IN THE SUPREME COURT OF MAURITIUS (before the Honourable Judge in Chambers) In the matter of :- Mr, Seetanah LUTCHMEENARAIDOO, also called Vishnu LUTCHMEENARAIDOO, (GCSK}, Honourable Minister of Foreign Affairs, Regional integration and International Trade, residing at Shand Street, Beau Bassin APPLICANT Versus 1. The Independent Commission Against Corruption (ICAC), having its office at ICAC Building, Le Reduit, service to be effected upon its Director General of same address, 2. The Director of Investigation, Independent Commission Against Corruption {ICAC), of ICAC Building, Le Reduit, 3. Mr. Sudarshan BHADAIN, also called Roshi BAHDAIN, Minister of Financial Services, Good Governance and Instutitional Reforms, SICOM Tower, Cybercity Ebene, RESPONDENTS. |, Seetanah LUTCHMEENARAIDOO, also called Vishnu LUTCHMEENARAIDOO, Honourable Honourable Minister of Foreign Affairs, Regional Integration and International Trade, residing at Shand Street, Beau Bassin, holder of National Identity Card Number 1240544310428A, MAKE MY SOLEMN AFFIRMATION AS A, HINDU AND SAY AS FOLLOWS == 1. lam the Applicant in the above matter. 2. lam: (a) A Member of Parliament, having been elected in Constituency No.7, Piton- Riviere Du Rempart, during the General Elections held in December 2014; and (b) the Honourable Minister of Foreign Affairs, Regional Integration and International Trade. 3, Prior before holding the post of Minister of Foreign Affairs, Regional Integration and International Trade, | held the post of Ministry of Finance and Economic Development. CH4, The Respondent No.1 is a body corporate established under an act of the National Assembly and it is headed by Mr. Kaushik Goburdhun, who is closely related to the Respondent No.3. The Respondent No.2 is in charge of all investigations initiated by the Respondent No.1. 6. The Respondent No.3 is presently the Honourable Minister of Financial Services, Good Governance and institutional Reforms. 1am a person of utmost integrity and probity. 8, lamasseasoned politician. 9. Ever since September 2015, | have reasons to believe that the Respondent No.3, who is a Minister ‘ tres en vue et tres en verve’ of the present government has initiated a smear campaign to tarnish and to sully my reputation as a citizen of Mauritius, a Member of Parliament, as the then Minister of Finance and Economic Development and at present as the Minister of Foreign Affairs Regional integration and international Trade. 10. The Respondent No.3 has been on a spree to malign my reputation by, inter alia, leaking to the press and to the public at large the following false and malicious information , viz - i) that | have used my position as the then Minister of Finance to obtain a loan of EUROS1.1Million from the State of Bank of Mauritius and that the said loan was approved without following the procedure; {il) that Ihave been paid kickbacks to the tune of Rs.45Million in the joint venture project of YIHAI and State Investment Corporation Limited for Domaine Les Pailles; 11. The Respondent No.3 is a Honourable Minister, who has been managing his Ministry like the KGB with his arms spread everywhere in most of the ministries, has aspired to become the next Minister of Finance by ousting me by any means from the present government, 12. The Respondent No.3 is conniving {’ comploter’) to oust me and finish me as a cian and a Minister13. | aver that the Respondent No.3 is bent and minded to evict me from the present government in order to have a comprehensive control over fappareil de I'etat’, 14, 45. The campaign of the Respondent No.3 has gained momentum to such an extent that the Respondent No.1 has initiated an enquiry into my loan of EUROSI.1Million and into the deal of the joint venture of State Investment Corporation Limited and VIHA In so far as the loan of EURO1.1Millions is concerned, in order to show the bad! faith of the Respondent No.3 to evict me from the Government , | hereby bring the following the facts, things and matters =~ 0) O) (iil) (iv) ww) wi) (vii) (viii) (ix) 0) (xi) (xii) (xiv) | made a request for a loan EUROS1.1Million in the month of July 2015; The said request for a loan was made to the State Bank of Mauritius Ltd; The said loan was finally approved on 11.9.2015 after the State Bank of Mauritius Ltd was satisfied that | fulfilled all the conditions set by the said Bank; For ease of reference , | hereby annex a copy of the letter dated 11.9.2015 wherein my loan of EUROS1.1Million was approved and marked VL; Itis clear from the said letter that the loan was for EUROS 1.1 Million, payable over a period of 2 years with interests at the rate of 1.5 per annum; The said loan was secured by a fixed charge over my matrimonial property at Beat Bassin; a copy of the said fixed charge is annexed and marked VL2; The interests are payable on a yearly basis; The capital to be refunded in one Jump sum upon maturity of the loan; On 19:01.2016, the said loan, at my request was reduced from EUROS1.LMillion to EUROS400,000.- under the same conditions; a copy of my letter dated 19.01.2016 to reduce is annexed and marked VL3; ‘On 20.01.2016, the sum of EUROS 700,000.- was debited from my account and paid to the State Bank of Mauritius Ltd; a copy of my statement of account showing the reduction of loan is annexed and marked VU ‘The said loan was brought down at my request to EUROS400,000.- to reduce my exposure; have not benefitted from any favour as the rate of interests that | am paying; In the month of December 2015, the Respondent No.3 informed the Honourable Prime Minister that | had contracted @ loan with providing a security; To show my good faith, | did not object to the State Bank of Mauritius Ltd sharing all relevant information to the Honourable Prime Ministerabout the loan, who after having examined and inspected the said information, was satisfied that the loan was in order 16. It is clear from the above, that | haye not used and could use my position as the then Honourable Minister of Finance to contract a loan of EUROS400,000.- from the State Bank of Mauritius Ltd, the moreso that in the past | had already contracted a loan in United States of America Dollars from the State Bank of Mauritius Ltd that | had already f 17, itis therefore undoubtedly clear that the Respondent No.3 has provoked and manipulated the said campaign to exit me from the present government and by referring the matter to the Respondent No.1 so that | be humiliated, interrogated, arrested and be forced to resign from the present government. 18. Since | am a man of integrity and probity, | am ready and willing to face an enquiry provided such enquiry is without any political interference from the Respondent No.3 and follows the conditions set out by law. 19. In So far as the alleged kick back in the sum of Rs.45Million nthat | had allegedly received from the joint venture project State Investments Corporation Limited and LIHAl, this is pure invention on the part of the Respondent No.3 inasmuch as | invite the Respondent No.3 to came up with all documents in support of the alleged information that | had received kick back from the said joint venture. 20. lam confident that there is no document in support of any kick back allegedly received by me 21, It is evidently clear that the Respondent No.3 Is manipulating information to kill me politically so that he could ‘ assouvir ses besoins personnels sur Vappareil de etat’. The Respondent No.3 sees in me ‘ un ennemi en politique qujil faut a tout prix abattre’ 22. The Respondent No.3 has prompted the Respondent No.1 to initiate the said enquiry so that | interrogated and arrested >23, Laver and | verily believe that :- (i) There is no ground for the Respondent No.1 to initiate an enquiry as mentioned above; (i) | fear and apprehend that the said enquiry is being initiated and provoked by the Respondent No.3; (ili) Section 46 of the Prevention of Corruption Act has not and is not being followed and complied with to the extent that the Respondent No.2 was not involved in any preliminary investigation; (iv) By not following the procedure , the Respondent No.1 is depriving me of my right of a fair and equitable enquiry; (v) The Respondent No.1 is bound , as per the law, to strictly comply with the law , to look into the alleged complaints made against me as per Section 46 of the Prevention of Corruption Act. 24, On Saturday the 2 day of April 2016 at around 16.00 hours | received from the Respondent No.1 a letter requesting me to attend the office of the Respondent No.1 for an enquiry. It is noteworthy to point out that the said letter covening me to the Respondent No.1 found its way in the press on Sunday 3.4.2016. It is therefore clear that the Respondents deliberately managing the public opinion with a view to harm my reputation and to deprive me of a fair hearing. A copy of the letter of the Respondent No.1 is annexed and marked VL5. Copies of _press cuttings showing that the public is made aware on Sunday 3.4.2016 that | am being convened to the office of the Respondent No.1 today are annexed and marked VL6_and VI6(i) 25. It is clear that the Respondents Nos. 1 and 2, with the help of the Respondent No.3, have embarked ina spree of tarnishing my raputation by all means. 26. | aver that the Respondents Nos. 1 and 2 are not affording me a fair and equitable chance/opportunity in that all.the facts, things and matters relating to the present enquiry in that being leaked to the press so that the Respondents Nos. 1 and 2 are put before a’ fait accompli’. 27. The present enquiry is being initiated at the behest of the Respondent No.3 who is politically motivated by his personal gain and aspiration to run the affairs of the country.28, 29. 30, 31, 2 33, 34, 35, 36. m7. aver that my rights ought be protected so that | face an enquiry which is not biased and unfair. | am ready and willing to face any enquiry into the said allegations provided my constitutional rights are inspected. | fear and | apprehend that | can be arrested based on an enquiry which is not fair, just and equitable and which is not in compliance with the laws. Ihave been requested to attend the office of the Respondent No.1 this afternoon and | fear that | will be deprived of my rights, Whilst I volunteer to attend any enquiry, | pray that such enquiry be just and fair, | fear that , in view of the direct involvement of the Respondent No.3 in the said allegations, | fear that | will not be treated fairly. \ aver that the acts and doings of the Respondents Nos. 1 and 2 cannot be adequately compensated by damages. Laver that the balance of convenienct in my favour. | am seeking the protection of the Honourable Judge in Chambers so that | be faced with a fair, just and equitable enquiry. | aver that the matter is so urgent that it requires the intervention of the Honourable Judge inn Chambers before notice of same is given to the Respondents. For the reasons set out above, | therefore pray that the Honourable Judge in Chambers: (i) Be pleased to issue an interim order in the nature of an injunction restraining and prohibiting the Respondents Nos. 1 and 2 from proceeding with an enquiry into my loan of EUROS400,000.-(ji) A summons be issued calling upon the Respondents to appear before the Honourable Judge in Chambers an a day to be fixed to show cause why the interim order should not be made interlocutory order, pend the application for judicial review; (ii) In the event that the interim order is declined, | pray that a summons be issued calling upon the Respondents to appear before the Honourable Judge in Chambers on a day to be fixed to show cause why an interlocutory order in the nature of an injunction should not be issued restraining and prohibiting the Respondents Nos. 1 and 2 from proceeding with to an enquiry into my loan of EUROS400,000.-, pending the application for judicial review. WITH Costs, 38. | pray accordingly. Solemnly affirmed by the abovenamed) Deponent, at Chambers, Court House,) / yf /. cl] ch jertrnr to HOD Supreme Court of Mauritius, Port-Louis,) | Yo Lehetamarrnnt This 4" day of April 2016) Drawnupbyme BEFORE ME Mr. N. Ag fa SA Attomiey | ot Pudew /_ SUPREME;COURT,. Uf iow pe Pena Mewes | certify that this affidavit forms part of an application to be lodged before the Honourable Judge in Chambers. eee py Mr. N. Appa Jala SA Attorney 4IN THE SUPREME COURT OF MAURITIUS (before the Honourable Judge in Chambers I the matter of Mr. Seetanah LUTCHMEENARAIDOO, also called Vishnu LUTCHMEENARAIDOO, {GCSK), Honourable Minister of Foreign Affairs, Regional Integration and International Trade, residing at Shand Street, Beats Bassin APPLICANT Versus 1. The Independent Commission Against Corruption (ICAC), having its office at ICAC Building, Le Reduit, service to be effected upon its Director General of same address, 2. The Director of Investigation, independent Commission Against Corruption (ICAC), oF ICAC Building, Le Reduit, 3. Mr, Sudarshan BHADAIN, also called Roshi BAHDAIN, Minister of Financial Services, Good Governance and Instutitional Reforms, SICOM Tower, Cybercity Ebene, RESPONDENTS, EX PARTE:- Mr. Seetanah LUTCHMEENARAIDOO, also called Vishnu LUTCHMEENARAIDOO, (GCSK), Honourable Minister of Foreign Affairs, Regional Integration and International Trade, residing at Shand Street, Beau Bassin APPLICANT. PROECIPE ‘A. For an interim order in the nature of an injunction restraining and prohibiting the Respondents Nos. 1 and 2 from proceeding with an enquiry into the Applicant's loan of EUROS400,000.;; 8. For a summons to issue calling upon the Respondents to appear before the Honourable Judge in Chambers on a day to be fixed to show cause why the interim order prayed for should not be made interlocutory order , pending the application for judicial review to be lodged shortly; C. In the event that the interim order is declined, the Applicant then prays that a summons be issued calling upon the Respondents to appear before the Honourable Judge in Chambers on a day to be fixed to show cause why an interlocutory order in the nature of an injunction should not be issued restraining and prohibiting the Respondents Nos. 1 and 2 from proceeding with to an enquiry into the Applicant's loan of EUROS400,000.-, pending the application for judicial review to be lodged shortly.WITH COSTS, And this for the reasons set out in the annexed affidavit and supporting documents. Under all legal reservations Dated at Port-Louis, this 4" day of April 2016 Of Sterling House, Port-Louis ATTORNEY FOR THE APPLICANT‘ fnew WEI by SBM BANK (MAURITIUS) LTD CSUINMInnisg/15 11 September 2015 Honourable Seetanah Lutchmeenaraidoo, G.C.S.K. Shand Street Beau Bassin Dear Sir Further to your request, we wish to advise that a loan has been approved by the Bank on the following terms and conditions:- Loan Amount: EUR4,100,000/- (Euro one million one hundred thousand) Purpose For investment purposes Period 24 months Repayment @) Interest shall be payable on a yearly besis as from disbursement date of the toan b)_ Capital in one lump sum upon maturity of loan Interest Rate Fixed rate of 1.5% per annum Defaultinterest : If the Borrower does not pay any sum payable under this Agreement or any ‘Security Document when due, it shall pay interest on the amount from time to time Sutstanding in respect of that overdue sum for the period beginning on its due date and ending on the date of its receipt by the Lender (whether before and alter judgment in the event a judgment is required) in accordance with this clause Such interest shall be calculated and payable by reference to successive period (“Default interest Periods"), each of which (other than the fist, which shall begin {an the dus date) shall begin on the last day of the previous one. Each such Default Interest Period shall be of one month or such shorter petiod as the Lender may from time to time select and the rate of interest applicable for a particular Default Interest Period shail be the rate per annum (as dotermined by the Lender) equal to the aggregate of interest rate and decimal five per cent (0.5%) Birehcoste, The Borrower shall indemnify the Bank on demand and upon providing reasonable details and evidence against all direct losses or expenses sustained or incurred by the Bank from the termination or cancellation of any Hedging Agreement where such termination or cancellation is a direct consequence of the voluntary Prepayment of one or more Loans or any part thereo! pursuant to the documents duly accepted and executed by all the Parties and being made on a day other than an Interest Payment Date Security 1) Loan Agreement 2) Additional fixed charge for Eurt,100,000/- on 3,581.25m? of residential land plus buildings of a fotal extent of 793m? io situate at Beau Bassin LY B® 584 Bank (Mourius) Les Corporate Ofc, SAM Tower, { Qunsn Ehzabeth Avenue Part Loui: Reoubie of Heurtivs $0230) 292 ts F (230) 202 1234 Sut STCEMUMU -F.sten@sbengroup mu -W wuresbmaroupims- BN: 27002193Insurance on Building Conditions Precedent Conditions Subsequent Governing Law SBM 3) This charge shall be unregistered al the discretion of the Bank ; and 4) The Borrower agrees that the Bank has reserved all its rights to register this charge at any point in time at its sole discretion, without the necessity of any additional formalities of any nature whatsoever including but not limited to the consent of the Borrower, ta which the Borrower has agreed upon acceptance of tis offer letter. a) Residential building offered as security should be insured against burglary, fire and all allied risks and the policy assigned in favour of the bank. A copy of the insurance policy duly assigned in favour of the Bank should be submitted to the Bank and thereafter regularly upon renewal, b) The insurance policy should be kept in force by prompt renewal and enhancements wherever the value of the security goes up. If the insurance policy is not renewed on due dates, the Bank reserves its rights to renew it from time to time and the premium to be debited to your account, 1) Alllegal costs and/ or charges and accessories including registration fees for documentation deeds should be financed by own funds. The current registration fees payable to the Government of Mauritius for registration of the charge documents are as prescribed by the Conservator of Mortyages' Office 2) Disbursement of the present facility will be effected after all relevant documents have been submitted, visaed and accepted by the Bank's Legal ‘Adviser and after completion of all necessary documentation (a) The facility has to be used for the purpose for which it is sanctioned. Any deviation without Bank's approval would entail cancellation of the facility, (b) Fixed charge subscribed in favour of the Bank should be renewed at least one year prior to its expiry as per Mauritian Civil Code and all fees/charges incurred would be debited to any of your accounts with the Bank at the time of renewal. This document is governed by and construed in accordance with the Mauritian Laws and shall be subject to the exclusive jurisdiction of the Mauritian Courts, FEES PAYABLE OVER AND ABOVE THE LOAN INSTALMENT The below fees may be subject fo changes from time to time and the fees applicable at any point of time may be obtained an demand at the Bank. Disbursement charges, search costs, renewal/erasure of charges, and all other incidental casts / professional fees will be debited to your account as and when incurred, Legal charges/Processing fee Rs10,000!- AmendmentiCancellation fee (if any) > Rs300/- fp @SBM ; Ledger fee Payable monthly, currently at Rs86.25 (inclusive of VAT) per month ar at amounts as may be determined by the, Bank from time to time. Early repayment fee No fee will be charged on repayment of the loan before maturity, In the event, the present loan is settled through refinancing from other banks/financial institutions, the Bank shall take a processing time of around 15 days for settlement of the facility. The release of any securities subscribed in favour of the Bank, shall be effected subsequently. Valuation fees Rs5,000/- ‘You_may consult your_own independent Legal or other adviser before executing this Offer Letter, ‘Should you be agreeable to the above terms and conditions, this Offer Letter shall have to be submitted to the Bank duly executed by you within 30 days from date thereof. Should you not avail of the facility within three months as from date of this letter, the offer will lapse automatically. This letter supersedes our offer letter dated 7 September 2015. Yours faithfully ‘AUTHORISED SIGNATORIES CREDIT SERVICES have accepted the above terms and conditions, am aware that | can seek independent legal advice or other advice before signing this acceptance and hereby agree to the above terms and conditions in full awareness of its contents and my responsibilities thereunder, Kindly credit proceeds of the loan to account number .... 22126209 905624. and | authorize you to debit my account number ...... OBL 2E2900.45624 ..... for repayment of the above facility granted to me together with all charges and commissions til final repayment of the loan heady fy pret locacates (Read & Approved in client's own handwriting) Signature of Borrower DateSBM -E BY INDIVIDU. CHRGOL BETWEEN: SBM Bank (Mauritius) Ltd, having its registered office at SBM Tower, 1 Queen Elizabeth IM Avenue, Port Louis and bearing Business Registration No. co7002193 (hereinafter referred to as "the Bank") ON THE FIRST PART 1) Honourable Seetanah LUTCHMEENARAIDOO, G.CS.K born on 24/05/1944 as per birth certificate bearing no. 4286/1944 { District of Moka } and holder of National Identity Card No. 2405443104204 ; Minister of Finance and Economic Development. 2) Mrs Seetanah LUTCHMEENARAIDOO born Suzanne POLI on 16/08/1947 in Ajaccio, Corse, France end holder of Passport bearing no, R5721 igsued by the Republic of Mauritius; a housewife @ w Page bof 1 AniuiutsBoth declare that they are civilly married since 10/04/1971 in France (Monte Rosso, Commune D'Albitreccia) as per marriage certificate bearing no. 1 and that the marriage is still subsisting; residing at Shand Street, Beau Bassin (hereinafter referred to as "the Borrowers”) ON THE SECOND PART IT HAS BE) OLL ‘The Borrowers are desirous of obtaining banking facilities and financial accommodation including but not limited to Loans, Bank Overdrafts, Credit Cards, Opening Letters of Credit, Import Loans, Bank Guarantees, Advances on Export Bills, Leasing Facilities, etc. ‘The Borrowers have requested the Bank to grant to the Borrowers banking facilities and other financial accommodation including but not limited to Loans, Bank Overdrafts, Credit Cards, Opening Letters of Credit, Import Loans, Bank Guarantees, Advances on Export Bills, Leasing Facilities, etc. amounting in the aggregate to the Mauritian Rupee equivalent at prevatling selling rate of EUR 1,100,000 /- ( Euro one million one hundred thousand ) and /or its equivalent to Mauritian Rupees from time to time, in capital amount which the Bank has agreed to do upon the terms and conditions hereinafter mentioned, at its sole discretion from time to time tt being agreed that such banking facilities and financial accommodation as well as the securities and charges securing this shall continue irrespective of refunds and credits-make and received from the Borrowers or on their behalf so long as the Bank shall agree to grant the above facilities and accommodation. It being expressly provided that the Bank may at any time withdraw or stop such facilities and accommodation and demand payment of amount outstanding in capital, interests, costs and accessories NOW THESE PRESENTS WITNESS that in pursuance of the said agreement the Borrowers will on demand pay and discharge all moneys and liabilities now or hereafter due and owing to the Bank by the Borrowers whether in respect of moneys advanced ot paid to or for the use of the Borrowers or charges incurred ont by the Borrowers to the Bank as principal and either solely or jointly with any s account of for any moneys whatsoever which may become due and owing we 20fother person or persons in partnership or otherwise upon current banking account or upon loans or bills of exchange or promissory notes, drafts, orders for payment or delivery of money bills of lading or other negotiable or mercantile instruments drawn accepted or endorsed by or on behalf of the Borrowers and discounted or paid or held by the Bank either at the request of the Borrowers or in the course of business or otherwise ar in respect of bills of exchange accepted by the Bank on the instructions of the Borrowers or in respect of moneys which the Borrowers shall become liable to pay to the Bank either under guarantee given by the Borrowers to the Bank or for money guaranteed by the Bank for and on behalf of or at the request of the Borrowers or in any other manner whatsoever and whether any such moneys shall be paid to or liabilities incurred on bebaif of the Borrowers or any other person or persons in partnership or otherwise at the request of the Borrowers or for any other account whatsoever or for any actual or contingent liability or otherwise howsoever together with interest computed according to the usual mode of the Bank and at such rate as the Bank may from time to time stipulate and together with commission and bank charges legal and other costs charges and expenses and if and when the said sum or sums so owing by the Borrowers to the Bank shall become due and payable by the Borrowers under the provisions of Clause 1 hereof will pay interest from the time of such demand until the actual payment thereof of the sum or sums for the time being owing as aforesaid at the rate aforesaid computed with monthly rests with Interest owing at the date in each monthly to Which interest is usually computed (In respect of the Borrowers’ account or accounts) being added monthly to the amount owing so as to form one aggregate sum carrying interest at the rate aforesaid PROVIDED ALWAYS that in the case of any such moneys being also secured to the Bank under an arrangement or instrument reserving a higher rate of interest than as aforesaid nothing herein contained shall affect the right of the Bank to recover such higher rate of interest or (as the case may be) the difference between such higher rate and the rate payable hereunder. IF the Borrower does not pay any sum payable under this Agreement or any Security Document when due, it shall pay interest on the amount from time to time outstanding in respect of that overdue sum for the period beginning on its due date and ending on the date of its receipt by the Bank (whether before and after judgment in the event a judgment is required) in accordance with this Clause, Such interest shall be calculated and payable by reference to successiveperiod ("Default Interest Periods”), cach of which (other than the first, which shall begin on the due date) shall begin on the last day of the previous one. Each such Default Interest Period shall be of one month or such shorter period as the Bank may from time to time select and the rate of interest applicable for a particular Default Interest Period shall be the rate per annum (as determined by the Bank) equal to the aggregate of interest rate and decimal five per cent (0.5%). SECURITY For the purpose of securing the repayment of any money loaned, advanced, to be loaned, to be advanced, paid or to be paid under the present deed by the Bank to the Borrowers, including any interest and commission that may be due thereon {including also all or any expenses and charges arising out of or in connection with the acts and matters authorised by Clauses 3 and 4 hereof) and/or the fulfillment of any obligation by him under the present deed, the Borrowers hereby create in favour of the Bank under Livre 3e Titre 18e Chapitre X of the Mauritian Civil Code, as subsequently amended, a FIXED CHARGE over the following property/ies:- PROPERTY CHARGED Description of Property ‘Three thousand five hundred and fifty one square metres and twenty five hundredths (3,551.25 m*) as per Reg: LS 23 No. 10860 Location of Property Beau Bassin, Rue Shand No. 27, in the district of Plaines Wilkems Lot No. Not available Parcel [dentification Number Not available “Together with all the buildings existing on the said portion of land or which may be erected thereafter and all the appurtenances and dependencies thereof generally whatsoever without any exception or reserveSTATEMENT OF OWNERSHIP Property Owner ‘The Borrowers Name of Notary Me Younous Allybuccus ‘Transcription Date / Volume ; a) 04/11/1987 in TV 1801/104 Number b) 10/06/1988 in TV 1847/116 This charge shall be unregistered at the discretion of the Bank ; and the Borrower agrees that the Bank has reserved all its rights to register this charge at any poi formalities of any nature whatsoever including but not limited to the consent of the Borrower, to which the Borrower has agreed upon execution of the present agreement. Cin time, atits sole discretion without the necessity of any additional {tis being expressly understood and agreed that the Borrowers shall not create any subsequent mortgage or charge of whatever nature upon any part of the said assets, and justify at all times when required by the Bank that the property is not burdened with any privilege as enacted under the Laws in force in Mauritius or under any other Laws which may be enacted subsequently. CONDITIONS OF SECURY 1. All moneys and liabilities intended to be hereby secured or the balance thereof for the time being remaining unpaid shall immediately become Payable without it being necessary to fulfill any formality other than the Posting of a letter in the manner and form indicated in Clause 6 below notwithstanding anything to the contrary herein contained and in such cases all amounts shown in the Bank's books as liabilities under the said security Shall constitute a liquid title for the purpose of execution and enforcement of the security herein specified and also f the purpose of all other ways of execution which the Bank may legally be entitled to, even if errors may at a later stage be discovered:- (a) If the Bank shall demand payment in writing from the Borrowers and leave notice of such demand at the Borrowers’ address hereinbefore tata BG x) iG ‘ Sof llgiven or at is last known address or send the same to the Borrowers by post; (b) If the Borrowers fail to pay the rent, rates and taxes payable in respect of any leasehold premises for the time being held by the Borrowers or fail to perform and observe the covenants and conditions contained in or implied by the Grant(s) Lease(s) under which any immovable property is held; (0) Ifa receiving order has been issued against Borrowers; (4) [Fa distress or execution be levied or enforced upon or against any of the property of the Borrowers and be not paid within 7 days; (c) If the Borrowers shall stop payment ar shall cease or threaten to cease to carry on his business; or (A) If the Borrowers shall commit any breach of the covenants and conditions herein contained and on his behalf to be performed and observed. (@) If the Borrowers suffer seals to be affixed to any of their property/ies or an attachment of sequestration to be made against them. 2. The Borrowers hereby covenant with the Banks- (a) To maintain in good state or repair to the satisfaction of the Bank all buildings or appurtenances forming part of the properties hereby charged. (b) Not to assign, charge, mortgage, sublet or part with the possession of the immovable property belonging to the Borrowers without the consent in writing of the Bank first had and obtained and such consent shall not be unceasonably withheld; and (c) Justify at all times when required by the Bank that the property is not burdened with any privilege as enacted under the Laws in force in Mauritius or under any other Laws which may be enacted subsequently.(4) Pay regularly and at any time they may fall due and without subrogation in favour of third parties:~ all wages, salaries and other benefits accruing to all his employees and apprentice and 1 all rates, taxes, assessment, contribution to National Pension Scheme Fund as well as sums payable to the Government or the State or any parastatal body or local authority, and other dues and impositions of a like nature or fines and recovery costs due in respect of any of the above which may become payable by the z Borrowers in favour of the Bank and further he shall pay his Income tax, and immediately justify to the Bank the payment of such rates, taxes, assessment, impositions and income tax, 3. Upon the final balance of the principal moneys hereby secured having been paid off and satistied together with all interest due thereon and upon payment of all costs, charges and expenses incurred by the Bank in relation to this charge the Bank shall at the request and cost of the Borrowers and the discharge the said assets from the security hereby constituted. 4 Itis hereby agreed and declared that this charge shall be a continuing security notwithstanding any settlement of account or payment made or other matter or thing whatsoever and shall not prejudice or affect any security wiiich the Bank may now or at any time hereafter hold in respect of the moneys hereby secured or any part thereof, o made or to be made available to the Borrowers at the sole discretion of the in respect of further and future advances Bank. It is further agreed that the Bank may, in its absolute and sole discretion, at any time thereafter and as long as the inscription has not been erased, grant further loan ar loans (on such terms and conditions which shall not be more cumbersome unless agreed by all the patties to the present deed) the whole not exceeding the above sum in capital and such loans shall be secured by the above inscribed charge as if it was disbursed at the time of the signatures of the present instrument. 5. The Bank shall be at liberty to give time for payment of any bills of exchange, promissory notes or other securities which may have been discounted for or received on account from the Borrowers by the Bank or which the Aorrowers may be liable as drawer, acceptor, maker, indorser or otherwise Paxe 7a 11 Itials Owto any parties liable thereon or thereto as the Bank in their absolute discretion shall think fit without releasing the Borrowers or affecting the Borrowers’ liability under these presents or the security hereby created 6. Ademand for payment or any other demand or any notice under this security may be given by any Manager or Officer of the Bank by letter served at the known address of the Borrowers or sent by post addressed to the Borrowers at the address given in this security or at the last known place of the business of the Borrowers and every demand made by post shall be deemed to have been made on the day the letter was posted. 7, Solicitors’ or attorneys’ charges, if any, for the purpose of enforcement of the security herein specified, up to a sum which shall in no case exceed ten per cent of any amount recovered plus V.A.T, and costs as well as any other legal charges, shall be an accessory to the liabilities under this security and secured by the charge presently created. 8. Declare the Borrowers that the property/ies hereinbefore described and presently charged is/are not leased or under s« mortgage, charge or privilege and specially those enumerated in Livre 3éme Titre 18éme Chapitre X of the Mauritian Civil Code. sure and is not free from any 6, All Habilities due to the Bank at any time under these presents are stipulated indivisible and shall be due jointly and in solido by the heirs, other representative and/or assigns of the Borrowers and shall be claimed in full from them as provided for in Article 1221 of the Civil Code. 10. The parties shall have all the rights and be subject to all the obligations mentioned in livre 3e Titre 18e Chapitre X of the Mauritian Civil Code as well as all amendments which may be made to the said Act or any other Acts which may be substituted for this Act. iL. The registration and other charges as well as other incidental costs and charges in connection with the above instrument shall be borne by the Borrowers. 12. this hereby agreed that where the context so admits the masculine could mean the feminine and the singular the plural and vice versa and that the Page Kor LTexpression “the Bank" shall include and mean S8M Bank (Mauritius) Ltd or the successors or assigns of the said Bank. ‘This Agreement is governed by and construed in accordance with the Mauritian Laws and shall be subject to the exclusive jurisdiction of the Mauritian Courts, Drawn up at Port Louis on 11/09/2015 and signed on ‘This document is an original which has been duly collated and found correct, It contains:- Erasures : Nil Blanks : Nil Crossed Out: Nil Declaration for registration purposes We hereby declare that we have not contracted any banking facilities as borrower secured by way of charge and/or mortgage or gage nantissement since 01/08/2014 and we further declare that we are fully aware of the consequences in the event that this declaration is found to be false or incorrect and any fine claimed by the Conservator of Mortgages Office will be borne by us. Micah: Pa poeedad Es e|el gled PECTS e Lanalra ak 27.108, 000 fone w.tlen Or0 far # Bidelah ‘ & Ahavianel turca) im prinupiat ym mre SS eon chet he eototecé Zin i erent , OF chergng oeeserdan: Silaces SIGNATURE OF BORROWER: Honourable Seetanah LUTCHMEENARAIDOO, G.CS.KC NIC: AOS. AA 210.40-8R Supe Kc IniialsReod aud ephond. foo fare Cmo ONE be tdbe'on Bing, lee 2 ee, E% A, poco /_(, ee teeeteih ch _letaelo) Whb Lod) be nddug GEE Pepa Yn ee Fr hug AOL abouss- SIGNATURE OF BORROWER: - sport Beane MrsSeetanah LUTCHMERNARAIDOO p CA hay ra (Oe?For and on behalf of SBM Bank (Mauritius) Ltd sua /owh lon Seotanah LUTCHMEENARAIDOO Fixed charge - Eurt-Lm Page 11 of 1 Iivals19 January 2016 eb The Manager SBM Bank (Mauritius) Ltd SBM Tower 1 Queen Elizabeth il Avenue Port Louis Dear Sir REDUCTION IN TERM LOAN FROM EUR 1,100,000/- TO EUR 400,000/- | refer to my loan of Eur 1,100,000/- | hereby request you to reduce the above loan to Eur 400,000/- (Euro four hundred thousand) on same terms and conditions, save and except that, as security, the Bank shall register a fixed charge for Eur 400,000/- on my property of 3,551.25m* with building thereon situate at Beau Bassin. You may please debit my relevant account/s for the reduction in the term loan and registration fees for the fixed charge. Thanking you Yours faithfully “ (ar aacalig-4 Hon Seetanath Lutchmeenaraidoo, G.C.S,KAnney VE4 SBM BANK (MAURITIUS) L IDg v STATEMENT oF ACCOUNT Branch: PRIVATE BANING euro Mr. SEERAWAH LUTCHMEENARATDOO CALL oBPOsrT ~ euROE 20 ox 105 Paciod Fron 15/01/2016 ROSE ELL, MNAURIELUS to 20/01/2016 Aedount Wunber 0612620000562 Beaneh Code 81 400 SUZANNE LOTCHMBENARATDOO TiN. VALOR oR DesRTPTON Rar ERNCE DearS CREDITS LANGE Oete OAR _- tong 1501160 ave 0.00 534,962.16 534,362.16 18016 160116 8) PROM d¥1z62-s624 0 08126-5402 200,000.00 4:00 334,362.16 190116 190116 91 PROM 98126-5402 To oF1262-3624 0:00 413,910.34 48,272.30 200116 200116 61 FROM 081262-3624 TO 08165-276 300, 000.00, 00 48,272.50 Opening Batence + 334,962.16 oral Dabit Amt 50a, 000.06 be, count + 2 Torti Credle Ame a7,3i 44 Ce. Count 1 closing Balance 40,272.50 ce BND OF STATEMENT —-----—— ‘ouritis) 4 Corporate Oice, SBM Tower, 1, Queen Eizebsth I Avenue, Port Louis, Republic of Mourtvs 1; (230) 202 st - F: (230) 202-234 - Swit: STCEMUMU -E: spmaabingroup.mu - W: worwsbmgroupanu - BRN: CO7002193, Aen bap 1 ae RRS ms |namEAt eT Sea! ify 1hte ee Honourable Seetanah Lutchmeenaraidoo Shand Street Beau Bassin 0284 April 2016 Re: Enquiry SBM Luan 1.1 M Euro The Comuission has initiated an enquiry into the above matter, in respect to a possible offence of corruption namely of Public Official unlawfully using his position for gratification, in breach of Section 7 Prevention of Corruption Act 2002. In this context you are requested to attend the ICAC Head Office, Reduit Triangle, Moka on Monday the 4* of April 2016 at 0990 hrs, for enquiry, You may wish to be assisted by counsel of your choice. You may wish to contact the undersigned for any further information on 4026600. Yours faithfully, Chief Investigator