MIRA INFORM REPORT

 

 

Report Date :

21.01.2014

 

IDENTIFICATION DETAILS

 

Name :

AIR INDIA LIMITED (w.e.f. 24.11.2010)

 

 

Formerly Known As :

NATIONAL AVIATION COMPANY OF INDIA LIMITED

 

 

Registered Office :

Airlines House, 113, Gurudwara Rakabganj Road, New Delhi – 110001

 

 

Country :

India

 

 

Financials (as on) :

31.03.2012

 

 

Date of Incorporation :

30.03.2007

 

 

Com. Reg. No.:

55-161431

 

 

Capital Investment / Paid-up Capital :

Rs. 13450.000 Millions

 

 

CIN No.:

[Company Identification No.]

U62200DL2007GOI161431

 

 

TAN No.:

[Tax Deduction & Collection Account No.]

DELN09135A

 

 

PAN No.:

[Permanent Account No.]

AACCN6194P

 

 

Legal Form :

A Closely Held Public Limited Liability Company

 

 

Line of Business :

Providing Air Transport Services

 

 

No. of Employees :

Information declined by the management

 

 

RATING & COMMENTS

 

MIRA’s Rating :

Aa (75)

 

RATING

STATUS

PROPOSED CREDIT LINE

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

 

Status :

Good

 

 

Payment Behaviour :

Regular

 

 

Litigation :

Exist

 

 

Comments :

Subject is wholly owned by Government of India.

 

It is an established company having a good track record.

 

Management of the company has failed to file its financial for the year 2013 with the government department.

 

As per previous year’s record 2012, the financial position of the company is under severe pressure. There appear a huge accumulated losses recorded by the company which exceed the networth. The external borrowing of the company appears to be huge.

 

 

However, the rating takes into consideration the strength of the credit enhancement from the Government of India through the ministry of Civil Aviation, and the trustee-administered payment mechanisms.

 

Trade relation are fair. Business is active. Payments are reported to be regular and as per commitments.

 

The company can be considered for business dealings at usual trade terms and conditions.

 

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’s current account deficit narrowed in the quarter ended September as government measures to curb imports, especially gold, kicked in.  The current account deficit, the excess of a country’s imports of goods and services over exports, narrowed to $ 5.2 billion from $ 21 billion in the year ago period, according to provisional Reserve Bank of India data. Finance Minister P. Chidambaram said the CAD for the year will be less than $ 60 billion or 3 per cent of GDP and the latest data suggests the government may achieve the target.

 

India was ranked 94th among the world’s most corrupt nations list. Denmark and New Zealand topped as the cleanest while Somalia emerged as the most corrupt.

 

India’s services sector activity witnessed a moderate improvement in November over the previous month, even while indicating the fifth successive monthly contraction, according the HSBC survey.

 

$53 million estimated losses suffered by India due to phishing attacks during the third quarter, according to a study by RSA. India ranks fourth in the list of nations hit by phishing attacks. The US remained at the top of the charts. Phishing is the process of acquiring information such as user names, passwords and credit card details by sending e-mails disguised as official mails.

 

Rs.4080 million worth of mobile-phone-based transactions by July 2013 compared to Rs.260 million in September, 2012, according to Deloitte report. The number of transactions has shot up from 94000 to 701000.

 

India aims to earn Rs.400000 million from the bandwidth auction set for January. The merger and acquisition guidelines, cleared by a group of ministers, will be out before the auction begins so that players can make informed decisions on the auctions.

 

EXTERNAL AGENCY RATING

 

Rating Agency Name

CRISIL

Rating

Non-convertible debentures: AAA (SO)

Rating Explanation

Have the highest degree of safety and carry lowest credit risk.

Date

09.12.2013

 

 

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 DECLINED

 

MANAGEMENT NON CO-OPERATIVE (91-22-26265555)

 

 

LOCATIONS

 

Registered Office/ Headquarters :

Airlines House, 113, Gurudwara Rakabganj Road, New Delhi – 110001, India 

Tel. No.:

91-11-22796666 / 23422000 / 26265660

Fax No.:

91-11-22023686

E-Mail :

kalpana.rao@airindia.in

s.venkat@airindia.in

rbansal.moca@nic.in 

Website :

www.airindia.in

Area :

10,000 Sq. ft.

Location :

Owned

 

 

Commercial Headquarter:

Old Airport Kalina, Santacruz (East), Mumbai – 400029, Maharashtra, India

Tel. No.:

91-22-26265555

 

 

Other Air India Office:

Located At :

 

Ø       Ahmedabad

Ø       Amritsar

Ø       Anand

Ø       Bhopal

Ø       Bengaluru  

Ø       Bengaluru Airport

Ø       Baroda (vadodara)

Ø       Chandigarh  

Ø       Cochin (Kochi)

Ø       Cochin Airport

Ø       Calicut (kozhikode)

Ø       Calicut Airport

Ø       Chennai

Ø       Chennai Airport

Ø       Coimbatore

Ø       Chittagong

Ø       Delhi

Ø       Dhaka Airport

Ø       Guwahati

Ø       Guwahati Airport

Ø       Goa

Ø       Goa Airport

Ø       Hyderabad

Ø       Hyderabad Airport

Ø       Igi Airport

Ø       Indore

Ø       Jalandhar

Ø       Jaipur

Ø       Kolkata

Ø       Kolkata Airport

Ø       Kanpur

Ø       Kannur

Ø       Lucknow Airport

Ø       Mumbai

Ø       Malappuram

Ø       Mangalore

Ø       Nagpur

Ø       Pune

Ø       Rajkot

Ø       Surat

Ø       Thiruvan- Anthapuram

Ø       Thiruvan- Anthapuram Airport

Ø       Trichy

Ø       Thiruvalla

Ø       Trichur

Ø       Varanasi

 

 

Overseas Offices :

Located at:

 

Ø       SAARC Countries

Ø       South East Asia

Ø       South East Australia

Ø       Gulf and Middle East

Ø       USA and Canada

Ø       UK and Ireland

Ø       Europe

Ø       Russia

Ø       Far East

 

 

DIRECTORS

 

As on 30.09.2013

 

Name :

Mr. Rohit Nandan

Designation :

Managing director

Address :

B 7 2 Multist Oreyed, Flats, Sector 13, R K Puram, Delhi, India

Date of Birth/Age :

27.01.1957

Qualification:

MBA,UK

Date of Appointment :

12.08.2011

DIN No.:

02195896

 

 

Name :

Mr. Syed Nasir Ali

Designation :

Managing director

Address :

Quarter No. 1, Type 5, Lodi Road, New Delhi – 110003, India

Date of Birth/Age :

04.05.1965

Date of Appointment :

13.07.2012

DIN No.:

03113580

 

 

Name :

Mr. Pankaj Srivastava

Designation :

Whole-time director

Address :

F3/19, Vasant Vihar, New Delhi – 110057, India 

Date of Birth/Age :

13.04.1960

Date of Appointment :

01.10.2013

DIN No.:

06716582

 

 

Name :

Mr. Prabhat Kumar

Designation :

Director

Address :

C – 120, Sector 39, Noida – 201303, Uttar Pradesh, India

Date of Birth/Age :

18.04.1959

Date of Appointment :

18.10.2012

DIN No.:

06415793

 

 

Designation :

Whole-time director

Address :

Flat No.8, Air India Apartments, 61 B Pali Hill, Bandra West, Mumbai – 400050, Maharashtra, India

Date of Birth/Age :

17.10.1957

Qualification:

CA,CS,ICWA

Date of Appointment :

12.12.2011

DIN No.:

03616104

 

 

Name :

Mr. Nikhil Kumar Jain

Designation :

Whole-time director

Address :

256, 3B Railway Office ICERS Colony, P K Road, New Delhi – 110001, India

Date of Birth/Age :

28.03.1962

Date of Appointment :

05.07.2012

DIN No.:

05332456

 

 

Name :

Renuka Ramnath

Designation :

Director

Address :

D-701-2, Floor. 47, Ashik Tower, 63-74, Dr SS Rao Marg, Parel, Mumbai – 400012, Maharashtra, India

Date of Birth/Age :

14.09.1961

Date of Appointment :

29.05.2013

DIN No.:

00147182

 

 

Name :

Mr. Ravindra Harshadrai Dholakia

Designation :

Director

Address :

313, Indian Institute, Of Management, Vastrapur, Ahmedabad – 380015, Gujarat, India

Date of Birth/Age :

02.04.1953

Date of Appointment :

29.05.2013

DIN No.:

00069396

 

 

Name :

Mr. Gurcharan Das

Designation :

Director

Address :

124, Jor Bagh, New Delhi – 110003, India

Date of Birth/Age :

03.10.1943

Date of Appointment :

29.05.2013

DIN No.:

00032103

 

 

Name :

Mr. Prem Vrat

Designation :

Director

Address :

1240, Sector A, Pocket A, Vasant Kunj, New Delhi – 110070, India

Date of Birth/Age :

01.06.1944

Date of Appointment :

29.05.2013

DIN No.:

06604781

 

 

Name :

Mr. Kishan Kumar Nohwar

Designation :

Director

Address :

M 97, Jalvayu Vihar, Sector 25, Gautam Budh Nagar, Noida – 201301, Uttar Pradesh, India

Date of Birth/Age :

07.05.1952

Date of Appointment :

29.05.2013

DIN No.:

06607996

 

 

KEY EXECUTIVES

 

Name :

Kalpana S Rao

Designation :

Secretary

Address :

6 C GH 10 Sunder Apartments Outer Ring Raod, Paschim Vihar, New Delhi – 110087, India

Date of Birth/Age :

03.10.1954

Date of Appointment :

01.11.2012

PAN No.:

AAEPR0042B

 

 

MAJOR SHAREHOLDERS / SHAREHOLDING PATTERN

 

As on 30.09.2013

 

Names of Shareholders

 

No. of Shares

President of India, India

 

13444999920

Sinha Alok

 

10

Rohit Vasiioda Nandan

 

10

Subramonian Machendranathan

 

10

K N Shrivastava

 

10

Prabhat Kumar

 

10

Juneja Shefali

 

10

Jindoal Puja

 

10

Israni Deepak

 

10

 

 

 

Total

 

13445000000

 

Equity Share Break up (Percentage of Total Equity)

 

As on 30.09.2013

 

Category

Percentage

Government (Central and State)

100.00

Total

100.00

 

 

BUSINESS DETAILS

 

Line of Business :

Providing Air Transport Services

 

 

Products :

ITC Code

Product Descriptions

99642430

Air Transport Services

 

 

GENERAL INFORMATION

 

No. of Employees :

Information declined by the management 

 

 

Bankers :

·         Deutsche Bank AG, 14-00 One Raffles Quay, South Tower, Singapore - 048583, Singapore

·         United Bank of India, Corporate Finance Branch, 2nd Floor,  United Bank of India Building,25 Sir P M Road, Fort, Mumbai - 400001,

·         Maharashtra, India

·         Wells Fargo Bank Northwest National Association, 260 N Charles Lindbergh Dr.,

·         Salt Lake City, Utah - 84116, United States of America

·         Bank of India, Star House, C-5, "G" Block, Bandra Kurla Complex, Mumbai - 400051, Maharashtra, India

·         Standard Chartered Bank, Narain Manzil, 23 Barakhamba Road, New Delhi - 110001, Delhi, India

·         Standard Chartered Bank, Narain Manzil, 23 Barakhamba Road, New Delhi - 110001, Delhi, India

·         Central Bank of India, Corporate Finance Branch, Mmo Building, Mumbai - 400023, Maharashtra, India

 

 

Facilities :

Secured Loan

31.03.2012

(Rs. in Millions)

31.03.2011

(Rs. in Millions)

Long-term Borrowings

 

 

Rupee term loans from banks

114598.200

54211.000

Other loans and advances, others

125184.400

107831.500

Short-term borrowings

 

 

Loans repayable on demand from banks

51255.400

50936.300

Total

291038.000

212978.800

 

 

 

Banking Relations :

---

 

 

Financial Institute:

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

 

 

Auditors :

 

Name :

R Devendra Kumar and Associates

Chartered Accountants

Address :

205 Blue Rose Industrial Estate, Near Petrol Pump, Western Express

Highway, Borivali-East, Mumbai - 400 066, Maharashtra, India

PAN N Income-tax PAN of auditor or auditor's firm :

AABFR2611M

 

 

Auditors :

 

Name :

Kapoor Tandon and Company

Chartered Accountants

Address :

C/o Rajesh Parasramka, Room No.1577,3rd Floor ,Building No.42B,Gangadhar

Co-Operative Housing Society, Vartak Nagar, Thane-West - 400 606, Maharashtra, India

PAN N Income-tax PAN of auditor or auditor's firm :

AACFK5666N

 

 

Auditors :

 

Name :

P K K G Balasubramanam and Associates

Chartered Accountants

Address :

Flat No.2 and 3,Door No.68/38,Brindavan, Street West Mambalam, Chennai -

600 003, Tamilnadu, India

PAN N Income-tax PAN of auditor or auditor's firm :

AAHFP5605R

 

 

Subsidiaries :

·         Air India Air Transport Services Limited, India [U63090DL2003PLC120790]

·         Air India Charters Limited, India [U62100MH1971GOI015328]

·         Air-India Engineering Services Limited, India [U74210DL2004PLC125114]

·         Airline Allied Services Limited, India [U51101DL1983GOI016518]

·         Hotel Corporation of India Limited, India [U55101MH1971GOI015217]

·         Vayudoot Limited, India [U62100DL1981GOI011262]

 

 

CAPITAL STRUCTURE

 

As on 27.12.2012

 

Authorised Capital :

No. of Shares

Type

Value

Amount

 

 

 

 

15000000000

Equity Shares

Rs.10/- each

Rs. 150000.000 Millions

 

 

 

 

 

Issued, Subscribed & Paid-up Capital :

No. of Shares

Type

Value

Amount

 

 

 

 

13445000000

Equity Shares

Rs.10/- each

Rs. 134450.000 Millions

 

 

 

 

 

As on 31.03.2012

 

Authorised Capital :

No. of Shares

Type

Value

Amount

 

 

 

 

3500000000

Equity Shares

Rs.10/- each

Rs. 35000.000 Millions

750000000

Preference  Shares

Rs.100/- each

Rs. 75000.000 Millions

 

 

 

 

 

Total

 

Rs. 110000.000 Millions

 

Issued, Subscribed & Paid-up Capital :

No. of Shares

Type

Value

Amount

 

 

 

 

3345000000

Equity Shares

Rs.10/- each

Rs. 33450.000 Millions

 

 

 

 

 

 

 


 

FINANCIAL DATA

[all figures are in Rupees Millions]

 

ABRIDGED BALANCE SHEET

 

SOURCES OF FUNDS

 

 

31.03.2012

31.03.2011

I.        EQUITY AND LIABILITIES

 

 

 

(1)Shareholders' Funds

 

 

 

(a) Share Capital

 

33450.000

21450.000

(b) Reserves & Surplus

 

(197881.700)

(122737.900)

(c) Money received against share warrants

 

0.000

0.000

 

 

 

 

(2) Share Application money pending allotment

 

0.000

0.000

Total Shareholders’ Funds (1) + (2)

 

(164431.700)

(101287.900)

 

 

 

 

(3) Non-Current Liabilities

 

 

 

(a) long-term borrowings

 

306220.500

175812.100

(b) Deferred tax liabilities (Net)

 

0.000

0.000

(c) Other long term liabilities

 

581.500

561.000

(d) long-term provisions

 

13459.200

12684.400

Total Non-current Liabilities (3)

 

320261.200

189057.500

 

 

 

 

(4) Current Liabilities

 

 

 

(a) Short term borrowings

 

128195.100

235490.100

(b) Trade payables

 

75046.800

41672.900

(c) Other current liabilities

 

65310.100

42296.500

(d) Short-term provisions

 

2334.600

1783.800

Total Current Liabilities (4)

 

270886.600

321243.300

 

 

 

 

TOTAL

 

426716.100

409012.900

 

 

 

 

II.      ASSETS

 

 

 

(1) Non-current assets

 

 

 

(a) Fixed Assets

 

 

 

(i) Tangible assets

 

311739.200

306192.000

(ii) Intangible Assets

 

1142.100

934.400

(iii) Capital work-in-progress

 

19644.100

18416.100

(iv) Intangible assets under development

 

1009.600

544.200

(b) Non-current Investments

 

1343.000

1320.500

(c) Deferred tax assets (net)

 

28425.200

28425.200

(d)  Long-term Loan and Advances

 

19674.700

10593.300

(e) Other Non-current assets

 

559.900

592.700

Total Non-Current Assets

 

383537.800

367018.400

 

 

 

 

(2) Current assets

 

 

 

(a) Current investments

 

0.000

0.000

(b) Inventories

 

9072.600

6759.600

(c) Trade receivables

 

18491.300

21515.100

(d) Cash and cash equivalents

 

4310.100

4154.400

(e) Short-term loans and advances

 

3364.700

2357.700

(f) Other current assets

 

7939.600

7207.700

Total Current Assets

 

43178.300

41994.500

 

 

 

 

TOTAL

 

426716.100

409012.900

 

 

 

SOURCES OF FUNDS

 

 

 

31.03.2010

SHAREHOLDERS FUNDS

 

 

 

1] Share Capital

 

 

9450.000

2] Share Application Money

 

 

0.000

3] Reserves & Surplus

 

 

624.800

4] (Accumulated Losses)

 

 

(54890.900)

NETWORTH

 

 

(44816.100)

LOAN FUNDS

 

 

 

1] Secured Loans

 

 

65907.100

2] Unsecured Loans

 

 

184761.100

TOTAL BORROWING

 

 

250668.200

DEFERRED TAX LIABILITIES

 

 

0.000

FUTURE LEASE OBLIGATION

 

 

133373.800

 

 

 

 

TOTAL

 

 

339225.900

 

 

 

 

APPLICATION OF FUNDS

 

 

 

 

 

 

 

FIXED ASSETS [Net Block]

 

 

296419.900

Capital work-in-progress

 

 

24656.200

 

 

 

 

INVESTMENT

 

 

1219.300

DEFERRED TAX ASSETS

 

 

28425.200

Foreign Currency, Monetary Items Translation Difference Account

 

 

99.500

 

 

 

 

CURRENT ASSETS, LOANS & ADVANCES

 

 

 

 

Inventories

 
 
8677.800

 

Sundry Debtors

 
 
25791.100

 

Cash & Bank Balances

 
 
5284.700

 

Other Current Assets

 
 
768.100

 

Loans & Advances

 
 
14466.500

Total Current Assets

 
 
54988.200

Less : CURRENT LIABILITIES & PROVISIONS

 
 

 

 

Sundry Creditors

 
 
38189.400

 

Other Current Liabilities

 
 
17463.100

 

Provisions

 
 
10929.900

Total Current Liabilities

 
 
66582.400

Net Current Assets

 
 
(11594.200)

 

 

 

 

MISCELLANEOUS EXPENSES

 

 

0.000

 

 

 

 

TOTAL

 

 

339225.900

 

PROFIT & LOSS ACCOUNT

 

 

PARTICULARS

 

31.03.2012

31.03.2011

31.03.2010

 

SALES

 

 

 

 

 

Income

147138.100

140620.100

127620.300

 

 

Other Income

0.000

0.000

2936.500

 

 

TOTAL                                     (A)

147138.100

140620.100

130556.800

 

 

 

 

 

Less

EXPENSES

 

 

 

 

Cost of materials consumed

85116.700

61120.600

 

 

 

Employee benefit expense

35666.500

37514.900

 

 

 

Other expenses

61388.400

65271.500

 

 

 

Exceptional items

(9224.100)

(1947.400)

 

 

 

Extraordinary items

(2655.700)

(2008.700)

 

 

 

TOTAL                                     (B)

170291.800

159950.900

147834.700

 

 

 

 

 

Less

PROFIT / (LOSS) BEFORE INTEREST, TAX, DEPRECIATION AND AMORTISATION (A-B)      (C)

(23153.700)

(19330.800)

(17277.900)

 

 

 

 

 

Less

FINANCIAL EXPENSES                         (D)

36454.900

32407.900

24343.500

 

 

 

 

 

 

PROFIT / (LOSS) BEFORE TAX, DEPRECIATION AND AMORTISATION (C-D)                               (E)

(59608.600)

(51738.700)

(41621.400)

 

 

 

 

 

Less/ Add

DEPRECIATION/ AMORTISATION                     (F)

15968.300

16901.000

13887.600

 

 

 

 

 

 

PROFIT / (LOSS) BEFORE TAX (E-F)                 (G)

(75576.900)

(68639.700)

(55509.000)

 

 

 

 

 

Less

TAX                                                                  (H)

20.500

12.000

15.400

 

 

 

 

 

 

PROFIT / (LOSS) AFTER TAX (G-H)                  (I)

(75597.400)

(68651.700)

(55524.400)

 

 

 

 

 

 

EARNINGS IN FOREIGN CURRENCY

 

 

 

 

 

Interest Received

NA

NA

21.600

 

 

Dividend

NA

NA

34.500

 

TOTAL EARNINGS

NA

NA

56.100

 

 

 

 

 

 

IMPORTS

 

 

 

 

 

Stores & Spares

NA

NA

7283.600

 

 

Capital Goods

NA

NA

89586.200

 

TOTAL IMPORTS

NA

NA

96869.800

 

 

 

 

 

 

Earnings / (Loss) Per Share (Rs.)

(30.85)

(58.10)

(371.70)

 

KEY RATIOS

 

PARTICULARS

 

 

31.03.2012

31.03.2011

31.03.2010

PAT / Total Income

(%)

(51.38)

(48.82)

(42.53)

 

 

 

 

 

Net Profit Margin

(PBT/Sales)

(%)

(51.36)

(48.81)

(43.50)

 

 

 

 

 

Return on Total Assets

(PBT/Total Assets}

(%)

(20.08)

(19.05)

(15.80)

 

 

 

 

 

Return on Investment (ROI)

(PBT/Networth)

 

(0.46)

(0.68)

(1.24)

 

 

 

 

 

Debt Equity Ratio

(Total Debt /Networth)

 

(2.64)

(4.06)

(5.59)

 

 

 

 

 

Current Ratio

(Current Asset/Current Liability)

 

0.16

0.13

0.83

 

 

LOCAL AGENCY FURTHER INFORMATION

 

 

CURRENT MATURITIES OF LONG-TERM DEBT DETAILS:

 

Particulars

31.03.2012

31.03.2011

31.03.2010

 

(Rs. In Millions)

Current maturities of long-term debt

6920.200

1484.700

NA

 

 

 

 

Total

6920.200

1484.700

NA

 

 

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

No

10]

Designation of contact person

No

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

Yes

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

Yes

 

LITIGATION DETAILS

 

IN THE HIGH COURT OF DELHI AT NEW DELHI

      
W.P.(C) 4080/2013 and CM Appl. 9611/2013

 
SHASHI TRAVELS and TOURS Private Limited. Petitioner

  
Through: Mr. P.S. Singh, Adv.

Versus
    
AIR INDIA LIMITED Respondent

  

Through: Mr. Rohit Agarwal, Adv.

   
CORAM:
  
HON'BLE MR. JUSTICE MANMOHAN

  
ORDER

  
16.01.2014
  
Learned counsel for the petitioner states that he has filed a rejoinder affidavit. However, the same is not on record. Let the same be brought on record forthwith.

 

List on 11th August, 2014.


MANMOHAN, J


JANUARY 16, 2014

 
  NG 
  
  8
  
  $

 

CIVIL AVIATION SCENARIO

 

World

 

2011

 

International Air Transport Association (IATA) reported that in the year 2011 passenger demand went up by 5.9% as compared to 2010 in line with long term growth trends. In contrast, cargo markets contracted by 0.7% for the year but recorded positive demand growth in December of 0.2%. Growth in demand lagged capacity increases at 6.3% (passenger) and 4.1% (cargo) to make downward pressure on load factors. The average passenger load factor for 2011 was 78.1% which was down from 78.3% in 2010. The freight growth factor was 45.9%, which was down from 48.1% in 2010.

 

The Director General, IATA observed that 2011 was the year of contrast. The passenger growth primarily in the first half of the year was off-set by declining cargo market. Optimism in China contrasted with gloom in Europe. Ironically, the Europe supported the travel demand but Europe’s primary tax and restricted approach to aviation policy left the Continent’s carriers with the weakest profitability amongst the regions.

 

Airlines made massive investment in new environment friendly aircraft. The challenge was to deploy them profitably into a dynamic and uncertain market. The Governments need to take a strategic view of the airline industry and recognize its value as a catalyst for economic growth. he aviation industry transports nearly 3 billion passengers a year and over a third of a value of goods that are traded internationally , are transported by air. Aviation, therefore, has to be given due importance by the Governments in framing policies which encourage its growth.

 

Industry prospects for 2012 are being driven by strong airline performance in the second and third quarters. Despite high fuel prices, which remained at 110$ per barrel and slowing down world economies, airline profits held up to the level of 2006. Airlines have adjusted to the difficult environment through improved efficiencies and restructuring plans. The improved performance is evident in some of the large airlines which reposted better EBITDA performance in the 3 rd quarter of the year 2012. Overall performance has been positively impacted by strong passenger traffic growth (5.3%) and 3.0 % improvement in yields. Despite the slowing down of world economy, business travel was supported by more robust international trade in goods and service which in turn contributed to a positive picture for both passenger volumes and yields. Cargo markets and yields on the other hand showed a downward trend of 2% as compared to 2011 IATA estimates that despite the improved prospects, the overall industry remains to be at the expected levels of net profit for the year 2012 and would be lower than what the industry achieved in 2011. Further, the net profit margin of 1% expected in 2012 will be well below the 7-8% needed to recover the industry cost of capital.

 

IATA expects that the year 2013 would continue to be challenging with industry net margin expected to reach 1.3%. (US$8.4 billion) with fuel prices expected to moderately come down to US$104 per barrel ($109.5 per barrel in 2012). The ATF i.e. jet fuel is expected to be around US$124.3 per barrel (vis-a-vis last year $129.5 per barrel).

 

MANAGEMENT DISCUSSION AND ANALYSIS REPORT

 

NETWORK VISION

 

Central Planning and Control System (CPCS)

 

In early 2010, Air India signed a broad ranging agreement for establishing its Central Planning and Control IT System (CPCS). M/s Sabre Airline Solutions who are industry leaders in this field were selected as system provider for a range of integrated state of the art systems which cover Network Planning and Scheduling, Flight Operations Control (including Integrated Operations Management and Hub Management) and a comprehensive Crew Management System.

 

PLANNING AND SCHEDULING

 

The Planning and Scheduling Tool is part of the CPCS Project implementation. Air India had contracted with Sabre for five modules viz. Schedule Manager, Slot Manager, Code Share Manager, Fleet Manager and Profit Manager. All five modules have been implemented and are being used effectively.

 

With the Planning and Scheduling Tool, Air India has successfully implemented the Delhi hub operations which has resulted in enhancing connectivities domestic and international. This has further resulted in a multifold increase in the transfer of passengers from a level of around 300 pax/day to more than 3000 pax/day. This has been possible through the Bank Structure for the schedule which has five main domestic arrival/departure banks and three distinct international arrival/departure banks, which has facilitated the transfers and connections between domestic/international flights. The tool has helped Air India to develop international connectivities to provide effective East-West Connections over the Delhi hub. Air India is continuously improving its schedule and aircraft deployment through the Planning and Scheduling Tool.

 

In the Planning and Scheduling suite, all the 5 modules have been implemented and are being used.

Integrated Operations Control Centre (IOCC) and Hub Control Centre (HCC)

 

·         Effective October 2011, IOCC had complete visibility and control for the full fleet of Air India.

·         Movement Manager Module in IOCC and MM Web Module in HCC has been implemented across all fleet in Air India. HCC Delhi has been established.

·         HCC Mumbai will be established after the integrated airport in Mumbai is commissioned.

·         Crew Management System (CMS)

·         The CMS implementation under Sabre Airline Solutions Modules have been kept in abeyance and a new system from M/s Sheorey Digital Systems is being implemented.

·         AI CMS is being implemented in a phased manner for Wide Body and Narrow Body fleet for Cockpit and Cabin Crew.

·         Web portal has been activated and crew are being notified of their movement on portal.

·         SMS notification system is available in certain formats for issuing notification to Cockpit and Cabin Crew.

 

PLANS TO TURNAROUND PERFORMANCE:

 

The Company continued to take several initiatives to omprove the performance of the Company including inter-alia Rationalization of certain loss making routes. Return of leased aircraft. Induction of brand new fleet on several domestic and international routes thereby increasing passenger appeal. Phasing out old fleet and consequent reduction of maintenance cost. Reduction of contractual employment and outsourced agencies. Critical analysis of Fuel consumption on all flights by setting up a Fuel Council and Fuel Manager. Implementation of the recommendations made by IATA Group of Fuel Efficiency Gap Analysis (FEGA). Increase in passenger, cargo, excess baggage revenue through aggressive sales and marketing strategy including a separate Cell for attracting Government traffic. Implementation of Quickwin IT Solutions including upgrade of Revenue Management System, introduction of SAP-ERP throughout the network. Upgradation of FFP and Introduction of several marketing initiatives including Companion Free Schemes, Apex fare, GOI packages, Preferred Agents Partnership, Promotion of web bookings and other promotional schemes like AI Holidays, etc. Operationalisation of the two subsidiary companies formed for Ground Handling and MRO activities in the year 2013.

 

Infusion of Additional Equity- Linked to the Turnaround Plan of the Company:

 

In an attempt to adequately capitalize the Company and in anticipation of GOI?s induction of equity into the capital of the Company, AI had increased its Authorized Capital during the year 2011-12 to Rs.110,000 million comprising 11,000 million equity shares of Rs.10/- each.

 

The recommendation of the Group Of Officers (GOO), who were appointed to vet AI?s TAP/FRP, was accepted by the Group Of Ministers (GoM) which then decided to refer the same to the CCEA for approval. The CCEA in the meeting held on 12th April 2012 approved the entire TAP/FRP of AI.

 

The GOI has prescribed various milestones for induction of equity wherein the Pax LF to be attained by AI would be 73% by the FY 2015 and 75% by FY 2020. The milestones also include that the airlines should turn EBIDTA positive by 2013, Cash positive by 2018 and PBT (Networth positive) by 2020. The approval of the GOI envisages an upfront equity infusion by GOI to provide immediate relief of Rs.67,500 million in FY-2012 (including Rs.12,000 million provided in the Union Budget of 2011), infusion of equity to fund Cash Deficits up to FY-2021 of Rs.45,520 million, equity infusion to fund the principal and interest repayments in respect of guaranteed aircraft loan Rs.189,290 million subject to the achievement of the milestones. The total equity support approved by GOI was Rs.302,310 million up to FY-2021. Apart from this GOI also provided an unconditional and irrevocable guarantee for the issue of (Non-Convertible Debentures) NCDs to the extent of Rs.74,000 million, the proceeds of which was used for repaying the Short Term Loans (STLs) of the banks which were in excess of the working capital requirement. The entire amount of Rs.74000 million has been subscribed by Financial Institutions (LIC and EPFO) and paid out to the banks by middle of December 2012. These NCDs have been issued at a coupon rate of 9.08% with interest payable semi-annually.

 

The GOI had also provided Rs.40,000 million in the Union Budget of 2012 out of which the entire amount has been received by AI by mid November 2012. Till date, GOI has infused Rs.72000 million in AI since 2009-10. The infusion by GOI has strengthened the Debt-Equity Ratio as well as the Networth of the company which is presently negative.

 

The Restructuring of the working capital was completed with a consortium of 19 banks whereby an amount of Rs.214,744.3 million which was outstanding working capital as of 30 September 2011 was converted into a Long Term Loan (LTL) to the extent of Rs.104,368.9 million with a tenor of 15 years including a principal repayment moratorium of 2 years. A part of the working capital was converted into STL which was repaid through proceeds from issuance of NCDs to the extent of Rs.73,916.7 million. The working capital was assessed to the extent of Rs.46,200 million which would include the Offshore Facilities availed by the company such as Buyers? Credit of Rs.7,200 million (equivalent of US$ 144 million). The Buyers? Credit facility which has been availed as of date is around US$ 288 million. The working capital facility includes Cash Credit facility as well as FCNR (B) loans. There was a reduction in the interest rate to a uniform floating rate of 11% on LTL which was linked tothe banks base rate. The interest on the LTL for the first year was converted into a Funded Interest Term Loan (FITL), the terms of which would be the same as that of LTL. The documents relating to the restructuring were executed on 30 March 2012 and 30 April 2012 with the consortium of 19 banks led by SBI wherein different securities which were provided to the various facilities given to the lenders were pooled as part of the FRP. The pooling of security was expected to result in better co-ordination, monitoring and transparency for the benefit of the lenders. It was therefore proposed to have a common security to all lenders providing LTLs, FITLs, Non-fund Based Limits and the Assessed Working Capital Facility excluding Offshore Facilities such as Standard Chartered Banks? (SCB) Buyers? Credit Facility and Bank of Baroda’s (BOB) Overdraft Facility which was proposed to be kept outside the purview of the FRP. Similarly the Non-fund Based Facility provided by SCB will not be secured by the old security.

Whilst the above Restructuring Plan and infusion of equity by GOI would put AI on the road to profitability, the airline would however be subjected to various external threats including increase in crude oil prices which would have a direct impact on ATF prices, increase in competition and foreign exchange fluctuation. The increase in fuel costs are proposed to be passed on to the passengers. However, the company’s ability to pass on the fuel cost increase to its passenger would depend upon the competitive constraints faced by the company. AI has also been able to reduce the fuel costs by implementation of a number of measures suggested in the Fuel Efficiency Gap Analysis (FEGA) as well as close monitoring of fuel uplifts. The launch of international operations by LCC players would certainly lead to increase in competition on international routes which are already competitive with large international players having established presence. This is proposed to be combated through the exercise of Preferential Rights such as slots at various domestic airports in the country and having the necessary connectivity from these airports to international destinations.

 

FINANCING INITIATIVES

 

AIRCRAFT FINANCING:

 

Air India has accepted delivery of 6 B787-8 aircraft during the period September 2012 to December 2012. As per the Turnaround Plan (TAP) and Financial Restructuring Plan (FRP) of Air India approved by GOI, induction of B787-8 aircraft will be on Sale and Lease Back basis. Air India is in discussion with lessors for finalizing Sale and Lease Back arrangement of 6 B787-8 aircraft. As an interim financing, Air India has availed Bridge financing from various Financial Institutions for taking delivery of these 6 B787-8 aircraft.

 

UNSECURED LOAN

 

PARTICULARS

31.03.2012

(Rs. in Millions)

31.03.2011

(Rs. in Millions)

Long-term Borrowings

 

 

Non-convertible debentures others

62000.000

7000.000

Rupee term loans from banks

4226.200

6577.000

Term loans from others

211.700

192.600

Short-term borrowings

 

 

Loans repayable on demand from banks

76939.700

184553.800

 

 

 

Total

143377.600

198323.400

 

INDEX OF CHARGES

 

S.NO.

CHARGE ID

DATE OF CHARGE CREATION/MODIFICATION

CHARGE AMOUNT SECURED

CHARGE HOLDER

ADDRESS

SERVICE REQUEST NUMBER (SRN)

1

10462313

01/11/2013

5,841,274,500.00

DEUTSCHE BANK AG

14-00 ONE RAFFLES QUAY, SOUTH TOWER, SINGAPORE, - 048583, SINGAPORE

B90377631

2

10462306

30/10/2013

5,841,274,500.00

DEUTSCHE BANK AG

ECE HOUSE, 28 KG MARG, NEW DELHI, DELHI - 110001, INDIA

B90376229

3

10456872

01/10/2013

12,429,933,000.00

DEUTSCHE BANK AG

ECE HOUSE, 28 KG MARG, NEW DELHI, DELHI - 110001,
INDIA

B88172358

4

10457177

08/11/2013 *

12,429,933,000.00

DEUTSCHE BANK AG

14-00 ONE RAFFLES QUAY, SOUTH TOWER, SINGAPORE - 048583, SINGAPORE

B91170217

5

10453289

27/09/2013

2,500,000,000.00

UNITED BANK OF INDIA

CORPORATE FINANCE BRANCH,2ND FLOOR, UNITED BANK OF INDIA BUILDING,25 SIR P M ROAD,FORT, MUMBAI, MAHARASHTRA - 400001, INDIA

B86758539

6

10455177

26/08/2013

12,429,933,000.00

DEUTSCHE BANK AG

ECE HOUSE, 28 KG MARG, NEW DELHI, DELHI - 110001,
INDIA

B87597571

7

10455183

08/11/2013 *

12,429,933,000.00

DEUTSCHE BANK AG

14-00 ONE RAFFLES QUAY, SOUTH TOWER, SINGAPORE, - 048583, SINGAPORE

B91169763

8

10435351

17/06/2013

5,260,635,000.00

WELLS FARGO BANK NORTHWEST NATIONAL ASSOCIATION

260 N CHARLES LINDBERGH DR., SALT LAKE CITY, UTAH, - 84116, UNITED STATES OF AMERICA

B78971926

9

10418533

23/03/2013

3,500,000,000.00

CENTRAL BANK OF INDIA

CORPORATE FINANCE BRANCH, 1ST FLOOR, MMO BUILDNG,
M G ROAD, FORT, MUMBAI, MAHARASHTRA - 400023, INDIA

B72823552

10

10411079

23/02/2013

2,000,000,000.00

CANARA BANK

MAKER TOWER -F, 20TH FLOOR,, 85, CUFFE PARADE, MU
MBAI, MAHARASHTRA - 400005, INDIA

B70538988

 

* Date of charge modification

 

FIXED ASSETS

 

Tangible assets

 

·         Land

·         Buildings

·         Plant and equipment

·         Furniture and fixtures

·         Vehicles

·         Aircrafts helicopters

·         Office equipment

·         Computer equipments

 

Intangible assets

 

·         Computer software


 

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 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.61.63

UK Pound

1

Rs.101.25

Euro

1

Rs.83.42

 

 

INFORMATION DETAILS

 

Information Gathered by :

SVA

 

 

Report Prepared by :

KVT

 


 

SCORE & RATING EXPLANATIONS

 

SCORE FACTORS

 

RANGE

POINTS

HISTORY

1~10

8

PAID-UP CAPITAL

1~10

9

OPERATING SCALE

1~10

8

FINANCIAL CONDITION

 

 

--BUSINESS SCALE

1~10

9

--PROFITABILIRY

1~10

8

--LIQUIDITY

1~10

8

--LEVERAGE

1~10

8

--RESERVES

1~10

8

--CREDIT LINES

1~10

9

--MARGINS

-5~5

--

DEMERIT POINTS

 

 

--BANK CHARGES

YES/NO

YES

--LITIGATION

YES/NO

YES

--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

 

75

 

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.