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assignment based on mortgage deed
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planning scheme no. V of Vile Parle (E), C.T.S. NO.1891, Village- Vile Parle (E), Taluka- Andheri, Suburban District Mumbai and known as Shanti Vijay Co-operative Hsg. Society Ltd. for redevelopment of the said both project. The first party has introduced that he is the managing partner of the partnership firm i.e. M/s Swagat Housing Finance Limited and he has also inform that there are two other partners i.e. MR. GHANSHYAM P. PARMAR and MR. JAGDISH G. KAWA and along with him but they are unable to provide the finance in respect of the said both property and unable to redevelop the said property. The first party along with their partner have fix up the meeting between themselves and therefore the first party and his two partner MR. GHANSHYAM P. PARMAR and MR. JAGDISH G. KAWA have agree to transfer all their right title and interest in respect of the said property and allow the first party to complete the redevelopment of the said property. Therefore all the partner have executed partnership dated 03.07.2019 and thereby first party along with his two partner MR. GHANSHYAM P. PARMAR and MR. JAGDISH G. KAWA have agree that the second party shall be entitled of 70% share in respect of the said property and 30% shall be remain with the first party on the terms and condition more particularly stated therein:- Therefore the second party has invested of Rs.68,00,000/- in respect of the both property in the knowledge and consent of the first party along with his two partner MR. GHANSHYAM P. PARMAR and MR. JAGDISH G. KAWA and the first party have also acknowledge the same. The second party has also paid rent to the members, Property taxes, Water bill etc. The certain dispute has been arise between the first party and his two partner MR. GHANSHYAM P. PARMAR and MR. JAGDISH G. KAWA and therefore they have decided to appoint any other builder / developer for redevelopment of the said property adms 967.6 sq. meter ground + 3 upper floor lying situated at Original Plot No. 392, Final Plot No.477 of town planning scheme no. V of Vile Parle (E), C.T.S. No.1891, Village- Vile Parle (E), Taluka- Andheri, Suburban District Mumbai and known as Shanti Vijay Co-operative Hsg. Society Ltd. The first party hereby decided and executed affidavit Cum Indemnity bond and Released Deed and thereby confirm that to pay of Rs,1,50,000,00/- by cash / cheque against the said investment by the second party in respect of the said property. The first party hereby mortgage his own flat and thereby admitted / undertake that the first party shall be repay the said amount of Rs.1,50,000,00/- to the
second party within 6 months from the date of execution of this Mortgage Deed and therefore the first party hereby receive and acknowledged the said amount. The first party hereby submit that if first party shall fail to repay the said loan amount within stipulated period mention hereinabove. The first party shall be pay of Rs.1,50,000/- per month till the refund of the said amount to the second party and / or any person through them without fail. The first party hereby further submit that the first party shall not be create any third party right and / or execute any mortgage deed and / or document in favour of the any third party till the refund of the said amount. AND WHEREAS the both parties hereby agree for the same and therefore executed the relevant documents and mortgage deed on the following terms and conditions mentioned herein- NOW THIS DEED WITHNESSETH AS FOLLOWS :
recover the entire loan amount along monthly royalty and further expenses / loss and damage which may be cause to the second party, which is liable to pay by first party herein.
Within named “Mortgagor “ ) MR. HASMUKH F. THORIA ) In the presence of………. ) SIGNED AND DELIVERED by the ) Within named “Mortgagee” ) MR. MUKESH N. SAVLA ) MR. HEMANT SHANTILAL SHAH ) MR. NEMICHAND LAXMICHAND DEDHIA ) In the presence of………. ) R E C E I P T I say received of Rs.1,50,000,00/- (Rupees One Crore Fifty Lakhs Only by cash / cheque in respect of the Flat No.23, Kamla Bhavan No.1, Sahara Road, Andheri (E), Mumbai-400 069, more particularly mention hereinabove. I say Received of Rs.1,50,000,00/- (Mr. Hashmukh F. Thoria) Mortgagor / First party Witness
PROMISSORY NOTE On demand I, MR. HASHMUKH F. THORIA aged 60 years Indian Inhabitant residing at Flat No.23, Kamla Bhavan No.1, Sahara Road, Andheri (E), Mumbai-400 069 for himself and on behalf of two partner MR. GHANSHYAM P. PARMAR and MR. JAGDISH G. KAWA do hereby jointly and severally promise to repay of Rs.1,50,000,00/- (Rupees One Crore fifty lakhs Only) by cash / cheque to MR. MUKESH N. SAVLA, MR. HEMANT