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Loan Agreement

This Loan Agreement (“Agreement”) is being entered into this 23rd day of Jun, 2019 between

1. Jalan Chemical Industries Private Limited, a RBI registered Non Banking Financial
Company having Corporate Identification Number U29110WB1947PTC015145, herein after
referred to as “Benefactor” (which expression shall unless repugnant to the subject and
context hereof be deemed to include its successor(s)-in-office, nominees, and assigns) of the
First Part; and

2. Karan Sharma, son/daughter of Sunil Kumar Sharma herein after referred to as


“Beneficiary” (which expression shall unless repugnant to the subject and context here of be
deemed to include the successors of the Beneficiary) of the Other Part.

Each of the Benefactor and the Beneficiary are herein after individually referred to as “Party” and
collectively as the “Parties”.

Transaction details Schedule

This transaction details schedule (“TD Schedule”) is an integral part of the Agreement. The terms
defined in this TD Schedule shall have the meanings ascribed to them herein when used in this TD
Schedule or the Agreement.

1. Amount

This Agreement between the Benefactor and the Beneficiary is for amount of Rs.500.00
(“Principal Amount”).

2. Interest and Processing Fee

An amount of Rs.100 (“Interest”) is payable by the Beneficiary, along with the Principal Amount,
on or before the Repayment Date mentioned below. Additionally, an amount of Rs.0 shall be
deducted by the Benefactor from the Principal Amount provided by the Benefactor to the
Beneficiary under the Transaction (as that term is defined in the Agreement) by way of a one-time
processing fee (“Processing Fee”).

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3. Beneficiary’s phone number and notice details:

1. Primary mobile number: 7838522934

2. Alternate mobile number:

3. Beneficiary’s address: S-105 3rd Floor, Near Sanjeevani Public School, Pa, ., New Delhi, DELHI,
110059

4. Beneficiary’s email: ks880052@gmail.com

4. Beneficiary’s IP Addresses: 02:00:00:00:00:00

5. Beneficiary’s MAC Addresses: 56993984

6. Other Beneficiary information:

1. Mobile handset UID: e15c557832351fc0

2. Mobile handset IMEI: 865332040995319

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3. Mobile handset model: AUM-AL20

4. Approximate location at time of signing contract: 0.0 and 0.0

7. Dates and Time

1. Commencement Date and Time: 23rd Jun,2019 22:50:15

2. Repayment Date/Expiry Date: 22nd Aug,2019

3. Late Payment Interest Amount: Rs.4 per day from Repayment Date

4. Date of Execution: 23rd Jun,2019

5. Time of Execution: 22:50 15

8. Disbursal information

1. Bank name:

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2. IFSC Code:

3. Account number:

4. Bank transaction confirmation number:

OR

5. Paytm wallet number: 7838522934

6. Paytm confirmation number: 15613104131738110

9. Unique Loan ID

1. Unique Loan ID No.: CRB84A5DDDID2474989

WHEREAS

A. The Beneficiary has requested the Benefactor to advance the Principal Amount (as defined in the
Transaction Details Schedule) and the Benefactor - relying upon the representations and
warranties made by the Beneficiary - has agreed to advance the Principal Amount to the
Beneficiary.

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B. The Benefactor will transfer the Beneficiary’s required Principal Amount to the bank account or
pre-paid instrument/wallet / payments bank account of the Beneficiary. Then after the given time
the Beneficiary will transfer an amount equal to the Principal Amount, Interest, and any applicable
Late Payment Interest Amount, to the Benefactor using any of the modes contemplated in this
Agreement ("Transaction") in accordance with the terms and conditions contained herein.

IN CONSIDERATION of the mutual covenants and agreements set forth herein, and for other good and
valuable consideration, the receipt and sufficiency of which is acknowledged, the Parties, intending to be
legally bound by this Agreement, hereby agree as follows

NOW THIS AGREEMENT WITNESSETH AS BELOW:

1. DEFINITIONS AND INTERPRETATION

1.1 In this Agreement the following expressions shall, unless the context otherwise requires, have the
following meanings:-

(i) “Applicable Law” means any statute, law, enactment, regulation, ordinance, policy, treaty, rule,
judgment, notification, directive, guideline, requirement, rule of common law, order, decree, bye-
law, permits, licenses, approvals, consents, authorizations, government approvals, or any
restriction or condition, or any similar form of decision of, or determination, application or
execution by, or interpretation or pronouncement having the force of law of, any governmental
authority having jurisdiction over the matter in question, whether in effect as of the
Commencement Date or thereafter.

(ii) “Commencement Date” shall have the meaning ascribed to it in Clause 2 of this Agreement;

(iii) “Expiry Date” shall have the meaning ascribed to it in Clause 2 of this Agreement;

(iv) “Maybright” shall mean Maybright Ventures Pvt. Ltd.

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(v) “Person” shall mean and include an individual, association of persons, corporation, trust,
partnership, unincorporated body or any other entity;

(vi) “Term” shall have the meaning ascribed to it in Clause 2 of this Agreement.

(vii) “Working Day” shall mean a day on which the Beneficiary’s or Benefactor’s bank allows
money transfer via national electronic fund transfer (NEFT).

1.2 Interpretation

Unless the context of this Agreement otherwise requires:

(a) words using the singular or plural number also include the plural or singular number,
respectively;

(b) words of any gender are deemed to include all genders;

(c) the terms “hereof”, “herein”, “hereby”, “hereto” and derivative or similar words refer to this
entire Agreement or specified Clauses of this Agreement, as the case may be;

(d) the term “Clause” refers to the specified Clause of this Agreement;

(e) references to Recitals, Clauses, Annexures or Schedules are, unless the context otherwise

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requires, to Recitals, Clauses of, Annexures or Schedules to this Agreement.

(f) heading and bold typeface are only for convenience and shall be ignored for the purpose of
interpretation.

(g) reference to any legislation or Applicable Law or to any provision thereof shall include
references to any such Applicable Law as it may, after the date hereof, from time to time, be
amended, supplemented or re-enacted, and any reference to statutory provision shall include any
subordinate legislation made from time to time under that provision;

(h) reference to the word “include” shall be construed without limitation

2. TERM AND TERMINATION

2.1 Term

This Agreement shall become effective from 23rd Jun,2019 22:50:15 (the “Commencement
Date”) and shall remain valid till 22nd Aug,2019 (the "Expiry Date") (“Term”) or in effect unless
terminated in accordance with Clause 2.2 of this Agreement.

2.2 Termination

This Agreement may be terminated in the following manners:

a) Benefactor may terminate this Agreement without any notice in the event of a Default under
Clause 3 of this Agreement with applicable damages.

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b) This Agreement may be terminated at any time prior to the Term by mutual agreement of the
Parties.

On termination of this Agreement Beneficiary shall repay the entire Principal Amount and any Late
Payment Interest Amount to the Benefactor within 2 Working Days of such termination.

3. DEFAULT

3.1 The following events shall be construed as a default for the purpose of Clause 3 of this Agreement
(“Event of Default”):

a) Beneficiary is in violation of any of the Applicable Law;

b) Beneficiary is in breach of any of his obligations and liabilities under this Agreement.

3.2 The occurrence of such Event of Default shall be considered to be a default of this Agreement
("Default"). Benefactor by itself or through any third parties engaged by the Benefactor for this purpose
(“Default Notice”).

4. TRANSACTION:

4.1 Beneficiary shall repay an amount equal to the Principal Amount and the Interest to the Benefactor
before the Expiry Date. Unless otherwise intimated by the Benefactor, the Beneficiary shall repay such
amounts using the ‘mPokket’ application operated by Maybright.

4.2 In the event of late repayment by the Beneficiary, the Beneficiary shall be liable to pay Rs.4 per day
following the Repayment Date (“Late Payment Interest Amount” ) and the same shall be transferred to
the Benefactor along with Principal Amount and Interest amounts.

4.3 Benefactor shall advance the Principal Amount to the Beneficiary using third party service providers
within one Working Day from the Commencement Date of this Agreement. The benefactor shall assign a
‘Unique Loan ID’ in relation the transaction set out herein, as provided in the TD Schedule.

4.4 In case of a failure on part of the Beneficiary to repay any of the aforementioned amounts, the
Benefactor shall be entitled to undertake any course of action (to recover the amounts due) that is not

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prohibited under Applicable Law, including without limitation:

a) initiate civil or criminal proceedings against the Beneficiary;

b) disclose the fact of such default by the Beneficiary to third parties via any medium (online or
offline) for necessary remedial steps; without prejudice to the generality of the foregoing, and
notwithstanding anything contained in this Agreement, the Beneficiary agrees that the Benefactor
may, either directly or through any agents or employees, publish any information about the
Beneficiary (other than any information that may be construed as sensitive personal data or
information as defined under the Information Technology (Reasonable Security Practices and
Procedures and Sensitive Personal Data or Information) Rules, 2011) on public websites, social
networking websites, notice boards, or other public fora, and share such information with third
parties, such as debt collection agencies, credit rating agencies, loan providers, banks, non-
banking financial institutions, and any other third party that the Benefactor may in its sole
discretion determine appropriate and necessary, and that the Beneficiary does not have, and shall
not raise at any time, any objection or action in relation to the Benefactor publishing or sharing the
Beneficiary’s information in the manner described herein;

c) engage recovery agents or third party service providers for the purpose of recovery;

d) take any action against the Beneficiary with or without the intervention of the courts of law in
India; and

e) exercise any general or special lien or right to set-off to which the Benefactor is or may by law,
equity or otherwise be entitled, or any rights or remedies available to the Benefactor.

In case of failure on part of the Beneficiary to repay the aforementioned amounts, the Beneficiary hereby
agrees that the Benefactor or its recovery agents (acting on behalf of the Benefactor) may recover the
amounts due in part or full from the Beneficiary’s bank accounts or the Beneficiary’s accounts maintained
with third party pre-paid instrument providers or payments banks such as Paytm Wallet (issued by Paytm
Payments Bank Limited), including without limitation by reversal of any amounts credited to such
payments bank accounts or electronic-wallets.

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4.5 The remedies available to the Benefactor under this Agreement, at law, equity, custom, trade
practice or otherwise are cumulative and not alternative and may be enforced concurrently or
successively at the discretion of the Benefactor.

5. REPRESENTATIONS AND WARRANTIES

5.1 The Parties hereby represent and warrant that

a) No intellectual property rights, trade secret or other proprietary rights or rights of publicity or
privacy rights of any Person is being infringed by either Party during the course of this Agreement;

b) The Parties have the full power and authority to enter into, execute and deliver this Agreement
and tto perform the obligations contemplated hereby

c) The execution and delivery of this Agreement by the Parties and the performance of the
obligations contemplated hereby have been duly authorised by all necessary actions;

d) The execution, delivery and performance of this Agreement by the Parties and the
consummation of the obligations contemplated hereby will not: (a) violate any provision of its
organisational or constitutive documents (if applicable); (b) violate any order, judgment or decree
against, or binding upon them or upon its respective securities, properties or businesses; or (e)
violate any Applicable Law;

e) No litigation, claim, dispute or proceeding is pending against the Parties which would adversely
affect this Agreement in any way;

f) Neither Party has entered into any agreement that would prevent it from fulfilling any of the
obligations under this Agreement.

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5.2 The Benefactor represents that it is duly incorporated and validly existing under the laws of India.

5.3 The Beneficiary represents that all the information provided by the Beneficiary in connection with
this Agreement and the Transaction are complete, true, accurate and current. The Beneficiary further
represents that the Beneficiary is a citizen of India and a person resident in India for the purpose of
India’s taxation and foreign exchange laws.

6. INDEMNITY

The Beneficiary shall indemnify, defend and hold the harmless Benefactor, its directors, officials,
employees, agents, contractors, customers and partners from and against all or any damages,
claims, penalties, fines, losses, costs paid or incurred by the Benefactor as a result of, arising from,
or in connection with, or relating to any breach or failure of performance (in whole or in part) by
the Beneficiary of any obligation, covenant or agreement contained in this Agreement or any fraud,
gross negligence, wilful misconduct attributable to the Beneficiary.

7. DISPUTE RESOLUTION

7.1 Negotiation

Subject to applicable laws, the Parties shall negotiate in good faith and use reasonable efforts to
settle any dispute, controversy or claim arising from or related to this Agreement (each, a
“Dispute”). In the event that the Parties are unable to, within 30 (thirty) days, to reach a
resolution, such Dispute shall be referred for negotiation to a mutually acceptable party who shall
attempt in good faith to reach a resolution of the Dispute. If the foregoing procedures fail to
achieve a mutually satisfactory resolution within 30 (thirty) days, then either Party may, by written
notice to the other Party, elect to have the matter settled by binding arbitration pursuant to
Section 7.2 (Arbitration) of this Agreement.

7.2 Arbitration

Any Dispute not resolved in accordance with Section 7.1 of this Agreement (Negotiation) shall be
referred to binding arbitration before a sole arbitrator appointed solely by the Benefactor under
the Arbitration and Conciliation Act, 1996 and the rules made there under, as amended and in
force, from time to time.

It is expressly agreed between the Parties that:

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a) The venue and seat of such arbitration shall be Kolkata.

b) The arbitration proceedings shall be conducted in the English language.

c) The arbitration award shall be final and binding on the Parties.

8. MISCELLANEOUS

8.1 Notice: Unless otherwise stated herein, (i) the Benefactor may issue notices and other
communications to the Beneficiary pursuant to this Agreement by SMS, email, Whatsapp, Facebook
or other social media, personal delivery, or by prepaid registered mail addressed to the Beneficiary at the
phone number, address or other coordinates of the Beneficiary specified in the TD Schedule; (ii) the
Beneficiary may issue notices and other communications to the Benefactor pursuant to this
Agreement by way of email to support@mpokket.com. Notices shall be deemed to be effective (a) when
delivered, if personally delivered, (b) upon receipt in the recipient’s email account or SMS
account/service, when sent by email or SMS; (c) three days after posting, if sent by registered mail.

8.2 Governing Law and Jurisdiction: This Agreement is governed by and shall be construed in
accordance with the laws of India.

8.3 Waivers: No forbearance, delay, or inaction by any Party at any time, in exercising a right shall
operate as a waiver or acquiescence to a breach under this Agreement by the other Party. No waiver of
right or acquiescence to non-compliance shall be effective or deemed made unless made in writing and
duly executed by the Benefactor. Any such waiver or acquiescence shall be effective only in the specific
instance and for the specific purpose for which it is given and may be subject to such conditions as the
waiving or acquiescing Party may impose at its sole discretion. No such waiver or acquiescence in
respect of a breach shall be construed as a waiver, acquiescence or consent to, any continuing or
succeeding breach.

8.4 Force Majeure: Neither Party shall be responsible for a delay in its performance under this
Agreement, other than a delay in payment for services already performed, if such delay is caused by
extraordinary weather conditions or other natural catastrophes, war, riots, strikes, lockouts or other
industrial disturbances, acts of any governmental agencies or other events beyond the reasonable control
of the claiming Party.

8.5 No Assignment: The obligations of the Beneficiary under this Agreement shall not be assigned or
transferred to any third party without the prior written consent of the Benefactor. The Benefactor may
assign any of its rights or obligations to a third party by providing intimation thereof to the Beneficiary.

8.6 Entire Agreement: This Agreement shall constitute the entire Agreement and understanding

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between the Parties with respect to this Transaction. Any previous and future Agreements related to
other Transactions between the Benefactor and Beneficiary shall not be affected by the terms of this
Agreement.

8.7 Partial Invalidity: In the event of one or more of the provisions of this Agreement being invalid,
illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining
provisions shall not in any way be affected or impaired thereby.

8.8 Amendment: This Agreement shall not be modified except by an instrument or instruments in
writing signed by the each Party or an authorized representative of the Party, as the case may be.

8.9 Harmonious Interpretation: This Agreement must be interpreted and construed in harmony with
the General terms of Use and the Terms of Registration that have been agreed to by both the Benefactor
and the Beneficiary before the use of the Website/ Application.

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