Asset Reconstruction Company (India) Limited vs V K Spinning Mills Pvt Ltd on 18 October 2021

O R D E R

1. This application has been filed under Sec.19(1) of the RDDBFI Act by the Applicant Bank to recover from the Defendants a sum of Rs.1,48,61,157.53ps/-, due as on 24.01.2000, together with future interest @ 22.14% per annum along with penal interest from date of application till the date of realization and by sale of the hypothecated and mortgaged properties, more fully described in 'A', 'B' & 'C' Schedule of the application and with cost.

2. The brief averments of the application filed by the Applicant Bank are as follows:- The 1st Defendant is a Company. The Defendants 2 to 7 are the Directors of the 1st Defendant Company. The 1st Defendant Company applied for a Term Loan facility for a sum of Rs.55 Lakhs and a Cash Credit Facility for a sum of Rs.70 Lakhs and a Cheque Discounting limit for a sum of Rs.5 Lakhs and the same was sanctioned by the Applicant Bank on 28.02.1997. After receipt of the said loan, the 1st Defendant Company executed Cash Credit Agreement in respect of the Cash Credit Facility on 10.03.1997, in favour of the Applicant Bank and agreed to repay the said loan with quarterly rests with interest at the rate of 9.75% over and above the Bank rate with a minimum of 21.75% per annum. The 1st Defendant Company has also executed Promissory Note, in favour of the Applicant Bank on the said date.

In order to secure the said loan, the 1st Defendant Company executed Hypothecation Agreement by hypothecating the tangible and movable assets, as security for the due repayment of the loan, including raw materials on the said date, in favour of the Applicant Bank, which are morefully described in the premises of 'A' Schedule hereunder and agreed to repay the said facilities in 60 quarterly installments with interest at 9.75% over the Bank rate with a minimum of 21.75%.

Further, the 1st Defendant availed Term Loan to the tune of Rs.55 Lakhs. On such availment, the 1st Defendant Company executed an IDBI/SIDBI Articles of Agreement on 10.03.1997 and admitted and agreed to repay the said loan in quarterly installments of Rs.2.35 Lakhs per annum. To that effect, the 1st Defendant Company has also executed IDBI/SIDBI Hypothecation Agreement by hypothecating the machineries like Jeetex Ring Frame of 432 spindles, Jeetex JSF Simplex Fly Frame of 132 spindles, Mewada High Production Card Model Fitted with Belt Driver Coiler and other accessories, in favour of the Applicant Bank on 10.03.1997, which are morefully described in 'B' Schedule hereunder.

It is further stated that the 1st Defendant Company has also availed a Cheque Discounting facility to the tune of Rs.5 Lakhs by executing a Promissory Letter dated 10.03.1997 and agreed to repay the said loan with interest at the rate of 13% over the Bank rate with a minimum of 25% per annum and also executed an agreement relating to bills purchased/discounting limits by which the Defendants agreed to present cheques/drafts or bills arising out of their business.

Whereas, the Defendants 2 to 7 agreed to stand as Guarantors and executed a Letters of Guarantee as Exh. A-07, A-12 and A-16 for the aforesaid loans availed by the 1st Defendant Company on the above said date.

Apart from the said documents, the 1st Defendant executed another Hypothecation Agreement on 10.03.1997 by which the existing machineries of the 1st Defendant Company lying at the factory, as security, for the repayment of all the loans, in favour of the Applicant Bank, which are morefully described in 'C' Schedule hereunder.

Prior to the above availment of the loans, the 1st Defendant, on 07.03.1997, deposited the Title Deeds, with an intention to create equitable mortgage, over his properties, as collateral security, in favour of the Applicant bank, which are morefully described in 'A' Schedule hereunder and the same was registered with SRO, Sathur Taluk on 29.03.1997 and confirmed the same by way of Letter dated 31.03.1997.

As such, the 1st Defendant executed a continuing collateral security and created an equitable mortgage over the properties mentioned in 'A' Schedule hereunder, in favour of the Applicant Bank. Despite several demands and reminders on various dates, the Defendants did not choose to repay the loan amounts. Therefore, the Applicant Bank sent Lawyer Notice on 21.07.1998, calling upon the Defendants to pay a sum of Rs.87,88,538.53ps/ in respect of Cash Credit Facility and Rs.14,49,070/- in respect of the Term Loan as on 30.07.1997 which yielded no fruit. However, the Applicant Bank sent another Lawyer Notice dated 04.05.1999, calling upon the Defendants to pay a sum of Rs.17,56,938/- in respect of Term Loan and a sum of Rs.1,06,50,076/- in respect of the CC Account which was also yielded no fruit. Nevertheless, the Applicant Bank sent another Lawyer Notice dated 27.12.1999, calling upon the Defendants to pay a sum of Rs.90,69,000/- in respect of Term Loan and a sum of

Rs.1,18,82,810.53ps/- as on 30.09.1999 in respect of the CC Account within 7 days from the date of receipt of the said notice. But the Defendants evaded to comply with the terms of the above said notices. Thus, the Applicant Bank was constrained to classify the loan account as NPA. Wherefore, the 1st Defendant Company and the Defendants 2 to 7 who agreed to stand as Guarantors have also jointly and severally, liable to repay the said facilities with interest. Hence, the Applicant Bank has filed the OA No.73/2000 at DRT, Chennai and the OA was transferred to DRT, Coimbatore in TA No.343/2002 and was again transferred to DRT, Madurai and numbered as TA No.403/2007 for recovery of sum of Rs.1,48,61,157.53ps/-, due as on 24.01.2000, together with future interest @ 22.14% per annum along with penal interest and cost.

3. The brief averments of the reply statement of D-4 adopted by D-1 are as follows:- The Sanction Letter was neither communicated to D-4 and D-1 nor was acknowledged by them. The documents filed in support of the Application were all preprinted and blank at the time of obtaining the signatures from the Defendants. Further, common seal of the 1st Defendant Company was not affixed in the Pro-note filed by the Applicant Bank, and there is no valid agreement/contract between the Applicant Bank and the Defendants for effecting the borrowal and the mortgage was never created by the Defendants. The Statement of Accounts filed by the Applicant Bank is not certified as per Bankers Book Evidence Act. Hence the claim made as per the Statement of Accounts by the Applicant Bank is not correct and it is disputed. It is therefore prayed that this Tribunal may be pleased to pass orders as it may deem fit and proper.

4. The brief averments of the reply statements of by D-2 and D-3, D-5 to D-7 are as follows:- All the documents filed by the Applicant Bank were preprinted and blank at the time of signing by the Defendants and it was filled later on. Since D-2 and D-3, D-5 to D-7 resigned from the Directorship of the 1st Defendant Company, and they have no relationship with the said company, and D-2 and D-3, D-5 to D-7 are not liable to pay the aforesaid loan amounts availed by the 1st Defendant Company. It is therefore pleased that this Hon'ble Tribunal may be pleased to pass orders as it may deem fit and proper.

5. The brief averments of the Additional reply statement filed by D-4 adopted by all the Defendants are as follows:- All the averments in the TA No.403/2007 were denied except those that are specifically admitted herein. The Applicant Bank has extended Credit Facilities to the Defendants in the year 1997 and valid information about the documentation has been suppressed only on account of their claim having been barred by limitation. There was no correlation between the sanction said to have been granted and the documents purported to have been executed and marked in support of their claim. Therefore, the

Applicant Bank lacks substance and the claim is incorrect. The Applicant Bank is not in possession of any of Title Deeds which are said to have been deposited with for the purpose of mortgage and have filed the copies of the Title Deeds only before this Tribunal. The Documents filed by the Applicant Bank cannot be relied upon as those were not executed by the Defendants. The Defendants have not availed any loan under Cash Credit Account. The Defendants approached the Applicant Bank for Additional Loan Facility. But the Applicant Bank has suppressed the fact and not produced the accounts details in respect of the Additional Loan Transaction. The Defendants never signed in the sanction letters said to have been alleged in the Original Application. The Defendants are all small scale industries. The interest charged is usuriously high. It is therefore prayed that this Hon'ble Tribunal may be pleased to pass orders as it may deem fit and proper.

6. The Defendants were set ex-parte.

7. The Applicant Bank, in order to prove its claim, has filed Proof Affidavit executed by one Mr. K. Ragothaman, who is the Manager of the Applicant Bank and marked the documents as Exh. A-01 to A-79, in support of its claim in the OA.

The above said Manager of the Applicant Bank has stated in his proof affidavit that the Defendants applied for a Term Loan facility for a sum of Rs.55 Lakhs and a Cash Credit Facility for a sum of Rs.70 Lakhs and a Cheque Discounting limit for a sum of Rs.5 Lakhs on 10.03.1997. He has also stated in his affidavit with regard to sanction of the above three loans and execution of Demand Promissory Note as Exh.A-04, in favour of the Applicant Bank and also with regard to creation of equitable mortgage by Deposit of Title Deeds as Exhs.A-21 to A-23, in respect of OA 'A' Schedule properties, in favour of the Applicant Bank. He has also stated in his affidavit that the 1st Defendant executed Hypothecation Agreement (Inventories) and Hypothecation Agreement (Book Debts) as Exh.A-05 and A- 06, in favour of the Applicant Bank, and that the Defendants 2 to 7 agreed to stand as Guarantors by executing Letters of Guarantee as Exh. A-07, A- 12 and A-16 and that since the Defendants did not make any payment, the Applicant Bank has filed the OA No.73/2000 at DRT, Chennai and that it was transferred to DRT, Coimbatore in TA No.343/2002 and that it was again transferred to DRT, Madurai and numbered as TA No.403/2007 for recovery of the outstanding loan dues.

In the reply statement filed by the Defendants they have stated that the Sanction Letter was neither communicated to D-4 and D-1 nor was acknowledged by them, and that the Defendants did not availe any Cash Credit Loan, and that the interest charged is usuriously high, and that they have not executed any Demand Promissory Notes.

A perusal of the Exhibits marked as A-01 to A-79 would strengthen the contention of the Applicant Bank with regard to submission of Loan Applications dated 10.03.1997 by the 1st Defendant Company for availment of loan and sanction of loans by the Applicant Bank to the Defendants and execution of Demand Promissory Notes by the 1st Defendant and execution of the Agreements of Hypothecation on 10.03.1997 and creation of mortgage on 07.03.1997 and 29.03.1997 by the 1st Defendant, in favour of the Applicant Bank.

It is also seen from the perusal of the records that the Defendants 2 to 7 have executed Letters of Guarantee marked as Exh. A- Exh. A-07, A-12 and A-16, in favour of the Applicant Bank. The Legal Notices sent to the Defendants calling upon them to pay the outstanding loan due marked as Exh.A-70 to A-74 have been received by the Defendants as seen from the perusal of the Postal Acknowledgement Cards. The Applicant Bank has also produced Revenue Records such as Chitta and Adangal, Encumbrance Certificate and Kist Receipt under Exh.A-61 to A-63 to show that Secured Assets stands in the name of the 1st Defendant Company. The Defendants having signed in the Demand Promissory Notes are estopped from contending that they have not executed any Promissory Notes, and that the Applicant Bank obtained their signatures in unfilled forms. During the pendency of the Original Application, the Debts was assigned to ARCIL. Hence, the above ARCIL was substituted as the Applicant in the place of the erstwhile Applicant Bank. A cumulative analysis of both the Proof Affidavit of the then Manager of the erstwhile Applicant Bank and the documents marked him would prove the claim of the Applicant ARCIL in the TA. Therefore, this Original Application is allowed. The Applicant ARCIL is entitled for a final order on the following lines:- The Applicant ARCIL is entitled to recover from the Defendants, a sum of Rs.1,48,61,157.53ps/-, due as on 24.01.2000, together with future interest @ 22.14% per annum along with penal interest from date of application till the date of realization and also the costs.

8. The Defendants are directed to pay, jointly and severally, a sum of Rs.1,48,61,157.53ps/-, due as on 24.01.2000, together with future interest @ 22.14% per annum along with penal interest from date of application till the date of realization and also the costs. On failure to pay the above said debt to the Applicant ARCIL, the Applicant ARCIL is directed to bring the hypothecated and mortgaged properties, more fully described in Schedule 'A', 'B' & 'C' of the application, for sale to realize its dues and costs.

9. The Registry is directed to prepare DRC in terms of this final order. The Applicant ARCIL shall file memo of costs within 15 days from the date of this order. Registry is directed to communicate the copy of this order to both parties as provided in Rule 16 of the Debts Recovery Tribunal (Procedure) Rules, 1993. Dictated to Steno(MM), taken down, transcribed, typed by her, corrected and pronounced by me in the open court, this the 18th October, 2021. Sd/- (Su. WILLYAHM) PRESIDING OFFICER

DESCRIPTION OF PROPERTY SCHEDULE 'A' In Kamrajar District, West Ramanthapuram Registration District, Sathur Sub District, Ovayanaickenpatty Village in all ad measuring 42.02 acres.

1. Under S.No.95/1, an extent of 01 acre and 47 cents of Punja Lands, bounded on the North by Mariappa Konar, East by Mariappa Konar, South by Sangiah Thevar and West by P. Thathai Naicker.

2. Under S.No.95/2, an extent of 0 acre and 30 cents of Punja Lands, bounded on the North by Lands of Chikkappa Naicker, East by Lands of V. Nahammal and Akka Naicker, South by Lands of Mariappa Naicker, and West by P. Thathai Naicker.

3. Under S.No.95/3, an extent of 01 acre and 04 cents of Punja Lands, bounded on the North by Lands of Sangiah Thevar, East by Lands of Mariappa Konar, South by Lands of Mariappa Konar and West by P. Thathai Naicker.

4. Under S.No.95/4, an extent of 01 acre and 53 cents of Punja Lands, bounded on the North by Lands of Mariappa Konar, East by Lands of Mariappa Konar, South by Lands of Mariappa Konar and West by P. Thathai Naicker.

5. Under S.No.99/1, an extent of 74 cents of Punja Lands

6. Under S.No.99/3, an extent of 03 acres and 11 cents of Punja Lands, bounded on the North by Lands of Mariappa Konar, East by Lands of Krishnasamy, South by Lands of Mariappa Konar and West by Lands of Peria Solaiammal.

7. Under S.No.99/2, an extent of 01 acres and 20 cents of Punja Lands, bounded on the North by Lands of Mariappa Konar, East by Lands of Mariappa Konar, South by Odai and West by Lands of Mariappa Konar.

8. Under S.No.99/4, an extent of 80 cents of Punja Lands, bounded on the North by Lands of Mariappa Konar, East by Lands of Akka Naicker, South by Lands of Krishnasamy Naicker and West by Lands of Mariappa Konar.

9. Under S.No.77/4, an extent of 01 acre and 53 cents of Nanja Lands, bounded on the North by Lands of Solaiappan Chettiar, East by Lands of Subbulakshmi Spinners Pvt. Ltd, South by Lands of Vallaiammal and Muthummal and West by Lands of P.K. Ramasamy.

10. Under S.No.84/5, an extent of 01 acre and 17 cents out of total extent of 2 acres and 34 cents, Punja Lands, bounded on the North by Lands of

Srinivasa Naicker, East by Lands of Laliappa Konar and Athi Konar, South by Lands of Mariappa Konar and West by Lands of Srinivasa Naicker.

11. Under S.No.77/2, an extent of 01 acre and 79 cents of Punja Lands, bounded on the North by Lands of N.T. Subbiah, East by Lands of Subbulakshmi Spinners Pvt. Ltd, South by Lands of Gurusamy Naicker and West by Lands of Sangava Naicker.

12. Under S.No.79/3, an extent of 03 acres and 40 cents of Punja Lands, bounded on the North by Lands of Cheillaya Konar, East by Lands of Sollaiammal, South by Lands of Potti Konar and Ramasmy Naicker and West by Odai.

13. Under S.No.85/1, an extent of 01 acre and 61 cents of Punja Lands, bounded on the North by Lands of Vellaiammal and Muthammal, East by Lands of Subbulakshmi Spinners Pvt. Ltd, South by Lands of Mariappan and Ramasmy and West by Lands of Ramasamy.

14. Under S.No.78/1, larger extent of 02 acres and 99 cents out of total extent of 8 acres and 99 cents of Punja Lands, bounded on the North by Lands of Krishnasamy, East by Odai, South by Lands of Masilamani and Mariammal and West by Lands of Velusamy and another.

15. Under S.No.78/1, larger extent of 08 acres and 98 cents of measuring an extent of 1 acre and 60 cents of Punja Lands, bounded on the North by Lands of Gopalsamy, East by Odai, South by Lands of Masilamani and Mariammal and West by Lands of Masilamani and Mariammal.

16. Under S.No.78/1, in a larger extent of 08 acres and 98 cents of measuring an extent of 1 acre and 39 cents of Punja Lands, bounded on the North by Odai, East by Odai, South by Lands of Masilamani and Mariammal and West by Lands of Masilamani and Mariammal.

17. Under S.No.78/1, in a larger extent of 08 acres and 98 cents of measuring an extent of 03 cents of Punja Lands, bounded on the North by Lands of Subbulakshmi Spinners Pvt., Ltd., and Meenakshiammal and West by Lands of Mutammal and Vellaiammal.

18. Under S.No.84/2, in a larger extent of 01 acre and 22 cents of measuring an extent of 61 cents of Punja Lands, bounded on the North by Lands of Gopalsamy Naicker and another, East by Odai, South by Lands of Gurusamy Naicker and West by Lands of Ayyappan.

19. Under S.No.84/2, in a larger extent of 01 acre and 22 cents of measuring an extent of 61 cents of Punja Lands, bounded on the North by Lands of Gopalsamy Naicker, East by Lands of Ramasamy Naicker, South by Lands of Gurusamy Naicker and West by Lands of Mariappa Konar.

20. Under S.No.84/4, an extent of 01 acre and 14 cents of Punja Lands, bounded on the North by Lands of Ramasamy Naicker Ayyappan, East by Odai, South by Lands of Subbulakshmi Spinners Pvt., Ltd., and West by Lands of Mariappa Konar.

21. Under S.No.83/1, an extent of 01 acre and 03 cents of Punja Lands, bounded on the North by Lands of Sangiah Naicker, East by Lands of Sangarammal, South by Lands of Akka Naicker and Atthi Konar and West by Lands of Srinivasa Naicker.

22. Under S.No.83/2, an extent of 69 cents of Punja Lands, bounded on the North by Lands of Sangiah Naicker, East by Odai, South by Lands of Akka Naicker and Atthi Konar and West by Lands of Subbulakshmi Spinners Pvt., Ltd.

23. Under S.No.95/7, an extent of 59 cents of Punja Lands, bounded on the North by Lands of Nanammal, East by Lands of Solainuppan, South by Akka Naicker and West by Lands of Akka Naicker.

24. Under S.No.95/8, an extent of 50 cents of Punja Lands, bounded on the North by Lands of Nanammal, East by Odai, South by Lands of Akka Naicker and West by Lands of Sola Muppan.

25. Under S.No.95/5, an extent of 42 cents of Punja Lands, bounded on the North by Lands of Nanammal, East by Odai, South by Lands of Akka Naicker South and West by Subbulakshmi Spinners Pvt., Ltd Lands.

26. Under S.No.95/6, an extent of 58 cents of Punja Lands, bounded on the North by Lands of Nanammal, East and West and South by Subbulakshmi Spinners Pvt., Ltd Lands.

27. Under S.No.99/5, an extent of 01 acre and 20 cents of Punja Lands, bounded on the North and West by Lands of Subbulakshmi Spinners Pvt., Ltd., East by Odai and South by Lands of Krishnasamy Naicker.

28. Under S.No.80/1, an extent of 01 acre and 40 cents of Punja Lands, bounded on the North by Lands of Guruvammal, East by Lands of Ramasamy and Laksmiammal and South by Lands of Ramasamy and West by Lands of Subbulakshmi Spinners Pvt., Ltd.,

29. Under S.No.77/5, an extent of 01 acre and 58 cents of Punja Lands, bounded on the North by Lands of Gurusamy Naicker, East by Lands of Subbulakshmi Spinners Pvt., Ltd., South by Lands of Guruvammal and West by Lands of Ramasamy.

SCHEDULE 'B'

1. Jeetstex JS3 model ring spinning frame of 432 spindles-70mm gauge - 7'' lift – 20.2mm wharve dia, kunal spindle 1.5/8" (42mm) I.D. of rings – SKF

PK 225 drafting system -27-25-27mm dia of botter rollers on 6 spindles staff arrangement – all bottom rollers with needle roller bearings and all top rollers with bal bearing – with cots and aprons – 6 rows bobbin holder creel including Autotex bobbin holders dul driving Motors and controls, pneumafil doffing holders dul driving Motors and controls, pneumafil doffing rails clearer cloth cot (mounted and ground) and all other specifications as per makers standard.

2. Jeetstex – JSR Simplex fly frame of 132 spindles – 4 spindles per box - 110mm gauge – 12" lift – 6" dia of full bobbins 25 mm dia of spindles – SKF PK 1600 – 40 drafting system -30-25-30-30mm DIA of Bottom Rollers with needle roller bearings – closed type flyers – pneumatic broken and suction arrangement including driving Motor, control panel, clearer rollers, belts and pulleys – hank indicators – positive dirve creel for 18" dia x 42" height of CANS in 4 rows – and all other specifications to makers standard.

3. MEWADA High production card model M-40 fitted with new timing belt drive coiler without wire.

4. Ans all other machineries proposed to be purchased.

SCHEDULE 'C'

1. Step Cleaner with 5" length feed lattice Crompton greaves Motor – 2 HP for the above one set.

2. Doubler beater three bladed beater with feed lattice and regulating cage with 5 HP Motor – 1.

3. Cone Drum drive feed regulation with 3 HP Motor one number.

4. Autop lap doffing device with 0.5 HP Motor – 1.

5. Lab measuring Motor with 0.5 HP Motor – 1.

6. Control Panel for the above and electrical – 1.

7. Platt Bross 38" card 16"x 32" collar with Prasath IRHP unit with APRON DOFFIMG arrangement – 5 Nos.

8. Main Motor drive for the above 3 HP – 5 Nos.

9. DOFFER Motor 2 HP – 5 Nos.

10. Front Silver cut stop motion uni opener lider in under casing combing segment – 5 Nos.

11. Pneumafilmotor – 5 Nos.

12. Platt Bros 38" card with Doffer Comb -1 No.

13. Panel Board for the above machineries – 1 set

14. TOYODA make simple machine 10"x 124 Nos. spindles WST UTM 620 with four lines 90mm spindles gauge with extended creel – 1

15. Main Motor 7.5 HP GEC make with Gayathri control panel – 1.

16. Jeetstex – 12"x132 (lift) spindles – 110 mm spindle gauge with extended creel – 1 No.

17. Main Motor 12.5 HP kirloskar Motor -1 No.

18. Suction Motor 3 HP -1 No.

19. Front and Back full boibbin and stop motion control system with MEC control panel – No.

20. Super machines super make 16"x32" coller belt driven 3 iver 5 plar draffing with pneumatic loading systems with short length CREEL type – 2 Nos.

21. Main Drive – 5 HP – 1 No.

22. Fan Motor 3 HP – 1 No.

23. Auxiliary fromt Back and full can stop motion with injuction break unit 2 Nos.

24. LML Drawing machine Model LDO 2516: x32" belt driven 3 over 5 polar drafting with pneumatic loading – 1 No.

25. Main Drive Motor 5 HP – 1 No.

26. Fan Motor 3 HP – 1 No.

27. Texmaco – K2 model gear and conversation 2.5" gauge 432 spindles 7"x42mm Lift Ring dia. TRAINROL Spinning drive WST-VT.

28. Main Motor 12.5 pnemafil 2.5 HP for the above – 7 Nos.

29. Textool 5A model 448 spindles 2.5" gauge 7"x42mm lift ring dia TRINROLL SPINNING DRIVE UMBRELLA CREEL WST UT 620 drafting – 1 No.

30. Motor 12.5 HP for the Pneumafil 2.5 HP – 1 No.

31. Motor Drive 12.5 HP Pneumafil VIJAY 3 Hp – 4 Nos.

32. Cone Winding - TEXTOOL make 40 drums per side total 120 drums with electronic industries ribbon breaker with 2 Nos. – 3 HP Motors with a over – headblwer – 1 No.

33. Plastic cans – 400 Nos.

34. Double side reeling machine with 40 pegs with 1.5 HP Motor – 3 Nos.

35. Bundling machine with Motor – 1 No.

36. Air Compressor with receiver 160 litres capacity 3 Hp Motor pressure 9 kgs/sq.cm – 1 No.

37. Bobbins – 600 No.

38. Avery Balance 300 kgs capacity – 1 No.

39. 110 KVA kirloskar generator coupled with LEYLAND ENGINE of 140 HP - one set

40. 315 KVA Transformer – 1 No.

41. Capacitors 25 KVA 3 Nos.

42. Underground cable 300 Sq.mm 3.5 aluminum cable

43. Water supply pumps with Motors – 2 Nos.

44. Vacuum cleaner – Eureka Forbes – 1 No. Sd/- (Su. WILLYAHM) PRESIDING OFFICER

LIST OF DOCUMENTS FILED BY THE APPLICANT BANK S. No. Date Description of document Exhibits

1. 28.02.1997 Sanctioned Letter Ex.A-01

2. 10.03.1997 Cash Credit Agreement executed by the 1st Defendant Ex.A-02

3. 10.03.1997 Promissory Note executed by the 1st Defendant Ex.A-03

4. 10.03.1997 Delivery Letter executed by the 1st Defendant Ex.A-04

5. 10.03.1997 Hypothecation Agreement (Inventories) executed by the 1st Defendant Ex.A-05

6. 10.03.1997 Hypothecation Agreement (Book Debts) executed by the 1st Defendant Ex.A-06

7. 10.03.1997 Guarantee Letter executed by the Defendants 2 to 7 Ex.A-07

8. 10.03.1997 Deliver Letter executed by the 1st Defendant Ex.A-08

9. 10.03.1997 Letter executed by the 1st Defendant Ex.A-09

10. 10.03.1997 IDBI Articles Agreement executed by the 1st Defendant Ex.A-10

11. 10.03.1997 IDBI Hypothecation Agreement executed by the 1st Defendant Ex.A-11

12. 10.03.1997 Guarantee Letter executed by the Defendants 2 to 7 Ex.A-12

13. 10.03.1997 Deliver Letter executed by the Defendants Ex.A-13

14. 10.03.1997 Promissory Note executed by the 1st Defendant Ex.A-14

15. 10.03.1997 Agreement relating to Bills purchase/discounting facility executed by the 1st Defendant Ex.A-15

16. 10.03.1997 Guarantee Letter executed by the Defendants 2 to 7 Ex.A-16

17. 10.03.1997 Delivery Letter executed by the 1st Defendant Ex.A-17

18. 10.03.1997 Hypothecation Agreement executed by the 1st Defendant Ex.A-18

19. 10.03.1997 Delivery Letter executed by the 1st Defendant Ex.A-19

20. 10.03.1997 Letter executed by the 1st Defendant Ex.A-20

21. 07.03.1997 Letter of Intention executed by the 1st Defendant Ex.A-21

22. 29.03.1997 Memorandum of Deposit of title deeds executed by the 1st Defendant Ex.A-22

23. 31.03.1997 Confirmation Letter executed by the 1st Defendant Ex.A-23

24. 28.07.1973 Sale Deed (Doc.No.2096/73) Ex.A-24

25. 27.06.1970 Sale Deed (Doc.No.1413/70) Ex.A-25

26. 18.05.1970 Sale Deed (Doc.No.938/70) Ex.A-26

27. 05.09.1973 Sale Deed (Doc.No.2460/73) Ex.A-27

28. 23.06.1989 Sale Deed (Doc.No.1644/89) Ex.A-28

29. 18.05.1970 Sale Deed (Doc.No.926/70) Ex.A-29

30. 18.05.1970 Sale Deed (Doc.No.927/70) Ex.A-30

31. 14.08.1970 Sale Deed (Doc.No.1992/70) Ex.A-31

32. 23.06.1989 Sale Deed (Doc.No.1663/89) Ex.A-32

33. 28.09.1990 Sanction Plan Ex.A-33

34. 14.07.1993 Property Tax Receipt Ex.A-34

35. 22.11.1993 Encumbrance Certificate Ex.A-35

36. 15.07.1993 Sale Deed (Doc.No.1912/93) Ex.A-36

37. 16.06.1976 Sale Deed (Doc.No.986/76) Ex.A-37

38. 23.06.1989 Sale Deed (Doc.No.1665/89) Ex.A-38

39. 02.07.1996 Chitta Ex.A-39

40. 15.07.1993 Sale Deed (Doc.No.1910/93) Ex.A-40

41. 02.07.1993 Certificate of VAO Ex.A-41

42. 12.07.1993 Sale Deed (Doc.No.1909/93) Ex.A-42

43. 20.08.1965 Sale Deed (Doc.No.1926/65) Ex.A-43

44. 09.07.1992 Sale Deed (Doc.No.2863/92) Ex.A-44

45. 09.07.1992 Sale Deed (Doc.No.2862/92) Ex.A-45

46. 09.07.1992 Sale Deed (Doc.No.2864/92) Ex.A-46

47. 24.03.1969 Sale Deed (Doc.No.473/69) Ex.A-47

48. 18.03.1991 Sale Deed (Doc.No.574/91) Ex.A-48

49. 27.03.1989 Sale Deed (Doc.No.850/89) Ex.A-49

50. 18.03.1991 Sale Deed (Doc.No.575/91) Ex.A-50

51. 18.03.1991 Sale Deed (Doc.No.576/91) Ex.A-51

52. 12.07.1991 Certificate of VAO Ex.A-52

53. 12.07.1990 Sale Deed (Doc.No.1468/90) Ex.A-53

54. 16.07.1990 Sale Deed (Doc.No.1573/90) Ex.A-54

55. 11.07.1961 Sale Deed (Doc.No.1548/61) Ex.A-55

56. 05.07.1990 Sale Deed (Doc.No.1472/90) Ex.A-56

57. 16.07.1990 Sale Deed (Doc.No.1574/90) Ex.A-57

58. 15.07.1993 Sale Deed (Doc.No.1911/93) Ex.A-58

59. 15.07.1993 Sale Deed (Doc.No.1913/93) Ex.A-59

60. 12.07.1996 Certificate of Tahsildar South Taluk Ex.A-60

61. 15.06.1996 Chitta & Adangal Extracts Ex.A-61

62. 25.03.1996 Encumbrance Certificate Ex.A-62

63. 04.05.1996 Kist Receipt Ex.A-63

64. 10.12.1997 Letter Ex.A-64

65. 08.01.1998 Letter Ex.A-65

66. 16.02.1998 Letter Ex.A-66

67. 19.05.1998 Letter Ex.A-67

68. 12.11.1998 Letter Ex.A-68

69. 12.03.1998 & 06.04.1998 Letter Ex.A-69

70. 21.07.1998 Lawyer's Notice Ex.A-70

71. 04.08.1998 Acknowledgement Lawyers Certificate Ex.A-71

72. 04.05.1999 Lawyer’s Notice Ex.A-72

73. 27.12.1999 Lawyer’s Notice Ex.A-73

74. 26.05.1999 Acknowledgement Lawyers Certificate Ex.A-74

75. 30.11.1997 Confirmation of Balance Ex.A-75

76. 31.03.1997 Modification of Charge Ex.A-76

77. 01.03.1997 Resolution Ex.A-77

78. 27.07.1996 Legal Opinion Ex.A-78

79. 24.01.2000 Statement of Account Cash Credit Ex.A-79

Sd/- (Su. WILLYAHM) PRESIDING OFFICER