MORD Format - 28.05.2024 - Legal VettingFirrst Four Pages

You might also like

Download as pdf or txt
Download as pdf or txt
You are on page 1of 4

1

MEMORANDUM OF RE-DEPOSIT OF TITLE DEEDS

This Memorandum of Re-Deposit of Title Deeds executed on this the 11th day of June
2024

by

M/s. SOUTHERN COTSPINNERS COIMBATORE PRIVATE LIMITED (CIN No:


U17111TZ2004PTC011172; PAN No: AAICS1594C) a Private Limited Company
incorporated under Companies Act 1956/2013, having its registered office at Door
No-27/9 A, Thirunagar, Singanallur, Coimbatore 641005, Represented by its Director
Mr. Anand Devarajan (Aadhaar: 8415 3230 6429) S/o of Mr. Deverajan, residing at
Door No-27/9 A, Thirunagar, Singanallur, Coimbatore 641005 [hereinafter referred as
“Mortgagor/s”

to and in favour of

The Federal Bank Ltd., a banking company within the meaning of Companies Act,
2013, having its Registered Office at Federal Towers, Aluva - 683101, Kerala, carrying
on banking business amongst other places at Br. Coimbatore/ SSI, No. 309, Rajkamal
Towers, Avinashi Road, Peelamedu, Coimbatore, Tamil Nadu 641004 [hereinafter
referred to as the Bank or “Mortgagee”)].

The Mortgagor/s confirm/s having deposited the following documents of title listed
hereunder in Schedule A relating to his/her/their properties more fully described
hereunder in Schedule B(hereinafter referred to as “security properties”) with the
Bank at its Coimbatore/ SSI Branch, located at No. 309, Rajkamal Towers, Avinashi
Road, Peelamedu, Coimbatore, Tamil Nadu 641004 branch which is situated in a
notified town 15.07.2015 with the intention to create equitable mortgage over the
2

security properties as envisaged under Section 58(f) of the Transfer of Property Act in
favour of the Bank as a continuing primary/collateral security for securing the
repayment of the following Loan/s together with interest, charges, cost etc. to the
Bank availed by the Mortgagor(s) and / or M/s Southern Cotspinners Coimbatore
Private Limited, a private limited company, incorporated under Companies Act 1956,
having its registered office at 27/9A, Thirunagar, Singanallur, Coimbatore 641005
Tamil Nadu (hereinafter referred to as “Borrowers”) from the Bank as given below in
Table -I.

The equitable mortgage over the security properties was extended subsequently, by
way of Re-deposit of title deeds on various dates towards security for additional credit
facilities/loans/ enhancements availed of by the Mortgagors and/or the Borrowers
as described below in Table I.

At present the following credit facilities, detailed in Table I hereunder, are outstanding
in the name of the Mortgagor/s and/ or Borrowers covered under the equitable
mortgage of security properties and the Mortgagor/s confirm/s that the benefit of the
mortgage already created shallcover an aggregate amount of Rs. 32,96,72,000/-
(Rupees Thirty Two Crores Ninety Six Lakhs Seventy Two Thousand Only)
(hereafter referred to as “Existing Facilities”) as on date. The mortgagor/s have
executed and registered Memorandum of Deposit of Title deeds (MOD) and
Memorandum of Re-deposit of title deeds (MORTD) in favor of the Bank in connection
with the original deposits/re-deposits as explained above. The details of such MOD /
MORTD are as provided in the Table-I hereunder
3

Table -I
Sl no. Date Nature of Loan Amount Details of MOD/
credit (Rs.) MORTD Registered
facilities
sanctioned
1 15.07.2015 Various Various amounts Doc.No.7278/2015
credit totalling to Rs. dated 03.08.2015
2 19.11.2016 facilities 32,96,72,000/- Doc.No.10682/ 2016
dated 29.11.2016
3 25.01.2017 Doc.No.10682/ 2016
dated 29.11.2016
4 31.01.2017 Doc.No.1381/ 2017
dated 06.03.2017
5 04.12.2017 Doc.No.9826/2017
dated 05.12.2017
6 25.01.2018 Doc.No.3566/2018
dated 23.03.2018
TOTAL Rs.32,96,72,000/-

Further to the above, the Mortgagor/s and/ or the Borrower/s have availed / intend
to avail additional advances / enhancement /reduction of the credit facilities in the
nature of funded and/ or non- funded limits / loans from time to time upto an
aggregate amount of Rs. 12,71,72,000/- (Rupees Twelve Crore Seventy One Lakh and
Seventy Two Thousand Only), from the Mortgagee. The Mortgagor/s having visited
the Mortgagee at its branch afore-mentioned on 26.03.2024 confirms that the
Mortgagors have constructively deposited the documents of title listed in Schedule
A hereunder with an intent to create an equitable mortgage over the security
properties as contemplated under Sec.58(f) of Transfer of Property Act as a continuing
security for the repayment to the Mortgagee of all the amounts owing / payable to or
that may become due and payable hereafter to the mortgagee by the mortgagor/s
and/or the Borrowers” under any credit facility(ies) including the existing facilities
upto the extent of and not exceeding an aggregate amount of Rs. 20,25,00,000/-
(Rupees Twenty Crores Twenty Five Lakhs Only) availed and / or to be availed of
by the Mortgagor (s) and/ or the Borrowers from time to time together with interest
thereon at the rates stipulated by the mortgagee, cost, charges and other incidental
expenses etc., incurred / to be incurred in connection with the realization of the
amount due thereunder.
4

The Mortgagor/s declares that the documents mentioned in Schedule – A, and


deposited with the Bank are the original documents of title belonging to the
Mortgagor/s relating to the security properties and that the security properties are
absolutely owned by him/her/them. The Mortgagor/s further declares that, except
for the mortgage created in favour of the Bank, the Schedule B property is not charged
or encumbered in any way whatsoever; that there are no claim from revenue / tax
authorities and that there are no attachments in respect of the property. The
Mortgagor/s is in actual possession of the security properties subject to the exclusive,
first and paramount mortgage rights of the Bank, and the said security properties are
not subject to any agreement for sale or any other commitments. The Mortgagor has
agreed that he/ she/ it shall not transfer his /her/ its interest therein by way of lease,
sale or otherwise in favour any other person/s without the prior written consent/
permission of the mortgagee bank so long as the mortgage debt is not discharged fully.

The Mortgagor/s declares that the above property belongs to him/her/them


absolutely and no one else has / have any interest therein, and the above property is
free from encumbrances, except for the mortgage created in favour of the Bank. The
Mortgagor/s further undertakes that he/ she/ they shall not dispose of the above
property or create any charge / third party interest by way of mortgage or otherwise
over the above property during the continuance of the mortgage created in favor of
the Bank.
SCHEDULE - A
(Description of Title Deed/s Deposited)

Sl. Nature of Document No. Date Name of Whether


No & Year Registrar/ Original/
Sub Registrar's Certified/
Office Registration
Copy

01 Registered Sale Deed Date. Singanallur Original


executed in favour of 25.05.2005 Sub Registration
M/S. Southern Cot Doc. No.
Spinners Coimbatore Pvt 2731/2005
Ltd., by Subbammal and in
4 others

You might also like