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THIS LOAN AGREEMENT executed in …………………. (Place) on this day ……,,, of …………………… 201…. between SHRIRAM CITY UNION FINANCE LTD a company incorporated under the Companies Act 1956 having its Registered Office at 123 Angappa Naicken Street, Chennai - 600001 and represented by its (HEREIN AFTER REFERRED TO AS SHRIRAM CITY IN THIS AGREEMENT) (Incharge of Jewel loan) of ………………….branch Mr. / Ms. ……………….…………………. S/o /W/o / D/o .………………….…………………. AND

Shriram Chit Jewel Loan Agreement

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Page 1: Shriram Chit Jewel Loan Agreement

THIS LOAN AGREEMENT executed in …………………. (Place) on this day ……,,, of

…………………… 201…. between SHRIRAM CITY UNION FINANCE LTD a company

incorporated under the Companies Act 1956 having its Registered Office at 123 Angappa

Naicken Street, Chennai - 600001 and represented by its (HEREIN AFTER REFERRED TO AS

SHRIRAM CITY IN THIS AGREEMENT) (Incharge of Jewel loan) of ………………….branch

Mr. / Ms. ……………….…………………. S/o /W/o / D/o .………………….………………….

ANDMr. / Ms. ……………….…………………. S/o /W/o / D/o .………………….……………. aged

about …….. residing at (HEREIN AFTER CALLED THE BORROWER IN THIS

AGREEMENT)

Page 2: Shriram Chit Jewel Loan Agreement

Whereas Shriram City proposes to extend business cum personal loans to credit worthy

individuals at it's (Shriram City's) discretion on such security as it deems fit,

Whereas the Borrower has approached Shriram City for such personal loans and applied

for personal loans,

Whereas Shriram City has considered the borrower's application and decided to extend

the personal loans to the borrower from time to time

Whereas the parties hereto deem it proper to reduce to writing the terms of such loans,

NOW THIS LOAN AGREEMENT WITNESSETH AS UNDER:

1) Shriram City hereby agrees to sanction personal loans to the borrower from time to time

upon specific request of the borrower.

2) The personal loans shall carry interest at………… % per annum payable at monthly

quarterly rests.

3) The entire principal and the interest due in respect of each one of such personal loans

shall be repayable within such period as may be agreed upon. In the event of any default

on the part of the borrower in spraying the debt within the time stipulated, the borrower is

bound to pay additional interest of 3% over and above the contractual interest for the

period of default.

4) The borrower shall execute a separate promissory note in favor of Shriram City in respect

of each one of such loans as and when such loans are availed.

5) The borrower shall also create pledge of the jewelleries owned by him / her by way of

separate pledge letter as security for each one of such personal loans extended to him /

her. Each loan will be secured by a separate pledge.

6) The borrower shall also execute an irrevocable general power of attorney in favour of

Shriram City or its nominee, authorising Shriram City or such nominee to sell the

pledged jewelleries by public auction or by private negotiations and appropriate the sale

proceeds towards the total loan outstanding payable by him / her to Shriram City.

7) The parties hereto agree that Shriram City shall be entitled to terminate this loan

agreement and exercise the power to sell conferred by means of the irrevocable power of

attorney upon the happening of anyone of the following contingencies namely:

Page 3: Shriram Chit Jewel Loan Agreement

A) In the event of consecutive two monthly installments remaining unpaid

B) In the event of any third party claiming ownership over the pledged jewelleries.

C) In the event of any misrepresentation or suppression of material facts in the loan application.

D) In the event of refusal on the part of the borrower to renew the loan documents at the request of Shriram City for renewal.

E) In case of any conduct on the part of the borrower which is, in the opinion of Shriram City, not conducive to the further continuation of the loan transaction with the borrower.

Shriram City shall exercise the power of termination and sale pursuant to this Clause after

issuing 7 days' notice in writing to the borrower calling upon the borrower to comply with the

demands made in the written notice.

Notice in writing properly & duly stamped & addressed to borrower's address as given in

the loan application shall be deemed to be proper notice under these presents. The decision of

Shriram City to invoke power of termination & sale under these presents shall be final and shall

not be called in question.

8) The pledged jewelleries shall be kept in safe custody by Shriram City either in Head

Office or at any other Office at its discretion.

9) The borrower covenants with Shriram City that

A) The particulars furnished in the loan application are true and correct.

B) The jewelleries pledged by him I her (the borrower) are his I her own and that no

third party has any claim over the same.

C) In the event of any third party claim to the pledged jewelleries, the borrower shall

do and cause to be done all that is necessary to protect the interests of Shriram

City.

D) In the event of any third party claim to the pledged jewellery, Shriram City is

entitled to exercise all the rights that the borrower may have against such third

party as well as the pledged jewellery in question and deal with the third party

claims to the pledged jewelleries accordingly without reference to the borrower.

E) In the event of any third party claim to the pledged jewellery, Shriram City is

entitled to enter into any kind of arrangement with such person who lays claims to

the pledged jewelleries without reference to the borrower.

Page 4: Shriram Chit Jewel Loan Agreement

F) In the event of any third party claim to the pledged jewellery, Shriram City is

entitled to entertain and assess such third party independently with respect to

tenability, admissibility and geniuses of such claims without reference to the

borrower.

G) If the third party's claim to the pledged jewellery is found to be tenable and

genuine, Shriram City is entitled to receive the amounts due in respect of such

pledge from the third party concerned, appropriate the same towards the

outstanding and return the pledged jewellery to such third party.

H) In the event of any third party claim to the pledged jewellery, Shriram City is

entitled to dispose of and/or deal with the pledged jewelleries in its discretion

without reference to borrower having regard to the tenability, admissibility and

genuineness of the claims of any third party to the pledged jewelleries.

I) In the event of any third party claim to the pledged jewellery, Shriram City is

entitled to take or initiate all such steps as may be available including legal

proceedings in appropriate court of law to protect the interests of Shriram City

Union Finance Ltd without reference to the borrower.

J) Any third party claim over the pledged jewelleries may be construed as clothing

Shriram City with power to terminate this agreement and resort to power of sale

on the basis of the irrevocable power of attorney executed by him / her.

K) This loan agreement and the irrevocable general power of attorney shall be valid

and remain in force till the borrower pays all the outstanding in respect of all the

pledge loans availed by him / her.

L) The power of attorney holder nominated by the borrower under the terms of the

irrevocable general power of attorney shall always act and exercise the powers

conferred upon him / her in consultation and coordination with Shriram City.

M) The rights vested with Shriram City in terms of this agreement can be exercised or

invoked by Shriram City in its best discretion either unilaterally or in consultation

with the borrower. The decision of Shriram City to act unilaterally or in

consultation with the borrower shall be final and it shall not be called in question

by the borrower under any circumstances whatsoever.

N) If the borrower is desirous of challenging any third party claim to the pledged

jewellery, he shall do so in writing to Shriram City setting out the grounds of such

Page 5: Shriram Chit Jewel Loan Agreement

challenge. However the borrower's written challenge to any third party claim shall

be entertained by Shriram City only if the borrower pays to Shriram City all the

amounts outstanding in respect of the particular pledge loan.

10) Shriram City shall issue a separate pawn letter for each pledge in duplicate and deliver

the original to the borrower; such pawn letter will be prima facie proof of pledge.

11) The borrower is entitled to pay-off all the dues to Shriram City and redeem his / her

jewelleries pledged by him / her.

12) Upon redemption of the pledge loan, the pawn letter shall be surrendered to Shriram City.

Without the production of the original pawn letter, the borrower will not be permitted to

redeem the pledge loan.

IN WITNESS WHEREOF THE PARTIES HERETO HAVE SET THEIR HANDS TO THESE

PRESENTS ON THE DATE, MONTH AND YEAR HEREIN BEFORE MENTIONED.

WITNESSES BORROWER

1.

SHRIRAM CITY UNION FINANCE LTD2.

Page 6: Shriram Chit Jewel Loan Agreement

POWER OF ATTORNEY

Know all men by these presents that I, …………………………………. son /wife /daughter of

………………………………….aged …….. years and residing at

…………………………………. do hereby execute this power of attorney appointing and

nominating Mr./Ms.……………………………. S/o / W/o / D/o ……………………………….

as my power of attorney holder to act in my name and on my behalf;

Whereas I have availed several personal loans from Shriram City Union Finance Ltd on a

regular basis,

Whereas I have executed a general loan agreement in favour of Shriram City Union

Finance Ltd evidencing the series of loan transactions,

Page 7: Shriram Chit Jewel Loan Agreement

Whereas I have also pledged my own jewelleries from time to time with Shriram City

Union Finance Ltd as security for the loan availed by me,

Whereas I have redeemed such of those items of jewellery from Shriram City Union

Finance Ltd in respect of which I have paid off the loan in full.

Whereas at any point of time there remains pledged with Shriram City Union Finance Ltd

some items of jewelleries as security for the loans that remain unpaid

Whereas as per the terms of the loan agreement I have to execute a general power of

attorney in favour of a nominee of Shriram City Union Finance Ltd conferring power of sale in

respect of the jewelleries that still remain in pledge with Shriram City Union Finance Ltd.

NOW THIS POWER OF ATTORNEY WITNESSETH AS UNDER:

I, …………………………………. son/wife/daughter of . ……………………………….

here by appoint and nominate Mr/Ms . …………………………………………………….…….

S/o / W/o / D/o ………………………………….as my power of attorney holder to act in my

name and on my behalf and more particularly to do the following acts:

1) To sell the pledged jewelleries either in public auction or by way of private treaty

or negotiations.

2) To determine or fix the minimum price for each item of jewelleries or for the

whole lot of the pledged jewelleries in his / her discretion.

3) To receive the sale price from the prospective purchaser or purchasers.

4) To handover physical possession of the jewelleries to the prospective purchaser or

purchasers.

5) To obtain proper documentation evidencing the sale of the jewelleries to the

prospective purchaser.

6) To appropriate the sale proceeds towards the loan outstanding.

7) To deal with any third party claims to the pledged jewelleries without reference to

me.

Page 8: Shriram Chit Jewel Loan Agreement

8) To deal with the person who raises such third party claims to the pledged

jewelleries without reference to me.

9) To enter into any kind of arrangement with such person who raises such third

party claims to the pledged jewelleries without reference to me.

10) To entertain and assess such third party claims independently without reference to

me with respect to tenability, admissibility and genuineness of such claims.

11) To dispose of and/ or deal with the pledged jewelleries in his / her discretion

without reference to me having regard to the tenability, admissibility and

genuineness of the claims of any third party to the pledged jewelleries.

12) To accept payments of money from such persons who lay claims to the pledged

jewellery and appropriate the proceeds towards the amounts due by me on

account of the pledge of such jewellery without reference to me.

13) To issue full discharge receipt to SUCR third party who pays the amount

outstanding in any pledge loan and return the pledged jewellery to such third

party after obtaining proper documents without reference to me.

14) To exercise all the powers and rights that I may have in the event of any third

party claim to the pledged jewellery.

15) To take or initiate all such steps as may be available including legal proceedings

in appropriate court of law to protect the interests of Shriram City Union Finance

Ltd in case of any third party claims to the pledged jewelleries without reference

to me.

16) To appoint advocates and sign vakalath

17) To sign and verify plaints, written statements, affidavits, petitions and all other

forms of pleadings.

18) To initiate and file suits, appeals, revision petitions, insolvency proceedings, writ

petitions, writ appeals, special leave petitions and the like in all competent court

of law.

19) To submit to arbitration

Page 9: Shriram Chit Jewel Loan Agreement

20) To enter into compromise in all legal proceedings in all courts of law.

This power of attorney shall be irrevocable and shall be in force so long as lower amounts

to Shriram City Union Finance Ltd on account of the loans availed by me.

I hereby undertake to ratify all such actions as may be done or initiated by the power of

attorney holder in the exercise of powers hereby conferred upon him.

IN WITNESS WHEREOF I, …………………………………. HAVE SET MY HANDS

TO THESE PRESENTS ON THIS DAY OF ………………………………….201 ….

WITNESSES:

1.

2.

SIGNATURE OF THE BORROWER

Page 10: Shriram Chit Jewel Loan Agreement

GENERAL POWER OF ATTORNEY

THIS GENERAL OF POWER OF ATTORNEY is executed on this _______________ day of

__________.2012, by Son of ____________________, Hindu / Christian / Muslim; aged about

___ years, residing at __________________, hereinafter called the PRINCIPAL

WHEREAS

A) I am carrying on the business of licensed Pawn broker bearing No. ______________

under the name and style of

________________________________________________________________________

(address of the shop business)

B) Since I am often out of Station due to my business engagements and pre-occupations, I

am personally unable to attend to my day to day affairs and for reasons of convenience it

Page 11: Shriram Chit Jewel Loan Agreement

is necessary that I should appoint an attorney and confer upon him the power as

hereinafter stated.

KNOW ALL MEN BY THESE PRESENTS that I the said

________________________ (Principal), do hereby nominate, constitute and appoint

________________________ (Agent) Son of ____________________________Hindu/Christian

/ Muslim, aged about ____ years, residing at

__________________________________________________________________________ who

is none other than my employee/relation working in my aforesaid concern for and on behalf of

me, as my true and lawful / POWER OF ATORNEY for me and in any of the said capacities and

in the name and on behalf of me to do, exercise, execute and perform all or any of the following

acts. deeds, and things, namely:-

1. To pledge gold jewels, on my behalf, genuine in nature, and under my lawful possession

and deposit the same with M/ s. Shriram City Union Finance Limited having office at

_______________________ in consideration of money lent by the said M/ s. Shriram

City Union Finance Limited, holding the jewels as security by way of pledge for securing

the said loan repayments by me and on my behalf

2. To borrow money or moneys from time to time from MI s. Shriram City Union Finance

Limited against the gold jewels, genuine in nature, belonging to me and to execute, sign

the necessary documents and, forms etc., and register mortgage, charges, transfer and I or

give other security or securities by any other deed or deeds on such terms and conditions

as my said power of attorney may think fit and proper.

3. To enter into, sign, execute, any agreements, pro note, receipt, lien letter, etc., in that

regard on such terms and conditions, as my said power of attorney may think fit and

proper with MI s. Shriram City Union Finance Ltd.,

4. To pay the installment due to M/s. Shriram City Union Finance Limited on the respective

due dates without default according to the terms and conditions of the agreements entered

thereon.

5. That in case of default of repayment of loan along with interest and other expenses

thereon with specified period, by my agent, the aforesaid M/s. Shriram City Union

Finance Limited shall be authorized to sell the aforementioned gold jewels and out of the

sale proceeds after defraying all costs and expenses of the said sale appropriate the same

towards the interest and the Principal amount of the loan.

6. To receive such documents I letters I notices sent on my behalf in connection with the

loan transaction.

Page 12: Shriram Chit Jewel Loan Agreement

7. To agree to charge or pay any interest or other considerations for the said loan and I or

advance and to vary such rates of interests or consideration from time to time.

8. To receive back the said gold jewels, that had been pledged, hypothecated, mortgaged,

charged or in any other manner encumbered, by paying all dues that are payable to

M/s.Shriram City Union Finance Limited and give due acknowledgement on my behalf.

9. To remit, reduce or settle any claims of monies, losses and / or damages.

10. To institute or defend appropriate legal proceedings, sign Vakalath, engage counsel, enter

into compromise or compromises with regard to these presents.

11. That the Power of Attorney shall keep a true and correct account of all income and

expenditure and shall render an account of all income and expenditure whenever asked

for by me.

12. No consideration has been passed form me to the Power of Attorney in executing this

Power of Attorney Deed and there has been no transfer of any title from me to the Power

of Attorney through this Power of Attorney Deed.

13. And generally my said POWER OF ATTORNEY AGENT shall have the powers to do

all such acts, deeds and things on my behalf as I could have lawfully done, if personally

present.

And I do hereby for myself, my heirs, executors, administrators and legal representatives

ratify and confirm and agree to ratify and confirm all and whatsoever my said POWR OF

ATIORNEY shall lawfully do or cause to be' done by virtue of these presents.

IN WITNESS WHEREOF, I HAVE SIGNED THIS DEED OF GENERAL POWER OF

ATIORNEY ON THIS _______________ DAY OF _______________ 2012, IN THE

PRESENCE OF THE FOLLOWING WITNESSES.

WITNESSES PRINCIPAL

1.

2.