..'..,,.

-
'1"
::
i'
..,,til
a'
-:,,.
:
'
.:.:
INDIA NON JUDICIAL
Government of Karnata
e-Stamp
lN-KA73455854046434M
02-Jun-2014 1 2:40 Pl\,4
(
*'j't
i{qTqqzkl
Certiticate No.
Certificate lssued Date
Account Feference
U nique Doc. Reference
Purchased by
Description of Document
Description
Consideration Price (Bs.)
First Party
Second Party
Stamp Duty Paid By
Stamp Duty Amount(Rs.)
NONACC (BK)/ kakscubOS/ BHADRAVATy KA-SM
SUBI N-KAKAKSCUBOSOl 907309642028M
K RAGHAVENDRA KAWAD
Article 4 Aff idavit
AFFIDAVIT UNDERTAKING BY MEMBER OF CONSURTIUIVI
0
(Zero)
: K RAGHAVENDRA KAWAD
: HPCL
: K RAGHAVENDRA KAWAD
;
1oo
(One Hundred only)
'...
t.a.t
Please write or type below this li
l/We K. Raghavendra Kavad, Prop: Raghavednra Fuels
(Dealer
Code: 158578S)
resident of Bhadavathi, do hereby solemnly affirm and declare as under:
l'i t, r'i {?;,;<;9
lt:;il l:1!4li r
,{i,1,-*ii,,",
No'
of
C oRI?DC?fSlVS
r r.. I
(
,,rnlcill,: sirou;rl l)o v /ifo{)
":
i:v
.,.i i ri !r
..,.;
,,i l!,1, rrr i!! rd
- : ,":r.r
" t.
,
-i..,
rr rr
r lrir !rL: sLflrr:r:
':..r:.
: I rr r.rr r'r :: c.r L,0lr. I / . r.i
t.;;;-#
f Consortium
5r
^
i/ I R/i//\
| \t:
rirtt)
tO
^
I'r L!-^----
\_
3
Lb
-z-
2. I, K. Raghavendra Kavad, along with other Retail outlet dealers listed in the table
-2-
1. I, K. Raghavendra Kavad, Proprietor
dealer of HPC, located at Shimoga town,
Hassan Location of HPC.
of M/s.rRaghavendra Fuels, retail outlet
supplies to which are being made from
HPC in tank trucks
valid for the entire
below have formed a consortium to take MS/HSD supplies from
owned by members of the consortium. This consortium shall be
contract
period
of POL transport contract.
Sr.
No.
Name of RO dealer RO location
V. Krishna Murthy
M/s. Sri Venkateshwara Service Station
Bhadravathi
3. That V. Krishna Murthy, Prop: M/s. SRI VENKATESHWARA SERVTCE STAT|ON,
Retail outlet dealer located at Bhadravathi is owning 1 no. of tank truck s which
has/have been offered in the tender for transportation of
products
to meet the
requirement of all the above members of this consortium Ex- HASSAN deoot / terminar.
4. That in case this consortium is awarded transport contract by HPC, supplies to the
above mentioned Retail outlets shall be made through the tank trucks offered by this
consortium in the tender.
5. I, K. Raghavendra Kavad shall not demand supplies to our aforesaid retail ouflet
through any other tank trucks during the
period
of this conhact. In case of any exigency,
we shall abide by the arrangement made by HPC at its sole discretion.
6. l, K. Raghavendra Kavad, being a member of the consortium, shall be individually
responsible for the Quality and the Quantity of the
petroleum products
received at our
outlet
premises
through the tank trucks of the consortium, irrespective of which of
tank trucks has delivered the
petroleum products.
llnc
I t
rcctltlco
.l'rrrl"!r
LL"
-
No.of
CORII'ECflO)IS;-
-
\
I
c'.tk-l
AT BHADRAVATHL
l.
INDIA NON JUDICIAL
Government of Karnataka
e-Stamp
lN-KA73453221260007M
O2-Jun-2014 12:39 PM
NONACC (BK)/ kakscubos/ BHADRAVATy KA-SM
suBlN-KAKAKSCUB0801 89803671 6690M
V KRISHNAMURTHY SON OF LATE VENKATARAMANA
Article 12 Bond
CONSURTIUM AGREEI\4ENT
0
(Zerol
:
V KRISHNAMURTHY SON OF LATE VENKATARAMANA
: K RAGHAVENDRA KAWAD
: V KRISHNAMURTHY SON OF LATE VENKATARAMANA
:
100
(One Hundred only)
$iqtq
qqa
Cerlificate No.
Certif icate lssued Date
Account Reference
Unique Doc. Reterence
Purchased by
Description of Document
Description
Consideration Price (Fs.)
First Party
Second Party
Stamp Duty Paid By
Stamp Duty Amount(Rs.)
.-."...---Please v,,rite or tvoe below thls line----- -- -- ------- -
CONSORTIUM AGREEMENT
SRI VENKATESTTWARA SERVICE STATION
THIS AGREEMENT is made onthe 3'd dav of June.2014.
-2-
BETWEEN: SRI VENKATESHWARA
SERVICE STATION,(Deater
Code:
12677310), HPCL RETAIL OUT LET whose registered office is at
BARANDUR" BHADRAVATTII
AI\D
Code: 15857820) whose registered office is
SHRTIL{GHAVENDRA
FUELS,
(DeaIeT
@6t
Gopala Extension, Shimoga
RECITALS
WHEREAS the Parties wish to co-operate over to bring petol and diesel from
HPCL Terminal, Hassan to both the retail outlets in one Tank Truck.
AND wrrERDAs this consortium Agreement sets out the relationship
between
the Parties and the organization of the work.
IT IS IIEREBYAGREED
AS FOLLOWS:-
7
DEFIMTIONS
1'1 In this Agreement, the following terms shall have the following
meanings:
"Effective Date:" The date of signing of the agreement
Purpose of the consortium: To participate
in the tender on behalf of the
consortium and to deliver the right quantity
and quality
of peholeum
products
to its members.
ender: Tender No.14000010-HD-tl77O/LWC/HASSAN/BULK/
20 dated 28-04-2014
individually referred to as
member of the consortium shall be
member of the consortium shall be
jointly
referred to
parties
LEAD Member and Authorised signatory
The parties hereto agree that the SHANTHA SERVICE STATION will be
the lead member("Lead member") and authorize him as their agent to sign
agiFements in their name and on their behalf in relation to the
proiect.
i,:
\t -i ,) ,
''',"'' ta.,ltltr;r7.r1d73_1.
q;
iLt'l
-3-
J.
-J-
The parties agree that the Lead member will open and maintain a dedicated
bank account in the name of the consortium for the benefit of the Parties and
the use of the consortium. Without prejudice to its authority to contract on
gehalf of the Parties in relation to the Transport Contract, the Lead Member
agrees to take all reasonable steps in every occasion to seek and obtain the
prior consent of each of the other Parties before signing agreements for the
benefit of the Consortium and the other Parties.
PURPOSE OF CONSORTIUM
The purpose of the Consortium is:
r
to speci& the organization of the work between the Parties in carrying
out the Transportation Contract and to set out the rights and
obligations of the Parties.
r participate in the Bulk POL Transportation tender of HPCL and enter
into agreement for the purpose if contract is awarded.
.
All Special Terms & Conditions, General Terms & Conditions of the
tender no. I 40000 I 0-lID -l 17 7 0 II+CIHASSAN/BULK/ POL/20 I 5-
2Q dated 28-04-2014 and the Transportation Agreement and Transport
discipline
guidelines are applicable and the consortium and its
members shall abide by the same.
COMMENCEMENT AND DURATION
This agreement shall commence on the Effective Date and shall continue
until the completion of the tender on29-02-2020.
duration of this Agreement may be extended beyond 29-02-2020, at
of the Parties, for such prior to that date, by written agreement
periods as are deemed appropriate.
ILITIES OF THE INDIVIDUAL MEMBERS OF THE
aereed between the Parties that each member of the Consortium
be
jointly
and severaly liable for all acts done by the Consortium.
A
c)
d)
The Parties are not permitted to change their name or their constitution during
the term of the agreement.
Each party shall ensure to take necessary steps so that the work under the
shall not be effected at anv time due to anv act or
P.t?:,P* il:iT..q#:,,
",,
.
is also hereby agreed that none of the Party shall be permiued to withdraw
from the consortium once the contract dated
^,
has been awarded by
HPCL in favour to this consortium.
4L
w-
q;&s
; r,;.,;;; ;',;,
^
r',''lvrr.of
coRRncTrofl
e)
-4-
Each party shall indemnifu and keep indemnified I{PCL against all acts of
omission or negligence on their part or on part of other members of the
consortium.
Each Party undertakes to each other Party to perform and fulfil on time the
tasks assigned to it by the Steering Group and all other of its obligations
under this Agreement.
Each Party agrees not to issue any press releases or other such publicity
materials relating to the work of the Consortium without obtaining prior
approval from the other Parties.
Share Proportion
The share ration ofeach of the
parties
to the consortium shall be as under
The liabilities of the parties
towards each other shall be limited to the
proportion
of the shares that they hold in the consortium. However the
liablilities of the Parties towards HPCL shall not be restricted to the amount
of shares that they held. They shall be
jointly
and severally liable for all
claims made by IIPCL, however after setting the claims of HPCL the
parties
may intemally settle their accounts as per their share ratio.
UTION
are made from HPCL to the SRI VENKATESHWARA
SERVICE
. Thereafter SRI VENKATESHWARA SERVICE STAION
ion the budget between the Parties as per the following terms.
ANDUNDERTAKINGS
listed in the table below have formed a consortium to take MS/HSD supplies from
TIPCL in tank tnrcks owned by members of the consortium. This consortium shall
be valid for the entire contract period ofPOL transport contract.
c)
6.
.o/o
o/o
A
B
C
Sr.
No.
Name of RO dealer RO location
Sri Venkateshwara Servrce
Station
Mangalore
ll Rlaghavendra Fuels Mangalore
/+,
.ffi
:ttLt,
\<: \tjli, r.
t
frt,
t
r.
l
i:,_r,.i5
/A-fdS'''F
-!if
-,
*n,.or c
oRr)X#
sr
V k.t
-5-
8.2 That lWs. Sri Venkateshwara Service Station, Retail outlet dealer located at
Bhadravathi is owning I no. of tank truck which has been offered in the tender for
transportation of products to meet the requirement of all the above members of this
consortium Ex.HASSAN terminal.
8.3 That in case this consortium is awarded transport contract by HPCL, supplies
to the above mentioned Retail outlets shall be made through the tank trucks offered
by this consortium in the tender.
8.4 The Parties hereby agree that they shall not demand supplies to their aforesaid
retail outlet through any other tank trucks during the period of this contrct. In case
of any exisgency, they shall abide by the arrangement made by HPCL at its sole
discretion.
8.5 The parties also agree that being a member of the consortium, shall be
individually responsible for the
Quality
and the
Quantity
of the petroleum products
received at their retail outlet premises through the tank trucks of the consortium,
irrespective of which of the consortium tank trucks has delivered the
petroleum
products.
Each Party acknowledges that it is and shall remain liable for the consequences
of any failure on its part or on the part of its Personnel to fulfiI the tasks and
work packages assigned to it under this Agreement and shall accordingly:
8.6.1 procure and maintain its own insurance, with insurers of good repute,
to cover its own liabilities and those on behalf of its Personnel:
Keep true and accurate records ofall things done by its Personnel in relation to
and workpackages assigned to it under this Agreement.
and assist the Consortium, complying with all relevant statutes, laws,
codes of practice relating to its tasks and work packages from time
shall be responsible for providing all appropriate facilities
as shall be necessary in the proper performance of the tasks
packages, which will be entirely at the Party's own expense.
CONFIDENTIALITY
Each Party hereby undertakes to the other Parties to make all relevant
employees, agents and sub-contractors aware of the confidentiality of the
Information and provisions of this clause and without prejudice to the
and
and
;e
/- .t
..t
..r'
""
i.;
li;'
,,, i.'r.r...i/
'
"
tffo'.bf
COeRgCnOr
-6-
-6-
generality of the foregoing to ensure compliance by such employees' agents
and sub-contractors
with the provisions of this clause'
10 GOVERNING
LAW AND DISPUTE RESOLUTION
This Agreement shall be govemed by and construed in accordance with
Indian law and the parties irrevocably agree that any dispute arising out ofor
in connection
with this Agreement will be subject to and within the
iurisdiction of the Courts in India situated at BHADRAVA
The Parties agree to use best efforts to resolve disputes an informal
manner. However if the disputes or differences are not amicably
behveen the Parties, the matter shall be referred to Sole to be
Act.l996 and
the exclusive
appointed by the Court as per the Arbitration and Conciliat
rules made thereunder. All the Parties submit themselves
iurisdictions
of the courts of BIIADRAVATHI.
The costs of the Arbitrator and arbitration
proceeding shall be borne equally
by the parties .
I1 ASSIGNMENT
Save as permitted for under this Agreement, neither this Agreement nor any
ofthe rights and obligations under it may be sub-contracted or assigned by
any
party without obtaining the prior written consent of the other
parties. In
any permitted assignment, the assignor shall
procure and ensure that the
ariign".
shall assume all rights and obligations of the assignor under this
Agreement
and agrees to be bound to all the terms of this Agreement'
IN WITNESS
WHEREOF, the Parties hereto have caused this instrument to be
executed
in duplicate by their duly authorized
officers as on the day and year first
above written
Ocaler in l#3. Hindustan
Co(porehon
Lld
g
;. 6s36, $f
trAN
:iir'i l.'r'i'.'
"
iij
!r ,.,. l, r., -
,.
.,,
t.iir,,::i l-r ::.,;rr:
1..ri;,)?t:l:)fa:.a
ali,:1,:,
A:'i!1r"t' l:1:ri
1l
j:aai
ll
i: rl,:r!il !"J1,' l{li flYt(:
1 t'::i rr
\ lii
t''i'i
"
)i'
I Flcrrrlloll
"|nlttd
'Gt-'
-
AT
BHADRAVATHL.
Ef,ndravatil
lSfi:mOOa