Estamp
Estamp
00
Certificate No. IN-TN34474409292431W
Account Ref. No. SHCIL01 (CR)/ tnshcil10/ Triplicane-SRO/ TN-CC
Issued On 21-08-2024
Issued By SHCIL
Stamp mode e-Stamp Certificate
State Tamil Nadu
Party Details
First Party CapFloat Financial Services Pvt Ltd
Second Party Aditya Birla Finance Limited and Mahesh
Stamp Duty Paid By CapFloat Financial Services Pvt Ltd
Purchased By CapFloat Financial Services Pvt Ltd
Document Type Article 5 Agreement
Description Loan Agreement
Additional Details
Consideration Amount ₹60000 .00
Document Reference
51b77b4fd62b930e
No.
Note
Please be aware that this rec eipt titled Stamp Duty Payment Details is an ac knowledgement of the Stamp
Duty as paid by you and in no event be c onstrued as or equivalent to a Stamp Paper.
The authentic ity of the Stamp paper as purc hased by you should be verified at www.shc ilestamp.c om Any
disc repanc y in the details in this c ertific ate and as available on the website renders it invalid.
The onus of c hec king the legitimac y of the ac knowledgement and the stamp papers vests on the users of the
c ertific ate.
Stamp Ref No: IN-TN34474409292431W
Sr
Name Details
No.
1 Loan Amount ₹60000.0
Capfloat Financial Services Private Limited (Operating under the brand axio) ("Lender 1") ₹12000.0
Aditya Birla Finance Limited ("Lender 2") ₹48000.0
2 Total interest charged during the entire tenure of the loan ₹11406.46
3 Other up-front deductions ₹2265.6
a. Processing Fee, if any ₹1911.6
b. Insurance Charges, if any ₹0.0
c. Documentation Charges ₹354.0
4 Pre EMI ₹570.01
5 Net disbursed amount (1 - 3) ₹57734.4
6 Total amount to be paid by the borrower (1 + 2 + 3 + 4) ₹74242.06
7 Annual Percentage Rate - Effective annualized interest rate (in percentage and reducing balance method) 26.41%2
8 Rate of Interest, (charged per annum, reducing) 22.8%
9 Tenure of the Loan (in months/days) 18 months
10 Repayment frequency by the borrower Monthly
11 Number of installments of repayment 18
12 Amount of each installment of repayment ₹3967.02
Details about contingent charges
Penal charges:
13 2% p.m. is charged on the outstanding principal of the delinquent payments. E.g. if the outstanding principal of the
delinquent payment is ₹1500, then ₹1 is charged per day of delayed payment (2% * 1500/30)
Bounce Charges
14 A bounce charge of ₹800 will be charged per EMI cycle in case of bounce of auto-debit of EMIs via auto repayment
mode setup.
Pre-closure charges
15 Pre-closure charges of 4.0% + GST @ 18% of outstanding principal apply up to the 12th EMI from the loan start date.
Zero pre-closure charges after that.
Registered office at, New No. 3 (Old No. 211) Gokaldas P latinum, Upper P alace Orchards, Bellary Road, Sadashivnagar, Bangalore Karnataka - 560080
To be stamped appropriately as per stamp duty act applicable on the execution date of this agreement and party/parties paying the stamp duty should mention the
acknowledgement details in Schedule I of this agreement.
Stamp Ref No: IN-TN34474409292431W
Other Disclosures
Cooling off period during which borrower shall not be charged any penalty on prepayment of loan other than 3
16
the APR3 days
Details of recovery agent and authorized to approach the borrower:
Entity Name: Axio Digital Private Limited and it's Partners
17
Contact No: 080-68075001
Email ID: [email protected]
Designated Grievance Redressal Nodal Officer of Capfloat Financial Services Private Limited (Operating under the
brand axio) to deal with digital lending related complaints / issues:
Grievance Redressal Officer (GRO): Mr. Pravin Todkar
Principal Nodal Officer (PNO): Mr. Yasaswi B S
Office Address: New No. 3 (Old No. 211), Gokaldas Platinum, Upper Palace Orchards, Bellary Road, Sadashiva Nagar,
Bengaluru,Karnataka 560080
Telephone/Mobile: 080-68075001
18
Email ID: [email protected]
Aditya Birla Finance limited (ABFL) GRO details:
Name: Mr. Arijit Sen
Office Address: Aditya Birla Finance Limited,10th Floor, R-Tech Park, Nirlon Complex, Goregaon, Mumbai 400063
Telephone/Mobile: 080 45860196
Email id: [email protected]
1
Please note that Pre EMI charged is calculated as on today. This amount will vary based on the disbursement date. This amount will be collected on the subsequent
5th.
2 APR is the effective annualized rate charged to the borrower of a digital loan. APR is based on an all-inclusive cost and margin including cost of funds, credit cost
and operating cost, processing fee, verification charges, maintenance charges, etc., and excludes contingent charges like penal charges, late payment charges, etc.
3
A cooling off/look-up period is the time window which is given to borrowers for existing digital loans, in case a borrower decides not to continue with the loan.
Registered office at, New No. 3 (Old No. 211) Gokaldas P latinum, Upper P alace Orchards, Bellary Road, Sadashivnagar, Bangalore Karnataka - 560080
To be stamped appropriately as per stamp duty act applicable on the execution date of this agreement and party/parties paying the stamp duty should mention the
acknowledgement details in Schedule I of this agreement.
Stamp Ref No: IN-TN34474409292431W
Annexure 1
Installment No. Outstanding Amount (₹) Principal (₹) Interest (₹) Installment (₹)
1 60000 2827.02 1140 3967.02
2 57172.98 2880.73 1086.29 3967.02
3 54292.25 2935.47 1031.55 3967.02
4 51356.78 2991.24 975.78 3967.02
5 48365.54 3048.07 918.95 3967.02
6 45317.47 3105.99 861.03 3967.02
7 42211.48 3165 802.02 3967.02
8 39046.48 3225.14 741.88 3967.02
9 35821.34 3286.41 680.61 3967.02
10 32534.93 3348.86 618.16 3967.02
11 29186.07 3412.48 554.54 3967.02
12 25773.59 3477.32 489.7 3967.02
13 22296.27 3543.39 423.63 3967.02
14 18752.88 3610.72 356.3 3967.02
15 15142.16 3679.32 287.7 3967.02
16 11462.84 3749.23 217.79 3967.02
17 7713.61 3820.46 146.56 3967.02
18 3893.15 3893.05 73.97 3967.02
Registered office at, New No. 3 (Old No. 211) Gokaldas P latinum, Upper P alace Orchards, Bellary Road, Sadashivnagar, Bangalore Karnataka - 560080
To be stamped appropriately as per stamp duty act applicable on the execution date of this agreement and party/parties paying the stamp duty should mention the
acknowledgement details in Schedule I of this agreement.
Stamp Ref No: IN-TN34474409292431W
Date: 21-08-2024
Reference number: VACAFLT329927689262
To,
Mahesh Chickkachoodaiah Gunuganahalli
SUBJECT - SANCTION LETTER
Dear Sir / Madam,
We are pleased to inform that you are eligible for a Personal Loan facility from us as per following terms:
Registered office at, New No. 3 (Old No. 211) Gokaldas P latinum, Upper P alace Orchards, Bellary Road, Sadashivnagar, Bangalore Karnataka - 560080
To be stamped appropriately as per stamp duty act applicable on the execution date of this agreement and party/parties paying the stamp duty should mention the
acknowledgement details in Schedule I of this agreement.
Stamp Ref No: IN-TN34474409292431W
** Note: The dates are indicative and may change depending upon the actual date of disbursement.
The terms of this loan sanction shall also be governed by General Terms and Conditions, copies of which is also available on
our website: https://axio.co.in/terms-conditions, which you may kindly read before confirming your acceptance. The said
documents are incorporated here. The Borrower's acceptance to the terms of this letter and understanding of the General
Terms and Conditions should be informed to the Lender via email. Further, each of the Borrower shall be jointly and severally
responsible for compliance to the terms of this loan sanction and for repayment of the loan amount disbursed.
This sanction letter will only be a letter of offer and shall stand revoked and cancelled, if there are any material changes in the
proposal for which the Loan is sanctioned or; If any event occurs which, in our sole opinion is prejudicial to our interest or is
likely to affect the financial condition of the Borrower or his I her/ their ability to perform any obligations under the loan or;
any statement made in the loan application or representation made is found to be incorrect or untrue or material fact has
concealed or; upon completion of the validity period of this offer unless extended by us in writing.
We value your relationship with us and assure you of our best services always.
Best Regards,
axio Team.
Registered office at, New No. 3 (Old No. 211) Gokaldas P latinum, Upper P alace Orchards, Bellary Road, Sadashivnagar, Bangalore Karnataka - 560080
To be stamped appropriately as per stamp duty act applicable on the execution date of this agreement and party/parties paying the stamp duty should mention the
acknowledgement details in Schedule I of this agreement.
Stamp Ref No: IN-TN34474409292431W
1. FACILITY
1. Facility
Lenders, at the request of the Borrower agrees to lend to the Borrower, and the Borrower agrees to borrow from Lenders,
the Facility is to the extent of the total sanctioned amount during the Availability Period on the basis of and subject to
the conditions, terms and covenants set out in this Agreement and the Schedules, including but not limited to Schedule
II (Terms of the Facility).
2. Purpose
The Borrower agrees and acknowledges that he/she shall apply the proceeds of each disbursement towards the End
Use as declared in Schedule II. The key terms of the Facility are set out in Schedule II (Terms of the Facility).
2. TERMS OF DISBURSEMENT
1. Availability
The Borrower shall be entitled to request a disbursement of the Facility Amount for each Facility in multiple tranches
(each, a "Loan") during the Availability Period subject to the Borrower complying with the provisions of this Agreement
and to the satisfaction of Lenders.
2. Right to Refuse Disbursement
Notwithstanding anything contained in this Agreement, Lenders shall have the sole right, to refuse disbursement of the
Facility / Loan.
3. Cooling Off Period
During the Cooling-Off period, the Borrower can exit the Loan by paying the principal and the proportionate Annual
Percentage Rate without any penalty, however in order to be eligible to return/cancel the Loan amount during the
Cooling- off period.
3. CONDITIONS PRECEDENT
1. Conditions Precedent to the Loan
The disbursement of the Loan shall be subject to the fulfillment of the conditions set forth in a manner satisfactory to
Lenders.
a. Receipt of all approval of third parties, including creditors of the Borrower for availing any of Loan on the terms
and conditions as contained in this Agreement;
Registered office at, New No. 3 (Old No. 211) Gokaldas P latinum, Upper P alace Orchards, Bellary Road, Sadashivnagar, Bangalore Karnataka - 560080
To be stamped appropriately as per stamp duty act applicable on the execution date of this agreement and party/parties paying the stamp duty should mention the
acknowledgement details in Schedule I of this agreement.
Stamp Ref No: IN-TN34474409292431W
b. Completion of the due diligence and the Know Your Customer checks on the Borrower by Lenders;
c. To provide Lenders with the Bank Account details of the Borrower for the purpose of repayment of the loan / EMI
as and when demanded by Lenders;
d. Issuance and delivery of cheques/NACH/DDM/SI for repayment of the loan in the manner set out in the Schedule
III;
e. Any other condition as may be stipulated by Lenders including completion of the due diligence and "Know Your
Customer" checks on the Borrower by Lenders.
f. The borrower is at least 21 years of age and has an annual household income greater than INR 3 lacs.
4. INTEREST
1. Interest
The Borrower shall be liable to pay the Interest with respect to each Loan. Provided that, the Borrower shall jointly and
severally be liable to pay any further amounts that become due towards Interest.
2. Penal Charges
If the Borrower fails to pay any amount payable by it under this Agreement on its Due Date, Penal Charges shall accrue
on a daily basis on such amount from the Due Date or Repayment Date, as applicable, up to the date of actual payment
and shall be liable for payment on demand by Lenders. The Penal Charges payable during and after the Extended
Period shall be as set out in Schedule II (Terms of Facility) of this Agreement.
3. General
a. The Borrower acknowledges that any sums, Interest, fees or premium, default amounts including the Penal
Charges, are: (i) reasonable and that they represent genuine pre-estimates of the loss incurred by Lenders in the
respective events of non-compliance by the Borrower and are not penal in nature, and (ii) exclusive of all Taxes
and statutory payments (each of which shall be to the account of the Borrower).
5. REPAYMENT
1. Repayment
The Borrower shall be liable to repay the Loan in accordance with the Repayment Schedule.
2. CHEQUE / NACH / DDM / SI
The Borrower covenants with Lenders that it shall simultaneously with the execution of this Agreement issue to
Lenders, Undated Cheques and Post Dated Cheques and / or NACH / e-NACH / DDM / SI for repayment of the relevant
Repayment Installment and the Interest thereon and deliver the same to Lenders in a form and manner satisfactory to
Lenders. The Borrower confirms and acknowledges that the Facility is being extended on the basis of the Undated
Cheques and Post Dated Cheques and / or NACH / e-NACH / Standing Instruction / Direct Debit Mandate. Lenders shall
be entitled to present & encash, the corresponding Post Dated Cheques and / or NACH / e-NACH / Standing Instruction
/ Direct Debit Mandate or any other form of debit allowed by the bank, on each Repayment Date in accordance with the
Repayment Schedule towards the repayment of the corresponding Repayment Installment of the Facility or until
realization of the Outstanding dues of the borrower. Upon encashment of the Post Dated Cheques and / or NACH / e-
NACH/ Standing Instruction / Direct Debit Mandate or any other form of debit allowed by the bank on the relevant
Repayment Date and the repayment of all outstandings due as on the relevant Repayment Date, the balance
Receivables standing to the credit of the Designated/Virtual Account as on the Repayment Date, shall be transferred to
the account specified by the Borrower for deposit of such Receivables.
3. Appropriation
Any amounts due and payable by the Borrower under this Agreement shall be appropriated by Lenders towards such
dues in the following order:
a. firstly, principal outstanding other monies due and payable to Lenders;
b. secondly, interest andother monies due and payable to Lenders;
c. thirdly, Penal Charges under Clause 4.2 (Penal Charges);
4. On Demand Facility
If the amounts that are due are not deposited in the relevant Designated Account on or before the relevant Due Date,
Lenders shall have the right to seek full and final repayment of the Outstanding Amount on demand from the Borrower
axio is the trade name of C apFloat Financial Services P rivate Limited 7 of 26
No.136, Shyamala Towers, 6th Floor, East Wing,Arcot Road, Saligramam, C hennai-600093, Tamilnadu
Registered office at, New No. 3 (Old No. 211) Gokaldas P latinum, Upper P alace Orchards, Bellary Road, Sadashivnagar, Bangalore Karnataka - 560080
To be stamped appropriately as per stamp duty act applicable on the execution date of this agreement and party/parties paying the stamp duty should mention the
acknowledgement details in Schedule I of this agreement.
Stamp Ref No: IN-TN34474409292431W
(which shall immediately make such payments), with the payment of Penal Charges and any further costs, charges etc
associated thereto.
5. Payment Default
If Lenders does not receive any amounts due, on or before the Due Date, the Borrower shall be deemed to have
committed an Event of Default under Clause 10 (Events of Default), and the Borrower shall pay, the Penal Charges, from
the Due Date till the date on which actual payment of the said amount is made.
6. Obligation to Ensure Payments
Any and all disputes between the Parties in relation to or arising out of this Agreement shall not affect the Borrower's
obligation to ensure payment to and receipt by Lenders of amounts due and payable under this Agreement, from time
to time.
7. Payment Settlement
Any and all payments contemplated under this Agreement shall be made through the Real Time Gross Settlement
(RTGS) or NACH / e-NACH / DDM / SI or any other system of fund transfer as desired by Lenders.
8. Prepayment
Unless otherwise specified in Schedule II (Terms of the Facility), the Borrower shall be entitled to prepay the Loan or
any part of the Loan prior to the relevant Repayment Date by paying the Prepayment Charges to Lenders.
6. FEES
Lenders shall be entitled to receive the Processing Fees towards processing of Loan and costs from the Borrower in
accordance with the fee communicated by the lenders to the Borrower.
7. OUTSOURCING BY Lenders
The Parties acknowledge and agree that Lenders shall have the right to engage, at any time and from time to time, the
services of third parties for the purpose of collection / recovery of any and all amounts outstanding and due and payable
to Lenders under the terms of this Agreement or performing the obligations prescribed under this Agreement, at the cost
of the Borrower.
8. REPRESENTATIONS AND WARRANTIES
The Borrower make the representations and warranties set out in this Clause 8 to Lenders on the date of this Agreement
and on each Repetition Date (by reference to the facts and circumstances then existing on each Repetition Date).
1. Status
a. The Borrower is a resident and Citizen of India and has the power, competence and financial solvency to execute
this Agreement and perform his/her/its obligations under this Agreement.
b. The Borrower hereby represents that the financial facility obtained is for personal use only and that the same
shall not be used for any unlawful activities.
c. The provisions of these Terms and Conditions, when accepted, will constitute, legal, valid and binding obligations
on the borrower that will be enforceable in accordance with their respective terms.
2. Non-conflict with other obligations
The entry into this Agreement by the Borrower, and the performance of the transactions contemplated by this
Agreement by the Borrower, do not and will not conflict with:
a. any Applicable Law; or
b. any agreement or instrument binding upon it or any of its assets, nor will result in the existence of, or oblige it to
create, any security over any of its assets.
3. Power and Authority
The Borrower has the power to enter into, perform and deliver, and has taken all necessary action to authorize
his/her/its entry into, performance and delivery of, this Agreement and the transactions contemplated hereunder.
4. No default or misleading information
a. No Event of Default is continuing or might be expected to result from the making of any Disbursement.
Registered office at, New No. 3 (Old No. 211) Gokaldas P latinum, Upper P alace Orchards, Bellary Road, Sadashivnagar, Bangalore Karnataka - 560080
To be stamped appropriately as per stamp duty act applicable on the execution date of this agreement and party/parties paying the stamp duty should mention the
acknowledgement details in Schedule I of this agreement.
Stamp Ref No: IN-TN34474409292431W
b. No other event or circumstance is outstanding which constitutes or shall constitute a default under any other
agreement or instrument which is binding on the Borrower or to which the assets of the Borrower is/are subject to
and which might have a material adverse effect on the Borrower.
c. All factual information contained in, provided by the Borrower in connection with the Loan or this Agreement is
true, complete and accurate in all respects as at the date it was provided or as at the date (if any) at which it is
stated and is not misleading in any respect.
d. The borrower agrees and confirms that there is no change in the information, in the KYC, if any, available with
Lenders and the same can be used by the lenders for this facility
5. Financial statements
a. The financial statements of the Borrower provided to Lenders give a true and fair view and fairly represent the
Borrower's financial condition and operations as at the end of and for the relevant financial year.
6. No proceedings pending or threatened
No litigation, arbitration, investigative or administrative proceedings of or before any court, arbitral body or agency or
proceedings have been started or threatened against the Borrower.
7. No immunity
a. Neither the Borrower nor any of his/her/its assets is/are entitled to immunity from suit, execution, attachment or
other legal process in India.
8. Relating to Money Lenders
a. The transaction entered into between Lenders and the Borrowers under this agreement is not an advance and
purely a loan.
b. No Borrower is a director or relative of any director or Senior Officer in the Lenders' organisation, and no partner or
member or trustee of the Lenders' organisation holds substantial interest in the Borrower. No Relative (as
specified by RBI) of a Chairman/Managing Director or Director of Lender's organisation or a relative of senior
officer (as specified by RBI) of Lender's organisation holds substantial interest or is interested as a guarantor of
the Borrower.
9. Insurances
a. The Lending Service Provider may offer an add-on insurance product on its platform. It is to be noted that the
insurance product offered by the Lending Service Provider is not part of the loan and the Borrower shall have the
option and not an obligation to avail the insurance product.
b. All insurances which are required to be maintained or effected by the Borrower are in full force and effect and no
event or circumstance has occurred, nor has there been any omission to disclose a fact, which would in either
case entitle any insurer to avoid or otherwise reduce its liability under any policy relating to the insurances.
c. The pre-EMI interest (including the post disbursal until loan start period), insurance premium, documentation
charges (if any) transaction/processing charges, and/or any other charges under or in connection with the Loan
will be deducted from the loan and only the net amount of the loan after deduction of such fees/premium and/or
charges shall be disbursed to the Borrower Designated Account as mentioned in Annexure - I.
d. The Borrower agrees that the Lending Service Provider shall deduct the insurance premium/charges from the
disbursement amount and pay the amount to the insurer/insurance company as disclosed in the platform.
e. The Borrower further understands that the Lenders and the Lending Service Provider shall not be responsible for
any insurance product or with regard to any terms and conditions of the insurance policies/products that is
availed by the Borrower from the insurer/insurance company.
10. Ranking
a. The Borrower's payment obligations under this Agreement are at least pari passu with the claims of all its other
unsecured creditors (both present and future), except for obligations mandatorily preferred by Applicable Law.
9. COVENANTS
The undertakings and covenants in this Clause 9, (as applicable) remain in force from the date of this Agreement for so
long as any amount remains outstanding under this Agreement.
1. Positive Covenants
Registered office at, New No. 3 (Old No. 211) Gokaldas P latinum, Upper P alace Orchards, Bellary Road, Sadashivnagar, Bangalore Karnataka - 560080
To be stamped appropriately as per stamp duty act applicable on the execution date of this agreement and party/parties paying the stamp duty should mention the
acknowledgement details in Schedule I of this agreement.
Stamp Ref No: IN-TN34474409292431W
The Borrower covenants and undertakes that, during the entire term of the Agreement:
a. End Use
The Borrower shall utilize the Facility Amount only for the End Use as covenanted herein and for no other purpose
whatsoever.
b. Payment Obligations
i. The Borrower shall ensure payment of the Loans and Interest and all monies owing to Lenders under this
Agreement, according to the terms hereof. The Borrower shall be liable to repay the entire loan amount
along with applicable interest, Penal Charges, late payment fees, overdue charges, penalties etc.,
irrespective of the fact whether the purpose for which the loan facility so availed by the Borrower is/are
being successful or unsuccessful.
ii. The Borrower covenants and agrees to pay such number of EMIs in advance to Lenders and as and when
demanded by Lenders mentioned in Schedule II herein
c. Information Covenants
The Borrower shall promptly inform Lenders of:
i. Any litigation, arbitration or other proceedings which may affect the Borrower, forthwith upon the same
being instituted or threatened by any person whatsoever including if making a claim for money against the
Borrower, or enforcing against the Borrower any guarantee or indemnity given by the Borrower;
ii. Occurrence of any Event of Default or of the occurrence of an event which, with the passage of time or the
giving of notice would become an Event of Default, and also, where applicable, of the steps being taken to
remedy the same, and will, from time to time, if so requested by Lenders, confirm to Lenders in writing that
save as otherwise stated in such information, no default has occurred and/or is continuing;
iii. Any change in particulars of the Borrower, inter alia, KYC documents, change in office addresses, email
address and telephone number;
iv. Any distress or other process of court being taken against the Borrower's premises and/or property and/or
assets; and
d. Taxes
The Borrower shall bear and pay the interest tax, service tax, all other imposts, duties (including any stamp duty
and relevant registration and fling charges payable, if applicable) and taxes (of any description whatsoever) as
may be levied from time to time by any governmental authority in accordance with the Applicable Law or other
authority in respect of or in connection with the Loan. The Borrower shall also pay all costs, charges, fees,
expenses in any way incurred by Lenders, and such stamp duty, other duties, taxes, charges and penalties if and
when the Borrower is required to pay according to the Applicable Laws. In the event of the Borrower failing to pay
the monies referred to above, the same shall constitute an Event of Default.
e. Access to Borrower Information
a. The Borrower has also given to the Lenders the unconditional and irrevocable consent to access the
Borrower's credit information and such other information, financial or otherwise, as required from time to
time;
b. The Borrower shall provide all necessary co-operation and assistance to the Lenders, as may be requested
from time to time, for retrieving any information that the Lender may require from any governmental
authority or otherwise;
c. The Borrower hereby agrees, confirms and undertakes that:
i. The Lenders shall, as deemed appropriate and necessary, be entitled to disclose all or any: (A)
information and data relating to the Borrower; (B) information or data relating to the Loan or any other
credit facility(ies) availed / to be availed by the Borrower; (C) obligations assumed / to be assumed by
the Lenders in relation to the Loan; (D) default, if any, committed by the Borrower in discharge of the
aforesaid obligations, to any agency/credit bureau (the "Agency") authorised in this behalf by RBI;
ii. The Agency so authorised may use, process the aforesaid information and data disclosed by the
Lenders in the manner as deemed fit by it; and
iii. The Agency so authorised may furnish for consideration, the processed information and data or
products thereof prepared by it, to banks / financial institutions and other credit grantors or registered
Registered office at, New No. 3 (Old No. 211) Gokaldas P latinum, Upper P alace Orchards, Bellary Road, Sadashivnagar, Bangalore Karnataka - 560080
To be stamped appropriately as per stamp duty act applicable on the execution date of this agreement and party/parties paying the stamp duty should mention the
acknowledgement details in Schedule I of this agreement.
Stamp Ref No: IN-TN34474409292431W
Registered office at, New No. 3 (Old No. 211) Gokaldas P latinum, Upper P alace Orchards, Bellary Road, Sadashivnagar, Bangalore Karnataka - 560080
To be stamped appropriately as per stamp duty act applicable on the execution date of this agreement and party/parties paying the stamp duty should mention the
acknowledgement details in Schedule I of this agreement.
Stamp Ref No: IN-TN34474409292431W
The breach of, or omission to observe, or default by the Borrower in observing any of his/her/its obligations,
covenants, warranties, undertakings under this Agreement.
c. Misrepresentation
Any representation or statement made or deemed to be made by the Borrower in this Agreement or any other
document delivered by or on behalf of the Borrower under or in connection with the Agreement being or being
proven to have been incorrect or misleading when made or deemed to be made.
d. Cancellation of ECS / NACH
Any instruction being given by the Borrower to stop the payment of any loan ECS/ NACH mandate for any reason
whatsoever.
e. Cross Default
Any default by the Borrower, under any other agreement or other writing between the Borrower and Lenders, or
writing of indebtedness of the Borrower, or in the performance of any covenant, term or undertaking thereunder, or
any indebtedness of the Borrower not being paid when due or any creditor of the Borrower becoming entitled to
declare any indebtedness due and payable prior to the date on which it would otherwise have become due or any
guarantee or indemnity or collateral given or other support agreement entered into by the Borrower not being
honored when due and called upon.
f. Inability to pay debts
The Borrower is unable generally to pay his/her/its debts as they fall due and/or commences negotiations with
any one or more of his/her/its creditors with a view to the general readjustment or rescheduling, in the light of
financial difficulties or in contemplation of any default, Event of Default or potential Event of Default under any
agreement relating to the same (howsoever described), of any indebtedness, and/or makes a general assignment
for the benefit of or a composition with its creditors and/or admits or is ordered to pay any liability and such
liability is not paid when due (provided that for the avoidance of doubt any reference in this sub-clause to any
indebtedness shall not include any indebtedness which is being bona fide disputed and in respect of which no
court order has been made against the Borrower to pay such indebtedness).
g. Non-payment of decretal amount
The Borrower fails to pay any amount under any Court order or decree or judgment against the Borrower.
h. Levy of Execution or Distress
Any execution or distress is levied against or an encumbrancer or other officer takes possession of the whole or
any part of the property, undertaking or assets of the Borrower or any encumbrance over the whole or any part of
the property, undertaking or assets of the Borrower becomes enforceable.
i. Insolvency
The Borrower takes any action or any legal action or proceedings are started or other steps taken for the Borrower
to be adjudicated or found insolvent or bankrupt.
j. Compulsory Acquisition
All or substantially all of the undertaking, assets or properties of the Borrower or its interests therein are seized,
nationalized, expropriated or compulsorily acquired by the authority of government.
k. Repudiation
The Borrower repudiates this Agreement or do or cause to be done any act or thing evidencing an intention to
repudiate this Agreement.
l. Material Adverse Effect
i. There occurs any event or situation, such as and including but not limited to such events or situations
having or likely to have any material adverse effect, as determined by Lenders, which in the opinion of
Lenders is prejudicial to the interests of Lenders or in the opinion of Lenders is likely to affect the financial
condition of the Borrower and/or its ability to perform all or any of its obligations under this Agreement
and/or otherwise in respect of any portion of the Facility and to comply with any of the terms of this
Agreement and/or for the Loan Amount; or
ii. The Borrower is or becomes a party to any litigation, arbitration, administrative or other action, investigation
axio is the trade name of C apFloat Financial Services P rivate Limited 12 of 26
No.136, Shyamala Towers, 6th Floor, East Wing,Arcot Road, Saligramam, C hennai-600093, Tamilnadu
Registered office at, New No. 3 (Old No. 211) Gokaldas P latinum, Upper P alace Orchards, Bellary Road, Sadashivnagar, Bangalore Karnataka - 560080
To be stamped appropriately as per stamp duty act applicable on the execution date of this agreement and party/parties paying the stamp duty should mention the
acknowledgement details in Schedule I of this agreement.
Stamp Ref No: IN-TN34474409292431W
by any governmental entity, claim, suit or proceedings which would have a material adverse effect on the
terms of this Agreement.
m. Further Events of Default
i. The Borrower misusing the Loan Amount or any part thereof, or using the Loan Amount or any part thereof
for any purpose other than for which the Loan Amount has been sanctioned by Lenders.
ii. If there are any changes in the proposal or End Use for which a Facility is sanctioned.
iii. If any fact concerning the Borrower's profit or ability to repay or any other relevant aspect of its loan
application is withheld, suppressed or cancelled or not made known to Lenders.
iv. If any fact concerning the Borrower's profit or ability to repay or any other relevant aspect of its loan
application is withheld, suppressed or cancelled or not made known to Lenders.
v. Whenever there is a determination of the likelihood of the due money not being paid by Lenders.
vi. Occurrence of any material adverse event.
2. Acceleration
On and at any time after the occurrence of an Event of Default which is continuing, Lenders may:
a. Recall the Loan Amount along with interest, Penal Charges, charges, penalties and overdue charges etc., whereupon
the same shall immediately become repayable and consequently cancel any further Facility to the Borrowers;
b. Declare that the Loan, together with accrued Interest, Penal Charges and all other amounts accrued or outstanding
under this Agreement be immediately due and payable, whereupon they shall become immediately due and payable;
c. Debit the relevant Designated Account (s) for repayment of all relevant Outstanding Amounts;
d. Encash the Undated Cheque or the Post Dated Cheques /NACH/e-NACH / DDM / SI (as applicable) in order to recover
any or all of the Outstanding Amounts;
e. Stipulate any additional conditions, including inter alia, revision in Interest Rate, stipulation of additional security,
collaterals or infusion of additional equity / funds; and
f. Exercise such other rights as may be available to Lenders under all Applicable Law.
g. The Lenders may, by notice to the Borrower, suspend the right of the Borrower to disbursements or cancel the
undisbursed portion of the Loan in whole or in part, without any prior notice or intimation.
3. Restriction on Re-drawal
No Loan Amount recalled under this Agreement shall be subsequently reinstated and the Borrower shall not be allowed
to re-draw the recalled Loan Amount.
12. CONSEQUENCES OF DEFAULT
If one or more of the events specified in Clause 6 (Events of Default) occur(s), then the Lender 2 at its discretion, shall be
entitled to:
i. place the Loan on demand or declare all amounts payable by the Borrower in respect of the Loan to be due and
payable immediately, including default interest and other charges including penal charges due to bouncing of the
Repayment Instrument(s), from the Borrower as mentioned in Annexure.
ii. take any other remedy which may be available under law during the pendency of the Loan including without limitation
the remedy under section 138 of the Negotiable Instruments Act, 1881 and under section 25(1) of Payment of
Settlement System Act, 2007.
iii. make disclosure of details pertaining to the Borrower to RBI or any other credit information companies.
iv. charge default interest on the entire outstanding amounts under the Loan as specified under the Sanction Letter.
v. suspend further access to/ drawls by the Borrower of the Loan.
vi. Appoint a collection agent to recover all outstanding due amounts from the Borrower.
vii. exercise and enforce all rights and remedies available to the Lenders under this Agreement.
13. RELIANCE
1. Lenders may:
a. Rely on any notice or document believed by it to be genuine and correct and to have been signed by, or with the
Registered office at, New No. 3 (Old No. 211) Gokaldas P latinum, Upper P alace Orchards, Bellary Road, Sadashivnagar, Bangalore Karnataka - 560080
To be stamped appropriately as per stamp duty act applicable on the execution date of this agreement and party/parties paying the stamp duty should mention the
acknowledgement details in Schedule I of this agreement.
Stamp Ref No: IN-TN34474409292431W
Registered office at, New No. 3 (Old No. 211) Gokaldas P latinum, Upper P alace Orchards, Bellary Road, Sadashivnagar, Bangalore Karnataka - 560080
To be stamped appropriately as per stamp duty act applicable on the execution date of this agreement and party/parties paying the stamp duty should mention the
acknowledgement details in Schedule I of this agreement.
Stamp Ref No: IN-TN34474409292431W
terms and conditions of this Agreement and all information relating to the Facility shall be kept confidential ("Confidential
Information") and they shall not disclose any information relating to this Agreement to any third party, without the prior
written consent of Lenders. Confidential Information does not include information which (i) is known to him/her/it at the
time of disclosure as evidenced by their written records; or (ii) has become publicly known and made generally available
through no wrongful act of theirs; or (iii) they lawfully receive from a third party without restriction on disclosure, provided
such disclosure is without breach of a non-disclosure obligation; or (iv) has been independently developed by him/her/it
without access to Lenders's Confidential Information.
18. NOTICES
1. Communications in writing
Any communication to be made under or in connection with this Agreement shall be made in writing and, unless
otherwise stated, may be made by electronic mail or letter sent through Registered Post Acknowledgment Due
(RPAD)to the address and e-mail (and the department or officer, if any, for whose attention the communication is to be
made) of each Party for any communication or document to be made or delivered under or in connection with this
Agreement is set out in Schedule I (Details of the Parties) any substitute address, email or department or officer as the
Party may notify to Lenders (or Lenders may notify to the other Parties, if a change is made by Lenders) by not less
than 5 (five) Business Days' notice.
19. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the Republic of India.
20. DISPUTE RESOLUTION
1. Dispute resolution process
Any dispute or non-contractual obligation arising out of or in connection with any of them ("Disputes") between the
Parties arising out of or in connection with this Agreement or its performance (including the validity of this Agreement)
shall be settled in accordance with this Clause 18 (Dispute Resolution).
2. Notice for initiation of arbitration
If the Parties have failed to reach an amicable settlement within 15 (fifteen) Business Days, such Dispute shall, at the
written request of any of the parties (the "Arbitration Notice"), be settled by binding arbitration.
3. Rules, Seat and Language
Such arbitration shall be carried out under and in terms of the Indian Arbitration and Conciliation Act, 1996 and any
statutory amendments thereof. The seat of the arbitration shall be Bangalore. All proceedings of such arbitration shall
be in the English language and the arbitrators shall be fluent in the English language. The law governing the agreement
to arbitrate contained in this Clause 18 (Dispute Resolution) shall be the laws of the Republic of India.
4. Sole Arbitrator
The arbitrator shall be appointed by Lenders.
5. Arbitration Award
a. The arbitration award rendered shall be final and binding on the Parties.
b. The arbitrator shall use his best efforts to produce a final and binding award or awards within 3 (three) Months of
his appointment. The Parties shall use their best efforts to assist the arbitrator to achieve this objective, and the
parties agree that this 3 (three) Month period shall only be extended in exceptional circumstances, which shall be
determined by the arbitrator in his absolute discretion.
21. ELECTRONIC FORM
1. Communication in Electronic Form
a. Each Party acknowledges and agrees that any request, notice, correspondence or any other writing whatsoever
("Writing") required or contemplated under this Agreement may be executed and any delivery, offer, acceptance or
any other action whatsoever ("Action") in respect of this Agreement may be undertaken in electronic form by way
of a click wrap or any other electronic means of executing or authenticating transactions ("Electronic Form") as
may be enabled by Lenders. For avoidance of doubt, it is clarified that communications in Electronic Form
include any Writing or Action undertaken on any technology platform, mobile application or website provided by
Lenders.
Registered office at, New No. 3 (Old No. 211) Gokaldas P latinum, Upper P alace Orchards, Bellary Road, Sadashivnagar, Bangalore Karnataka - 560080
To be stamped appropriately as per stamp duty act applicable on the execution date of this agreement and party/parties paying the stamp duty should mention the
acknowledgement details in Schedule I of this agreement.
Stamp Ref No: IN-TN34474409292431W
b. Each Party agrees that the use of a key pad, mouse or other device to select an item, button, icon or similar
act/action, or to otherwise provide instructions on a mobile application or a website or in accessing or making
any transaction regarding this Agreement constitutes a signature, acceptance and agreement as if actually
signed in writing.
c. Each Party confirms that any Writing or Action made or undertaken by the Parties in Electronic Form shall be
valid, binding and legally enforceable against such Party and it shall not raise any objection or claim or disclaim
any liability under or in relation to the validity or enforceability of a Writing or Action solely on account of it being
in Electronic Form.
2. Adequacy of Data Protection
Each Party acknowledges the adequacy of the data protection measures adopted by Lenders and agrees that it shall
not raise any objection or claim or disclaim any liability under or in relation to the process, method, storage, or means
of authentication of a Writing or an Action.
22. SEVERABILITY
If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction to be invalid,
void or unenforceable, the remainder of the terms, provisions, covenants and restrictions of this Agreement shall remain
in full force and effect and shall in no way be affected, impaired or invalidated.
23. ENTIRE AGREEMENT
The Parties hereto confirm and acknowledge that this Agreement shall constitute the entire agreement between them and
shall supersede and override all previous communications, either oral or written, between the Parties with respect to the
subject matter of this Agreement, and no agreement or understanding varying or extending the same shall be binding
upon any Party hereto unless arising out of the specific provisions of this Agreement.
24. MODIFICATION
No amendment, modification or addition to this Agreement shall be binding on all the Parties hereto unless set forth in
writing and executed by them through their duly authorized representatives.
25. COUNTERPARTS
This Agreement may be executed in multiple counterparts one each to be retained by the respective Parties. Each
counterpart shall be treated as an original and shall be capable of being enforced without reliance on the other
counterparts as an original document.
26. NOVATION AND ASSIGNMENT
Subject to Applicable Law, each of the Lenders may, without the consent of or notice to the Borrower transfer, novate,
securitise, assign all or any of its rights and benefits hereunder or transfer or novate all or part of its rights, benefits and
obligations under this Agreement to any person. Without prejudice to the aforesaid provision, any Lender may, without
notice to the Borrower, share the credit risk of the whole or a part of its individual / whole commitment specified in
Schedule I (Details of the Parties) of the principal agreement with any person by way of participation, or otherwise.
27. MISCELLANEOUS
1. Force Majeure: The Lender shall not be held liable for any delay of or failure to comply with any of the terms of this
Agreement, nor shall any such delay or failure be deemed a default when such delay or failure has been caused
primarily by any circumstances beyond the reasonable control and without the fault of the Lender, including but not
limited to technology failure of the LSP, downtime of the LSP, maintenance time of the platform of BharatPe fire, war,
insurrection, government restrictions, act of terrorism, computer system failure or act of God or such other event which
is beyond the control of the Lender ("Force Majeure Event").
2. Lien & Set Off: Without prejudice to and in addition to any other right or remedy which the Lender may have under the
Loan Documents or under the law of contract or any other applicable law, the Lender shall have the lien over any
asset/security and/or any or all amounts received by it under other agreements with the Borrower. The Lender shall be
entitled to exercise its lien over the assets/security and/or any or all amount received by it's under other agreement as
mentioned above to set off and recover any or all amounts payable by the Borrower under the Loan Documents. The
Borrower hereby expressly acknowledges and affirms the Lender's lien and right of set off as specified in this clause.
3. The Borrower expressly agrees and acknowledges to have read and understood the terms applicable for availing the
Loan and be bound by such terms and conditions (as amended by the Lender from time to time) at all times during the
tenure of the Loan.
Registered office at, New No. 3 (Old No. 211) Gokaldas P latinum, Upper P alace Orchards, Bellary Road, Sadashivnagar, Bangalore Karnataka - 560080
To be stamped appropriately as per stamp duty act applicable on the execution date of this agreement and party/parties paying the stamp duty should mention the
acknowledgement details in Schedule I of this agreement.
Stamp Ref No: IN-TN34474409292431W
4. Notwithstanding any provision of this Agreement, Lender will not be liable for loss (whether direct, consequential or
loss of profit, data or interest) or damage suffered by any Party arising out of:
a. Any delay or failure by the Lender in performing any of its duties under this Agreement or other obligations
caused in whole or in part by any steps which the Lender, in its sole and absolute discretion, considers
appropriate to take in accordance with all such applicable laws and regulations; or
b. The exercise of any of the Lender's rights under this Agreement.
5. Any delay or failure by the Lender in performing any of its duties under this Contract or other obligations caused in
whole or in part by any steps which the Lender, in its sole and absolute discretion, considers appropriate to take in
accordance with all such applicable laws and regulations;
6. Notwithstanding any suspension or termination of this Agreement, all the provisions of this Agreement for the benefit
or protection of the Lender and its interests shall continue to be in full force and effect as specifically provided in this
Agreement.
28. DEFINITION AND INTERPRETATION
1. Definitions
In this Agreement, the capitalised terms listed below shall have the following meanings:
"Acceptance" shall mean the acceptance of these Terms and Conditions by You. The terms "Accept" and
"Accepted" shall be construed accordingly.
"Advance Installment" shall have the meaning given to it under Clause 9.1 (b) (ii)
"Agency" shall have the meaning ascribed to the term in Clause 9.1 (l) (iv).
"Applicable Law" shall mean any local, state or union statute, law, regulation, ordinance, rule, judgment, order, decree,
clearance, approval, directive, guideline, policy, requirement, or other governmental restriction or any similar form of
decision, or determination by, or any interpretation or administration of any of the foregoing by, any Government
Authority whether in effect as of the date of this Agreement or thereafter and, in each case, applicable in India.
"Arbitration Notice" shall have the meaning given to that term in Clause 23.2 (Notice for Initiation of Arbitration).
"Authorisation" shall mean an authorisation, consent, clearance, approval, permission, resolution, licence, exemption,
filing and registration, from a governmental authority or a third party, as the case may be.
"Availability Period" shall have the meaning set out in Schedule II (Terms of the Facility).
"Borrower" shall have the meaning given to the term in Schedule I (Details of the Parties).
"Business Day" shall mean a day, which is not a public holiday under Section 25 of the Negotiable Instruments Act,
1881, or a Sunday or when the clearing facility offered by the Reserve Bank of India is unavailable, at any place in India.
"Confidential Information" shall have the meaning given to that term in Clause 19 (Confidentiality).
"Costs" shall mean, the costs which includes Fees of any consultants, including any legal fees, Cheque / NACH
dishonor charges, Any costs incurred during enforcement.
"Credit Application" shall mean, as the context may permit or require, the application made by the Borrower to Lenders
for the Loan, and all acceptances, information, particulars and clarifications furnished by the Borrower to Lenders, from
time to time, in respect of the Loan.
"DDM/ e-DDM" shall mean Direct Debit Mandate / Electronic Direct Debit Mandate
"Default Interest" shall mean the rate of default interest specified in the Schedule payable in the manner set out in the
Schedule.
"Designated Account" shall have the meaning given to the term in Annexure - I.
"Disbursement Date" shall have the meaning given to the term in Clause 2.2(b) (Mechanics of Funding Drawdown).
"Disputes" shall have the meaning given to the term in Clause 23.1 (Dispute Resolution Process).
"Drawdown Notice" shall have the meaning given to the term in Clause 2.2(a) (Mechanics of Funding Drawdown).
"Due Date" shall mean in respect of:
a. Penal Charges, the date specified by Lenders;
Registered office at, New No. 3 (Old No. 211) Gokaldas P latinum, Upper P alace Orchards, Bellary Road, Sadashivnagar, Bangalore Karnataka - 560080
To be stamped appropriately as per stamp duty act applicable on the execution date of this agreement and party/parties paying the stamp duty should mention the
acknowledgement details in Schedule I of this agreement.
Stamp Ref No: IN-TN34474409292431W
Registered office at, New No. 3 (Old No. 211) Gokaldas P latinum, Upper P alace Orchards, Bellary Road, Sadashivnagar, Bangalore Karnataka - 560080
To be stamped appropriately as per stamp duty act applicable on the execution date of this agreement and party/parties paying the stamp duty should mention the
acknowledgement details in Schedule I of this agreement.
Stamp Ref No: IN-TN34474409292431W
"Schedule" shall mean the schedule annexed to these Terms and Conditions stipulating the terms of the Loan.
"SI" shall mean Standing Instructions provided to the Borrower's Bank by the Borrower.
"Tax" shall mean any direct or indirect tax, levy, impost, duty or other charge or withholding of a similar nature
(including any penalty or interest payable in connection with any failure to pay or any delay in paying any of the same).
"Undated Cheques" shall have the meaning given to the term in Schedule II (Terms of the Facility).
"Validity Period" shall mean the period for which the sanction of the Loan shall be valid within which the amount of the
Loan can be utilized by the Borrower, which shall be 3 (three) months from the date of Acceptance.
"Website" shall mean Schedule II (Terms of the Facility).
2. Interpretation
1. Unless a contrary indication appears, in this Agreement:
a. A reference to these Terms and Conditions shall include a reference to the Schedule;
b. A reference to a "party" shall be construed so as to include its respective successors and permitted assigns;
c. A reference to any agreement / document / undertaking / deed / indenture / writing or instrument is a reference
to that agreement or instrument as amended, supplemented or assigned from time to time;
d. Unless otherwise specified, any reference to a Section, sub-Section or the Schedule shall denote a reference to
such Section, sub-Section or the Schedule as specified, of these Terms and Conditions;
e. The index to and the headings in these Terms and Conditions are inserted for convenience of reference only
and are to be ignored in construing and interpreting these Terms and Conditions;
f. The term 'in writing' shall be interpreted to included any communication made by the Borrower in Electronic
Form;
g. All capitalised terms used but not specifically defined herein shall have the respective meanings ascribed to
them under the Schedule; and
h. All capitalised terms used but not specifically defined in the Schedule shall have the respective meanings
ascribed to them in these Terms and Conditions;
i. A reference to a "person" includes any person, firm, company, corporation, government, state or agency of a
state or any association, trust or partnership (whether or not having separate legal personality) or two or more
of the foregoing;
j. A reference to a provision of law is a reference to that provision as amended or re-enacted;
k. Time is of the essence in the performance of the Parties' respective obligations. If any time period specified
herein is extended, such extended time shall also be of the essence;
l. A reference to the singular includes the plural and vice versa;
m. In the event of any disagreement or dispute between the Borrower and Lenders regarding the materiality or
reasonableness of any matter including of any event, occurrence, circumstance, change, fact, information,
document, authorisation, proceeding, act, omission, claims, breach, default or otherwise, the opinion of Lenders
as to the materiality or reasonableness of any of the foregoing shall be final and binding on the Borrower; and
n. For determining the expiry of Business Days in connection with any notice requirements under this Agreement,
the following method shall be adopted:
A. If the notice is delivered after 9:00 am on any Business Day, one Business Day shall be deemed to expire
at 6:00 pm on the immediately succeeding Business Day; and
B. If the notice is delivered before 9:00 am on any day, one Business Day shall be deemed to expire at:
i. 6:00 pm on the same day if such day on which the notice is delivered is a Business Day, or
ii. 6:00 pm on the immediately succeeding Business Day if such day on which the notice is delivered is
not a Business Day.
2. Section and Schedule headings are for ease of reference only.
3. Where a Party is required by any provision of this Agreement to give notice or take any action within a period
specified by a number of days, such period shall be calculated not counting the first day of such period but counting
the last day, and such last day shall end at 12.00 midnight India time.
Registered office at, New No. 3 (Old No. 211) Gokaldas P latinum, Upper P alace Orchards, Bellary Road, Sadashivnagar, Bangalore Karnataka - 560080
To be stamped appropriately as per stamp duty act applicable on the execution date of this agreement and party/parties paying the stamp duty should mention the
acknowledgement details in Schedule I of this agreement.
Stamp Ref No: IN-TN34474409292431W
Customer Service
For any queries/grievances please contact us at : [email protected] or call us at 080 6807 5001.
Grievance Redressal Policy
Capfloat Financial Service Private Limited:
To refer our policy on Grievance Redressal Mechanism, please click https://axio.co.in/Axio-
Grievance%20Redressal%20Policy-V.2.2.pdf
Aditya Birla Finance Limited:
To refer our Grievance Redressal Mechanism process, please click
https://personalfinance.adityabirlacapital.com/_layouts/15/ABC.FINPLF/GrievenceNew.aspx.
Interest Rate Module Policy
Capfloat Financial Service Private Limited:
To refer our policy on Interest Rate Model, please click https://axio.co.in/Interest%20Rate%20Model%20policy.pdf
Registered office at, New No. 3 (Old No. 211) Gokaldas P latinum, Upper P alace Orchards, Bellary Road, Sadashivnagar, Bangalore Karnataka - 560080
To be stamped appropriately as per stamp duty act applicable on the execution date of this agreement and party/parties paying the stamp duty should mention the
acknowledgement details in Schedule I of this agreement.
Stamp Ref No: IN-TN34474409292431W
Drawdown Notice
To,
CapFloat Financial Services Private Limited
(Operating under the brand name axio),
No .136, Shyama la Towers, 6th Floor, East Wing,
Arcot Road, Saligramam, Chennai - 600093, Tamilnadu;
and registered office at, New No. 3 (Old No. 211) Gokaldas Platinum,
Upper Palace Orchards, Bellary Road, Sadashivnagar,
Bangalore Karnataka - 560080 India
Aditya Birla Finance Limited
One Indiabulls Centre,
Tower 1, 18th Floor,
Jupiter Mill Compound
841, Senapati Bapat Marg,
Elphinstone Road
Mumbai 400 013
Subject: Request for drawdown of the Loan as part of the Facility sanctioned vide the Personal Loan agreement dated 21-08-
2024
Pursuant to Clause 2.2(a) of the Loan Agreement, for the Facility opted as per schedule II, Serial No.1, we hereby give a notice
to Lenders to transfer ("Disburse") ₹60000.0 (Rupees. Sixty Thousand) ("Loan") out of the available sanction limit and deduct
fees, interest, charges as applicable and agreed in Schedule II of the Loan Agreement and remit the balance to the below
mentioned Account .
We hereby confirm:
I. That we have and will continue to perform our obligations as per the terms and conditions of the Loan Agreement; and
II. That the representations and warranties contained in the Loan Agreement are true and correct as on the date hereof as
if the same were made with respect to the facts existing in such date; and
III. That no Event of Default has occurred or is continuing; and
IV. That no event has occurred which would have a material adverse effect.
V. All terms and conditions contained under the Master Loan Agreement shall continue to be applicable to the Loan
disbursed vide this letter or Mobile application
VI. The capitalized but not defined herein shall have the same meaning as ascribed to such terms in the Master Loan
Agreement.
Important Links:
For details on axio's Grievance Redressal Mechanism please read through the policy: https://axio.co.in/Axio-
Grievance%20Redressal%20Policy-V.2.2.pdf
To know more about the Interest Rate Policy, please use the link: https://axio.co.in/Interest%20Rate%20Model%20policy.pdf
Link to our Schedule of charges: https://axio.co.in/soc
Registered office at, New No. 3 (Old No. 211) Gokaldas P latinum, Upper P alace Orchards, Bellary Road, Sadashivnagar, Bangalore Karnataka - 560080
To be stamped appropriately as per stamp duty act applicable on the execution date of this agreement and party/parties paying the stamp duty should mention the
acknowledgement details in Schedule I of this agreement.
Stamp Ref No: IN-TN34474409292431W
Registered office at, New No. 3 (Old No. 211) Gokaldas P latinum, Upper P alace Orchards, Bellary Road, Sadashivnagar, Bangalore Karnataka - 560080
To be stamped appropriately as per stamp duty act applicable on the execution date of this agreement and party/parties paying the stamp duty should mention the
acknowledgement details in Schedule I of this agreement.
Stamp Ref No: IN-TN34474409292431W
SCHEDULE I
DETAILS OF THE PARTIES
Registration
Serial Type of Residing at /Registered Office /
Lenders if non Commitment PAN/CIN
No. Person Principal Place of Business
individual
CapFloat No.136, Shyamala Towers, 6th
Financial Floor, East Wing, Arcot Road,
Services Saligramam, Chennai - 600093,
Registered
Private Private Tamilnadu; and registered office 20.0% of the
under the
1 Limited Limited at, New No. 3 (Old No. 211) Facility AAACZ0903G
Companies
(operating Company Gokaldas Platinum,Upper Amount
Act, 1956
under the Palace Orchards, Bellary Road,
brand name Sadashivnagar, Bangalore
"axio") Karnataka - 560080 India
One Indiabulls Centre, Tower 1,
Registered
Aditya Birla Public 18th Floor, Jupiter Mill 80.0% of the
under the CIN:
2 Finance Limited Compound 841, Senapati Bapat Facility
Companies U65990GJ1991PLC064603
Limited Company Marg, Elphinstone Road, Amount
Act, 2013
Mumbai 400 013
AND
Date of
Serial Type of Permanent Current
Applicant Name Birth / Personal Details
No. Person Address Address
Gender
Aadhar
XXXXXXXX8971
1662, 4th Main 1662, 4th Main Number
5th Cross, 5th Cross, PAN
Mahesh Judicial Judicial AMTPC0542J
1983-08- Number
1 Chickkachoodaiah Individual Layout, Layout,
16 / Male Email
Gunuganahalli Avalahalli, Avalahalli, [email protected]
560064, 560064, Address
Bengaluru Bengaluru Phone
9008440901
Number
Registered office at, New No. 3 (Old No. 211) Gokaldas P latinum, Upper P alace Orchards, Bellary Road, Sadashivnagar, Bangalore Karnataka - 560080
To be stamped appropriately as per stamp duty act applicable on the execution date of this agreement and party/parties paying the stamp duty should mention the
acknowledgement details in Schedule I of this agreement.
Stamp Ref No: IN-TN34474409292431W
SCHEDULE II
TERMS OF THE FACILITY
Serial
Description Term
No.
Facility Personal loan facility
1. Facility
₹60000.0/- (Rupees Sixty Thousand only )
Amount
Purpose of
1A. Personal Use
Loan / End Use
1B. Pre EMI As per disbursal date
2. Interest 22.8% per annum, Interest calculation method will be Reducing
Repayment
2A. installment As per repayment schedule shared at the time of disbursal.
Payment Date
Processing
3. 2.7% + GST @18%
Fees
Final
4. Repayment As per the repayment schedule sent after disbursal of funds
Date
2% p.m. is charged on the outstanding principal of the delinquent payments. E.g. if the outstanding
5. Penal Charges principal of the delinquent payment is ₹1500, then ₹1 is charged per day of delayed payment (2% *
1500/30)
Undated
6. NA
Cheques
Pre-closure Pre-closure charges of 4.0% + GST @ 18% of outstanding principal apply up to 12th EMI from the
7.
Charges loan start date. Zero pre-closure charges after that.
Part prepayment is allowed after a lock-in of the 12th EMI from the loan start date. Post the lock-in
Partial
8. period, a customer can make part prepayment up to a maximum of 20% of the Principal
Prepayment
outstanding. Part prepayment is only allowed once every 6 months post the lock-in period.
Bounce
9. A bounce penalty of ₹800 will be charged per EMI cycle in case of bounce of auto-debit of EMIs.
charges
Documentation
10. ₹354.0 (Rupees Three Hundred And Fifty-Four only)
Charges
Registered office at, New No. 3 (Old No. 211) Gokaldas P latinum, Upper P alace Orchards, Bellary Road, Sadashivnagar, Bangalore Karnataka - 560080
To be stamped appropriately as per stamp duty act applicable on the execution date of this agreement and party/parties paying the stamp duty should mention the
acknowledgement details in Schedule I of this agreement.
Stamp Ref No: IN-TN34474409292431W
Loans other than revolving facilities Loans in the nature of revolving facilities like cash credit/overdraft
Basis for classification - Principal or Basis for classification - Outstanding balance remains
SMA Sub- SMA Sub-
interest payment or any other amount continuously in excess of the sanctioned limit or drawing
categories categories
wholly or partly overdue power, whichever is lower, for a period of:
SMA-0 Upto 30 days
SMA-1 More than 30 days and upto 60 days SMA-1 More than 30 days and upto 60 days
SMA-2 More than 60 days and upto 90 days SMA-2 More than 60 days and upto 90 days
NPA More than 90 days end of day NPA More than 90 days end of day
Accordingly, the date of SMA/NPA shall reflect the asset classification status of an account at the day-end of that calendar
date. An illustration of such classification is given below:
Further, upgradation of accounts classified as NPAs Customer classified as NPAs may be upgraded as 'standard' only if
entire arrears of interest and principal are paid by the customer. With regard to upgradation of accounts classified as NPA
due to restructuring, non-achievement of date of commencement of commercial operations (DCCO), etc., the instructions as
specified for such cases shall continue to be applicable.
For example. if a customer is classified as NPA on August 03, 2022 with an overdue of Rs. 10,000, the customer will be
upgraded to standard only after receipt of full overdue amount.
Registered office at, New No. 3 (Old No. 211) Gokaldas P latinum, Upper P alace Orchards, Bellary Road, Sadashivnagar, Bangalore Karnataka - 560080
To be stamped appropriately as per stamp duty act applicable on the execution date of this agreement and party/parties paying the stamp duty should mention the
acknowledgement details in Schedule I of this agreement.
Stamp Ref No: IN-TN34474409292431W
SCHEDULE III
REPAYMENT SCHEDULE
PART A - Repayment Mode
Through National Automated Clearing House (NACH) debit/direct debit/Standing Instruction of ₹3967.02 each.
Sashank Rishyasringa
Executive Director
Registered office at, New No. 3 (Old No. 211) Gokaldas P latinum, Upper P alace Orchards, Bellary Road, Sadashivnagar, Bangalore Karnataka - 560080
To be stamped appropriately as per stamp duty act applicable on the execution date of this agreement and party/parties paying the stamp duty should mention the
acknowledgement details in Schedule I of this agreement.