These terms and conditions (“Terms”) between you and SVERA Capital Services Limited (“SCSL”/ “SCSL”)/ (“we”, “us”) form the basis of your relationship with us and the terms on which you will participate in Loan Facility (defined below).
Where we have published/executed a document which is referred to within these Terms (such as a loan agreement), the content of said document shall also form part of these Terms and shall be deemed as being accepted by you. In the event of any inconsistencies or contradictions between these Terms and a document referenced within them, the decisions of SCSL shall be final and binding. Please read these Terms and the loan agreement carefully and ensure that key terms such as interest rate, repayment, security, prepayment etc. are clearly stated before you execute the agreement.
All individual applicants, co-applicants and guarantor(s) [collectively, “the Borrower(s)”, which expression shall, as the subject or context may admit or require, mean any or each of the Applicant/s and/or Borrower/s and/or Co-Borrower(s) and/or Guarantor(s)] , who wish to avail financial assistance across various loan types including Commercial Vehicle Loan, Car Loan, Tractor Loan, Construction Equipment Loan, Two Wheeler Loan, Mortgage Loan, Home Renovation-Mortgage Loan, Insurance Loan, Personal Loan (the “Loan Facility”) from SCSL for the purpose stipulated in the loan application form, sanction letter and/or loan Agreement ( “Purpose”) are required to fill in complete details as required by SCSL and shall submit to SCSL for applying for the Loan Facility.
SCSL shall be entitled at its sole and absolute discretion to reject/approve any application submitted by the Borrower(s) (“Application Form”) for availing the Loan Facility. In the event of any such rejection, SCSL shall not be liable to inform the Borrower(s), the reason for such rejection. SCSL shall peruse the application form along with the additional documents so submitted by the Borrower(s), and if the same is to the satisfaction of SCSL, SCSL shall provide sanction letter to the Borrower(s) outlining the key terms and conditions with respect to the Loan Facility (“Sanction Letter”) and thereafter shall execute a formal loan agreement between SCSL and the Borrower(s) for availing the said Loan Facility (“Loan Agreement”). The Application Form, Sanction Letter, the Loan Agreement, and such other document executed with respect to the Loan Facility shall collectively be referred to as Transaction Documents.
Please be notified that the SCSL is registered as composite Corporate Agent with the Insurance Regulatory and Development Authority of India (“IRDAI”), and accordingly may provide several options of various insurance products to the Borrower(s). To ensure that the Applicant makes an informed decision, the SCSL shall explain the features, benefits, premium, exclusions, and terms & conditions of such insurance products. It is also clarified that there shall be no linkage between the financial Loan Facility being availed and the insurance product purchased, if any. The final decision in this regard shall be made by the Borrower(s)' voluntarily at his/hersole discretion, after having fully understood the features, terms, conditions and the suitability of the product. The SCSL hereby advises the Borrower(s) that in case he/she is coerced, forced or induced in this regard in any manner whatsoever, or if any commission/reward is offered for purchasing any insurance product, by any of the employees, representatives, etc. of the SCSL, then the Borrower(s) must immediately notify the SCSL by connecting with the customer support/service desk, the details of which are displayed on the website.
The Borrower(s) wishes to apply for a loan as mentioned in the form. The Borrower(s) confirms that information given in the application form is true, correct, genuine, to the best of my knowledge and belief, and complete in all aspects, in accordance with their valid government identity proof and the SCSL can use the information for legitimate purpose, as may be required and permitted under the regulatory and statutory guidelines, such as for the purpose of disclosure to authorities and law enforcement agencies, reporting to agencies as prescribed. The Borrower(s) declares that no information has been withheld and/or suppressed in any form. The Borrower(s) hereby understand that the Borrower(s) may, at any time review or withdraw the said consent for processing of personal data by connecting on the customer service desk at 1800 103 9039, or raising a request on www.skfin.in. The Borrower(s) also understand that withdrawing the consent may affect continuance of the facility availed by the Borrower(s). Further, the Borrower(s) understand that such withdrawal of consent shall not affect the lawfulness of processing of personal data based on consent before its withdrawal. The Borrower undertakes to inform/intimate SCSL immediately of any change(s), update(s) in the information provided to SCSL, including but not limited to any change in email/address/contact number, or occupation/employment/constitution. In case any of the above information/details is/are found to be false or untrue or misleading or misrepresenting. The Borrower is aware that he shall be held liable for it and the SCSL may take such necessary action as it deems fit. The Borrower(s) further consent and confirm that the SCSL may, if it so requires, validate and/or authenticate the details submitted by the Borrower, from other sources, such as government portals and/or websites, etc. The Borrower(s) also acknowledges and agrees that the grant of facility/loan shall be subject to compliance by the Borrower(s) of the terms and conditions set out in the loan application form, sanction letter and information displayed on the website of the SCSL. The Borrower(s) also understands that these Terms and Conditions mentioned/ updated from time to time on the website of the SCSL shall prevail. The Borrower(s) further agrees that their loan shall be governed by the terms and conditions of the SCSL that are in force and may be amended by the SCSL from time to time. The Borrower(s) certifiesthat the Borrower(s) is/ are a citizen(s) and resident(s) of India and is not recognized/ defined as Non-Resident Indian (NRI) under any applicable laws or regulations. The Borrower(s) understands that the SCSL reserves the right to retain the documents submitted (if any) with the link and will not return the same to the Borrower(s). With respect to such documents being retained by the SCSL, if any, please note that such document shall not be further processed and/ or used by the SCSL for any purposes which are not in consonance with the applicable laws. The Borrower(s) understands that sanction of loan is at the sole discretion of the SCSL and the SCSL may reject the loan application without providing any reasons. The Borrower(s) reserve no right to appeal against this decision of the SCSL. The Borrower(s) further authorises the SCSL and/or its associates/subsidiaries/affiliates to verify any information of office/residence of the Borrower(s) and/or family members and/or employer/banker of the Borrower(s) and/or to do any such acts as they deem necessary and is permissible under the regulatory guideline or law in force. The Borrower(s) further agrees that the SCSL may disclose any information relating to the Borrower(s) (including personal details, account status, and default committed by the Borrower(s)) to CKYC/CERSAI, NeSL, CIC, RBI and/or any regulatory/statutory authority under the law in force. The Borrower(s) understands and agrees that the processing fee/ login fees and documentation charges is paid by Borrower(s) and are non-refundable and non-adjustable with any other fee(s) and/or charge(s) taken by the SCSL and shall be charged separately. In case the application is rejected by the SCSL for any reason whatsoever, or if the same is withdrawn by the Borrower(s) the SCSL may also levy a cancellation fee in the event of loan cancellation
The Borrower(s) also understands that any payment during the tenure of the loan has to be made directly to the SCSL in its account, and that receipt for cash payment shall be obtained and it shall be the sole responsibility of the Borrower(s) to obtain such receipt.
The Borrower(s) is aware that the following information/documents shall be required in order to process the loan application:
• Proof of existence and proof of address need to be submitted by entities as per the
• Proof of identity and address proof: Passport/voters ID/Driving License/Aadhar Card or proof of possession of Aadhar (on a Voluntary basis)
• PAN/ Form 60 to be mandatorily submitted; PAN is mandatory for SCSL, Partnership, LLP and HUF
• Latest photographs of all the Borrower(s), authorised signatories and guarantor
• Date of Birth Proof: Driving License/PAN Card/ Passport copy/ Birth certificate/ 10th mark sheet bearing date of birth
• Bank statements: Latest statements/ Bank passbook (updated within 90 days)
• Documents related to income and expenditure, documents related to any other loan, if taken
• Any other documents related to Borrower(s) credit assessment as required by the SCSL.
The Borrower(s) declares that the Borrower(s) does not hold the SCSL or its agent(s) responsible for delivery/ colour/make performance of the assets applied for under the application. The Borrower(s) understand that the interest rate will be charged depending upon the prevailing interest rate and the risk profile of the Borrower(s) as assessed by the SCSL, loan tenor, loan product, etc., and may vary from customer to customer. For further details, the Borrower(s) shall refer ‘Policy on determining of Interest rate, processing fees & other charges’ as displayed on the website of the SCSL on delay in repayment of interest and/ or any other repayment by the Borrower(s) beyond the repayment due date, the SCSL shall be entitled to charge Late Payment Charges, interest rate, schedule of charges, prepayment charges, fees and such other charge as may be intimated by the SCSL to the Borrower(s) from time to time, along with the reason thereof. The Borrower(s) also understands that the repayment shall be made in accordance with the repayment schedule that shall be provided with the sanction letter/ loan agreement, and in case of any further details, the Borrower(s) may refer to the SCSL website. The Borrower(s) understand that the SCSL may modify the charges at any time during the tenure of the loan prospectively after providing intimation to the Borrower(s) through SMS/ Email/ Letter/ Website. The Borrower(s) hereby confirms and declares that the Borrower(s) is neither related to any of the directors of the SCSL, nor are his/her relatives as defined under the Companies Act, 2013 and Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements) Regulations, 2015, as amended from time to time. In case any such relation exists, the Borrower(s) undertakes to disclose the same in the application form for availing the Loan Facility. The Borrower(s) declares and confirms that no litigation/insolvency proceedings and/or suit for recovery of outstanding dues or monies whatsoever nature and/or for attachment of the assets and/or properties and/or proceedings have been field/initiated and/or are pending against the Borrower(s) by any company, individual or others and that the Borrower(s) has never been adjudicated insolvent by any court or any other authorities. The Borrower(s) further declares that no proceedings have been filed against the Borrower(s) for winding up, dissolution, administration or re-organisation, or for the appointment of a receiver, trustee or such similar officer.
The Borrower(s) hereby confirms and duly undertakes that the loan availed will be utilized by the Borrower(s) for the purposes as specified to the SCSL. The Borrower(s) also confirms that the loan is not being used for any antisocial activities or speculative activities, investment in stocks and shares, or any purpose linked to capital market activities, or for purposes not permitted by law. The Borrower(s) may receive information/series etc., for marketing purposes through Telephone/SMS/mobile/WhatsApp/emails by the SCSL and its agent. The Borrower(s) has no objection if SCSL sends promotional call/SMS/WhatsApp/ on their mobile number/email. The Borrower(s) also hereby confirm, consent and permit the SCSL to contact the Borrower(s) between 07:00 A.M. – 0900 P.M. for telephonic verification purposes, providing updates (if any) credit assessment and due diligence, facilitating expedited processing and sanctioning of the loan application Further the Borrower(s) understand that in case the Borrower(s) wish to withdraw the aforesaid consent, the Borrower(s) can do so by contacting the SCSL’s customer service desk. The Borrower(s) hereby consents to receive information from central KYC registry through SMS/email on the above registered email address/ mobile number. The Borrower(s) hereby confirm that the acknowledgement receipt for submission of application form has been received by the Borrower(s). The Borrower(s) understands that the loan application shall be disposed of within 15 days after submission of prescribed documents by the SCSL. The Borrower(s) shall ensure updation of his/her contact information like address, email ID and mobile number with the SCSL to ensure that all information/ updates relating to their loan account/ transactions/ new product etc. are received by them. In the event of non-updation of records, the SCSL shall not be responsible in any manner whatsoever for non-receipt of information/ updates by the Borrower(s) and the consequences thereof. The Borrower hereby declares, confirms and consents that the SCSL may use the Borrower’s existing KYC details available with the SCSL for any additional facility granted to the Borrower, if any. The Borrower(s) hereby consent and authorise the SCSL to download the Applicant’s credit information report and/or such other similar reports from any credit bureaus, credit reference agencies, credit information companies or any other entity formed and authorised by RBI in such regard, during the tenure of the loan, for its ongoing due diligence purposes.
The Borrower(s) expressly confirms, consents and permits that the SCSL may use the personal information provided by the Borrower(s) for legitimate purpose, as may be required and permitted under the regulatory and statutory guidelines, such as for the purpose of disclosure to authorities and law enforcement agencies, reporting to agencies as required. The Borrower(s) may at any time, review or withdraw the said consent provided to the SCSL for processing of personal data in writing or by raising the request on CHATBOT () or connecting with SCSL’s customer service desk at 1800 103 9039; however, such withdrawal of consent may affect continuance of the facility availed by the Borrower(s). Further, the Borrower(s)) understand that such withdrawal of consent shall not affect the lawfulness of processing of the personal data based on consent before its withdrawal.
(a) The Borrower(s) shall enter into a formal agreement pertaining to the Loan Facility wherein the Borrower(s) shall confirm and bind itself with various terms and conditions with respect to the Loan Facility such as, disbursement of facility, interest & amortization, prepayment, fees and operating expenses, taxes, security and insurance, increased cost, cross liability, covenants and representative and warranties of Borrower(s), event of default, set-off, indemnity, disclosure of information, confidentiality etc. Sanction Letter shall form a part of this formal agreement and all terms and conditions relating to the Loan Facility stipulated in the Sanction Letter shall be construed as a terms and conditions contained in this agreement. However, in the event of any conflict between the terms of the Sanction Letter and the agreement, the agreement shall prevail. In the event of any disagreement or dispute between the SCSL and the Borrower(s) regarding the materiality or reasonableness of any matter, the opinion of the SCSL as to the materiality shall be final and binding on the Borrower(s)
(b) The processing fee and such other fees and charges as specified in the Transaction Documents in relation to the Loan Facility are non-refundable in nature. All such charges shall become payable on/before the due date as stipulated in the Sanction Letter and/or Loan Agreement.
(c) The interest at the rate as prescribed in respective Transaction Documents executed with the parties to the Loan Facility shall be charged on the overdue amount for payment delayed beyond the due date of instalment.
(d) The change in interest rate and charges shall become effective prospectively from each date of such change or at a later date as agreed by SCSL.
(e) The Borrower(s), on the request of the SCSL, shall obtain loan suraksha policy to secure the loan during the term of this Agreement
(f) Disbursement: The disbursement of the Loan Facility shall be subject to the performance by the Borrower(s) of all the conditions precedent as stipulated in the respective facility documents. All payments to be made by SCSL to the Borrower(s) shall be made by NEFT/ RTGS or by cheques/demand drafts or any other mode as agreed at the time of execution of transaction documents. The collection charges, if any, in respect of all such payments shall be solely borne by the Borrower(s). The Disbursement made to the Borrower(s) shall be deemed to be effective, and the interest on the Loan Facility will begin to accrue, from the date of actual disbursement of the Loan/Loan Facility in case loan is disbursed through electronic mode, and/or from the date of handover of the cheque/draft/pay order and the like to the Borrower(s), where the disbursement is made through cheque/draft/pay order and the like, as the case may be. In the event of cancellation of loans at the behest of the Borrower(s) or due to insufficiencies identified in the details submitted by the Borrower(s), the SCSL shall have the right to levy cancellation charges on the Borrower(s) due to the cost incurred by the SCSL and SCSL may at its discretion waiver or set-off any processing fees received from the Application(s) against the applicable cancellation charges. The SCSL shall be entitled to deduct charges that are paid / to be paid by the SCSL on behalf of the Borrower(s), including but not limited to the insurance premium, stamp duty etc. Further, the Borrower(s) understand that the insurance premium payable towards insurance will be part of the loan amount sanctioned and shall be repayable as part of the EMIs in accordance with the SCSL’s repayment schedule provided in the KFS. The SCSL may at its discretion waive or set-off any processing fees received from the Borrower(s) against the applicable cancellation charges.
(g) The Borrower hereby consents and authorises the SCSL to download his/her credit information report and/or such other similar reports from any credit bureaus, credit reference agencies, credit information companies or any other entity formed and authorized by RBI in such regard, during the tenure of the loan, for its ongoing due diligence purposes. The Borrower(s) do hereby agrees and consents, as a pre-condition relating to the grant of Loan Facility, that, in case the Borrower(s) commits any default in the repayment of any of the outstanding amounts, the SCSL and/or RBI shall have unqualified right to disclose and furnish information to Credit Information Companies (CIC), CKYC, CERSAI, NeSL, CRILC and other agency so authorized by regulatory/statutory body, Borrower(s) name as defaulter in such manner and through such medium as the SCSL or RBI in their absolute discretion may think fit. Notwithstanding the above, the Borrower(s) understands that as a precondition relating to grant of the Loan Facility to the Borrower(s), the SCSL requires the Borrower(s)’s consent for the disclosure by the SCSL of information and data relating to the Borrower(s), of the Loan Facility availed of /to be availed by the Borrower(s), obligations assured/ to be assured by the Borrower(s) in relation thereto and default, if any, committed by the Borrower(s) in discharge thereof. Without prejudice to the aforesaid, the Borrower(s) hereby confirms, agrees and gives consent:
(i) To disclose such information for the purposes of credit reference checks, verification, assignment, etc. disclose any information/documents relating to the Borrower(s) (pertaining to the Loan Facility availed by the Borrower(s)) to any third party appointed by it. The Borrower(s) further authorizes the SCSL to disclose said information /documents to RBI, income tax authorities, credit bureau, third parties, credit rating agencies, databanks, corporates, banks, and financial institutions or any other government or regulatory authorities, statutory authorities, quasi-judicial authorities.
(ii) To publish the name of the Borrower(s) and/or the names of its directors as defaulters with or without the photograph in any local/regional/national newspaper/magazine etc. and/or through electronic medium which includes publication on the website etc. and/or in such other manner and through such other medium as the SCSL/RBI may in their absolute discretion think fit.
(iii) The SCSL shall also have the authority to seek and/or receive any information as it may deem fit in connection with the Loan Facility and/or the Borrower(s) from any source or person or entity to whom the Borrower(s) hereby authorizes to furnish such information.
(iv) The SCSL shall register the details of Borrower(s), in case of Borrower(s) being a non-profit organisation, on the DARPAN Portal of NITI Aayog, if not already registered, and maintain such registration records for a period of five years after the business relationship between the Borrower(s) and the SCSL has ended or the account has been closed, whichever is later
(h) Return/Destruction of SPDCs/PDCs: SCSL shall immediately return/destroy old SPDCs/PDCs as received from the Borrower(s) or any parties to the Loan Agreement, and which are in the custody of SCSL in the following conditions: (i) When the relationship status of the Borrower(s) with the SCSL is closed (for instance, in case of loan foreclosure, repayment of loan, loan maturity, etc.) or (ii) When the NACH of the Borrower(s) is activated. There shall not be any liability on SCSL to return the SPDCs/ PDCs obtained from the Borrower(s) as a part of the facility obtained by the Borrower(s) from SCSL.
(i) The Borrower(s) shall ensure that all payments made through digital payment platforms shall be made by Borrower(s) from their own account in line with the AML norms as prescribed. In the event the repayment is made by a third party, it shall be the sole ownership and responsibility of the Borrower(s) or other parties to the Loan Agreement to duly inform SCSL, and Borrower(s) undertakes to complete all documentation formalities as requisitioned by SCSL.
(j) Repayment: The loan is to be repaid in instalments as agreed to in the Transaction Documents over the tenure of the loan. The repayment of instalment commences from the date specified in the Transaction Documents. Instalment amount would comprise principal and interest, which are payable in Equated Monthly Instalment (EMI) as set out in the Transaction Documents. Accordingly, the Borrower(s) must ensure:
• To keep sufficient funds in the designated account 2-3 days prior to due date of EMI.
• The Borrower(s) should not (a) issue stop payment instructions for any cheque issued towards EMI payment or close/change the bank account in which the repayment instruments are drawn; (b) cancel or vary any payment arrangement (unless required by SCSL).
• The Borrower(s) agrees, acknowledges and confirms that the PEMII (if any) along with interest and other amount shall be paid in time and at its sole responsibility. The Borrower(s) further confirms that the Borrower(s) has provided cheques to the SCSL and provides its consent that the SCSL may use the same as security payment cheques, for repayment and/or PEMII (if any), as the SCSL deems fit. To this effect, the Borrower(s) shall not make the SCSL liable in any manner whatsoever. Time is the essence for performance of parties’ obligations. Prepayment/foreclosure shall mean closure of loan before maturity of the loan and charges shall be applicable on prepayment shall be applicable in all cases where the Borrower(s) has closed the loan prior to the maturity of the Loan Facility. Prepayment shall mean repayment of the entire Outstanding Amount to the satisfaction of SCSL prior to the tenure of the loan, as agreed under the Transaction Documents and SCSL shall levy prepayment/foreclosure charges for such cases. The prepayment shall take effect only when cash has been received or SI/ECS/cheques/NEFT/ RTGS/ NACH have been cleared/ credited and the Borrower(s) has repaid the amount prior to maturity of the tenure of the loan, the SCSL shall levy the prepayment charges as mentioned in the schedule of charges and the interest shall be accordingly charged only for such period for which the loan was outstanding. In such regard, the Borrower(s) shall not make SCSL liable for such charges levied by the SCSL. • The Parties hereby agree and confirm that if the Borrower(s) defaults in repayment of the Loan Facility, the same shall be construed as non-compliance with the material terms and conditions of loan repayment and shall be deemed to be an Event of Default under the loan agreement. In such case, the SCSL is fully authorized to levy penal charges for such default by the Borrower(s). The SCSL shall charge interest on Amount Due (overdue EMI) at the contracted rate of interest till such default is cured by the Borrower(s). In addition, thereto, the SCSL shall also levy Late Payment Charges for such default in accordance with the terms mentioned in the loan agreement in relation thereto from the date of default till the date of payment to the satisfaction of the SCSL. The Parties hereby agree that in case the Borrower(s) fails to submit any documents as informed/mandated by the SCSL from time to time, including but not limited to RC, Insurance, Property Documents, NOC/ NDL (in case of BT), Security Documents, then the SCSL may, at its sole discretion and as it may deems fit, hold the disbursement of up to 20% of the total amount sanctioned to the Borrower. However, no interest shall be levied on the aforesaid portion of the sanctioned amount which is so withheld by the SCSL. Additionally, the SCSL may levy a charge, at its discretion, as per schedule of charges (as updated on the website from time to time) a charge for non-submission/ delayed submission till all the documents are submitted to the satisfaction of the SCSL. Thereafter, the SCSL shall disburse the aforementioned remaining amount within 7 days from the receipt of all such documents by the SCSL. The SCSL may adjust any charges incurred during the non-submission period on actuals as incurred by the SCSL on behalf of the borrower for obtaining such documents to ensure that the loan granted is secured.
(k) Security (wherever applicable): The Borrower(s) shall maintain in favor of SCSL, a valid and enforceable first and exclusive security interest on the property and all proceeds receivable by the Borrower(s) at any point of time, or any other right or interest arising from or in connection with the property/security. All the security documents of the Borrower(s) shall be deposited with SCSL and it shall have paramount rights/lien over such documents. The Borrower(s) agrees and confirms that the SCSL may, at its sole discretion, till the entire repayment of amount due, withhold the no objection certificate, security related document or the like in case either loan(s)/ facility(ies) is closed by the Borrower(s). Any Security(ies) furnished by the Borrower(s) for the Loan Agreement executed shall also be collateral for any other obligations owing by the Borrower(s) to SCSL
(l) The SCSL shall release NOC and all original documents to the Borrower(s) within 30 days after closure of loan, i.e. the date on which the loan(s)/facility(ies) account is closed in the records of the SCSL and to the satisfaction of the SCSL and the responsibility of release of charges (if any) registered with any authority and ensuring security is free from any encumbrances shall be of the Borrower(s). The Borrower(s) shall have an option to either collect the said original documents with respect to the security from the branch where the loan account was serviced or any other office where the documents are available. In the event the Borrower(s) does not provide any option or is non-contactable, the SCSL may at its discretion send across the NOC to the branch of the Borrower(s) and provide an intimation to collect the NOC. The Borrower(s) understands that the SCSL may retain the security documents in the event when the property of the Borrower(s) has been collateralised against another loan availed by the Borrower(s) or any other reason which shall be duly communicated by the SCSL to the Borrower(s) through digital means of communication on the address/ number available with the SCSL in its records. The Borrower(s) agrees that the SCSL may not dispatch the security (Property) documents at the address prescribed by the Borrower(s) as there are security issues and the SCSL shall hand over the document to the Borrower(s) in person through its representative. In case if any support in this regard is required by the Borrower(s), they can connect with the customer support/service desk of the SCSL at the details displayed on the website www.skfin.in. The Borrower(s) understands that it shall be the Borrower(s)’s responsibility to ensure that correct/ updated contact details such as address, mobile number. Email ID etc. are available with the SCSL. The Borrower(s) further understands that the SCSL shall not be responsible in any manner whatsoever if the Borrower(s) does not receive the communication due to inaccurate contact details updated in the SCSL’s records
(m) In accordance with the applicable law(s) as amended or modified from time to time, where the Borrower(s) is a company or LLP, the Borrower(s) shall ensure registration of charges with the relevant Registrar of Companies within requisite timelines.
(n) Disclosure: (i) SCSL is authorized to disclose from time to time any information relating to the loan to any credit bureau (existing or future) approved by Government of India and/or RBI without any notice to the Borrower(s). SCSL is also authorized to make inquiries with any Credit Bureau and get the applicant’s Credit Information Report. Terms mentioned herein are subject to change without prior notice. The Borrower(s) further acknowledges that SCSL is authorized to share/disclose information (a) relating to the Applicant, including information relating to any default committed by the Borrower(s) in discharge of their obligation or otherwise; (b) to such credit bureaus/ credit reference agencies. Such entities may further make available processed information or data or products thereof to banks/financial institutions and other credit grantors. SCSL also provides information relating to credit history/repayment record of the Borrower(s) to a credit information company (specifically authorised by the RBI), in terms of the Credit Information Companies (Regulation) Act, 2005. (ii) The Borrower(s) hereby gives specific consent to SCSL for disclosing/submitting the 'financial information' as defined in Section 3(13) of the Insolvency and Bankruptcy Code, 2016 ('Code') read with the relevant Regulations/ Rules framed under the Code, as amended and in force from time to time and as specified there under from time to time, in respect of the Credit/ Financial facilities availed from SCSL, from time to time, to any 'Information Utility' ( 'IU') as defined in Section 3(21) of the Code, in accordance with the relevant Regulations framed under the Code, and directions issued by RBI to the NBFCs from time to time and hereby specifically agree to promptly authenticate the 'financial information submitted by SCSL, as and when requested by the concerned 'IU'.
(o) Any default pursuant to these Terms and/or the terms of the Agreement (whether demand for repayment is actually made or not) then and in such case and at any time thereafter, SCSL through its officers, agents or nominees shall have the right (without prejudice to the right under the Loan Agreement) to take any one or more than one of the following actions without the specific intervention of a court or any court order
(I) with a notice period of 15 days/without any notice and assigning any reason and attire risk at expense of the Borrower(s) and if necessary as attorney and in the name of the Borrower(s) to take charge and/or possession of, seizure, recover, appoint receiver of and remove the hypothecated asset, if any. SCSL will be within its rights to use a tow-van to carry away the hypothecated asset/ and/or;
(II) enter into or upon any place or premise where the hypothecated asset may be kept or stored and inspect, value or insure the same at the costs and expenses of the Borrower(s); and /or,
(III) with prior notice through any specified mode of communication, sell by auction or by private contract or tender, dispatch or consign for realization or otherwise dispose of or deal with the hypothecated asset in the manner SCSL may think fit;
(IV) proceed to take possession of the collateral security and exercise powers to make auction of the same for realizing the due amount of SCSL;
(V) Notwithstanding the aforesaid SCSL on occurrence of any one of the following events shall be entitled to repossess the hypothecated asset without providing any notice or intimation to the Borrower(s):
(a) In case any fraudulent activity is done by the Borrower(s) or any other person in relation to the hypothecated asset and/ or loan under the loan agreement which in the opinion of SCSL is prejudicial to the interest of SCSL.
(b) If the hypothecated asset is sold to the third party.
(c) If the Borrower(s) has expressed his willingness to surrender the possession of the hypothecated asset voluntarily.
(d) If there is reasonable apprehension to SCSL or its officers/ agents that such notice may defeat the taking of possession of the hypothecated asset due to any foul play or forcible resistance from the part of the Borrower(s).
(e) If the hypothecated asset is used in unlawful activities.
(VI) SCSL shall have provided one final chance to the Borrower(s) for repayment of all outstanding amounts before sale/ auction of the hypothecated asset except in cases where the sale/ auction of the hypothecated asset is pursuant to any proceedings before any judicial, quasi-judicial or governmental authority or arbitrator.
(VII) SCSL will return the hypothecated assets to the Borrower(s) provided all the outstanding amounts and other SCSL dues are cleared in full to the satisfaction of SCSL or as otherwise agreed by both parties. If satisfied with the genuineness of Borrower(s)’s inability to pay the EMI as per the repayment schedule detailed in the Loan Agreement which resulted in the repossession of hypothecated assets, SCSL may, at its discretion, consider handing over the hypothecated assets after receiving the EMI in arrears. However, the same would be subject to SCSL being convinced of the arrangements made by the Borrower(s) to ensure timely repayment of EMI in the future.
(p) Know Your Customer/Due Diligence Requirements: In line with the requirements of SCSL policy, the Know Your Customer (KYC) documents along with other documentation need to be submitted at the time of applying for a loan or as and when requested by SCSL. The Borrower(s) is fully aware of the KYC requirements applicable on SCSL from RBI and confirms that the information/ clarification/ documents/signage provided by it on its identity, address, authorized signatory, board resolution, PAN and all other material facts are true and correct and the transaction, etc. are bonafide and as per law. The Borrower(s) further confirms that it has disclosed all facts/ information as are required to be disclosed for adherence and compliance with the provisions related to the KYC Policy. The Applicant shall be solely responsible for updating their mobile number, address, email ID, etc. The Borrower(s) hereby consents to provide to the SCSL, any additional information required from the Borrower(s) as deemed fit by the SCSL which has not been specified in the internal KYC Policy of the SCSL, in order to conduct its credit due diligence. The Borrower(s) hereby confirms that the SCSL can seek/ download the records of the Borrower(s) from the CKYC registry for KYC compliance and periodic updation during the tenure of loan. The Borrower(s) consents to SCSL to use the Borrower(s)’s CKYC number available in the SCSL’s database for conducting periodic review/ enhanced due diligence or for updating the records of the Borrower(s). SCSL reserves the right to recall the Loan Facility, enforce the Security and guarantees, if any, and appropriate proceeds thereof towards the outstanding and recover the balance from the Borrower(s), if any or close the account in case the required documents are not provided by the Borrower(s) to SCSL. The SCSL hereby advises the Borrower(s) that in order to comply with the PML Rules, in case of any update in the documents submitted by the Borrower(s) prior to and/or at the time of execution of the Loan Agreement and thereafter, as necessary, the Borrower(s) shall submit to the SCSL the update of such documents. This shall be done at the earliest but not later than 30 days from the update to the documents for the purpose of updating the records at SCSL’s end. The Borrower(s) hereby gives his consent to the SCSL to retrieve the updated KYC records of the Borrower(s) from the Central KYC Records Registry from time to time in accordance with the PML Rules, and also allows the SCSL to update the SCSL’s own KYC records being maintained for the Borrower(s).
(q) The Borrower(s) shall keep and maintain in accordance with good business practice and applicable laws, all statutory books, books of accounts, bank statement/pass books and other records of the Borrower(s) and in particular, maintain records showing the operations and financial conditions of the Borrower(s) and such records shall be open to examination by the SCSL and/or its authorized representatives and the Borrower(s) shall if so required by SCSL, furnish to SCSL at such intervals as SCSL may request a schedule or copy of all entries which shall have been made in the said registers. The register shall clearly indicate which of the security/assets have been hypothecated/ mortgaged/pledged or otherwise charged to the SCSL or to any other person/ entity.
(r) Governing Law and Jurisdiction: All documents executed in relation to the Loan Facility shall be governed by and construed in accordance with the laws of India. The Parties hereto expressly agree that all disputes arising out of and/or relating to the Transaction Documents including any collateral document shall be subject to the exclusive jurisdiction of a competent court as mentioned in respective Transaction Documents.
(s) Dispute Resolution: The Borrower(s) is aware that under the circumstances of any dispute which may arise between the Borrower(s) and SCSL, either directly or indirectly, shall be referred to or settled as per the terms and conditions under the Dispute Settlement Mechanism as may be separately agreed and executed between the Borrower(s) and the SCSL in writing, wherever applicable. In any other circumstance all matters, questions, disputes, default, difference and or claims arising out of and/or concerning and/or in connection and/or in consequence of breaches, termination or invalidity thereof, whether or not obligations of either or both, SCSL and the Borrower(s), be subsisting at the time of such dispute and whether or not the Transaction Documents have been terminated or purported to the terminated or completed shall be settled by arbitration in accordance with the provision of Arbitration and Conciliation Act, 1996 or any statutory amendment thereof which shall be presided over by an arbitrator in accordance with the Transaction Documents. The language to be used in the arbitral proceedings shall be English and the award of the arbitrator shall be final and binding on both, SCSL and the Borrower(s). The seat of arbitration shall be as specified in the respective Transaction Document.
(t) Fees, charges, costs and claims: All costs (including advocates Legal cost), charges, expenses, applicable taxes, valuation charges, CIC charges, CERSAI charges, duties (including stamp duties), registration charges or any other charges in connection with the Transaction Documents, any document executed pursuant hereto and the creation enforcement, realization or attempted realization of any security insuring and taking possession of, maintaining storage and selling of the any asset shall be incurred and paid by the Borrower(s) alone. Borrower(s) shall reimburse the same at the actual to SCSL within 24 hours of SCSL’s demand. SCSL shall also be entitled to recover from the Borrower(s) any other charges or costs incurred, or claims suffered by SCSL in connection with the Loan Facility, including on account of execution, stamping of the Loan Agreement and any other documentation or security creation pursuant to the Transaction Documents. If at any time hereafter it is found or required that any extra stamp duty is payable on any of the Transaction Documents and/or if it is ascertained that stamp duty at a rate higher than the duty presently paid on said Transaction Documents are payable/required to be paid, then the Borrower(s) shall immediately pay the same with penalty and interest (if any). Upon failure to pay the same, such amount shall form part of the amount due under the Loan Agreement.
(u) Conditions Precedent: SCSL shall make any disbursement under the Loan Facility subject to the fulfilment of the following conditions
(i) The Borrower(s) meeting SCSL’s requirement of creditworthiness. SCSL shall be entitled to make or cause to be made market inquiries or Credit Bureau checks of such nature as it may deem fit in this regard and, further, it shall be entitled to call for such credentials from the Borrower(s) as may be required.
(ii) The Borrower(s) are in compliance of all the terms and conditions under the Transaction Documents, and there exists no default or breach under the Sanction Letter, Loan Agreement or any circumstance which may make it improbable for the Borrower(s) to fulfil his/her/their obligations under the Transaction Documents.
(iii) In relation to the Borrower(s), absence of any pending, ongoing or threatened proceedings which, if adversely determined, may have an adverse effect on: (i) the ability of the Borrower(s) to comply with the Loan Facility Documents, or (ii) the interests of SCSL.
(iv) Execution, filing, registration and delivery, by the Borrower(s), of all Loan Facility Documents in the form, manner and substance acceptable to SCSL.
(v) If required by SCSL or under any law provision of such evidence as may be acceptable to it, the Borrower(s) to satisfy SCSL:
(i) about the utilization of the proceeds of the prior disbursements (if any) under the Loan Facility, and
(ii) that the disbursement is required for and shall be utilized only for the purpose for which the Loan Facility is sanctioned.
a. Make any change in the residential and official status of the Borrower(s) or occupation/ business of the Borrower(s) or in the details of the relatives in the Borrower(s)’s entity or any adverse circumstances connected with the financial position of the Borrower(s) and/or any adverse change with regard to the security or title thereto (however unimportant the Borrower(s) may consider the same);
b. Make any change in the constitution, management or existing ownership, shareholding pattern or control or share capital of the Borrower(s).
(v) Non-cooperative Borrower(s)s:
(w) Regulatory Declarations (in case Borrower(s) is a company): The Borrower(s) shall declare that none of its directors is a director/senior officer of a director/senior officer of a banking company, or in a specified near relation of a director/senior officer of the SCSL. Except to the extent disclosed to SCSL, all the Borrower(s)'s contracts or agreements with, or any commitments to, any affiliates or group companies (if applicable) are on an arm's length basis. Further, no director of SCSL is a director, manager, managing agent, employee or guarantor of the Borrower(s)/its subsidiary/holding company, or holds substantial interest, in the Borrower(s)/its subsidiary/holding company and no directors of any other SCSL, including directors of scheduled cooperative bank and directors of subsidiaries/ trustees of mutual fund/venture capital funds holds substantial interest or is interested as director or as a guarantor of the Borrower(s). The Borrower(s) or any directors/ promoters/ associates concerns/ of any of the Borrower(s) (including the Guarantor) are not and, to the best of their knowledge: