|
Report Date : |
26.02.2013 |
IDENTIFICATION DETAILS
|
Name : |
LOOP MOBILE (INDIA) LIMITED (w.e.f. 09.03.2009) |
|
|
|
|
Formerly Known
As : |
BPL MOBILE COMMUNICATIONS LIMITED POWER SYSTEMS AND PROJECTS PRIVATE LIMITED |
|
|
|
|
Registered
Office : |
127, Manmala Tank Road, Taikalwadi, Mahim (West), Mumbai – 400016,
Maharashtra |
|
|
|
|
Country : |
|
|
|
|
|
Financials (as
on) : |
31.03.2012 (Profit and Loss Account) |
|
|
|
|
Date of
Incorporation : |
30.12.1975 |
|
|
|
|
Com. Reg. No.: |
11-193684 |
|
|
|
|
Capital
Investment / Paid-up Capital : |
Rs. 1045.504 millions |
|
|
|
|
CIN No.: [Company Identification
No.] |
U29299MH1975PLC193684 |
|
|
|
|
TAN No.: [Tax Deduction &
Collection Account No.] |
MUMB06449C |
|
|
|
|
PAN No.: [Permanent Account No.] |
AAACB9986H |
|
|
|
|
Legal Form : |
A Closely Held Public Limited Liability Company |
|
|
|
|
Line of Business
: |
Providing Cellular Mobile Telephone Services in Mumbai, Navi Mumbai
and Kalyan Telecom Districts. |
|
|
|
|
No. of Employees
: |
Information denied by the management |
RATING & COMMENTS
|
MIRA’s Rating : |
Ca (18) |
|
RATING |
STATUS |
PROPOSED CREDIT LINE |
|
|
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 |
|
Status : |
Moderate |
|
|
|
|
Payment Behaviour : |
Slow |
|
|
|
|
Litigation : |
Clear |
|
|
|
|
Comments : |
Subject is a well established company in the Indian mobile industry
and faces cut throat competition from fellow players such as Vodafone,
Airtel, Tata etc. the promoters are alleged to be involved in 2G SCAM and
there appear huge accumulated losses recorded by the company. However, trade relations are reported to be fair. Business is active.
Payments are slow. The company can be considered for business dealing on a safe and
secured trade terms and condition. |
NOTES :
Any query related to this report can be made
on e-mail : infodept@mirainform.com
while quoting report number, name and date.
INDIAN ECONOMIC OVERVIEW
|
Source
: CIA |
RBI DEFAULTERS’ LIST STATUS
Subject’s name is not enlisted as a defaulter
in the publicly available RBI Defaulters’ list.
EPF (Employee Provident Fund) DEFAULTERS’ LIST STATUS
Subject’s name is not enlisted as a defaulter in
the publicly available EPF (Employee Provident Fund) Defaulters’ list as of
31-03-2012.
INFORMATION DENIED BY
|
Name : |
Mr. Ranjan Gadgil |
|
Designation : |
Finance Head |
|
Contact No.: |
91-22-24371777 / 24323777 |
|
Date : |
25.02.2013 |
LOCATIONS
|
Registered Office : |
127, |
|
Tel. No.: |
91-22-24323777 /
24371777 |
|
Fax No.: |
Not Available |
|
E-Mail : |
|
|
Website : |
|
|
|
|
|
Gallery : |
Located
at : ·
Andheri ·
Borivali ·
Chembur ·
Churchgate ·
Dombivali ·
Fort ·
Ghatkopar ·
IRLA ·
Kandivali ·
Lokhandwala
·
Mahim ·
Malad ·
Mira-Bhayander
·
Mohammed
Ali Road ·
Mulund ·
Opera House
·
Panvel ·
Santacruz ·
Thane ·
Vashi ·
Vile Parle |
DIRECTORS
As on 27.09.2012
|
Name : |
Mr. Sandip Umananda Basu |
|
Designation : |
Managing director |
|
Address : |
201, Crystal Apartments, Plot No. 31, Vallabh Nagar CHS Limited, CTS No.
191, N S Road, No. 3, JVPD Scheme, Vile parle, Mumbai – 400056, Maharashtra,
India |
|
Date of Birth/Age : |
24.01.1961 |
|
Qualification : |
CA, ICWAI |
|
Date of Appointment : |
26.08.2009 |
|
DIN No.: |
01281486 |
|
|
|
|
Name : |
Mr. Nalin Khaitan |
|
Designation : |
Director |
|
Address : |
Villa No. 17, Bin Hamoodah Villas,
Plot No. P - 669, Jumeira, P. 0. Box - 24369, Dubai, United Arab Emirates |
|
Date of Birth/Age : |
13.12.1988 |
|
Qualification : |
MBA |
|
Date of Appointment : |
24.03.2011 |
|
DIN No.: |
02695218 |
|
|
|
|
Name : |
Mr. Prem Gul Rajani |
|
Designation : |
Nominee director |
|
Address : |
11, Palekar Chambers, 4th Floor Dhobi Taleo, Mumbai -
400002, Maharashtra, India |
|
Date of Birth/Age : |
30.01.1967 |
|
Qualification : |
Advocate |
|
Date of Appointment : |
03.12.2004 |
|
DIN No.: |
00062833 |
|
|
|
|
Name : |
Mr. Ashok Tyagi |
|
Designation : |
Director |
|
Address : |
E - 130, Greater Kailash -1, New
Delhi – 110048, India |
|
Date of Birth/Age : |
01.01.1954 |
|
Date of Appointment : |
26.06.2012 |
|
DIN No.: |
00784563 |
|
|
|
|
Name : |
Mr. Thekkekara Sathisan |
|
Designation : |
Director |
|
Address : |
C/57 5th Floor,
Tarapore Garden, Oshiwara, Andherl (West), Mumbai – 400053, Maharashtra,
India |
|
Date of Birth/Age : |
08.01.1962 |
|
Date of Appointment : |
07.03.2012 |
|
DIN No.: |
02465424 |
|
|
|
|
Name : |
Mr. Balasubramanian Swaminathan |
|
Designation : |
Director |
|
Address : |
Flat No A - 202, 2nd Floor,
The Bliss Plot No 2, 4 and 5, Sector No 8 / B, CBD Belapur, Navi Mumbai –
400614, Maharashtra, India |
|
Date of Birth/Age : |
18.07.1957 |
|
Date of Appointment : |
01.03.2012 |
|
DIN No.: |
03114430 |
KEY EXECUTIVES
|
Name : |
Mr. Ranjan Gadgil |
|
Designation : |
Finance Head |
|
|
|
|
Name : |
Mr. Rahul Singh |
|
Designation : |
Secretary |
|
Address : |
Flat No. 133, C Wing, 7th Floor, Mira Darshan Complex,
MTNL Road, Mira Road (East), Thane – 401 107, Maharashtra, India |
|
Date of Birth/Age : |
15.08.1977 |
|
Date of Appointment : |
21.01.2012 |
|
PAN No.: |
BFCPS3619M |
MAJOR SHAREHOLDERS / SHAREHOLDING PATTERN
As on 27.09.2012
|
Names of Shareholders |
|
No. of Shares |
|
|
|
|
|
Loop Mobile Holdings India Limited, India |
|
72346291 |
|
Kerala State Industrial Development Corporation Limited, India |
|
2000 |
|
Capital Global Limited, Mauritius
|
|
32202123 |
|
P R Shreekumar |
|
1 |
|
Sandip Basu |
|
1 |
|
Harish Kapoor |
|
1 |
|
Pawan Arora |
|
1 |
|
|
|
|
|
TOTAL |
|
104550418 |
Equity Share Break up (Percentage of Total Equity)
|
Category |
Percentage |
|
Foreign holdings( Foreign institutional investor(s),
Foreign companie(s) Foreign financial institution(s), Non-resident Indian(s)
or Overseas Corporate bodies or Others |
30.80 |
|
Bodies corporate |
69.20 |
|
Total |
100.00 |
BUSINESS DETAILS
|
Line of Business : |
Providing Cellular Mobile Telephone Services in Mumbai, Navi Mumbai
and Kalyan Telecom Districts. |
|
|
|
|
Services : |
Cellular Telephone Services |
GENERAL INFORMATION
|
No. of Employees : |
Information denied by the management |
||||||||||||
|
|
|
||||||||||||
|
Bankers : |
·
Yes Bank Limited, Nehru Centre, 9th
Floor, Discovery of India, Dr. A.B. Road, Worli, Mumbai – 400 018,
Maharashtra, India ·
Axis
Bank Limited, 2nd Floor, Axis House, Bombay Dyeing Mills Compound,
Pandurang Budhkar Marg, Worli, Mumbai – 400 025, Maharashtra, India |
||||||||||||
|
|
|
||||||||||||
|
Facilities : |
|
|
|
|
|
Banking
Relations : |
-- |
|
|
|
|
Auditors : |
|
|
Name : |
Deloitte Haskins and Sells Chartered Accountants |
|
Address : |
Maker Towers, "E" Cuffe Parade, Mumbai – 400005,
Maharashtra, India |
|
PAN No.: |
AACFD4815A |
|
|
|
|
Ultimate Holding Company (As on 31.03.2011): |
·
Santa Trading Private Limited (upto 16th
February, 2010) (there are no transactions with the company) ·
Loop Mobile Holdings India Limited (Formerly BPL
Communications Limited) (From 16th February, 2010) |
|
|
|
|
Holding Company (As on 31.03.2011): |
·
Loop Mobile Holdings India Limited (upto 15th
February, 2010) ·
Loop Telecommunications Holdings India Limited
(from 16th February, 2010) (there are no transactions with the company) |
|
|
|
|
Fellow Subsidiary Company (As on 31.03.2011): |
·
Loop Telecommunications Holdings India Limited
(upto 15th February, 2010) |
|
|
|
|
Subsidiary Company (As on 31.03.2011): |
·
Loop Telecom Limited [U72200DL1997PLC085754] ·
Loop Telecom Infrastructure Limited [U64203MH2007PLC176486] |
CAPITAL STRUCTURE
As on 27.09.2012
Authorized Capital:
|
No. of Shares |
Type |
Value |
Amount |
|
|
|
|
|
|
129448200 |
Equity Shares |
Rs. 10/- each |
Rs. 1294.482 millions |
|
6551800 |
Preference Shares |
Rs. 10/- each |
Rs. 65.518 millions |
|
|
|
|
|
Issued, Subscribed & Paid-up Capital:
|
No. of Shares |
Type |
Value |
Amount |
|
|
|
|
|
|
104550418 |
Equity Shares |
Rs. 10/- each |
Rs. 1045.504
millions |
|
|
|
|
|
|
|
|
|
|
FINANCIAL DATA
[all figures are
in Rupees Millions]
ABRIDGED BALANCE
SHEET
|
SOURCES OF FUNDS |
|
31.03.2011 |
31.03.2010 |
|
|
SHAREHOLDERS FUNDS |
|
|
|
|
|
1] Share Capital |
|
1045.504 |
1045.504 |
|
|
2] Share Application Money |
|
0.000 |
0.000 |
|
|
3] Reserves & Surplus |
|
6353.336 |
5397.117 |
|
|
4] (Accumulated Losses) |
|
(4224.280) |
(3579.590) |
|
|
NETWORTH |
|
3174.560 |
2863.031 |
|
|
LOAN FUNDS |
|
|
|
|
|
1] Secured Loans |
|
5750.000 |
6500.000 |
|
|
2] Unsecured Loans |
|
683.319 |
478.102 |
|
|
TOTAL BORROWING |
|
6433.319 |
6978.102 |
|
|
DEFERRED TAX LIABILITIES |
|
0.000 |
0.000 |
|
|
|
|
|
|
|
|
TOTAL |
|
9607.879 |
9841.133 |
|
|
|
|
|
|
|
|
APPLICATION OF FUNDS |
|
|
|
|
|
|
|
|
|
|
|
FIXED ASSETS [Net Block] |
|
7589.632 |
6620.858 |
|
|
Capital work-in-progress |
|
198.427 |
769.325 |
|
|
Advance for Capital Expenditure |
|
0.000 |
0.000 |
|
|
|
|
|
|
|
|
INVESTMENT |
|
2378.650 |
2380.150 |
|
|
DEFERREX TAX ASSETS |
|
0.000 |
0.000 |
|
|
|
|
|
|
|
|
CURRENT ASSETS, LOANS & ADVANCES |
|
|
|
|
|
|
Inventories |
|
6.556
|
6.340
|
|
|
Sundry Debtors |
|
685.026
|
607.799
|
|
|
Cash & Bank Balances |
|
363.354
|
609.906
|
|
|
Other Current Assets |
|
0.000
|
0.000
|
|
|
Loans & Advances |
|
1834.491
|
1824.682
|
|
Total
Current Assets |
|
2889.427
|
3048.727
|
|
|
Less : CURRENT
LIABILITIES & PROVISIONS |
|
|
|
|
|
|
Sundry Creditors |
|
2213.891
|
1640.157
|
|
|
Other Current Liabilities |
|
1194.536
|
1307.194
|
|
|
Provisions |
|
39.830
|
30.576
|
|
Total
Current Liabilities |
|
3448.257
|
2977.927
|
|
|
Net Current Assets |
|
(558.830)
|
70.800
|
|
|
|
|
|
|
|
|
MISCELLANEOUS EXPENSES |
|
0.000 |
0.000 |
|
|
|
|
|
|
|
|
TOTAL |
|
9607.879 |
9841.133 |
|
Note: Balance
Sheet for the year 2012 is not available only Profit and Loss is available
PROFIT & LOSS
ACCOUNT
|
|
PARTICULARS |
31.03.2012 |
31.03.2011 |
31.03.2010 |
|
|
|
SALES |
|
|
|
|
|
|
|
Income |
7114.216 |
6714.060 |
6118.573 |
|
|
|
Other Income |
45.003 |
46.965 |
143.690 |
|
|
|
TOTAL (A) |
7159.219 |
6761.025 |
6262.263 |
|
|
|
|
|
|
|
|
Less |
EXPENSES |
|
|
|
|
|
|
|
Purchases of stock-in-trade |
28.468 |
36.214 |
|
|
|
|
Changes in
inventories of finished goods, work-in-progress and stock-in-trade |
2.302 |
(0.217) |
|
|
|
|
Employee benefit expense |
480.578 |
412.940 |
|
|
|
|
Other expenses |
4941.119 |
4836.394 |
|
|
|
|
TOTAL (B) |
5452.467 |
5285.331 |
4840.183 |
|
|
|
|
|
|
|
|
Less |
PROFIT/(LOSS)
BEFORE INTEREST, TAX, DEPRECIATION AND AMORTISATION (A-B) (C) |
1706.752 |
1475.694 |
1422.080 |
|
|
|
|
|
|
|
|
|
Less |
FINANCIAL
EXPENSES (D) |
988.883 |
852.000 |
884.803 |
|
|
|
|
|
|
|
|
|
|
PROFIT/(LOSS) BEFORE TAX, DEPRECIATION AND AMORTISATION
(C-D) (E) |
717.869 |
623.694 |
537.277 |
|
|
|
|
|
|
|
|
|
Less/ Add |
DEPRECIATION/
AMORTISATION (F) |
1249.080 |
1268.383 |
1170.462 |
|
|
|
|
|
|
|
|
|
|
PROFIT/(LOSS) BEFORE TAX (E-F) (G) |
(531.211) |
(644.689) |
(633.185) |
|
|
|
|
|
|
|
|
|
Less |
TAX (H) |
0.000 |
0.000 |
0.549 |
|
|
|
|
|
|
|
|
|
|
PROFIT/(LOSS) AFTER TAX (G-H) (I) |
(531.211) |
(644.689) |
(633.734) |
|
|
|
|
|
|
|
|
|
Add |
PREVIOUS
YEARS’ BALANCE BROUGHT FORWARD |
(4224.278) |
(3579.589) |
(2945.855) |
|
|
|
|
|
|
|
|
|
|
BALANCE CARRIED
TO THE B/S |
(4755.489) |
(4224.278) |
(3579.589) |
|
|
|
|
|
|
|
|
|
|
EARNINGS IN
FOREIGN CURRENCY |
|
|
|
|
|
|
|
Roaming Income |
|
379.582 |
404.499 |
|
|
|
Transit SMS |
|
114.364 |
97.698 |
|
|
TOTAL EARNINGS |
NA |
493.946 |
502.197 |
|
|
|
|
|
|
|
|
|
|
IMPORTS |
|
|
|
|
|
|
|
Capital Goods |
NA |
NA |
1386.712 |
|
|
|
|
|
|
|
|
|
Earnings/(Loss) Per Share (Rs.) |
(5.08) |
(6.17) |
(6.06) |
|
KEY RATIOS
|
PARTICULARS |
|
31.03.2012 |
31.03.2011 |
31.03.2010 |
|
PAT / Total Income |
(%) |
(7.42)
|
(9.54) |
(10.12)
|
|
|
|
|
|
|
|
Net Profit Margin (PBT/Sales) |
(%) |
(7.46)
|
(9.60) |
(10.35)
|
|
|
|
|
|
|
|
Return on Total Assets (PBT/Total Assets} |
(%) |
NA
|
(6.15) |
(6.55)
|
|
|
|
|
|
|
|
Return on Investment (ROI) (PBT/Networth) |
|
NA
|
(0.20) |
(0.22)
|
|
|
|
|
|
|
|
Debt Equity Ratio (Total Debt/Networth) |
|
NA
|
2.03 |
2.43
|
|
|
|
|
|
|
|
Current Ratio (Current Asset/Current Liability) |
|
NA
|
0.84 |
1.02
|
LOCAL AGENCY FURTHER INFORMATION
SUNDRY CREDITORS
DETAILS:
|
Particulars |
|
31.03.2011 |
31.03.2010 |
|
|
(Rs. In Millions) |
||
|
|
|
|
|
|
Creditors due small micro enterprises |
|
0.000 |
0.000 |
|
Creditors due others |
|
2213.891 |
1640.157 |
|
|
|
|
|
|
TOTAL |
|
2213.891 |
1640.157 |
|
Sr. No. |
Check List by Info Agents |
Available in
Report (Yes / No) |
|
1] |
Year of Establishment |
Yes |
|
2] |
Locality of the firm |
Yes |
|
3] |
Constitutions of the firm |
Yes |
|
4] |
Premises details |
No |
|
5] |
Type of Business |
Yes |
|
6] |
Line of Business |
Yes |
|
7] |
Promoter's background |
Yes |
|
8] |
No. of employees |
No |
|
9] |
Name of person contacted |
Yes |
|
10] |
Designation of contact
person |
Yes |
|
11] |
Turnover of firm for last
three years |
Yes |
|
12] |
Profitability for last
three years |
Yes |
|
13] |
Reasons for variation
<> 20% |
---- |
|
14] |
Estimation for coming
financial year |
No |
|
15] |
Capital in the business |
Yes |
|
16] |
Details of sister
concerns |
Yes |
|
17] |
Major suppliers |
No |
|
18] |
Major customers |
No |
|
19] |
Payments terms |
No |
|
20] |
Export / Import details
(if applicable) |
No |
|
21] |
Market information |
---- |
|
22] |
Litigations that the firm
/ promoter involved in |
---- |
|
23] |
Banking Details |
Yes |
|
24] |
Banking facility details |
Yes |
|
25] |
Conduct of the banking
account |
---- |
|
26] |
Buyer visit details |
---- |
|
27] |
Financials, if provided |
Yes |
|
28] |
Incorporation details, if
applicable |
Yes |
|
29] |
Last accounts filed at
ROC |
No |
|
30] |
Major Shareholders, if
available |
Yes |
|
31] |
Date of Birth of
Proprietor/Partner/Director, if available |
Yes |
|
32] |
PAN of
Proprietor/Partner/Director, if available |
No |
|
33] |
Voter ID No of
Proprietor/Partner/Director, if available |
No |
|
34] |
External Agency Rating,
if available |
No |
Note: The registered
office of the company has been shifted from XL-5115, 2nd Floor,
Ashish Building, Shanmugham Road, Ernakualm District, Cochin – 682031, Kerala, India
to the present w.e.f. 09.04.2009
UNSECURED LOAN:
(Rs. in Millions)
|
Particulars |
As
on 31.03.2012 |
As
on 31.03.2011 |
|
|
|
|
|
Loans subsidiaries unsecured |
NA |
200.000 |
|
Other debt unsecured |
NA |
483.319 |
|
|
|
|
|
TOTAL |
NA |
683.319 |
CONTINGENT
LIABILITIES NOT PROVIDED FOR:
(As on 31.03.2011)
(Rs.
in millions)
|
Particulars |
31.03.2011 |
31.03.2010 |
|
Counter guarantees given to bankers against guarantees issued by them |
494.748 |
501.874 |
|
a. Demand on
account of service tax on value of SIM cards sold, made by the Commissioner of
Central Excise, Mumbai, on which sales tax has already been paid. |
43.581 |
43.581 |
|
b. Demand on
account of Licence fees made by the Department of Telecommunications (DOT),
arisen in view of the DOT having allowed deductions for PSTN charges and Roaming
charges on actual payment basis while arriving at the Adjusted Gross Revenue
for the purpose of determining the Licence fees payable. Note:- The
Company and the Cellular Operators Association of India have represented to
the DOT inter alia to allow these deductions on accrual basis instead of
actual payment basis. |
50.317 |
50.317 |
|
c. Demand on
account of Interest and Penalty made by DOT on additional licence fees
payable; the dues in respect of such licence fees was settled by encashment of
bank guarantee by the DOT. The Company had received the judgment in its
favour from Telecom Disputes Settlement And Appellate Tribunal (TDSAT) on 11th
February, 2010. During the year, the DOT has appealed against this judgment
in the Supreme Court of India. |
386.756 |
-- |
BANKERS CHARGES
REPORT AS PER REGISTRY
|
Corporate
identity number of the company |
U29299MH1975PLC193684 |
|
Name of the
company |
LOOP MOBILE
(INDIA) LIMITED |
|
Address of the
registered office or of the principal place of business in |
127, Manmala Tank
Road, Taikalwadi, Mahim (West), Mumbai – 400016, Maharashtra, India Email ID: loopsecretarial@gmail.com |
|
This form is for |
Modification of
charge |
|
Charge
identification number of the modified |
10083097 |
|
Type of charge |
Book Debts Uncalled share
capital Immovable
Property Book Debts Movable Property Others (clause
no. e & f of securities created of the agreement) |
|
Particular of charge
holder |
Axis Bank
Limited, 2nd Floor, Axis House, Bombay Dyeing Mills Compound,
Pandurang Budhkar Marg, Worli, Mumbai – 400025, Maharashtra, India Email ID: debenturetrustee@axistrustee.com
|
|
Nature of
description of the instrument creating or modifying the charge |
Link cum
Supplementary Document executed by the Company in favour of Axis Bank Limited
(Security Trustee) for enhancing the overdraft facility of Rs. 160.000 millions to Rs. 400.000 millions
out of the non fund based limits of Rs. 1000.000 millions without any further
changes in the terms and conditions of the said non fund based limits. |
|
Date of
instrument Creating the charge |
26.12.2012 |
|
Amount secured by
the charge |
Rs. 8.500
millions |
|
Brief particulars
of the principal terms an conditions and extent and operation of the charge |
Rate of Interest As per Schedule
VIII of Common Rupees Facility Agreement dated 29th December,
2007. Terms of Repayment As per Schedule
IV of Common Rupee Facility Agreement. Extent and Operation of the charge Pari Passu first
charge on the properties of the Company (as described in Schedule I and II of
the Link cum Supplementary Document attached herewith) to secure the due
repayment, interest, additional interest, commission etc towards the
facilities of the Company aggregating Rs. 8500.000 millions. |
|
Short particulars
of the property charged |
As per Schedule I
and Schedule II of the Link cum Supplementary Document dated 26th
December, 2012. |
|
Date of latest
modification prior to the present modification |
28.09.2012 |
|
Particulars of
the present modification |
Link Cum
Supplementary Document executed by the Company in favour of AXIS Bank Limited
(Security Trustee) for enhancing the Overdraft facility from Rs. 160.000 millions to Rs. 400.000 millions
out of the non fund based limits of Rs. 1000.000 millions without any further
changes in the terms and conditions of the said non fund based limits. |
FIXED ASSETS:
Tangible Assets:
·
Land
·
Buildings
·
Plant and Machinery
·
Network Equipment
·
Network Towers
·
Office Equipments
·
Computer and Peripherals
·
Furniture and Fixtures
·
Vehicles
Intangible Assets:
·
Software
·
Licence Fees
PRESS RELEASE
2G SPECTRUM SCAM: LOOP TELECOM SEEKS OUT OF COURT
SETTLEMENT WITH GOVERNMENT
Feb 11, 2013
NEW DELHI: The Ruias of Essar Group and their
relatives, the Khaitans, promoters of Loop Telecom, who have been charged with
fraud and conspiracy by the country's top investigating agency, have sought to
reach a compromise with the government to end a criminal trial in which they
are embroiled.
The company's CEO, Sandip Basu, wrote to Telecom
Minister Kapil Sibal on December 12, requesting him to consider compounding the
alleged offence so as to avoid unnecessary litigation while adding that the
charges it faced were "essentially of a civil flavour and had no element
of public interest attached to them". He suggested that the law ministry's
view on the proposal be sought.
Loop said the ongoing criminal proceedings were
causing "great damage to its reputation and businesses", and it
therefore wanted to "compound the alleged offences and put an end to these
proceedings".
The term compounding refers to an agreement between
the accused and the state to end legal proceedings through payment of a fine or
fee. Compounding terminates all criminal proceedings against the alleged
offender.
This practice is
widely followed, in India and abroad, in case of violation of securities laws.
The Loop Telecom
spokesperson said the proposal to the government did not entail any admission
of guilt.
"As per the
provisions of the CrPC and recent Supreme Court judgements, these charges are
capable of being compounded." "The company's request to the
government to consider compounding does not amount to admission of any
violation. The legal provisions relating to compounding do not have any
requirement that a violation be admitted. Loop Telecom and its promoters have
also filed claims against the government in various forums, including the
TDSAT, and are also pursuing international arbitration under the
India-Mauritius investment protection treaty for recovery of investments made
by them and are also claiming damages.
Loop Telecom
believes that a comprehensive settlement with the government would involve
appropriately dealing with these claims as well as with the ongoing criminal
trial," the spokesperson added.
A telecom
department official said DoT is yet to act on Loop's request that its proposal
be sent to the law ministry regarding the legal tenability. Minister of State
in the Prime Minister's Office V Narayanasamy said he was not aware of Loop's
communication as the telecom department had not forwarded any such letter to
the law ministry.
The Central
Bureau of Investigation has filed charges against industrialists Ravi Ruia and
Anshuman Ruia, promoters of Essar Group; its director for strategy and planning
Vikas Saraf; and Loop Promoters IP Khaitan and Kiran Khaitan. CBI had charged
the Ruias, Khaitans, Saraf and three telcos - Loop Telecom Pvt Ltd, Loop Mobile
India Ltd and Essar Teleholding - of cheating the telecom department to secure
mobile permits in 2008.
In CBI's version
of events, they had done this by violating a rule, called Clause 8, that bars a
telco from holding more than 10 per cent in another.
Ruais-controlled
Essar Group owned more than 10 per cent equity stake in Loop Telecom while
simultaneously holding 33 per cent in Vodafone Essar, which violated the
clause, the probe agency had alleged in the chargesheet.
The nub of its
charges is that Loop was a 'front' for Essar to secure mobile permits it was
not entitled to. The charges were filed under Section 120 B, which defines criminal
conspiracy, and Section 420, cheating, of the Indian Penal Code. The five
officials could potentially face a prison sentence of up to seven years in case
of an unfavourable verdict.
"The charges
filed by CBI against Loop and Essar do not contain any allegation of offence
under Prevention of Corruption Act or any charge of criminal misconduct. The
charges framed show that this is merely an allegation of wrongful gain to Loop
and Essar being obtained by misrepresentation of compliance under Clause 8 of
the UASL guidelines and as such is of a predominantly civil nature," Loop
said in a December 12 communication to the telecom department.
Loop in its
letter has also reiterated its denial of the CBI charges against it, stating
that the Essar Group had held only 2.15 per cent in Loop during the time of its
applications for mobile permits, and therefore, was not in violation of Clause
8. It also pointed out that the corporate affairs ministry had confirmed this
to the telecom department on April 2011.
While charges
were filed under Section 120 B, which defines criminal conspiracy, Loop said
the recent Supreme Court judgement 'allowed criminal cases having
overwhelmingly and predominantly civil flavour to stand on a different footing
for quashing...'
Further, Clause 8
of telecom guidelines, which the company is accused of violating, was vague and
ambiguous, and this is best illustrated by the fact that different departments
of the government had reached different conclusions based on the same set of
facts, Basu said in the letter to Sibal.
The corporate
affairs and law ministries had found no violations, but CBI had overruled the
opinion of these ministries.
Loop also argued
that there was no "wrongful loss to the government as a result of the
offence as the government would have obtained the same price for the licences
from any other applicant". "No wrongful gain to Loop/Essar can be
said to have accrued as well as these licences have in any case been cancelled
by the Supreme Court", its letter added.
The company
spokesperson, as well as Loop's communication, added that a settlement
"would send out a message to the global investor community that India is
not interested in needless litigation".
CMT REPORT (Corruption, Money Laundering & Terrorism]
The Public Notice information has been collected from various sources
including but not limited to: The Courts,
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] 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.54.04 |
|
|
1 |
Rs.81.80 |
|
Euro |
1 |
Rs.71.41 |
INFORMATION DETAILS
|
Information
Gathered by : |
PDT |
|
|
|
|
Report Prepared
by : |
NID |
SCORE & RATING EXPLANATIONS
|
SCORE FACTORS |
RANGE |
POINTS |
|
HISTORY |
1~10 |
2 |
|
PAID-UP CAPITAL |
1~10 |
2 |
|
OPERATING SCALE |
1~10 |
2 |
|
FINANCIAL CONDITION |
|
|
|
--BUSINESS SCALE |
1~10 |
2 |
|
--PROFITABILIRY |
1~10 |
2 |
|
--LIQUIDITY |
1~10 |
2 |
|
--LEVERAGE |
1~10 |
2 |
|
--RESERVES |
1~10 |
2 |
|
--CREDIT LINES |
1~10 |
2 |
|
--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 |
|
DEFAULTER |
|
|
|
--RBI |
YES/NO |
NO |
|
--EPF |
YES/NO |
NO |
|
TOTAL |
|
18 |
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 |
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 |
- |
This report is issued at your request without any
risk and responsibility on the part of MIRA INFORM PRIVATE LIMITED (MIPL)
or its officials.