MIRA INFORM REPORT

 

 

 

Report Date :

13.05.2011

 

IDENTIFICATION DETAILS

 

Name :

VIDEOCON TELECOMMUNICATIONS LIMITED (w.e.f. 20.04.2011)

 

 

Formerly Known As :

DATACOM SOLUTIONS LIMITED (w.e.f. 12.11.2009)

DATACOM SOLUTIONS PRIVATE LIMITED

 

 

Registered Office :

171 – C, 17th Floor, Mittal Court, C Wing, Nariman Point, Mumbai – 400021, Maharashtra

 

 

Country :

India

 

 

Financials (as on) :

30.09.2009

 

 

Date of Incorporation :

07.06.2007

 

 

Com. Reg. No.:

16-204763

 

 

Capital Investment / Paid-up Capital :

Rs.5400.000 Millions

 

 

CIN No.:

[Company Identification No.]

U72900MH2007PLC204763

 

 

Legal Form :

A Closely Held Public Limited Liability Company

 

 

Line of Business :

Providing Telecommunication Services

 

 

No. of Employees :

Not Divulged

 

 

RATING & COMMENTS

 

MIRA’s Rating :

B

 

RATING

STATUS

 

PROPOSED CREDIT LINE

26-40

B

Capability to overcome financial difficulties seems comparatively below average.

Small

 

Maximum Credit Limit :

USD 21600000

 

 

Status :

Yet to commence business

 

 

Payment Behaviour :

Usually Correct

 

 

Litigation :

Clear

 

 

Comments :

Subject is a subsidiary of Videocon International Electronics Limited. It is a relatively new company and yet to commence its commercial business activities. Trade relations are reported as fair. Payments are reported to be usually correct and as per commitments.

 

Venugopal Dhoot, Videocon Group Chairman and Rajkumar Dhoot, Managing Director Videocon Telecommunications Limited appeared before the CBI in connection with the probe into 2G telecom spectrum scam. Datacom Solutions, which later changed its name to Videocon Telecommunications was the first to get a spectrum licence in several circles across India.  

 

Keeping in view the aforesaid, it would be advisable to enter into business dealings on a secured trade terms and conditions.

 

The Profit and Loss of the Company is not available.

 

NOTES :

Any query related to this report can be made on e-mail : infodept@mirainform.com while quoting report number, name and date.

 

INFORMATION DECLINED BY

 

Name :

Mr. Chandrashekar Nagarkar

Designation :

Finance Controller

Contact No.:

91-22-42555000

Date :

11.05.2011

 

 

LOCATIONS

 

Registered Office :

171 – C, 17th Floor, Mittal Court, C Wing, Nariman Point, Mumbai – 400021, Maharashtra, India

Tel. No.:

91-22-42555000

E-Mail :

corp.secretarial@videocon.com

canagarkar@gmail.com

 

 

DIRECTORS

 

As On 31.12.2009

 

Name :

Mr. Pradipkumar Dhoot

Designation :

Director

Address :

Flat No. 99, Videocon House, 1st Floor, Manav Mandir Road, Napeansea Road, Mumbai – 400006, Maharashtra, India

Date of Birth/Age :

22.03.1960

Date of Appointment :

12.12.2007

DIN No. :

01635315

 

 

Name :

Mr. Rajkumar Nandlal Dhoot

Designation :

Managing Director

Address :

Dhoot Bunglow, Station Road, Padampura, Aurangabad – 431001, Maharashtra, India

Date of Birth/Age :

11.09.1955

Date of Appointment :

12.12.2007

DIN No. :

00419480

 

 

Name :

Mr. Subhash Shamsunder Dayama

Designation :

Director

Address :

Sukharta Society, Nagar Pune Road, Kinetic Chowk, Near Railway, Ahmednagar – 414001, Maharashtra, India

Date of Birth/Age :

05.05.1961

Date of Appointment :

10.06.2008

DIN No. :

00217692

 

 

Name :

Mr. Kuldeep Kumar Drabu

Designation :

Director

Address :

C – 1/13, DLF Qutub Enclave, Phase I, Gurgaon – 122002, Haryana, India

Date of Birth/Age :

30.09.1958

Date of Appointment :

12.12.2007

Date of Cessation :

24.09.2009

DIN No. :

00087481

 

 

Name :

Manjit Singh

Designation :

Director

Address :

B-54, Sector 14, Noida – 201301, Uttar Pradesh, India

Date of Birth/Age :

01.10.1944

Date of Appointment :

22.08.2009

Date of Cessation :

18.09.2009

DIN No. :

01747143

 

 

Name :

Shriyans Kumar Jain

Designation :

Director

Address :

BE-43, Janak Puri, New Delhi – 110058, India

Date of Birth/Age :

09.04.1945

Date of Appointment :

22.08.2007

Date of Cessation :

14.03.2009

DIN No. :

01565460

 

 

Name :

Mr. Mahendra Nahata

Designation :

Additional Director

Address :

93, Phase VI, MOhali – 160055, Punjab, India

Date of Birth/Age :

19.05.1959

Date of Appointment :

10.06.2008

Date of Cessation :

15.12.2008

DIN No. :

00052898

 

 

Name :

Mr. Sunil Kumar Kulshrestha

Designation :

Additional Director

Address :

A-719, Mea Apartments, Sector 62, Noida – 201307, Uttar Pradesh, India

Date of Birth/Age :

26.05.1953

Date of Appointment :

15.12.2008

Date of Cessation :

18.09.2009

DIN No. :

01070854

 

 

Name :

Mr. Surendra Lunia

Designation :

Additional Director

Address :

H. No. 607, Sector 36-B, Chandigarh – 160036, India

Date of Birth/Age :

18.10.1962

Date of Appointment :

14.03.2009

Date of Cessation :

18.09.2009

DIN No. :

00121156

 

 

Name :

Mr. Anil Kumar Aggarwal

Designation :

Director

Address :

506 Surya Kiran 19 Kasturba Gandhi Marg, New Delhi – 110001, India

Date of Birth/Age :

15.07.1968

DIN No. :

00207013

 

 

Name :

Mr. Kamal Kumar Sharma

Designation :

Director

Address :

93, Phase VI, Mohali – 160055, Punjab, India

Date of Birth/Age :

02.09.1959

DIN No. :

00606090

 

 

KEY EXECUTIVES

 

Name :

Mr. Chandrashekhar Ashok Nagarkar

Designation :

Company Secretary / Finance Controller

Address :

37/5, Omkar Apartment, Renavikar Nagar, Savedi, Ahmednagar – 414003, Maharashtra, India

Date of Birth/Age :

17.03.1976

Date of Appointment :

10.06.2008

Pan No. :

ACMPN7915R

 

 

MAJOR SHAREHOLDERS / SHAREHOLDING PATTERN

 

As on 31.12.2009

 

Names of Shareholders

 

 

No. of Shares

Videocon Industries Limited, India

 

56000000

Videocon International Electronics Limited, India

 

429999960

Jumbo Techno Services Private Limited, India

 

54000000

Dhoot Nandlal Venugopal

 

10

Dhoot Nandlal Pradipkumar

 

10

Dhoot Nandlal Rajkumar

 

10

Dhoot Pradipkumar Saurabh

 

10

Total

 

540000000

 

As on 23.01.2010

 

List of Allottees

 

 

No. of Shares

Videocon Industries Limited, India

 

99552000

Videocon International Electronics Limited, India

 

764448000

Jumbo Techno Services Private Limited, India

 

96000000

Total

 

960000000

 

As on 31.12.2009

 

Equity Share Breakup

 

Percentage of Holding

Category

 

 

Bodies corporate

 

100.00

 

Total

100.00

 

 

BUSINESS DETAILS

 

Line of Business :

Providing Telecommunication Services

 

 

 

 

GENERAL INFORMATION

 

Bankers :

Not Available

 

 

Facilities :

Secured Loans

30.09.2009

(Rs. In Millions)

31.08.2008

(Rs. In Millions)

Short term loans from banks

15690.271

9990.000

Vehicle loans from banks (repayable within one year Rs.15693.134 millions (previous year Rs.9991.789 millions)

5.096

6.982

Total

15695.367

9996.982

 

Notes:

 

Short term loans of Rs.12110.290 millions (previous year Rs.9990.000 millions) are secured by negative lien on the telecom licence, pledge/non disposal undertaking of shares of the company held by the ultimate holding company Videocon Industries Limited (VIL)

 

Shore term loan of Rs.3579.980 millions (previous year Nil) will be secured by first pari-passu charge on the assets of the company after conversion of the loan into project loan under syndication. Till then the loan is secured by first pari-passu charge on a property owned by Videocon Industries Limited, the ultimate holding company.

 

These loans are further secured by corporate guarantee of Videcon Industries Limited and personal guarantees of Shri. V. N. Dhoot, Shri P. N. Dhoot and Shri R. N. Dhoot

 

Vehicle loans from banks are secured by way of hypothecation of vehicles acquired out of the said loans.

 

Unsecured Loans

30.09.2009

(Rs. In Millions)

31.08.2008

(Rs. In Millions)

From Holding Companies

3409.806

8292.328

From Others

7.746

7.746

Total

3417.552

8300.074

 

Financial Institute :

SBICAP Trustee Company Limited - 202, Maker Tower, 'E', Cuffe Parade, Colaba, Mumbai – 400005, Maharashtra, India

 

 

Banking Relations :

-

 

 

Auditors :

 

Name :

Khandelwal Jain and Company

Chartered Accountant

Address :

221, Hans Bhawan, Bahadur Shah Zafar Marg, New Delhi – 110002, India

Pan No. :

AAAFK0985C

 

 

Name :

Kadam and Company

Chartered Accountant

Address :

“Vedant” 8/9, Viraj Estate, Opposite Tarakpur Bus Stand, Ahmednagar – 414003, Maharashtra, India

Pan No. :

ABBPK8294J

 

 

Holding Company :

  • Videocon International Electronics Limited (a subsidiary Videocon Industries Limited)

CIN: U32100MH2003PLC142232

 

 

Ultimate Holding Company :

  • Videocon Industries Limited

 

 

Subsidiary :

  • Datacom Telecommunications Private Limited

CIN: U64201PB2008PTC031630

 

 

Associates :

  • Jumbo Techno Services Private Limited
  • Senior Consulting Private Limited (Holding Company of Jumbo Techno Services Private Limited)

 

 

CAPITAL STRUCTURE

 

As on 30.09.2009

 

Authorised Capital :

No. of Shares

Type

Value

Amount

4000000000

Equity Shares

Rs.10/- each

Rs.40000.000 Millions

4000000000

Preference Shares

Rs.10/- each

Rs.40000.000 Millions

 

Total

 

Rs.80000.000 millions

 

Issued, Subscribed & Paid-up Capital :

No. of Shares

Type

Value

Amount

540000000

Equity Shares

Rs.10/- each

Rs.5400.000 Millions

 

 

 

 

 

 

 

 

 

 

 

 


 

FINANCIAL DATA

[all figures are in Rupees Millions]

 

ABRIDGED BALANCE SHEET

 

SOURCES OF FUNDS

 

 

30.09.2009

31.08.2008

SHAREHOLDERS FUNDS

 

 

 

1] Share Capital

 

5400.000

1500.000

2] Share Application Money

 

0.000

0.000

3] Reserves & Surplus

 

0.000

0.000

4] (Accumulated Losses)

 

0.000

0.000

NETWORTH

 

5400.000

1500.000

LOAN FUNDS

 

 

 

1] Secured Loans

 

15695.367

9996.982

2] Unsecured Loans

 

3417.552

8300.074

TOTAL BORROWING

 

19112.919

18297.056

DEFERRED TAX LIABILITIES

 

0.000

0.000

 

 

 

 

TOTAL

 

24512.919

19797.056

 

 

 

 

APPLICATION OF FUNDS

 

 

 

 

 

 

 

FIXED ASSETS [Net Block]

 

43.485

26.549

Capital work-in-progress

 

21045.601

17036.031

Preoperative Expenditure Pending Allocation

 

6382.002

1107.459

 

 

 

 

INVESTMENT

 

0.499

0.499

DEFERREX TAX ASSETS

 

0.000

0.000

 

 

 

 

CURRENT ASSETS, LOANS & ADVANCES

 

 

 

 

Inventories

 
0.000

0.000

 

Sundry Debtors

 
0.000

0.000

 

Cash & Bank Balances

 
1605.621

854.438

 

Other Current Assets

 
82.228

44.686

 

Loans & Advances

 
304.739

802.239

Total Current Assets

 
1992.588

1701.363

Less : CURRENT LIABILITIES & PROVISIONS

 

 

 

 

Sundry Creditors

 
2551.177

54.632

 

Other Current Liabilities

 
2396.485

19.176

 

Provisions

 
3.594

1.037

Total Current Liabilities

 
4951.256

74.845

Net Current Assets

 
(2958.668)

1626.518

 

 

 

 

MISCELLANEOUS EXPENSES

 

0.000

0.000

 

 

 

 

TOTAL

 

24512.919

19797.056

 

 

KEY RATIOS

 

PARTICULARS

 

 

 

30.09.2009

31.08.2008

Debt Equity Ratio

(Total Liability/Networth)

 

 

4.46

12.71

 

 

 

 

 

Current Ratio

(Current Asset/Current Liability)

 

 

0.40

22.73

 

 

LOCAL AGENCY FURTHER INFORMATION

 

Details of Sundry Creditors:

 

Particulars

 

 

30.09.2009

 (Rs. in millions)

               31.08.2008

(Rs. in millions)

Sundry Creditors

 

 

 

- Due to Micro, Small and Medium Enterprises

 

--

--

- Due to Others

 

2551.177

54.632

 

Note:

The Registered office of the company has been shifted from 3055, Sector – 70, S.A.S. Nagar, Mohali – 160071, Punjab, India to the present address w.e.f 10.06.2010

 

OPERATIONS AND PERFORMANCE:

 

The Company has been awarded UAS License for 21 circles by the Department of Telecommunications, Ministry of Communications and IT, Government of India.

 

During the year, the Company started taking necessary steps for roll-out of services. The Company has initiated the process of erecting the necessary infrastructure required for providing the GSM services in different circles. The Company also is in advanced stage of syndicating the necessary finances for the proposed capital expenditure programme and is in discussions with various banks/financial institutions for the same. The Company is also completing the market research in various circles.

 

The financial year of the Company was extended by one month and as such the year has ended on 30.09.2009. This has been done to bring the financial year of the company in line with that of the holding company.

 

As of 30th September, 2009, the total pre-operative expenditure pending allocation, stands at Rs.6382.002 millions (previous year Rs.1107.459 millions).

 

During the period, the Company has further augmented its equity capital. The paid-up capital of the Company has increased from Rs.1500.000 millions to Rs.5400.000 millions.

 

Corporate identity number of the company

U72900MH2007PLC204763

Name of the company

 VIDEOCON TELECOMMUNICATIONS LIMITED

Address of the registered office or of the principal place of  business in India of the company

171-C, 17TH Floor, Mittal Court, C Wing, Nariman Point, Mumbai - 400021, Maharashtra, India

 

This form is for

Creation of charge

Type of charge

Immovable Property

Movable Property

As per attached Indenture of Mortgage

Particular of charge holder

Name :

SBICAP Trustee Company Limited

Address :

202, Maker Tower, 'E', Cuffe Parade, Colaba, Mumbai – 400005, Maharashtra, India

Email :

vishwas.pathak@sbicaps.com

Nature of instrument creating charge

Indenture of Mortgage dated 11.10.2010 executed in favour of SBICAP Trustee Company Limited acting as Security Trustee for the financial assistance aggregating of Rs.71500.000 millions given to the company to secure the lenders (list of lenders is attached).

Date of instrument Creating the charge

11.10.2010

Amount secured by the charge

Rs.71500.000 millions

Brief of the principal terms an conditions and extent and operation of the charge

Rate of Interest - At SBAR present effective rate, 11.75% p.a. (floating) with annual reset of spread from the date of first disbursement, applicable at monthly rests.

 

Terms of Repayment - To be repaid in 26 quarterly structured installments commencing at the end of the quarter after the availability period.

 

Extent and Operation of the charge - The charge shall operate as security for due repayment by the Company to the Lenders of their Rupee Loan of Rs.71500.000 millions together with interest, liquidated damages, costs, charges and expenses and all other monies payable by the Company to the Lenders in terms of the Loan Agreement dated 31.05.2010 entered into by the Company with the Lenders.

Particulars of the property charged

Freehold DDA Flat No. 254, First Floor, Block B, Pocket 5, Janta Category Sector 11, situated in Layout plan in  Rohini, New Delhi - 110 085 together with all the plant and machinery, fixtures and fittings, both present and future.

 

Contingent Liabilities:

 

Contingent Liabilities not provided for in respect of:

 

Particulars

30.09.2009

(Rs. in Millions)

Letters of Guarantees

8809.095

Letters of Credit

973.495

 

 

 

FIXED ASSETS:

 

v      Plant and machinery

v      Furniture and fixture

v      Computer

v      Office equipment

v      Vehicles

v      Computer-software

 

WEBSITE DETAILS:

 

PRESS RELEASES:

 

DATACOM TO BE NAMED AS VIDEOCON TELECOMMUNICATIONS LIMITED; SERVICE LAUNCH NEXT MONTH

 

New entrant Datacom is finally set to launch its GSM-based mobile services after a prolonged delay. Furthermore, the company is also set to change its name from Datacom to Videocon Telecommunications Limited (VTL) reports the Hindustan Times.


The name change signifies the change in management control rights. In fact the firm was involved in a bitter dispute over the management control rights issue with the HFCL promoters Nahatas and Dhoots of the Videocon Group staking claim over the management control rights of the firm.


The Nahatas own 36% stake in the JV. He is set to receive Rs.14000.000 millions to offload his entire stake in Datacom.

The differences over management control scaled to such an extent that things almost came to a standstill for more than a year.


This also led to exit of the company’s CEO, Ravi Sharma and others at helm. Finally R.N. Dhoot took over charge of the company affairs and is now assisted by his other brother P.N. Dhoot.


Things at Datacom had started to look positive when the company awarded IT outsourcing contract to IBM and also inked a tower sharing agreement with Aircel and Datacom. The company’s advertising contract was also up for grabs and Singapore-based T.A.G was a front runner to bag the contract. For wireless equipment the company had signed a MoU with Huawei.


The company is scheduled to launch its mobile services next month starting with Mumbai circle to be followed by Tamil Nadu and Punjab.

 

CBI QUESTIONS DHOOT BROTHERS ON 2G SCAM; SHOURIE MISSES DATE

 

BS Reporter / New Delhi February 22, 2011, 0:47 IST

 

Videocon Group Chairman Venugopal Dhoot appeared before the Central Bureau of Investigation (CBI) today in connection with the probe into the 2G telecom spectrum scam. Dhoot, with his brother and Rajya Sabha MP, Rajkumar Dhoot, was questioned for five hours.

 

The brothers arrived before the investigating agency at 11 am and left in the evening.

 

Datacom Solutions, which later became Videocon Telecommunications, had made ‘false’ declarations to the Department of Telecommunications (DoT) on its paid-up capital. Months later, the company gave the corrected version to the government. CBI is learnt to have questioned the brothers on the anomaly linked to the paid-up capital amount.

 

The agency had recently questioned the brass of companies which had received a telecom licence in 2007-2008. Those already interrogated include Reliance ADAG chairman Anil Ambani, Essar CEO Prashant Ruia and Unitech MD Sanjay Chandra.

 

In its report tabled in Parliament during the winter session, the Comptroller and Auditor General (CAG) had noted out that Datacom Solutions, in August 2007, had shown its paid-up capital at Rs.1500.000 millions while appealing for a telecom licence to the DoT. However, the documents filed along with this declaration failed to match this claim.

 

Videocon Telecommunication was among the first in queue to get a spectrum licence in several circles across India. The CAG believed DoT had made out-of-turn favours to certain companies. HFCL’s Mahendra Nahata, who had a stake in Datacom earlier, may also be questioned in this connection.

 

Meanwhile, former telecom minister Arun Shourie, who was scheduled to meet CBI officials today, could not come due to a personal emergency. Shourie, who was telecom minister in the NDA regime, was called for consultation on the spectrum policies followed since 2001.

 

The agency along with the Enforcement Directorate is likely to question A Kalia Perumal, brother of jailed ex-telecom minister A Raja. The CBI has also summoned Raja’s close aide, Sadiq Batcha to appear for questioning on Wednesday.

 

Datacom Solutions, which later became Videocon Telecommunications, had made ‘false’ declarations to the Department of Telecommunications (DoT) on its paid-up capital. Months later, the company gave the corrected version to the government. CBI is learnt to have questioned the brothers on the anomaly linked to the paid-up capital amount.

 

The agency had recently questioned the brass of companies which had received a telecom licence in 2007-2008. Those already interrogated include Reliance ADAG chairman Anil Ambani, Essar CEO Prashant Ruia and Unitech MD Sanjay Chandra.

 

In its report tabled in Parliament during the winter session, the Comptroller and Auditor General (CAG) had noted out that Datacom Solutions, in August 2007, had shown its paid-up capital at Rs.1500.000 millions while appealing for a telecom licence to the DoT. However, the documents filed along with this declaration failed to match this claim.

 

Videocon Telecommunication was among the first in queue to get a spectrum licence in several circles across India. The CAG believed DoT had made out-of-turn favours to certain companies. HFCL’s Mahendra Nahata, who had a stake in Datacom earlier, may also be questioned in this connection.

 

Meanwhile, former telecom minister Arun Shourie, who was scheduled to meet CBI officials today, could not come due to a personal emergency. Shourie, who was telecom minister in the NDA regime, was called for consultation on the spectrum policies followed since 2001.

 

The agency along with the Enforcement Directorate is likely to question A Kalia Perumal, brother of jailed ex-telecom minister A Raja. The CBI has also summoned Raja’s close aide, Sadiq Batcha to appear for questioning on Wednesday.

 

I-T report on 2G scam nails DB Realty, Swan Telecom, ADAG link

 

The Income Tax department's status report on the role played by Swan Telecom and Videocon in the 2G scam has called into question transactions by two Reliance companies and Shahid Balwa's DB Realty just days before the licence was disbursed. The 1,500-page document will be filed with the Supreme Court on Monday by the I-T department's Mumbai division.


According to the report, on the day Swan Telecom acquired the 2G spectrum license, Rs.9200.000 millions were transferred from Reliance Communications to the account of Swan Telecom through a Mauritius-based company, Tiger Trading Private Limited This money was from the sale of preferential shares of the company at a premium of Rs 999 each. Swan Telecom later transferred this money to Reliance Telecom.


Though these transactions were shown as payments made towards buying passive assets, I-T sources say it was a ploy to circulate money from one Anil Dhirubhai Ambani Group ( ADAG )) company to Swan, and then back to another company owned by the group.


"The eligibility of 2G license demanded that the company must have assets worth Rs.10000.000 millions and liquidity of at least Rs.1000.000 millions. The transactions were done to ensure that Swan met the criteria on the day it acquired the license," the I-T official, who asked not to be named, told Mumbai Mirror. "After that, the agreements were cancelled and the money returned to Reliance. Though the companies haven't faulted on their I-T returns, the transfer of funds is doubtful and must be investigated by the Department of Telecom (DoT)," he added.

Also indicting DB Realty, the report raised doubts over its share trading when it took the 2G license through Swan. It said that DB sold one share of the company for Rs.0.600 million and another for a whopping Rs.1060.000 millions, in order to create liquidity. "There are very obvious discrepancies in this transaction and must be investigated," the official said.


As far as Videocon is concerned , while the report found the company's dealings to be clean in most part, it raised a red flag over how the company's shares traded at the same price as before on the day it acquired the license. It also expressed suspicion on Videocon's sudden acquisition of the thendefunct HFCL, a telecom equipment manufacturer. "This is surprising and the DoT should investigate this matter," the report noted.


High-profile corporates, including Shahid Balwa, and politicians, such as A Raja, have been put in jail in connection with the 2G scam. Reliance has repeatedly denied any role in the scam but Anil Ambani was questioned in connection with it. The company has maintained that it exited Swan after the dual spectrum policy was implemented and the stakes were bought by DB Realty. Soon after acquiring the license for Rs.15370.000 millions, DB sold 45 per cent stake to the UAE-based Etisalat for Rs.42000.000 millions.


The allocations were authorised by then telecom minister, Raja, who changed rules midway through the process and advanced the date of application to favour Swan Telecom and Unitech. Further, the spectrum was sold at rates set in 2001, flouting guidelines set by Telecom Regulatory Authority of India (TRAI), which had asked for the sale to take place at the 2008 market rate.

 

RADIA'S ROLE TO BE PROBED IN 2G CASE: CBI

 

November 22, 2010 20:00 IST

 

The role of corporate lobbyist Neera Radia would be examined by the Central Bureau of Investigation on Monday in the 2G spectrum allocation case in which the irregularities were of 'enormous magnitude', with international ramifications, the agency on Monday told the Supreme Court.

 

The CBI, which filed a fresh affidavit, said the telephonic conversation between Radia and others were being examined and she would be called for questioning at an appropriate time.

 

"It should be pointed out that the recordings, which are the main basis of investigation regarding her role, are still being examined. It is only when the materials based on these calls are cross-checked, verified and relevant evidence on matters disclosed by these calls are obtained through investigation, entirety of the material would be put to Radia at an appropriate time," the agency said in its seven-page affidavit.

 

While admitting that the case in which the FIR was registered against unknown persons in October 2009 is of 'enormous magnitude', the CBI said that the investigation was "not merely confined to India alone, but also has ramifications in various foreign countries."

 

It also gave the list of companies whose premises were raided and searched during the investigations in different parts of the country.

 

The companies named in the affidavit are -- Unitech Wireless Private Limited having its branches in different telecom circles, S.Tel Limited, Shyam Telelinks Limited, Swan Telecom Private Limited, Datacom Solution Private Limited, Loop Telecom Private Limited, Tata Teleservices Limited, Allianz Infratech Private Limited, Spice Communication Limited and Idea Cellular Limited

 

"More than 20 searches have been carried out so far. The searches carried out as well as the seizures made by the CBI have resulted into the retrieval of as many as 866 documents/ files running into about 82,665 pages," the affidavit said.

 

"The exercise is a prolonged and painstaking one and is still continuing as recordings of 5,851 calls, many of them being 30-40 minutes-long, have to be listened to and analysed," it said, adding about 3,500 calls have been analysed so far.

 

"It is submitted that investigation of the cases of this mammoth dimension require considerable time to conclude," the CBI affidavit said.

 

2G ALLOCATION: DHOOT, NAHATA WERE PRESENT IN DOT BUILDING, SAY OFFICIALS TO CBI

 

NEW DELHI: Four Department of Telecom officials, who oversaw the crucial formalities of 2G allocation on January 10, 2008, have told CBI that Rajya Sabha MP Rajkumar Dhoot of Videocon group was present in the reception area of DoT building where applicants were completing various formalities and complying with Letters of Intent.

They have also told CBI that HFCL's Mahendra Nahata created "disturbance and chaos" and had to be escorted out by security personnel on the crucial day of the controversial allocation of licence and spectrum of 2G.


Videocon and HFCL together own Datacom Solutions, which won 2G spectrum and licence in several circles. The CBI has already questioned both R K Dhoot and his elder brother Venugopal Dhoot as well as Nahata. Datacom was originally owned by HFCL but was later named Videocon Telecommunications, after the Dhoots picked up stake in it.


When contacted, Nahata told TOI, "I was there and was shocked at getting a rejection letter so I wanted to submit a protest letter right then, but was told that at that time, only LOIs were being dealt with so I was escorted out by security." Rajkumar Dhoot was not available for his reaction.


The CBI has made four DoT officials -- Kirthy Kumar, S K Saxena, S E Rizwi and S C Sharma -- witnesses in the 2G spectrum scam case. These eyewitnesses have given the agency a detailed description of what happened on January 10, 2008, when DoT opened counters for receipt of documents, bank guarantees, demand drafts and compliances of Letters of Intent for UAS licences for 2G.


The CBI has told the 2G trial court that "physical fitness" of the applicants became the deciding factor in the grant of licences on that crucial day. The priority list under first-come first-served basis was to be decided on when they applied, but then telecom minister A Raja changed it to who completed the formalities on January 10, 2008, such as submission of demand draft. Added to it, the counters were open for just a few hours, creating chaos in the DoT office.


DoT officials told CBI that Dhoot managed to gain entry inside the hall where counters were set up for receipt of documents. He entered the area on the basis of his Rajya Sabha I-card and claimed he had come to ensure everything was being done transparently as he was also a member of the parliamentary standing committee on communications and IT, the officials told CBI.


Kumar, who was then deputy director general in charge of overall security, said, "No other person (apart from DoT officials and those representatives of telecom companies with documents) was allowed to remain in the reception area." Confirming Dhoot's presence, Kumar said, "Being an MP, I couldn't evict him from the reception. However, one Nahata of HFCL entered the reception area without any LOI or any document and was trying to hinder smooth functioning of the process of receipt of the said documents and was also indulging in a scuffle with other representatives standing in the queue having valid documents."


S C Sharma, an upper division clerk of DoT, said in his statement, "Dhoot didn't obstruct or block the entry gate of reception. He also didn't instruct any of us to show any favour to any of the companies. He left the room immediately when the process of deposit of LOI started."


He added, "The Hon'ble MP was going out and coming in the reception room/counter and while he was trying to manage the entry of some representatives in the reception room, other representatives had exchange of hot talks (sic) with him."


Another eyewitness Sudhir Saxena, then a director in the telecom ministry, told CBI that around 3.30 pm that day, all unauthorized persons were asked to vacate the reception area and only those with LOI's were permitted to remain.

 

2G SPECTRUM SCAM

 

Response to scam

 

In early November 2010 Telecom Minister A Raja resigned.

 

In mid November the comptroller Vinod Rai issued show-cause notices to Unitech, S Tel, Loop Mobile, Datacom (Videocon), and Etisalat to respond to his assertion that all of the 85 licenses granted to these companies did not have the up-front capital required at the time of the application and were in other ways illegal. Some media sources have speculated that these companies will receive large fines but not have their licenses revoked, as they are currently providing some consumer service.

 

In response to the various allegations, the Government of India has replaced the then incumbent Telecom minister, A. Raja with Kapil Sibal who has taken up this charge in addition to being the Union minister for Human Resources Development. Mr Sibal contends that the "notional" losses quoted are a result of erroneous calculations and insists that the actual losses are nil.

 

The CBI conducted raids on Raja and four other telecom officials - former telecom secretary Siddharth Behura, Raja's personal secretary R K Chandolia, member telecom K Sridhar and DoT deputy director general A K Srivastava on 8 December 2010.

 

Arrests and Chargesheets

 

On February 2, 2011, the CBI arrested former Telecommunications Union Minister A. Raja. The CBI also arrested R.K. Chandolia, Raja's personal aide, and Siddharth Behura, the former Telecom Secretary. Both A. Raja and R.K Chandolia are heard in conversation with Niira Radia in the released Radia tapes.

 

On February 8, 2011, the CBI arrested Mumbai based Dynamix Balwas (DB) group managing director Shahid Usman Balwa in connection with the 2G spectrum allocation scam. The CBI has evidence from the Income Tax department that Shahid Usman Balwa, considered close to A. Raja, was instrumental in channelling the kickbacks allegedly received by the former telecom minister.

 

On March 29, 2011, in Delhi, the CBI arrested Asif Balwa (younger brother of the arrested former Managing Director of DB-Etisalat Group, Shahid Balwa) and Rajeev Agarwal for their alleged involvement in money transfer to the Dravida Munnetra Kazhagam's (DMK) Kalaignar TV channel.

 

On April 2, 2011, the CBI filed its first 80,000 page chargesheet in the 2G spectrum scam before a Special Court in Delhi naming nine individuals and three companies. It said the wrongful acts of the accused deprived the government exchequer of possible revenues amounting to INR Rs.309850.000 millions (USD $ 6,983,322,233). The accused include the following individuals:

 

1) A. Raja, arrested former Telecom minister 2) Siddharth Behura, arrested former Telecom Secretary 3) R.K. Chandolia, A. Raja's arrested former personal secretary 4) Shahid Usman Balwa, arrested former Director of Swan Telecom (now Etisalat DB) 5) Sanjay Chandra, Managing Director of Unitech Limited and Unitech Wireless 6) Gautam Doshi, Group MD, Reliance Anil Dhirubhai Ambani Group 7) Hari Nair, Senior Vice-President, Reliance Anil Dhirubhai Ambani Group 8) Surendra Pipara, Senior Vice-President, Reliance Anil Dhirubhai Ambani Group and Reliance Telecom Limited 9) Vinod Goenka, Director, Swan Telecom and Managing Director of DB Realty

 

The three companies named are: 1) Swan Telecom 2) Unitech Wireless 3) Reliance Telecom

 

In the first chargesheet, the CBI had named lobbyist Niira Radia and 124 others as witnesses.

 

On 25 April 2011, in its second chargesheet in the scam, the Central Bureau of Investigation (CBI) named five more accused individuals:

 

1) Kanimozhi - Rajya Sabha Member of Parliament (DMK) and daughter of Tamil Nadu Chief Minister M Karunanidhi 2) Sharad Kumar of Kalaignar TV 3) Karim Morani of Cineyug Films 4) Asif Balwa of Kusegaon Realty 5) Rajiv B Agarwal of Kusegaon Realty.

 

 

 


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.44.79

UK Pound

1

Rs.73.19

Euro

1

Rs.63.59 

 


 

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

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

-

NB

                                       New Business

-

 

 

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

This report is issued at your request without any risk and responsibility on the part of MIRA INFORM PRIVATE LIMITED (MIPL) or its officials.