MIRA INFORM REPORT

 

 

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 :

India

 

 

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

 

India is developing into an open-market economy, yet traces of its past autarkic policies remain. Economic liberalization, including industrial deregulation, privatization of state-owned enterprises, and reduced controls on foreign trade and investment, began in the early 1990s and has served to accelerate the country's growth, which has averaged more than 7% per year since 1997. India's diverse economy encompasses traditional village farming, modern agriculture, handicrafts, a wide range of modern industries, and a multitude of services. Slightly more than half of the work force is in agriculture, but services are the major source of economic growth, accounting for more than half of India's output, with only one-third of its labor force. India has capitalized on its large educated English-speaking population to become a major exporter of information technology services and software workers. In 2010, the Indian economy rebounded robustly from the global financial crisis - in large part because of strong domestic demand - and growth exceeded 8% year-on-year in real terms. However, India's economic growth in 2011 slowed because of persistently high inflation and interest rates and little progress on economic reforms. High international crude prices have exacerbated the government's fuel subsidy expenditures contributing to a higher fiscal deficit, and a worsening current account deficit. Little economic reform took place in 2011 largely due to corruption scandals that have slowed legislative work. India's medium-term growth outlook is positive due to a young population and corresponding low dependency ratio, healthy savings and investment rates, and increasing integration into the global economy. India has many long-term challenges that it has not yet fully addressed, including widespread poverty, inadequate physical and social infrastructure, limited non-agricultural employment opportunities, scarce access to quality basic and higher education, and accommodating rural-to-urban migration.

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, Manmala Tank Road, Taikalwadi, Mahim (West), Mumbai – 400 016, Maharashtra, India

Tel. No.:

91-22-24323777 / 24371777

Fax No.:

Not Available

E-Mail :

secretarial@loopmobile.in

loopsecretarial@gmail.com

priyadarshi.sidharth@loopmobile.in

Website :

http://www.loopmobile.in

 

 

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 :

Secured Loan

As on

31.03.2012

(Rs. in

Millions)

As on

31.03.2011

(Rs. in

Millions)

Other debt secured

NA

5750.000

 

 

 

Total

NA

5750.000

 

 

 

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 India of the company

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, 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]         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

UK Pound

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

-

 

 

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.