Special POA
Special POA
Special POA
SEND GREETINGS
WHEREAS I am/we are desirous of executing in favour of ARKA FINCAP LIMITED, a company
incorporated under the Companies Act, 2013, with CIN U65993MH2018PLC308329 and registered under
Section 45-IA of the Reserve Bank of India Act, 1934 and having its registered office at One World Centre,
1202B, Tower 2B, Floor 12B Jupiter Mills Compound, Senapati Bapat Marg, Mumbai - 400013, Maharashtra
and acting through its branch office located at the place as mentioned in Schedule hereto (hereinafter
referred to as “Lender”, which expression shall, unless repugnant to the context, include its successors,
transferees, novatees and assigns) through any of its employees and/or representatives including without
limitation Mr./Ms. [insert name of authorized person], a power of attorney (“Power of Attorney”) for
authorizing the Lender through its employees and/or representatives including without limitation Mr./Ms.
[insert name of authorized person] to collect all documents pertaining to the property as mentioned in the
Schedule hereto and the Loan A/c No. [______________________________] with
[______________________________________________________________] for INR
______________________/- (Indian Rupees __________________________________________ Only)
and submit the aforesaid documents as instructed by me/us to the persons as specified by me/us, which
I/we hereby do in the manner hereinafter appearing.
NOW KNOW YE ALL AND THESE PRESENTS WITNESS that I/we appoint the Lender through any of its
employees and/or representatives including without limitation Mr./Ms. [insert name of authorized person], as
my/our true and lawful attorney for me/us in my/our name and on my/our behalf and at my/our cost and risk
to do, execute and perform all or any of the following acts, deeds, matters and things that is to say:
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_______________________________________ ] and for that purpose give effectual discharge and
issue a receipt against the same for that purpose and give effectual discharge in that relation.
AND GENERALLY to do, perform and execute all acts, deeds, matters and things relating to or connecting
or touching these presents as fully and effectually as if I/we were personally present and had done,
performed or executed the same myself/ourselves.
AND for the better doing, performing and executing of the matters and things aforesaid, the Borrower hereby
further grants unto the Lender the full power and authority to substitute and appoint in its place and stead on
such terms as it shall think fit one or more attorney(s) (the "Substituted Attorney(s)") to exercise for the
Borrower as its attorney any or all of powers and authorities hereby conferred in respect of the Property (as
the Lender may specify), to revoke any such appointments and to substitute or appoint any other or others in
place of such Substituted Attorney(s) as the Lender shall from time to time think fit.
AND THE BORROWER HEREBY ACKNOWLEDGES that no failure or delay on the part of the Lender in
exercising any right/power/privilege given hereunder shall operate as a waiver, nor shall the exercise of any
such right/ power/privilege preclude any other or further exercise of any other right/power/privilege.
AND THE BORROWER HEREBY indemnifies and agrees to indemnify and keep the Lender indemnified
and harmless, from and against all actions, suits, proceedings, claims, damages, expenses, costs, losses
and liabilities whatsoever that the Lender may have to incur or suffer in connection herewith and further
undertakes to ratify and confirm whatsoever the Lender shall lawfully do or cause to be done in or by virtue
of this Power of Attorney.
AND THE BORROWER HEREBY CONFIRMS that this Power of Attorney is coupled with interest and has
been given for consideration and shall be irrevocable unless such revocation is consented to by the Lender
in writing and is given as security by the Borrower for the performance of its obligations under the Finance
Documents. Any certificate by the Lender or any Substituted Attorney that this Power of Attorney has not
been revoked may be relied upon by any person as conclusive and shall be binding on the Borrower.
AND THE BORROWER DO HEREBY DECLARES that all and every agreement, receipt, document, deed,
matter and thing which shall be executed by the Lender or any of its officer or officers nominated as
aforesaid in that behalf made, executed or done for the aforesaid purpose by virtue of these presents shall
be as good, valid and effectual to all intents and purpose whatsoever as if the same had been made
executed or done by Borrower in [its/their/his/her] own name and person.
AND THE BORROWER DO HEREBY RATIFIES AND CONFIRMS AND AGREES TO RATIFY AND
CONFIRM all that the Lender or any of its employees or representatives nominated in that behalf shall do or
cause to be done in or concerning the premises by virtue of these presents.
AND THE BORROWER DO HEREBY DECLARES that any provision of this Power of Attorney which is
prohibited or unenforceable including without limitation due to any notification, guidelines, circular issued by
the Reserve Bank of India (“RBI”) from time to time, in any jurisdiction shall, as to such jurisdiction, be
ineffective only to the extent of such prohibition or un-enforceability but that shall not invalidate or affect the
remaining provisions of this Power of Attorney nor affect such provision in any other jurisdiction.
AND THE BORROWER DO HEREBY DECLARES that if any provision is unenforceable
against any person constituting the Borrower, it will, to the extent possible, remain
enforceable against all the other persons constituting the Borrower. The Borrower shall
take all steps, execute all documents and do everything reasonably required by the
Lender in order to give full legal effect to the intended commercial purpose of such
provision or part thereof as far as possible.
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This Power of Attorney shall be construed and governed in accordance with the laws of India. The Borrower
does hereby irrevocably submit itself to the non-exclusive jurisdiction of the courts/tribunals at the place as
mentioned in the Schedule hereto. The Lender may, however, in its absolute discretion commence any legal
action or proceedings arising out of this Power of Attorney in any other court, tribunal or other appropriate
forum and the Borrower hereby consents to that jurisdiction.
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SCHEDULE
Place of execution
_______________
Date of execution
_______________
Address:
(Residence)
_______________________________________
_______________________________________
_______________________________________
Facsimile: ________________________________________
_______________________________________
_______________________________________
_______________________________________
Address:
(Residence)
_______________________________________
_______________________________________
_______________________________________
Facsimile: ________________________________________
_______________________________________
_______________________________________
_______________________________________
Address:
(Residence)
_______________________________________
_______________________________________
_______________________________________
Facsimile: ________________________________________
_______________________________________
_______________________________________
_______________________________________
Address:
5
(Residence)
_______________________________________
_______________________________________
_______________________________________
Facsimile: ________________________________________
_______________________________________
_______________________________________
Address:
(Residence)
_______________________________________
_______________________________________
_______________________________________
Facsimile: ________________________________________
_______________________________________
_______________________________________
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Details of the Co-Borrower 5:
Name: ______________________________________________
Address:
(Residence)
_______________________________________
_______________________________________
_______________________________________
Facsimile: ________________________________________
_______________________________________
_______________________________________
Address:
(Residence)
_______________________________________
_______________________________________
_______________________________________
Facsimile: ________________________________________
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(Individual / Company / Limited Liability Partnership / Partnership Firm / Proprietorship
Concern)
_______________________________________
_______________________________________
Address:
(Residence)
_______________________________________
_______________________________________
_______________________________________
Facsimile: ________________________________________
_______________________________________
_______________________________________
Address:
(Residence)
_______________________________________
_______________________________________
_______________________________________
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Facsimile: ________________________________________
_______________________________________
_______________________________________
Address:
(Residence)
_______________________________________
_______________________________________
_______________________________________
Facsimile: ________________________________________
_______________________________________
_______________________________________
Address:
(Residence)
_______________________________________
_______________________________________
_______________________________________
Facsimile: ________________________________________
_______________________________________
_______________________________________
INR ________________________________________/-
Loan
(Indian Rupees
________________________________________
________________________________________
_________________________________________ only)
Description of Property
__________________________________________________________________________
_________________________________________________________________________
Place of Jurisdiction
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The Borrower has executed this Power of Attorney on the date and at the place as mentioned in the
Schedule above.
[Applicable to Company]
The Common Seal of the withinnamed
Borrower/Co-Borrower
_____________________________________
___has been affixed hereto pursuant to the
resolution of its Board of Directors dated
_____________, in the presence of
_____________________________________
__
OR
SIGNED, SEALED AND DELIVERED BY
withinnamed Borrower/Co-Borrower
____________________________________
___by the hand of
____________________________________
__ duly authorised pursuant to Resolution
passed by its Board of Directors dated
_____________
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[Applicable to Partnership Firm]
SIGNED AND DELIVERED by the
withinnamed Borrower/Co-Borrower
_____________________________________
___ by the hand of
_____________________________________
___ authorised vide Letter of Authority dated
__________________
[Applicable to HUF]
SIGNED AND DELIVERED the withinnamed
Borrower/Co-Borrower
_____________________________________
___ by the hand of
_____________________________________
___
[Applicable to Trust]
SIGNED AND DELIVERED by the
withinnamed Borrower/Co-Borrower
_____________________________________
___ by the hand of
_____________________________________
___ authorised vide Resolution of Trustees
dated __________________
BEFORE ME
NOTARY
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