SIGNATURE)
1