MIRA INFORM REPORT

 

 

 

Report Date :

17.12.2008

 

IDENTIFICATION DETAILS

 

Name :

CLASSIC OCTROI CORPORATION

 

 

Registered Office :

5314, Hindustan Chown, Mulund Colony, Mulund (West), Mumbai – 400080, Maharashtra

 

 

Country :

India

 

 

Financials (as on) :

31.03.2008

 

 

Year of Establishment :

February 1991

 

 

PAN No.:

[Permanent Account No.]

AAHPP7037M

 

 

Legal Form :

Sole Proprietory Concern

 

 

Line of Business :

Octroi Clearing and Refund Agent

 

 

RATING & COMMENTS

 

MIRA’s Rating :

Ba

 

RATING

STATUS

PROPOSED CREDIT LINE

41-55

Ba

Overall operation is considered normal. Capable to meet normal commitments.

Satisfactory

 

Status :

Satisfactory

 

 

Payment Behaviour :

No Complaints

 

 

Litigation :

Clear

 

 

Comments :

Subject is a pretty old and established concern in its field. Proprietor is reported as experiences, respectable and having satisfactory means. Trade relations are fair. No complaints have been heard.

 

It would be advisable to take adequate securities while dealings with the subject.

 

 

LOCATIONS

 

Registered Office :

5314, Hindustan Chown, Mulund Colony, Mulund (West), Mumbai – 400080, Maharashtra, India

Mobile No.:

91-9322992449/ 9821123291

E-Mail :

classicoctroi@mtnl.net.in

Location :

Owned

 

 

Corporate Office :

C/O. United Octroi Company, LBS Marg, Mulund Checknaka, Behind Ram Punjab Hotel, Mulund (West), Mumbai, Maharashtra, India

 

 

Branch Office :

Dahisar:

3, Tare Compound, Behind Hotel Shree Krishna, Dahisar Cheknaka, Dahisar, Mumbai – 400068, Maharashtra, India

 

Thane:

Near Shivray Hotel, Shop No.6, Lav- Ankush Appartment, E.E.H., Thane, Maharashtra, India

 

Vashi:

M.P.H. Cheknaka, Mumbai Panvel Highway Cabin No.34, Vashi, Maharashtra, India

 

 

SOLE PROPRIETOR

 

Name :

Mr. Dilip H. Punjwani

Designation :

Proprietor

Address :

C – 302, Sagar Building, Swapna Nagari, Mulund West, Mumbai, Maharashtra, India

Date of Birth/Age :

30.08.1968

Qualification :

SSC Passed

Experience :

20 years

 

 

BUSINESS DETAILS

 

Line of Business :

Octroi Clearing and Refund Agent

 

 

GENERAL INFORMATION

 

Customers :

  • Alcon Laboratories India Private Limited
  • Aloka Exports
  • Bharti Airtel Limited
  • Bharti Airtel Limited
  • B T Industries
  • Essar Telecom Retail (Private) Limited
  • Idea Cellular Limited
  • Natraj Octrai
  • NED Rnergy Limited
  • Safe Xpress Private Limited
  • Schindler India (Private) Limited
  • Solution India
  • Spear Logistics
  • United Octroi

 

 

No. of Employees :

30

 

 

Bankers :

Corporation Bank, Mulund Branch

 

Banking Relations :

-

 

 

Auditors :

 

Name :

Rajesh D. Raykundaliya

Chartered Accountant

Address :

7, Aanda Deep, Acharya Tulsi Marg, Dombivli (East) – 421201, India

 

 

Associates/Subsidiaries :

  • Natrai Octori Clearing and Forwading Agency Private Limited

Janta Vikas Nagar, LBS Marg, Mulund Checknaka, Mulund, Mumbai – 400080, Maharashtra, India

(Octori Business)

 

  • Star Octroi Clearing Agency Private Limited

Lav-Ankush, Appartment, Near Shivraj Hotel, Shop No.6, E. E. H., Thane, Maharashtra, India

(Octroi Business)

 

 

CAPITAL STRUCTURE

 

Capital Investment :

 

Owned :

Rs.1.832 Millions

Borrowed :

-

Total :

Rs.1.832 Millions

 

 

FINANCIAL DATA

[all figures are in Rupees Millions]

 

ABRIDGED BALANCE SHEET

 

SOURCES OF FUNDS

 

 

31.03.2008

31.03.2007

SHAREHOLDERS FUNDS

 

 

 

1] Share Capital

 

1.832

1.947

2] Share Application Money

 

0.000

0.000

3] Reserves & Surplus

 

0.000

0.000

4] (Accumulated Losses)

 

0.000

0.000

NETWORTH

 

1.832

1.947

LOAN FUNDS

 

 

 

1] Secured Loans

 

11.488

8.903

2] Unsecured Loans

 

1.809

1.847

TOTAL BORROWING

 

13.297

10.750

DEFERRED TAX LIABILITIES

 

0.000

0.000

 

 

 

 

TOTAL

 

15.129

12.697

 

 

 

 

APPLICATION OF FUNDS

 

 

 

 

 

 

 

FIXED ASSETS [Net Block]

 

3.352

3.373

Capital work-in-progress

 

0.000

0.000

 

 

 

 

INVESTMENT

 

1.169

1.116

DEFERREX TAX ASSETS

 

0.000

0.000

 

 

 

 

CURRENT ASSETS, LOANS & ADVANCES

 

 

 

 

Inventories

 
0.000

0.000

 

Sundry Debtors

 
8.359

8.250

 

Cash & Bank Balances

 
3.362

1.474

 

Other Current Assets

 
1.072

0.215

 

Loans & Advances

 
0.051

0.000

Total Current Assets

 
12.844

9.939

Less : CURRENT LIABILITIES & PROVISIONS

 
 

 

 

Current Liabilities

 
2.236

1.731

 

Provisions

 
0.000

0.000

Total Current Liabilities

 
2.236

1.731

Net Current Assets

 
10.608

8.208

 

 

 

 

MISCELLANEOUS EXPENSES

 

0.000

0.000

 

 

 

 

TOTAL

 

15.129

12.697

 


 

PROFIT & LOSS ACCOUNT

 

PARTICULARS

 

31.03.2008

31.03.2007

31.03.2006

Commission Received

6.224

5.295

4.184

Interests Received

0.000

0.063

0.000

Total Income

6.224

5.358

4.184

 

 

 

 

Profit/(Loss) Before Tax

1.038

0.902

0.731

Provision for Taxation

0.215

0.152

0.000

Profit/(Loss) After Tax

0.823

0.750

0.731

 

 

 

 

Expenditures :

 

 

 

 

Administrative Expenses

1.549

1.941

0.000

 

Interest

0.978

0.882

0.000

 

Depreciation & Amortization

0.066

0.072

0.083

 

Other Expenditure

2.201

1.953

3.370

Total Expenditure

5.186

4.456

3.453

 

 

KEY RATIOS

 

PARTICULARS

 

 

31.03.2008

31.03.2007

31.03.2006

PAT / Total Income

(%)

13.22

13.99

17.47

 

 

 

 

 

Net Profit Margin

(PBT/Sales)

(%)

16.68

17.03

17.47

 

 

 

 

 

Return on Total Assets

(PBT/Total Assets}

(%)

6.41

6.78

NA

 

 

 

 

 

Return on Investment (ROI)

(PBT/Networth)

 

0.57

0.46

NA

 

 

 

 

 

Debt Equity Ratio

(Total Liability/Networth)

 

8.48

6.41

NA

 

 

 

 

 

Current Ratio

(Current Asset/Current Liability)

 

5.74

5.74

NA

 

 


 

LOCAL AGENCY FURTHER INFORMATION

 

TRADE REFERENCE:

 

 

 

DETAILS OF SALES FOR THE PERIOD FROM APRIL 2008 TO SEPTEMBER 2008

(RS IN MILLIONS)

 

Month

Octroi

Commission

Total

 

 

 

 

April – 08

58.259

0.692

58.951

May – 08

66.351

0.830

67.181

Jun – 08

61.120

0.659

61.779

Jul – 08

70.454

0.765

71.218

Aug – 08

65.103

0.435

65.538

Sep – 08

53.375

0.960

54.335

 

 

 

 

Total

374.662

4.341

379.003

 

 

PROJECTED SALES FOR THE PERIOD FROM OCTOBER 2008 TO MARCH 2009

(RS IN MILLION)

 

Month

Octroi

Commission

Total

 

 

 

 

Oct – 08

60.000

0.700

60.700

Nov – 08

60.000

0.700

60.700

Dec – 08

60.000

0.700

60.700

Jan – 09

60.000

0.700

60.700

Feb – 09

60.000

0.700

60.700

Mar – 09

60.000

0.700

60.700

 

 

 

 

Total

360.000

4.200

364.200

 

 

 

COMPUTATION OF TOTAL INCOME

 (RS IN MILLIONS)

 

INCOME FROM BUSINESS AND PROFESSION

 

2009-10

 

 

 

 

As per Profit and Loss  

 

1.553

 

 

 

Income from House Property Interests Paid on Housing Loan

 

(0.125)

 

 

 

Gross Total Income

 

1.428

 

 

 

Less: Desucation U/S 80 C

 

 

LIC

0.400

 

Hous. Loan

0.136

 

 

0.536

0.100

Deduction U/S 80 D Mediclaim

 

0.015

 

 

 

Net Taxable Income

 

1.313

Rounded Off To

 

1.313

 

 

 

Income Tax

 

0.299

Add: Education Cess

 

0.009

 

 

 

Total Tax Payable

 

0.308

Less: TDS

0.170

 

Less: Advance Tax

0.140

0.310

 

 

 

Refund Due

 

0.002

 

 

PROJECTED CAPITAL ACCOUNT FOR THE YEAR ENDED 31.03.2009

 

Particular

Rs. In Millions

Particular

Rs. In Millions

 

 

 

 

To Drawings

0.180

By Balance B/d

2.423

To Int. On Home Loan

0.125

By Net Profit

1.553

To Medicalaim Insurance

0.018

 

 

 

 

 

 

To Balance C/f

3.653

 

 

 

 

 

 

Total

3.976

Total

3.976

 

 

 

ABRIDGED BALANCE SHEET

(PROJECTION)

(RS IN MILLIONS)

 

SOURCES OF FUNDS

 

 

 

31.03.2009

 

SHAREHOLDERS FUNDS

 

 

 

1] Proprietor’s Capital

 

 

3.653

2] Share Application Money

 

 

0.000

3] Reserves & Surplus

 

 

0.000

4] (Accumulated Losses)

 

 

0.000

NETWORTH

 

 

3.653

LOAN FUNDS

 

 

 

1] Secured Loans

 

 

13.584

2] Unsecured Loans

 

 

2.500

TOTAL BORROWING

 

 

16.084

DEFERRED TAX LIABILITIES

 

 

0.000

 

 

 

 

TOTAL

 

 

19.737

 

 

 

 

APPLICATION OF FUNDS

 

 

 

 

 

 

 

FIXED ASSETS [Net Block]

 

 

3.301

Capital work-in-progress

 

 

0.000

 

 

 

 

INVESTMENT

 

 

1.552

DEFERREX TAX ASSETS

 

 

0.000

 

 

 

 

CURRENT ASSETS, LOANS & ADVANCES

 

 

 

 

Inventories

 

 

0.067

 

Sundry Debtors

 

 

14.861

 

Cash & Bank Balances

 

 

1.673

 

Other Current Assets

 

 

0.000

 

Loans & Advances

 

 

0.533

Total Current Assets

 

 

17.134

Less : CURRENT LIABILITIES & PROVISIONS

 

 

 

 

Current Liabilities

 

 

2.250

 

Provisions

 

 

0.000

Total Current Liabilities

 

 

2.250

Net Current Assets

 

 

14.884

 

 

 

 

MISCELLANEOUS EXPENSES

 

 

0.000

 

 

 

 

TOTAL

 

 

19.737

 

PROFIT & LOSS ACCOUNT

(PROJECTION)

(RS IN MILLIONS)

 

PARTICULARS

 

 

 

31.03.2009

 

Commission Received

 

 

8.500

Other Income

 

 

0.000

Total Income

 

 

8.500

 

 

 

 

Profit/(Loss) Before Tax

 

 

1.553

Provision for Taxation

 

 

0.000

Profit/(Loss) After Tax

 

 

1.553

 

 

 

 

Expenditures :

 

 

 

 

Bank Charges

 

 

0.250

 

Int. Paid on Banks

 

 

1.200

 

Salaries, Wages, Bonus, etc.

 

 

2.000

 

Office Expenses

 

 

0.150

 

Depreciation & Amortization

 

 

0.062

 

Other Expenditure

 

 

3.285

Total Expenditure

 

 

6.947

 

 

REPORT OF VALUATION OF IMMOVABLE PROPERTY

 

GENERAL INFORMANTION

 

1.Purpose for Which Valuation Made

To ascertain present FMV for Corporation Bank, Mulund Branch

 

 

2.Date on which Visit Made

02.12.2008

 

 

3.Name of the Owners

Mr. Dilip Hemandas Punjwani

 

 

4.If the property is under joint ownership co-ownership share of each owner, is the share undivided

Single Ownership

 

 

5.Brief Description of the Property

Flat No 302, 3rd Floor, C – Wing, Swapna Sagar Co-op. Housing Society Limited, Swapna Nagari Off Bal Rajeshwar Road, Mulund (West), Mumbai – 400080, Maharashtra, India

 

They referred to the Xerox copy of following document provided to them.

  1. Agreement for sale dated 14.08.2002 between Mrs. Rita G. Thakur (Seller) and Mr. Dilip Hemandas Punjwani (Purchaser

 

Brief Description:

The industrial property Flat No 302, 3rd Floor, C – Wing, Swapna Sagar Co-op. Housing Society Limited, situated at above address is about 2 kms from mulund (West) railway station. All civix amenities are nearby and within easy reach.

 

The residential building is of ground + upper floor, It is an RCC frame structure having RCC staircase and 1 lift to access ipper floors.

 

Amenities of the property

Granamite tiles flooring, wooden flush doors, powder coated aluminum sliding windows, granite kitchen platform, full height glazed tiles dado in toilets, concealed wiring and plumbing etc. Renovation work of the flat is in progress.

 

Land Mark:

Swapna Nagari

 

Property is boundary by :

East: B Wing

West: Open Plot

North: Swapna Nagari

South: Veena Towers

 

Accommodation:

Accommodation provided in Flat consists of 1 hall, 1 kitchen, 2 bedrooms, W. C. and bath (i.e. 2 BHK)

 

As per measurement the carpet are is 603 sq. ft. with 25% loading, the built up area comes to 754 sq. ft.

 

As per agreement the built up area is 760 sq ft., which is considered for valuation.

 

Notes and Disclaimer:

 

  1. Renovation work of the flat is in progress.

 

  1. They consider the area given in the agreement, declared by the party and submitted for registration with the government authorities as final for valuation purpose. Any area that is not started in the agreement is not considered for valuation.

 

  1. Their valuation is based on their experience and knowledge and this is an opinion only and does not stand as a guarantee for the value it can fetch if disposed, due to any emergency, in future.

 

  1. The legal documents pertaining to the ownership of the above said property has been referred to on its face value and that is presumed that Bank has got the same verified through its legal counsel. They do not certify the veracity of the documents. This report does not certify valid or legal or marketable title of any of the parties over the property. Their report does not cover verification of ownership, title clearance, or legality and subject to adequacy of engineering/ structural design.

 

  1.  This report shout be read along with legal due diligence report. Value assigned herein is subject to this stipulation. It is presumed that the Xerox of document is taken from the originals duly tested and verified by ultra violet lamp machine (UVL) about veracity.

 

  1. Copy of the approved plans not given for their verification and the same may be obtained from the owner.

 

  1. Their valuation is only for the use of the party to whom it is addressed and no responsibility is accepted to any third party for the whole of any part of its contents.

 

  1. Encumbrances of Loan, Government and other dues, stamp duty, registration charges etc. if any are not considered in the assets are free from encumbrances.

 

  1. Their report should be read along with disclaimers. The value given in their report is only an opinion on the FMV as on date. If there is any opinion from others/ Values about increase or decrease in the value of the assets valued by then, they should not be held responsible as the views vary from person to person and based on circumstances. The principle of “BUYERS BEWARE” is applicable in case of any sale/ purchases of assets.  

 

 

6. Location Street, Ward No.

Flat No 302, 3rd Floor, C – Wing, Swapna Sagar Co-op. Housing Society Limited, Swapna Nagari Off Bal Rajeshwar Road, Mulund (West), Mumbai – 400080, Maharashtra, India

 

 

7.Survey Plot No. of Land

Survey No.243, 246, Hissa No.3, CTS No.24 (Plot) 25 (Plot) Village Mulund

 

 

8.It the Property Situated in residential/ Commercial/ Mixed/ Industrial Area

Mixed Area

 

 

9. Classification of locality – High Class/ Middle Class/ Poor Class.

Middle Class

 

 

10.Proximity to civic amenities like schools offices, Hospitals, Market Cinemas etc.

All civic amenities are nearby and within easy reach.

 

 

11.Means and Proximity to surface Communication by which the locality is served

Road, bus, auto taxi private vehicles etc.

 

 

12. a) Is the property owner occupied, tenant, or both

Owner Occupied

b) If partly occupied, specify portion and extent of area under owner occupation.

Owner Occupied

 

 

13. Name and Registration No. of Co-Op. Housing Society.

Swapna Sagar Co-op Housing Society Limited

Regn No. – Bom/ WT/ HSG/ TC/ 6029 of 1991 dated 29.11.1991

 

 

14. Share Certificate No. and Face values.

Share Certificate No.45, Bearing Nos. 221 to 225, Total 5 Shares of Rs.50/- each.

 

 

SALES AND MARKETABILITY

 

1. Give instance of sale of immovable property in the locality on a separate sheet including the name and address of the property, registration No., Sale price and area land sold.

Sales instances are not readily available. As such, local estate agent, builders and other related agencies were contacted to ascertain fair market value.

 

 

2. Market Rates adopted

Prevalent Market Rate:

Rs.5500/- to Rs.6000/- per sq. ft.

 

Rate considered for valuation:

Cost of land: Rs.4500/- per sq. ft.

Cost of Construction (Insurance value): Rs.1200/- per sq. ft.

 

Factors Considered for valuation:

Location and locality facilities and amenities, quality of construction, residential life to building, business potential, residual life of building, business potential, supply of demand, local nearby enquiry, market feed back of investigation.

 

 

3. If sale instances are not available or relied upon, basis of arriving at the land rate.

Enquired with local archites and real estate consultants about the current market rates in that area and on this basis, property is valued under “Selling Price Method”

 

 

PRESENT FAIR MARKET VALUATION

 

Valuation = Area X Rate

 

A] Cost of Land

Area

760 sq. ft.

Rate adopted for valuation

Rs.4500/- per sq. ft.

 

 

Value

Rs.3.420 Millions

 

 

B] Cost of Construction (Insurance Value)

Area

760 sq. ft.

Rate adopted for valuation

Rs.1200/- per sq. ft.

 

 

Value

Rs.0.912 Millions

 

 

Total Value of the property = A + B

                                              =3.420 + 0.912

                                              = Rs.4.332 Millions

 

 

FIXED ASSETS:

 

 

 

 

 


CMT REPORT (Corruption, Money Laundering & Terrorism]

 

The Public Notice information has been collected from various sources including but not limited to: The Courts, India Prisons Service, Interpol, etc.

 

1]         INFORMATION ON DESIGNATED PARTY

No exist designating subject or any of its beneficial owners, controlling shareholders or senior officers as terrorist or terrorist organization or whom notice had been received that all financial transactions involving their assets have been blocked or convicted, found guilty or against whom a judgement or order had been entered in a proceedings for violating money-laundering, anti-corruption or bribery or international economic or anti-terrorism sanction laws or whose assets were seized, blocked, frozen or ordered forfeited for violation of money laundering or international anti-terrorism laws.

 

2]         Court Declaration :

No records exist to suggest that subject is or was the subject of any formal or informal allegations, prosecutions or other official proceeding for making any prohibited payments or other improper payments to government officials for engaging in prohibited transactions or with designated parties.

 

3]         Asset Declaration :

No records exist to suggest that the property or assets of the subject are derived from criminal conduct or a prohibited transaction.

 

4]         Record on Financial Crime :

            Charges or conviction registered against subject:                                                  None

 

5]         Records on Violation of Anti-Corruption Laws :

            Charges or investigation registered against subject:                                                          None

 

6]         Records on Int’l Anti-Money Laundering Laws/Standards :

            Charges or investigation registered against subject:                                                          None

 

7]         Criminal Records

No available information exist that suggest that subject or any of its principals have been formally charged or convicted by a competent governmental authority for any financial crime or under any formal investigation by a competent government authority for any violation of anti-corruption laws or international anti-money laundering laws or standard.

 

8]         Affiliation with Government :

No record exists to suggest that any director or indirect owners, controlling shareholders, director, officer or employee of the company is a government official or a family member or close business associate of a Government official.

 

9]         Compensation Package :

Our market survey revealed that the amount of compensation sought by the subject is fair and reasonable and comparable to compensation paid to others for similar services.

 

10]        Press Report :

            No press reports / filings exists on the subject.

 

 

CORPORATE GOVERNANCE

 

MIRA INFORM as part of its Due Diligence do provide comments on Corporate Governance to identify management and governance. These factors often have been predictive and in some cases have created vulnerabilities to credit deterioration.

 

Our Governance Assessment focuses principally on the interactions between a company’s management, its Board of Directors, Shareholders and other financial stakeholders.

 

 

CONTRAVENTION

 

Subject is not known to have contravened any existing local laws, regulations or policies that prohibit, restrict or otherwise affect the terms and conditions that could be included in the agreement with the subject.

 

 

FOREIGN EXCHANGE RATES

 

Currency

Unit

Indian Rupees

US Dollar

1

Rs.47.82

UK Pound

1

Rs.73.08

Euro

1

Rs.65.56

 

 

SCORE & RATING EXPLANATIONS

 

SCORE FACTORS

 

RANGE

POINTS

HISTORY

1~10

6

PAID-UP CAPITAL

1~10

5

OPERATING SCALE

1~10

5

FINANCIAL CONDITION

 

 

--BUSINESS SCALE

1~10

6

--PROFITABILIRY

1~10

4

--LIQUIDITY

1~10

5

--LEVERAGE

1~10

5

--RESERVES

1~10

5

--CREDIT LINES

1~10

5

--MARGINS

-5~5

-

DEMERIT POINTS

 

 

--BANK CHARGES

YES/NO

YES

--LITIGATION

YES/NO

NO

--OTHER ADVERSE INFORMATION

YES/NO

NO

MERIT POINTS

 

 

--SOLE DISTRIBUTORSHIP

YES/NO

NO

--EXPORT ACTIVITIES

YES/NO

NO

--AFFILIATION

YES/NO

YES

--LISTED

YES/NO

NO

--OTHER MERIT FACTORS

YES/NO

YES

TOTAL

 

46

 

This score serves as a reference to assess SC’s credit risk and to set the amount of credit to be extended. It is calculated from a composite of weighted scores obtained from each of the major sections of this report. The assessed factors and their relative weights (as indicated through %) are as follows:

 

Financial condition (40%)            Ownership background (20%)                 Payment record (10%)

Credit history (10%)                    Market trend (10%)                                Operational size (10%)

 


 

RATING EXPLANATIONS

 

RATING

STATUS

 

 

PROPOSED CREDIT LINE

>86

Aaa

Possesses an extremely sound financial base with the strongest capability for timely payment of interest and principal sums

 

Unlimited

71-85

Aa

Possesses adequate working capital. No caution needed for credit transaction. It has above average (strong) capability for payment of interest and principal sums

 

Large

56-70

A

Financial & operational base are regarded healthy. General unfavourable factors will not cause fatal effect. Satisfactory capability for payment of interest and principal sums

 

Fairly Large

41-55

Ba

Overall operation is considered normal. Capable to meet normal commitments.

 

Satisfactory

26-40

B

Unfavourable & favourable factors carry similar weight in credit consideration. Capability to overcome financial difficulties seems comparatively below average.

 

Small

11-25

Ca

Adverse factors are apparent. Repayment of interest and principal sums in default or expected to be in default upon maturity

 

Limited with full security

<10

C

Absolute credit risk exists. Caution needed to be exercised

 

 

Credit not recommended

NR

In view of the lack of information, we have no basis upon which to recommend credit dealings

No Rating

 

 

 

PRIVATE & CONFIDENTIAL : This information is provided to you at your request, you having employed MIPL for such purpose. You will use the information as aid only in determining the propriety of giving credit and generally as an aid to your business and for no other purpose. You will hold the information in strict confidence, and shall not reveal it or make it known to the subject persons, firms or corporations or to any other. MIPL does not warrant the correctness of the information as you hold it free of any liability whatsoever. You will be liable to and indemnify MIPL for any loss, damage or expense, occasioned by your breach or non observance of any one, or more of these conditions