09-Oct-2020 |
Sh. Rahul
Sharma, Manager (Authorized Signatory) of the Company was present during online
hearing.
From the loan
documents of the project dated 21.12.2016 in respect of loan sanctioned by the
IndusInd Bank it was perused that in the Annexure-I the securities are
mentioned as under:
1. 1 First charge by way of mortgage
on land & building of the Projects.
2.
2 First charge by way of
hypothecation on all other fixed assets and current assets of the Projects.
3.
3 Escrow of Project receivables.
4.
4 DSRA for 6 months’ interest.
Similarly, under the head Escrow Account following provisions have
been made:
·
1 Separate Escrow accounts for
both projects shall be opened with IndusInd Bank prior to disbursement.
·
2 All cash flow relating to
Project shall be deposited in the aforesaid Escrow account.
· 3 An undertaking from BPTP to the
effect that if any cash flows pertaining to the project are received by them
directly, the same will be deposited in the escrow account immediately.
· 4 The company shall issue
irrevocable instructions to the owners/buyers of the sol apartments in the
Projects that the balance payment under their respective agreement/allotment
letter shall be deposited/paid in the designated Escrow Account only.
These conditions are contradictory to the banking directions issued
by the Haryana Real Estate Regulatory Authority, Gurugram vide No. 1/RERA GGM
Directions 2019 dated 10.05.2019 and also against the provisions of Real Estate
(Regulation and Development) Act, 2016. The promoter is advised to get
clarification from the Bank that first charge by way of mortgage shall be only on
the saleable part instead of whole land / building under the project.
As and when the particular plot is sold it will be sold encumbrance
free.
The
process for collecting receivables with the mechanism of Master Account,
Project RERA Account and Free Account shall be followed as per the directions
issued by the Authority vide No. 1/RERA GGM Directions 2019 dated 10.05.2019. The promoter’s attention is invited to the
above and particularly highlighted portion of the terms and conditions in
Annexure-I. On completion of above formalities the registration certificate be
issued by incorporating above conditions. The endorsement from bank regarding
the approvals be submitted within 15 days by the promoter after getting
registration. It should also be incorporated in the terms & conditions that
the promoter shall submit the renewal of license within three months. One copy
of BBA in each category (Floors, Plots and Villas) already executed in sold out
units be also submitted. |
APPROVED AND READY FOR CERTIFICATE ISSUING PROCESS |
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