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Location:
Patna, Bihar, India
Posted:
June 22, 2021

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Apollo Finvest (India) Limited

Personal Loan Agreement

Digitally signed by AHAMAD RASHID

Terms Accepted at : 20-05-2021 12:44:33

IP Address : 106.207.31.127

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TABLE OF CONTENTS

1. DEFINITIONS AND INTERPRETATION

2. LOAN

3. DEFAULT

4. COVENANT OF BORROWER

5. GENERAL TERMS

6. ASSIGNMENT OF RIGHTS

7. DISCLOSURE

8. INDEMNITY

9. ELECTRONIC MEDIA

10. DISPUTE RESOLUTION

11. GOVERNING LAW

12. SCHEDULE I

13. SCHEDULE II

14. SCHEDULE III

APOLLO FINVEST (INDIA) LTD.

Registered Address:

Unit No. 803, Morya Blue Moon,

Veera Desai Industrial Estate,

Andheri West, Mumbai,

Maharashtra 400053

Email: adnalh@r.postjobfree.com

Contact No. 022-********/68

Digitally signed by AHAMAD RASHID

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PERSONAL LOAN AGREEMENT

This Personal Loan Agreement (‘Agreement’) is made at the place and on the date as set out in Schedule I

BETWEEN

APOLLO FINVEST (INDIA) LIMITED, a company incorporated under the provisions of the Companies Act, 1956, having its registered office at Unit No. 803, Blue Moon, 8th Floor, Veera Industrial Estate, New Link Road, Opp. Laxmi Industrial Est, Mumbai, Maharashtra - 400053 as mentioned in Schedule I (‘AFIL’ or the ‘Lender’, which expression shall, unless repugnant to the context, include its successors and assigns) of the First Part;

AND

The Borrower, material particulars whereof are described and set out in Schedule I, of the OTHER PART. The Lender and Borrower are hereinafter collectively referred to as ‘Parties’ and individually as ‘Party’. WHEREAS:

A. The Lender is a non-banking finance company, inter alia, engaged in the business of providing loans/credit facilities to various customers. B. The Borrower has requested the Lender to grant the Loan to the Borrower and the Lender, relying upon the representations made and information provided by the Borrower, has agreed to grant the Loan to the Borrower, on the terms and conditions mutually agreed and contained in this Agreement and in other Loan Documents, upto the maximum principal amount as mentioned in Schedule I, and for the purpose as mentioned in the Application Form, in its sole and absolute discretion. NOW, THEREFORE, in consideration of the foregoing and other good and valid consideration, the receipt and adequacy of which is expressly acknowledged, the Parties hereby agree as follows: Digitally signed by AHAMAD RASHID

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1. DEFINITIONS AND INTERPRETATION

i. Definitions

For the purposes of this Agreement, in addition to the terms defined in the description of the Parties: (a) all capitalised words and expressions defined by inclusion in quotation and/or parenthesis anywhere in this Agreement, have the same meanings as ascribed to such words and expressions; (b) words and expressions used herein but not defined shall have the same meaning as assigned to them in General Clauses Act, 1897; and (c) following words and expressions shall have the meaning as set-out in this Clause 1:

‘Agreement’ means and includes this Agreement, together with all the schedules, exhibits, attachments and appendices annexed hereto and all amendments/supplements hereto and restatements hereof;

‘Applicable Law’ means the ‘Indian Law’ as per the General Clauses Act, 1897;

‘Application Form’ means the Loan application, in the form and manner prescribed and acceptable to the Lender together with such documents and information as may be required by the Lender, filled in and submitted by the Borrower to the Lender in relation to the Loan;

‘Bounce Charges’ means an amount payable by the Borrower to the Lender as a penalty where PDCs issued by the Borrower is not honoured by the bank, or NACH or any other Repayment Mode is returned or not honoured;

‘Business Day’ means a day on which the Lender and banks are open for business in Delhi, Pune and Mumbai and location of the drawee bank on which the Repayment Mode is drawn;

‘Due Date’, means, in respect of:

a. the EMI and/or Outstanding Dues, the respective EMI Due Date; b. the interest Due, the EMI Due Date;

c. costs, charges and expenses incurred or paid by the Lender under the Loan Documents, within seven (7) Business Days from the date on which the Borrower has received notice from the Lender providing details of such costs, charges and expenses; and

d. any other amount payable under the Loan Documents, the date on which such amount falls due in terms of the Loan Documents, or on demand if the due date is not specified in such Loan Document.

‘NACH’ or ‘National Automated Clearing House’ means the debit clearing schemes, notified by Reserve Bank of India from time to time, being mode(s) of electronic funds transfer from one bank account to another bank account using the services of a clearing house or any other platform or mechanism duly authorised in this regard including without limitation the National Electronic Clearing Service;

‘Rate of Interest’ means the rate of interest in relation to the Loan as mentioned in Schedule II.

‘Loan’ means:

(i) the personal loan provided by the Lender to the Borrower upto a Digitally signed by AHAMAD RASHID

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maximum principal amount as mentioned in Schedule I and such loan may include:

‘Loan Documents’ means collectively:

A. Application Form; B. this Agreement; C. any other document executed from time to time pursuant to any of the foregoing to which the Borrower or the Lender is a party; and D. any other agreement or document which the Lender designates as a Loan Document

‘Loan Tenor’ shall mean the tenor of the Loan as specified in Schedule II.

‘EMI Amount’ means the amount payable every month by the Borrower to the Lender comprising of the interest, or as the case may be, principal amount of the Loan and/or interest;

‘NEFT’ means the National Electronic Fund Transfer in terms of the regulations and directions issued by RBI or any regulatory or statutory body;

‘Outstanding Dues’ means, at any time, all the amounts outstanding and payable or obligations to be performed by the Borrower to the Lender, pursuant to the terms of this Agreement and/or any other Loan Documents, including but not limited to the following:

(a) the principal amount(s) of the Loan; (b) the interest on the Loan;

(c) all other obligations and liabilities of the Borrower, indemnities, liquidated damages, costs, charges, expenses and other fees and interest incurred under, arising out of or in connection with this Agreement and/or any other Loan Documents (either severally or jointly); and (d) any and all expenses or sum incurred by the Lender for the enforcement of and collection of any amounts due under this Agreement and/or any other Loan Documents, including expenses of enforcement and realisation;

‘Outstation Collection Charges’ means an amount payable by the Borrower to the Lender as a fee for outstation PDCs submitted by the Borrower, details of which are provided in Schedule I;

‘PDC’ shall mean post-dated cheque(s) drawn in favour of the Lender for an amount equivalent to the Loan availed, from time to time;

‘PDC Swap Charges’ means an amount payable by the Borrower to the Lender for replacement or exchange of PDCs submitted by the Borrower with the Lender, details of which are provided in Schedule II;

‘Penal Interest’ means an additional interest payable by the Borrower to the Lender as a penalty in case of delay in payment of the EMI amount and/or Outstanding Dues, at the rate as mentioned in Schedule I;

‘Pre-payment Charges’ means an amount payable by the Borrower to the Lender as a penalty for repayment of the Outstanding Dues, either in part or whole, before its scheduled EMI Due Date, details of which are provided in Schedule III;

‘EMI Due Date’:

(a) in relation to the EMI amount, means the date, on or before which each EMI is to be repaid by the Borrower, as more specifically mentioned in Schedule II; and

Digitally signed by AHAMAD RASHID

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(b) in relation to the Outstanding Dues means the date, on or before which, the entire Outstanding Dues is to be repaid by the Borrower, as more specifically mentioned in Schedule II;

‘Repayment Modes’ means the payment of the EMI amount and the Outstanding Dues, as the case may be, on or before the Due Dates(s), by any of the following modes for EMI amount -

(а) NACH

And by any of the following modes for the outstanding dues -

(a) NACH; (b) NEFT; (c) PDCs; (d) RTGS; (e) Standing instructions at the bank; and (f) Any other instrument suitable from time to time.

‘RBI’ means the Reserve Bank of India;

‘RTGS’ shall mean real time gross settlement in terms of the regulations and directions issued by RBI or any regulatory or statutory body;

‘Website’ means the website of the Lender, presently being www.apollofinvest.com

ii. Interpretation

a. Unless the context otherwise requires, words denoting the singular shall include the plural and vice versa;

b. the table of contents, headings and the use of bold typeface, are inserted for ease of reference and shall be ignored in the construction and interpretation of the Agreement;

c. a reference to a Clause or Schedule is, unless indicated to the contrary, a reference to a Clause or Schedule to this Agreement; d. references to this Agreement shall be construed as references also to any separate or independent stipulation or agreement contained in it;

e. references to the word ‘includes’ or ‘including’ shall be construed without limitation; and

f. words importing a particular gender include all genders. 2. LOAN

i. The Borrower agrees to borrow from the Lender and the Lender agrees to make available and extend to the Borrower, at its sole and absolute discretion, the Loan, for an amount as mentioned in the Application Form and Schedule I, for the purpose as mentioned in the Application Form, on the terms and conditions contained in this Agreement and in other Loan Documents.

ii. The disbursement of the Loan may be made directly to the Borrower in one lump sum or in such Instalments as per the details provided under the Application Form and Schedule I, subject to the terms and conditions contained herein.

iii. The disbursement of the Loan shall be made in accordance with the RTGS business hours as notified by the RBI from time to time. The Lender shall not in any event or circumstance be liable or be construed as being liable in case there is any delay(s) in disbursement of the Loan on account of any technical or system errors, etc.

iv. The Borrower shall pay interest on the Loan on the EMI Due Date at the applicable Rate of Interest. Subject to the commencement of EMI Due Date with respect to the Loan, all interest accruing under the Loan shall accrue from day to day and shall be calculated on a FLAT RATE by taking a base of 365 days per year.

v. The Borrower agrees to repay the EMI Amount and the Outstanding Digitally signed by AHAMAD RASHID

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Dues to the Lender on or before the EMI Due Date, or in such manner and at such place, as may be agreed between the Borrower and Lender. The instructions for the NACH as provided by the Borrower will cover the maximum principal amount under the Loan and other Outstanding Dues thereon.

vi. The EMI Amount shall automatically change by reason of change in any rates, taxes, charges, imposts, levies and monies whatsoever that are or may be levied on the EMI Amount or the transaction contemplated hereunder or may become payable by the Borrower by virtue of this Agreement. Such change in the EMI Amount due to change in the rates, taxes, charges, imposts, levies and monies as stated above shall be effected only prospectively and the same shall automatically form part of the Loan.

vii. At the written request of the Borrower, the Lender may foreclose the Loan by accepting the pre-payment of the Outstanding Dues (‘Pre- Payment’). The Pre-Payment of the Outstanding Dues may be either full Pre-Payment or part Pre-Payment as described below. a. Full Pre-Payment - At the request of the Borrower, the Lender may accept the full Pre-Payment of the Outstanding Dues and foreclose the Loan without any prepayment charges. b. Part Pre-Payment – Part payment is not acceptable as this is bullet payment loan where customer have to pay full amount in one instalment only.

viii. The Borrower acknowledges that any Pre-Payment shall be subject to the payment of the Pre-Payment Charges as specified under Schedule II. The Lender shall be entitled to recover from the Borrower the Pre-Payment Charges on the amount of the Loan, repaid by the Borrower ahead of the timeline as mentioned in Schedule III.

ix. The Borrower undertakes to deliver to the Lender, the PDCs as specified under . The Borrower confirms that PDCs are issued towards repayment of the EMI Amount and the Outstanding Dues, and the delivery of PDCs shall be deemed to be an unconditional and irrevocable authority given by the Borrower to the Lender to present PDCs towards repayment of the EMI Amount and the Outstanding Dues. The Borrower confirms that PDCs shall be honoured on its first presentation and the Borrower shall not issue any contrary instructions to the relevant bank. The Borrower confirms that PDC is not a security. The Lender shall be entitled to recover from the Borrower PDC Swap Charges and the Outstation Collection Charges. x. Any dispute or difference of any nature whatsoever shall not entitle the Borrower to withhold or delay payment of any EMI Amount or other sum and the Lender shall be entitled to present the PDCs/NACH to the bank of the Borrower on the Due Dates.

xi. The Borrower hereby irrevocably authorises the Lender to destroy PDC(s) (if any) in the possession of the Lender upon repayment of the Loan together with all costs, charges and expenses, by the Borrower to the satisfaction of the Lender.

xii. Notwithstanding anything contained herein, the Lender shall be entitled to adjust any advance EMI and/or security deposit/initial payment made by the Borrower towards any Outstanding Dues in such manner and at such time as the Lender may determine in its sole discretion.

xiii. All sums payable by the Borrower to the Lender shall be paid without any deductions whatsoever at such place as the Lender may specify and shall be so paid so as to enable the Lender to realise the sum on or before the Due Date. Credits/discharge for payments will be given only on realisation of amounts due.

xiv. In the event of the Borrower committing a default in the payment of any sum payable hereunder and/or in relation to the Loan or the Borrower committing any breach or default of any other condition of this Agreement or under any other instrument in respect of the Loan, Digitally signed by AHAMAD RASHID

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the Borrower shall, in respect of the Outstanding Dues and in respect of the EMI Amount or other amount in default, pay the Penal Interest, from the date of default till the date of realisation by the Lender. The payment of the Penal Interest shall not absolve the Borrower of the other obligations in respect of such breach or default or affect the rights of the Lender in respect of the breach or default. xv. Any sums received by the Lender from the Borrower shall be appropriated in the following manner:

a. firstly against interest payment;

b. secondly against principal amount of the Loan;

c. thirdly against overdue EMI amount;

d. fourthly against Bounce Charges; and

e. lastly against any other penal charges or any other claim of the Lender on the Borrower under the Loan Documents.

xvi. Notwithstanding anything stated elsewhere in this Agreement, the continuation of the Loan shall be at sole and absolute discretion of the Lender and the Borrower(s) outstanding shall be payable to the Lender on demand. The Parties agree that the Lender may at any time in its sole discretion and without assigning any reason call upon the Borrower(s) to pay the Borrower(s) outstanding and thereupon the Borrower(s) shall, within forty eight (48) hours of being so called upon, pay the whole of the Borrower(s) outstanding to the Lender without any delay or demur.

3. DEFAULT

The Borrower shall be deemed to have committed an act of default if the Borrower(s) does not comply with his/her obligations as mentioned in this Agreement or any Loan Document, and also on the happening of any one or more of the following events, (each an ‘Event of Default’ and collectively ‘Events of Default’):

a. The Borrower fails to pay any EMI Amount or the Outstanding Dues under this Agreement on or before the Due Date;

b. The Borrower commits breach of any of the terms, representations, covenants or conditions contained in this Agreement or the Loan Document;

c. it is found that the Borrower commits a default of any of the terms and conditions in respect of any other loan or facility provided by the Lender and/or any affiliates of the Lender;

d. there exists any circumstances which in the opinion of the Lender prejudicially affects or may affect the Lender’s interest or the Borrower’s ability to repay the Loan;

e. demise of the Borrower or if the Borrower compounds with his/her creditors or permits any attachment or sequestrations or other processes against any of his/her assets or properties; f. if the Borrower commits an act of insolvency or if the Borrower is declared insolvent or bankrupt or if a receiver or official assignee is appointed in respect of any property or estate of the Borrower or if the Borrower asks for any application for declaring himself an insolvent or if an application for declaring the Borrower as insolvent is made or any order is passed by any competent count or authority for taking the Borrower into insolvency; and

g. if any proceedings are pending or threatened against the Borrower by any government agency or authority for any misconduct or breach/violation of any law or regulations or code of conduct, etc.; h. any other events, conditions or circumstances which occur or exist which have or could have a material adverse effect on the business of the Lender.

Any Event of Default shall be considered a material breach of this Agreement and upon the occurrence of the Event of Default and at any Digitally signed by AHAMAD RASHID

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time thereafter, if any such event shall be continuing, the Lender may, in its sole discretion and upon written notification: a. accelerate the repayment of the Loan including the Outstanding Dues;

b. place the Loan on demand or declare all the Outstanding Dues payable by the Borrower in respect of the Loan to be due and payable immediately;

c. recover the charges for dishonour of the Repayment Modes, Penal Interest and any other penal charges from the Borrower as mentioned in Schedule II;

d. terminate this Agreement;

e. exercise such other rights and remedies as may be available to the Lender under Applicable Law during the pendency of the Loan including without limitation under Section 138 of the Negotiable Instruments Act, 1881 and under Section 25 (1) of Payment of Settlement System Act, 2007; and/or

f. stipulate such other condition(s) or take such other action(s) as the Lender deems fit.

4. COVENANT OF BORROWER

The Borrower hereby covenants that during the period of this Agreement: i. The Borrower shall utilize the Loan only for the Purpose specified under the Application Form.

ii. The Borrower shall observe and perform all its obligations and covenants under this Agreement and any Loan Document. iii. The Borrower shall ensure timely payment of the EMI amount to the Lender and ensure that the Repayment Modes issued towards payment of the EMI Amount are honoured on presentation. It is the duty of the Borrower to ensure that his/her bank account has been debited towards the EMI Amount and in case of his/her account not been so debited, the Borrower shall be obliged to inform the Lender in this regard within 3 (three) Business Days from the Due Date of such EMI.

iv. The Borrower shall promptly notify the Lender of any change in the Borrower’s address, phone number, employer name, email address, as mentioned in Schedule I.

v. The Borrower confirms that he/she shall ensure availability of funds in the bank account on which such PDCs and NACH mandates have been drawn and that the Borrower will not at any time close his/her bank account until the full and final payment of the Outstanding Dues has been made to the Lender by the Borrower.

vi. The Borrower shall not change his/her name or change his/her bank account on which PDCs and NACH mandates have been drawn without prior written consent of the Lender.

vii. The Borrower shall pay/reimburse the Lender against all expenses for any purpose relating to this Agreement or any Loan Document including any taxes pertaining to this Agreement, or the Loan and enforcing the terms thereof.

viii. The Borrower shall pay and bear all taxes, rates, duties, charges and other imposts and obligations, existing as well as in future, in respect of the product and the transaction hereunder.

ix. The Borrower shall do all such things and execute all such writings as the Lender may require from time to time for duly or more perfectly securing the repayment of the Loan.

x. The Borrower shall ensure that the obligations under the Loan Documents shall at least rank pari passu with all its unsecured and unsubordinated obligations.

xi. The Borrower shall promptly notify the Lender of an Event of Default upon occurrence of the same.

Digitally signed by AHAMAD RASHID

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xii. Each of the Borrowers represent(s) and warrant(s) that (which shall be deemed to have been repeated to the Lender on the date of the disbursement and on each date thereafter till entire repayment and in reliance of which the Lender has granted the Loan): (a) The Borrower is a citizen of India and a major (in terms of age) and is of sound mind and is competent to contract and enter into and perform his /her obligations contemplated under this document/ other document/in respect of the Loan; (b) There is no impediment or restriction, whether under law, judgement, order, award, contract or otherwise, for any of the Borrowers entering into and/or performing any of the transactions contemplated by this/other documents/ in respect of the Loan and all approvals and consents, wherever necessary have been duly obtained and are and will continue to be in full force; (c) The execution hereof constitutes legal, valid and binding obligations of the Borrower; (d) That there is no Event of Default existing; (e) All information and documents provided by the Borrower or on behalf of the Borrower are true, correct and up-to- date and and nothing has occurred since the date of communication or supply of any information to the Lender which renders such information untrue or misleading in any respect; and (f) the declarations made by Borrower under this Agreement and the Loan Documents are true and complete and no information has been suppressed / withheld and (g) Except to the extent disclosed to the Lender, no litigation, arbitration, administrative or other proceedings are pending or threatened against the Borrower or its assets, which, if adversely determined, might have a material adverse effect; and

(h) the Borrower has not been declared to be a wilful defaulter or a non-cooperative borrower by any other regulated entity. 5. GENERAL TERMS

i. Any statement of account furnished by the Lender regarding the Outstanding Dues payable by the Borrower under this Agreement shall be accepted by and be binding on the Borrower and shall be a conclusive proof of the correctness of the amount mentioned therein. Without prejudice to the aforementioned, if the Borrower desire to question any statement issued by the Lender or any part thereof, the Borrower shall furnish to the Lender full details of the same within 10

(ten) Business Days from the receipt of the statement by the Borrower and the Lender may consider the same and the Borrower shall not be entitled to object to the same thereafter on any ground whatsoever. It is however agreed between the Parties that notwithstanding the foregoing, the Borrower shall not be entitled to default or delay the payment of EMI Amount on the ground of the statement of account furnished by the Lender being inaccurate or any other ground whatsoever.

ii. Wherever the Borrower has given Promissory Note(s) to the Lender for the amount of the Loan, in case of an Event of Default, the Borrower will still be liable to repay to the Lender the Loan amount along with the interest at the Rate of Interest hereto from the date of default till actual payment, along with other Outstanding Dues, if any.

iii. Wherever the Borrower has given Promissory Note(s) to the Lender for the amount of the Loan, in case of an Event of Default, the Borrower will still be liable to repay to the Lender the Loan amount along with the interest at the Rate of Interest hereto from the date of default till actual payment, along with other Outstanding Dues, if any.

iv. Any promotional scheme and/or contest being initiated by the Lender for its customers is independent of this Agreement and the Loan and such promotional schemes and/or contests do not Digitally signed by AHAMAD RASHID

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constitute any kind of solicitation by the Lender. Such promotional schemes and/ or contests shall be governed by the terms and conditions in relation thereto, which shall be carefully read by the Borrower in case the Borrower decides to participate in such schemes/contests. Further, the Borrower agrees and confirms that the Lender shall have the right to withdraw any of the promotional schemes at its sole discretion and without notice. v. The Borrower hereby agrees and confirm that the Lender shall have the right to cross sell its other products and services and the products and services of its affiliates, to the Borrower along with the Loan.

vi. The Borrower shall pay any and all stamp duty, stamp duty penalties, registration fees and similar taxes and duties which are or may become payable in connection with the entry into, performance or enforcement of this Agreement and/or Loan Documents whether at the time of execution or thereafter. The Borrower hereby agrees that in case the Lender is required to make any payments such as stamp duty, stamp duty penalty, registration charges and/or any other charges and/or duties on and in relation to this Agreement and/ or Loan Documents or any other underlying/associated documents, whether at the time of the execution or thereafter then the Lender shall be entitled/authorised to recover the same from the Borrower. vii. Any provision of this Agreement which is prohibited or unenforceable including without limitation due to any notification, guidelines, circular issued by RBI from time to time, in any jurisdiction shall, as to such jurisdiction, be ineffective only to the extent of such prohibition or un-enforceability but that shall not invalidate or affect the remaining provisions of this Agreement nor affect such provision in any other jurisdiction.

viii. The liabilities of the Borrower and the Co-Borrowers, if any, under this Agreement shall be joint and several.

ix. Any delay in exercising or omission to exercise any right, power or remedy accruing to the Lender under this Agreement or any other agreement or Loan Document shall not impair any such right, power or remedy and shall not be construed to be waiver thereof or any acquiescence in any default, nor shall the action or inaction of the Lender in respect of any default or any acquiescence by it in any default affect or impair any right, power or remedy of the Lender in respect of any other default.

x. Any notice to be given to the Borrower in respect of this Agreement shall be deemed to have been validly given if served on the Borrower or sent by courier or left at the address of the Borrower stated in Schedule I hereto or at the Borrower’s existing or last known business or private address. Any such notice sent by courier shall be deemed to have been received by the Borrower within 48 (forty eight) hours from the time of its posting.

xi. Without prejudice to all other rights as the Lender or any of the



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