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Legal Format & Draft

Resolution for Creation of Mortgage for Loans

Reference draft used in Indian courts — replace the blanks with your own case details.

(i) RESOLVED that the consent of the company be and the same is hereby accorded to the
creation by the company of a first fixed charge to be constituted in accordance with law
in such form or forms as may be approved by ............in favour of ............over all the lands,
factories, buildings, structures, fixtures, fixed plant and fixed assets of the company as a security
(in addition to the security of a floating charge on the other property of the company) for
the loan of ............from............to the company and interest payable on the loan and other
money intended to be secured to rank pari passu in all respects with the existing mortgages on
the company's property and assets created in favour of the ............and............ for the
loans granted by them to the company, and with the charge proposed to be created in favour of
............for the second loan of Rs . ............proposed to be provided by it to the company.
(ii) RESOLVED FURTHER that the consent of the company be and the same is hereby accorded
to the creation by the company of a first legal mortgage in favour of the..............................on such
terms as the Board of Directors of the company may agree with............over all the lands,
factories, buildings, structures, fixtures, fixed plant and fixed assets of the company as security (in
addition to the security of a floating charge on the other property of the company) for the rupee
loan of Rs ............from the ...............to the company and interest payable on the loan and other
moneys intended to be secured to rank pari passu in all respects with the existing mortgages on
the company's property and assets created in favour of............and............for the foreign
exchange loans granted by it to the company and with the charge proposed to be
created in favour of Rs . for the second loan of ............proposed to be provided by it to
the company.

Using this format

This is a reference draft reproduced for study and adaptation. Court rules, court fees and the correct forum vary with the facts and the value of the claim, so have the document checked and filed by an advocate. A defective application can be returned or dismissed even when the case itself is good.

Our Property & Registration team drafts and files these documents before the Calcutta High Court, city civil courts, magistrate, family and consumer courts in Kolkata. We draft, stamp and register property documents in Kolkata.

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Disclaimer: this page is a sample format reproduced for reference and study. It is not legal advice and does not create an advocate–client relationship.

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