MIRA INFORM REPORT

 

 

Report No. :

491459

Report Date :

12.02.2018

 

 

 

IDENTIFICATION DETAILS

 

Name :

ESSAR OIL LIMITED

 

 

Registered Office :

Khambhalia Post, Post Box No. 24, District Jamnagar-361305, Gujarat

Tel. No.:

91-2833-241444

 

 

Country :

India

 

 

Financials (as on) :

31.03.2017

 

 

Date of Incorporation :

12.09.1989

 

 

Com. Reg. No.:

04-032116

 

 

Capital Investment / Paid-up Capital :

INR 15071.600 Million

 

 

CIN No.:

[Company Identification No.]

U11100GJ1989PLC032116 [New]

L11100GJ1989PLC032116 [Old]

 

 

IEC No.:

Not Divulged

 

 

GST No.:

Not Divulged

 

 

TAN No.:

[Tax Deduction & Collection Account No.]

Not Available

 

 

PAN No.:

[Permanent Account No.]

AAACE0890P

 

 

Legal Form :

A Closely Held Public Limited Liability Company

 

 

Line of Business :

Subject is engaged in the business of Refining of crude oil and Marketing of petroleum products in domestic and overseas markets. It is also engaged in oil and gas exploration and production activities. [Registered Activity]

 

 

No. of Employees :

1873 (Approximately)

 

 

RATING & COMMENTS

(Mira Inform has adopted New Rating mechanism w.e.f. 23rd January 2017)

 

MIRA’s Rating :

D

 

Credit Rating

Explanation

Rating Comments

D

High Risk

Business dealing not recommended or on secured terms only

 

Status :

Sick Company

 

 

Payment Behaviour :

Slow and Delayed

 

 

Litigation :

Clear

 

 

Comments :

Subject was incorporated in the year 1989 and it is part of the "Essar Group". The company is a fully-integrated oil and gas company with a strong presence across the hydrocarbon value chain from exploration and production to refining and oil retail.

 

Rating is constrained on account of weak financial profile of one Essar group entity 'Essar Steel Limited'. Essar Steel has been classified as an NPA (Non-Performing Asset) by HDFC Bank Limited and Bank of India.

 

Essar group with debt INR 1.5 lakh crore, will use a majority of INR 860000.000 million to repay the $5 billion debt of Essar Oil. Another $5 billion will be used to repay debts of the holding company Essar Global Funds.

 

Furthermore, as per the investigation the company was found as wilful defaulter and defaulted hefty amount of its debt with The Unit Trust Of India Limited and the amount charged is INR 1501.553 million dated 31-03-2005 and Bank of Baroda and the amount charged is INR 31.7 million dated 31-12-2006 and Specified Undertaking of Unit Trust of India and the amount charged is INR 959.5 million dated 31-03-2006 and Island Bank Limited and amount charged is INR 1738.2 million dated 30-09-2008 and  (List enclosed in the report and latest updated for the same is not available).

 

Payments are reported to be slow and delayed.

 

In view of aforesaid, we do not recommend any business dealings with the subject. No clear credit ever be granted.

 

NOTES :

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

 

ECGC Country Risk Classification List

 

Country Name

Previous Rating

(30.06.2017)

Current Rating

(30.09.2017)

India

A1

A1

 

Risk Category

ECGC Classification

Insignificant

 

A1

Low Risk

 

A2

Moderately Low Risk

 

B1

Moderate Risk

 

B2

Moderately High Risk

 

C1

High Risk

 

C2

Very High Risk

 

D

 

 

EXTERNAL AGENCY RATING

 

NOT AVAILABLE

 

 

RBI DEFAULTERS’ LIST STATUS

 

Subject’s name has been found enlisted as a defaulter in the publicly available RBI Defaulters’ list and the details of the same are as under :

 

SUIT-FILED ACCOUNTS OF INR 10.000 MILLION AND ABOVE AS ON 12-FEB-2018
BORROWERS DETAILS

 

Borrowers’ Name :

Essar Oil Limited 

Address :

Khambalia Post, P.B. No. 24, District Jamnagar, Gujarat : 361305

Name of Individual :

  • Awadesh Sinha
  • Dilip Thakkar
  • Hari Mundra
  • K N Venkatasubramanian
  • Prashant Ruia
  • R Jayaraman Iyer [Nominee]
  • R Kannan
  • Ravi Ruia
  • Sanjoy Chowdhury
  • Shashi Ruia
  • Sriram Gogate

Name of Credit Grantors / Bank & Branch:

IndusInd Bank Limited [Mumbai Main]

Amount (INR In Million) :

INR 1738.200 Million

 

 

SUIT-FILED ACCOUNTS OF INR 10.000 MILLION AND ABOVE AS ON 20-JUL-2017

BORROWERS DETAILS

 

Borrowers’ Name :

Essar Oil Limited 

Address :

141, Maker Chamber IV, Nariman Point, Mumbai 400021, Maharashtra

Name of Individual :

  • A.S.Ruia - IND
  • R.N.Ruia
  • S.H V F L Venkaresan
  • S.N.Ruia

Name of Credit Grantors / Bank & Branch:

Bank of Baroda [Nariman Point Mumbai]

Amount (INR In Million) :

INR 31.700 Million

 

SUIT-FILED ACCOUNTS OF INR 10.000 MILLION AND ABOVE AS ON 21-JUL-2017

BORROWERS DETAILS

 

Borrowers’ Name :

Essar Oil Limited 

Address :

Essar House, P.O Box No 7945, Mahalaxmi Maharashtra

Name of Individual :

SPECIFIED UNDERTAKING OF UNIT TRUST OF INDIA

  • P S Teckchandani - Whole Time Director
  • Dilip J Thakkar
  • Jagdeesh M Mehta
  • K N Venkatasubramanian
  • Kamal Kishore
  • P S Ruia
  • E B Desai
  • R Jayaraman Iyer
  • R Kannan
  • Ravi Ruia
  • S N Gogate
  • Shashi Ruia

Name of Credit Grantors / Bank & Branch:

Specified Undertaking of Unit Trust of India [Mumbai]

Amount (INR In Million) :

INR 959.500 Million

 

SUIT-FILED ACCOUNTS (WILLFUL DEFAULTERS) OF INR 2.500 MILLION AND ABOVE AS ON 21-JUL-2017

BORROWERS DETAILS

 

Borrowers’ Name :

Essar Oil Limited 

Address :

Essar House, P.O. Box No.7945, Mahalaxmi, Mumbai - 400 034

Name of Individual :

UNIT TRUST OF INDIA Limited

 

  • P S Ruia
  • A T Kusre
  • J M Mehta
  • K N Venkatasubramanian
  • M V Muthu
  • D J Thakkar
  • P S Teckchandani
  • R J Iyer
  • R Kannan
  • Ravi Ruia
  • Shashi Ruia

Name of Credit Grantors / Bank & Branch:

Unit Trust of India Limited [Mumbai]

Amount (INR In Million) :

INR 1501.553 Million

 

 

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 31-03-2016.

 

BIFR (Board for Industrial & Financial Reconstruction) LISTING STATUS

 

Subject’s name is listed as a Sick Unit in the publicly available BIFR (Board for Industrial & Financial Reconstruction) list as of 13.11.2017.

 

 

IBBI (Insolvency and Bankruptcy Board of India) LISTING STATUS

 

Subject’s name is not listed in the publicly available IBBI (Insolvency and Bankruptcy Board of India) list as of report date.

 

 

INFORMATION DECLINED

 

MANAGEMENT NON-COOPERATIVE

 

(Contact No: 91-22-67335000)

 

 

LOCATIONS

 

Registered/ Head Office :

Khambhalia Post, Post Box No. 24, District Jamnagar-361305, Gujarat, India.

Tel. No.:

91-2833-241444

Fax No.:

Not Available

E-Mail :

eolcompanysec@essaroil.co.in

eolinvestors@essaroil.co.in

Website :

http://www.essar.com

https://www.essaroil.co.in

 

 

Corporate Office 1 :

Essar House 11, Keshavrao Khadye Marg, Mahalaxmi, Mumbai – 400034, Maharashtra, India

Tel. No.:

91-22- 66601100

Fax No.:

91-22-66601809

 

 

Corporate Office 2 :

Equinox Business Park, 4th Floor, Tower-2, Off Bandra Kurla Complex, L.B.S.  Marg, Kurla (West), Mumbai – 400070, Maharashtra, India

Tel. No.:

91-22-67335000

Fax No.:

91-22-67082183

 

 

Branch Offices :

Located at:

 

·         Ahemdabad

·         Kolkata

·         Chennai

·         Hazira

·         Kolkata

·         New Delhi

·         Saalya

·         Visakhapatnam

·         Paradip

 

 

DIRECTORS

 

AS ON: 31.03.2017

 

Name :

Mr. Dilip Jayantilal Thakkar

Designation :

Director

Address :

Little Gibbs Road, 12/B Acropolis Malabar Hill, Mumbai – 400006, Maharashtra, India

Date of Birth/Age :

01.10.1936

Date of Appointment :

03.11.1994

DIN No.:

00007339

 

 

Name :

Naina Kidwai Lal

Designation :

Additional Director

Address :

Mustail-29, Killa No 13, Opp Dig Farm Village Jaunapur, Mehrauli, New Delhi-110047, India

Date of Appointment :

09.10.2017

DIN No.:

00017806

 

 

Name :

Mr. Chakrapany Manoharan

Designation :

Whole time Director

Address :

G-15, Essar Nandniketan Township, Opposite Baid Village Jamnagar Khambhalia Highway, SH 25 Jamnagar 361006 

Date of Birth/Age :

21.11.1953

Date of Appointment :

29.03.2012

DIN No.:

00184471

PAN No.:

ACEPM1907G

 

 

Name :

Mr. Sudarsan Raghuraman

Designation :

Nominee Director

Address :

12, Jeevan Anand, Rajabali Patel Lane, Opposite Breach, Candy Hospital Mumbai – 400025, Maharashtra, India

Date of Appointment :

15.01.2013

DIN No.:

06443250

 

 

Name :

Marcus George Cooper

Designation :

Nominee Director

Address :

Route De Suisse 15 Vaud Founex 1297 CH

Date of Appointment :

19.08.2017

DIN No.:

07686158

 

 

Name :

Krzysztof Zielicki Antoni

Designation :

Nominee Director

Address :

25, Creffield Road, London W53RR GB

Date of Appointment :

19.08.2017

DIN No.:

07692730

 

 

Name :

Andrew James Balgarnie

Designation :

Nominee Director

Address :

36 Connaught Square London W22HL GB

Date of Appointment :

19.08.2017

DIN No.:

07692748

 

 

Name :

Chin Hwee Tan

Designation :

Nominee Director

Address :

28 Grove Crescent Singapore 279161 SG

Date of Appointment :

19.08.2017

DIN No.:

07703660

 

 

Name :

Elena Sapozhnikova

Designation :

Nominee Director

Address :

Tvardovskogo Street House 31, Bld. 2, Aprt. 362 MOSCOW NA RU

Date of Appointment :

19.08.2017

DIN No.:

07703689

 

 

Name :

Jonathan Kollek

Designation :

Nominee Director

Address :

67-3-2 Usacheva Street Moscow 119048 RU

Date of Appointment :

19.08.2017

DIN No.:

07710920

 

 

Name :

Charles Anthony Fountain

Designation :

Nominee Director

Address :

Little Pell Farm Blacksmiths Lane, Wadhurst East Sussex TN56DN GB

Date of Appointment :

19.08.2017

DIN No.:

07719852

 

 

Name :

Alexander Romanov

Designation :

Nominee Director

Address :

8 Istrinskaya Street, Building 3, Apartment 154, Moscow 121467 RU

Date of Appointment :

19.08.2017

DIN No.:

07731508

 

 

KEY EXECUTIVES

 

Name :

Mr. Mayank Bhargava

Designation :

Company Secretary

Address :

204, Phoenix-B, Hiranandani Estate, Patlipada, Thane-400607, Maharashtra, India 

Date of Appointment :

19.10.2016

PAN No.:

AFBPB9032P

 

 

Name :

Mr. Anand Balasundaram

Designation :

Chief Executive Officer (KMP)

Address :

D 814 Paradise, Raheja Vihar, Powai, Mumbai-400072, Maharashtra, India

Date of Appointment :

19.08.2017

PAN No.:

AAEPB9965H

 

 

MAJOR SHAREHOLDERS / SHAREHOLDING PATTERN

 

AS ON: 31.03.2017

 

Names of Shareholders

 

No. of Shares

 

Essar Energy Holdings Limited

 

396607443

Oil Bidco (Mauritius) Limited

 

116581496

 

 

BUSINESS DETAILS

 

Line of Business :

Subject is engaged in the business of Refining of crude oil and Marketing of petroleum products in domestic and overseas markets. It is also engaged in oil and gas exploration and production activities. [Registered Activity]

 

 

Brand Names :

Not Available

 

 

Agencies Held :

Not Available

 

 

Exports :

Not Divulged

 

 

Imports :

Not Divulged

 

 

Terms :

 

Selling :

Not Divulged

 

 

Purchasing :

Not Divulged

 

PRODUCTION STATUS: (NOT AVAILABLE)

 

 

GENERAL INFORMATION

 

Suppliers :

Reference:

Not Divulged

Name of the Person (Designation):

--

Contact Number:

--

Since how long known:

--

Maximum limit dealt:

--

Experience:

--

Remark

--

 

 

Customers :

 

Reference:

Not Divulged

Name of the Person (Designation):

--

Contact Number:

--

Since how long known:

--

Maximum limit dealt:

--

Experience:

--

Remark

--

 

 

No. of Employees :

1873 (Approximately)

 

 

Bankers :

·         State Bank of India

·         ICICI Bank Limited

·         Axis Bank Limited

·         IDBI Bank Limited

·         Punjab National Bank

·         Indian Overseas Bank

·         Bank of India

·         Central Bank of India

·         State Bank of Mysore

·         Oriental Bank of Commerce

·         Allahabad Bank

·         Yes Bank Limited

·         Indian Bank

 

 

Facilities :

SECURED LOANS

31.03.2017

(INR In Million)

31.03.2016

(INR In Million)

LONG-TERM BORROWINGS

 

 

Debentures

 

 

Non convertible debentures

180.900

429.200

Term loans

 

 

From banks

68639.500

88934.900

From financial institutions

13267.300

15394.900

Export advances from customers

74807.900

79462.800

Unamortised portion of ancillary borrowing cost

(3124.500)

(1893.800)

Amount included under Other financial liabilities (Current)

(25163.200)

(15752.900)

 

 

 

SHORT TERM BORROWINGS

 

 

Buyers' credits and bills discounting

71567.400

83929.000

Bank overdraft / Cash credit

2282.600

1112.000

Term loan from banks

14666.600

14500.000

Working capital demand loan from bank

13000.000

13000.000

 

 

 

Total

 

230124.500

279116.100

 

 

 

Auditors :

 

Name :

Deloitte Haskins and Sells

Chartered Accountants

Address :

Ahmedabad, Gujarat, India

 

 

Memberships :

Not Available

 

 

Collaborators :

Not Available

 

 

Holding Company :

·         Essar Oil and Gas Limited, Mauritius (EOGL) upto February 15, 2016

·         Essar Energy Holdings Limited (EEHL) w.e.f. February 16, 2016

 

 

Ultimate Holding Company :

Essar Global Fund Limited, Cayman (EGFL)

 

 

Intermediate holding Companies :

·         Essar Energy Limited (Formerly Known as Essar Energy PLC)(EEL)

·         Essar Oil & Gas Limited, Mauritius (EOGL) w.e.f. February 16, 2016

 

 

Associates Company :

·         Vadinar Power Company Limited (VPCL)

·         Vadinar Liquid Terminals Limited (VLTL) w.e.f. March 27, 2015

 

 

Subsidiaries Company :

·         Essar Oil Trading Mauritius Limited(EOTML)

·         Vadinar Properties Limited (VPL) w.e.f. February 18, 2015

·         Essar Oil and Gas Exploration and Production Limited w.e.f. May 10, 2016

 

 

Other related party :

Essar Oil Limited Employees Provident Fund (Controlled Trust)

 

 

Fellow Subsidiaries Company :

·         Aegis Limited(AEGIS)

·         AGC Networks Limited(AGCNET)

·         AGC Networks Pte. Ltd.(AGCNETPTE)

·         Bhander Power Limited(BPL)

·         Equinox Business Parks Private Limited(EBPPL)

·         Essar Bulk Terminal Limited(EBTL)

·         Essar Bulk Terminal Paradip Limited(EBTPL)

·         Essar Bulk Terminal (Salaya) Limited(EBTSL)

·         Essar Energy Overseas Limited(EEOL)

·         Essar Electric Power Development Corporation Limited(EEPDCL)

·         Essar Exploration & Production Limited(EEPL)

·         Essar Exploration & Production Limited, Nigeria(EEPLN)

·         Essar Energy Services (Mauritius) Limited(EESML)

·         Essar Exploration & Production (India) Limited(EEXPIL)

·         Essar Gujarat Petrochemicals Limited(EGPL)

·         Arkay Logistics Limited (FKA Essar Logistics Limited) (ELL)

·         Essar Oil (UK) Limited(EOLUK)

·         Essar Oilfields Services India Limited(EOSIL)

·         Essar Power Gujarat Limited(EPGL)

·         Essar Power Hazira Ltd(EPHL)

·         Essar Project (India) Limited(EPIL)

·         Essar Ports Limited(EPL)

·         Essar Power (Jharkhand) Ltd(EPJL)

·         Essar Power MP Limited(EPMPL)

·         Essar Power Limited(EPOL)

·         Essar Power Orissa Ltd(EPOLL)

·         Essar Power Transmission Company Limited(EPTCL)

·         Equinox Realty & Infrastructure Private Limited(ERIPL)

·         Essar Shipping Limited(ESL)

·         Essar Steel Logistics Limited(ESTLL)

·         Essar Steel (Jharkhand) Limited (From October 19, 2016 upto March 19, 2017)(ESTLR)

·         Essar Steel India Limited(ESTL)

·         Energy Transportation International Limited(ETIL)

·         Ibrox Aviation And Trading Pvt Ltd (From December 1, 2016)(IBROX)

·         Brahmani Thermal Power Private Limited (FKA Navbharat Power Private Limited)(NPPL)

·         Peak Trading Overseas Limited(PTOL)

·         Vadinar Oil Terminal Limited(VOTL)

·         Vadinar Ports & Terminal Limited(VPTL)

·         Essar Refinery Projects Limited, India (FKA Essar

·         Road Projects Limited) upto February 26, 2015(ERPL)

·         Essar Power Hazira Holdings Limited(EPHHL)

·         Essar Energy Holdings Limited Upto February 15, 2016(EEHL).

 

 

CAPITAL STRUCTURE

 

AS ON 31.03.2017

 

Authorised Capital :

No. of Shares

Type

Value

Amount

 

 

 

 

5000000000

Equity Shares

INR 10/- each

INR 50000.000 Million

 

 

 

 

 

Issued and Subscribed Capital:

No. of Shares

Type

Value

Amount

 

 

 

 

1552487155

Equity Shares

INR 10/- each

INR 15524.900 Million

 

Paid-up Capital :

No. of Shares

Type

Value

Amount

 

 

 

 

1490561155

Equity Shares

INR 10/- each

INR 14905.600 Million

61926000

Add : Forfeited shares - Equity shares of INR  10 each

 

INR 166.000 Million

 

 

 

 

 

Total

 

INR 15071.600 Million

 

 

a)     Reconciliation of the number of shares outstanding at the beginning and at the end of the year :

 

Particulars

As at March 31, 2017

 

Number of

shares

Amount

Shares outstanding at the beginning of the year

1450668359

14506.700

Add : Equity shares issued

39892796

398.900

Shares outstanding at the end of the year

1490561155

14905.600

 

The above includes 951,463,854 underlying equity shares represented by 6,218,718 outstanding global depository shares (GDS). Each GDS represents 153 underlying equity shares.

 

b) The rights, preferences and restrictions attached to each class of shares including restrictions on the distribution of dividends and the repayment of capital:

 

The Company has only one class of equity shares having a par value of INR 10 per share. Each holder of an equity share is entitled to one vote per share.

 

In the event of liquidation of the Company, the holders of equity shares will be entitled to receive the remaining assets of the Company, after distribution of all preferential amounts. The distribution will be in proportion to the number of equity shares held by the shareholders.

 

Holders of GDS are entitled to receive dividends, subject to the terms of the Deposit Agreement, to the same extent as the holders of shares, less the fees and expenses payable under the Deposit Agreement and any Indian tax applicable to such dividends. Holders of GDS had no direct voting rights in respect of shares, which underlie the GDS. With the amendment of the Depository Agreement on February 14, 2017, the holders of GDS are entitled to instruct the Depository to exercise the voting rights, arising under the equity shares represented by the GDS at general meetings and through postal ballot.

 

 

c) Shares held by holding / ultimate and Intermediate holding company and / or their subsidiaries / associates and shareholders holding more than 5% shares (including GDS) in the Company:

 

Particulars

As at March 31, 2017

 

Number of

shares

% of share

6,218,718 (6,218,718 as at March 31, 2016 and 1,457,718 as at April 01, 2015) GDS held by Essar Energy Holdings Limited, Mauritius

951463854

63.83%

Equity shares held by Essar Energy Holdings Limited, Mauritius

396607443

26.61%

Equity Shares held by Oil Bidco (Mauritius) Limited, a promoter entity as defined in SEBI (Issue of Capital and Disclosure Requirements) Regulation, 2009

116581496

7.82%


 

FINANCIAL DATA

[all figures are in INR Million]

 

ABRIDGED BALANCE SHEET

 

SOURCES OF FUNDS

 

31.03.2017

31.03.2016

31.03.2015

I.      EQUITY AND LIABILITIES

 

 

 

(1)Shareholders' Funds

 

 

 

(a) Share Capital

15071.600

14672.700

14661.200

(b) Reserves & Surplus

175476.000

168458.200

158135.900

(c) Money received against share warrants

0.000

0.000

0.000

 

 

 

 

(2) Share Application money pending allotment

0.000

0.000

0.000

Total Shareholders’ Funds (1) + (2)

190547.600

183130.900

172797.100

 

 

 

 

(3) Non-Current Liabilities

 

 

 

(a) Long-term borrowings

140566.100

178681.400

163045.600

(b) Deferred tax liabilities (Net)

45223.100

48799.100

39590.500

(c) Other long term liabilities

2529.000

20576.600

20934.900

(d) long-term provisions

0.000

51.400

51.400

Total Non-current Liabilities (3)

188318.200

248108.500

223622.400

 

 

 

 

(4) Current Liabilities

 

 

 

(a) Short term borrowings

101516.600

112541.000

100693.600

(b) Trade payables

261590.400

253095.600

210966.400

(c) Other current liabilities

108905.700

68754.300

78992.800

(d) Short-term provisions

246.300

276.800

240.600

Total Current Liabilities (4)

472259.000

434667.700

390893.400

 

 

 

 

TOTAL

851124.800

865907.100

787312.900

 

 

 

 

II.    ASSETS

 

 

 

(1) Non-current assets

 

 

 

(a) Fixed Assets

 

 

 

(i) Tangible assets

388356.000

402369.900

404864.000

(ii) Intangible Assets

282.800

300.700

254.800

(iii) Capital work-in-progress

4000.400

36248.200

33334.100

(iv) Intangible assets under development

0.000

0.000

0.000

(b) Non-current Investments

1470.200

1047.500

10755.800

(c) Deferred tax assets (net)

0.000

0.000

0.000

(d)  Long-term Loan and Advances

0.000

0.000

3123.200

(e) Other Non-current assets

75201.100

27013.600

36233.300

Total Non-Current Assets

469310.500

466979.900

488565.200

 

 

 

 

(2) Current assets

 

 

 

(a) Current investments

0.000

10344.800

13096.000

(b) Inventories

69856.200

39425.000

51308.900

(c) Trade receivables

174649.100

156265.400

123964.600

(d) Cash and cash equivalents

33667.500

15878.900

20442.700

(e) Short-term loans and advances

2573.400

75982.700

15881.500

(f) Other current assets

101068.100

101030.400

74054.000

Total Current Assets

381814.300

398927.200

298747.700

 

 

 

 

TOTAL

851124.800

865907.100

787312.900

 

 

PROFIT & LOSS ACCOUNT

 

 

PARTICULARS

 

31.03.2017

31.03.2016

31.03.2015

 

SALES

 

 

 

 

 

Revenue from Operations

720845.700

623811.700

832058.100

 

 

Other Income

28492.600

22883.000

10264.100

 

 

TOTAL                                    

749338.300

646694.700

842322.200

 

 

 

 

 

Less

EXPENSES

 

 

 

 

 

Cost of Materials Consumed

419657.500

366635.300

703364.000

 

 

Purchases of Stock-in-Trade

78885.200

50302.400

29193.500

 

 

Changes in inventories of finished goods, work-in-progress and Stock-in-Trade

(12445.800)

7251.400

14790.100

 

 

Employees benefits expense

4217.000

3193.200

2292.100

 

 

Other expenses

34992.500

41402.800

35044.800

 

 

Excise Duty

112155.200

97843.100

0.000

 

 

Exceptional Items

52511.900

7127.700

9180.000

 

 

TOTAL                                    

689973.500

573755.900

793864.500

 

 

 

 

 

 

PROFIT BEFORE INTEREST, TAX, DEPRECIATION AND AMORTISATION

59364.800

72938.800

48457.700

 

 

 

 

 

Less

FINANCIAL EXPENSES                       

37656.800

26821.700

25671.800

 

 

 

 

 

 

PROFIT/ (LOSS) BEFORE TAX, DEPRECIATION AND AMORTISATION              

21708.000

46117.100

22785.900

 

 

 

 

 

Less/ Add

DEPRECIATION/ AMORTISATION                    

16809.900

15731.900

7571.200

 

 

 

 

 

 

PROFIT/ (LOSS) BEFORE TAX                        

4898.100

30385.200

15214.700

 

 

 

 

 

Less

TAX                                                                 

16108.500

17499.300

0.000

 

 

 

 

 

 

PROFIT/ (LOSS) AFTER TAX               

(11210.400)

12885.900

15214.700

 

 

 

 

 

 

EARNINGS IN FOREIGN CURRENCY

 

 

 

 

Interest

 

967.900

 

 

FOB value of exports

 

 

369819.900

 

 

On commodity hedging

 

 

23878.300

 

 

Income from technical services

 

 

248.000

 

 

Overseas Trading of Crude

 

 

2481.200

 

 

Others

 

 

25.100

 

TOTAL EARNINGS

NA

NA

397420.400

 

 

 

 

 

 

IMPORTS

 

 

 

 

 

Raw Materials

581117.400

 

 

Components and spare parts (including other consumable spares and coal)

 

 

6137.400

 

 

Capital Goods

 

 

2950.100

 

TOTAL IMPORTS

NA

NA

590204.900

 

 

 

 

 

 

Earnings/ (Loss) Per Share (INR)

 

 

 

 

Basic

(7.70)

8.89

10.50

 

Diluted

(7.70)

8.87

10.48

 

 

CURRENT MATURITIES OF LONG TERM DEBT DETAILS

 

PARTICULARS

 

31.03.2017

31.03.2016

31.03.2015

Current Maturities of Long term Borrowings

25229.300

15866.700

17031.100

 

 

 

 

Net Cash generated from operating activities

94128.200

72356.300

29388.800

 

 

 

 

Net cash generated from operating activities

91696.300

71500.200

29913.800

 

 

KEY RATIOS

 

EFFICIENCY RATIOS

 

PARTICULARS

 

31.03.2017

31.03.2016

31.03.2015

Average Collection Days

(Sundry Debtors / Income * 365 Days)

88.43

91.43

54.38

 

 

 

 

Account Receivables Turnover

(Income / Sundry Debtors)

4.13

3.99

6.71

 

 

 

 

Average Payment Days

(Sundry Creditors / Purchases * 365 Days)

191.52

221.57

105.11

 

 

 

 

Inventory Turnover

(Operating Income / Inventories)

0.85

1.85

0.94

 

 

 

 

Asset Turnover

(Operating Income / Net Fixed Assets)

0.15

0.17

0.11

 

LEVERAGE RATIOS

 

PARTICULARS

 

31.03.2017

31.03.2016

31.03.2015

Debt Ratio

((Borrowing + Current Liabilities) / Total Assets)

0.75

0.73

0.73

 

 

 

 

Debt Equity Ratio

(Total Liability / Networth)

1.40

1.68

1.62

 

 

 

 

Current Liabilities to Networth

(Current Liabilities / Net Worth)

2.48

2.37

2.26

 

 

 

 

Fixed Assets to Networth

(Net Fixed Assets / Networth)

2.06

2.40

2.54

 

 

 

 

Interest Coverage Ratio

(PBIT / Financial Charges)

1.58

2.72

1.89

 

PROFITABILITY RATIOS

 

PARTICULARS

 

 

31.03.2017

31.03.2016

31.03.2015

Net Profit Margin

((PAT / Sales) * 100)

%

(1.56)

2.07

1.83

 

 

 

 

 

Return on Total Assets

((PAT / Total Assets) * 100)

%

(1.32)

1.49

1.93

 

 

 

 

 

Return on Investment (ROI)

((PAT / Networth) * 100)

%

(5.88)

7.04

8.80

 

SOLVENCY RATIOS

 

PARTICULARS

 

31.03.2017

31.03.2016

31.03.2015

Current Ratio

(Current Assets / Current Liabilities)

0.81

0.92

0.76

 

 

 

 

Quick Ratio

((Current Assets – Inventories) / Current Liabilities)

0.66

0.83

0.63

 

 

 

 

G-Score Ratio Financial

(Networth / Total Assets)

0.22

0.21

0.22

 

 

 

 

G-Score Ratio Debt

(Debts / Equity Capital)

17.74

20.93

19.15

 

 

 

 

G-Score Ratio Liquidity

(Total Current Assets / Total Current Liabilities)

0.81

0.92

0.76

Total Liability = Short-term Debt + Long-term Debt + Current Maturities of Long-term debts

 


 

 

FINANCIAL ANALYSIS

[all figures are in INR Million]

 

DEBT EQUITY RATIO

 

Particular

31.03.2015

31.03.2016

31.03.2017

 

INR In Million

INR In Million

INR In Million

Share Capital

14661.200

14672.700

15071.600

Reserves & Surplus

158135.900

168458.200

175476.000

Share Application money pending allotment

0.000

0.000

0.000

Net worth

172797.100

183130.900

190547.600

 

 

 

 

long-term borrowings

163045.600

178681.400

140566.100

Short term borrowings

100693.600

112541.000

101516.600

Current Maturities of Long term Borrowings

17031.100

15866.700

25229.300

Total borrowings

280770.300

307089.100

267312.000

Debt/Equity ratio

1.625

1.677

1.403

 

 

 

YEAR-ON-YEAR GROWTH

 

Year on Year Growth

31.03.2015

31.03.2016

31.03.2017

 

INR In Million

INR In Million

INR In Million

Sales

832058.100

623811.700

720845.700

 

 

-25.028

15.555

 

 

 

NET PROFIT MARGIN

 

Net Profit Margin

31.03.2015

31.03.2016

31.03.2017

 

INR In Million

INR In Million

INR In Million

Sales

832058.100

623811.700

720845.700

Profit/ (Loss)

15214.700

12885.900

(11210.400)

 

1.83%

2.07%

(1.56%)

 


LOCAL AGENCY FURTHER INFORMATION

 

Sr. No.

Check list by info agents

Available in Report

(Yes/No)

1

Year of establishment

Yes

2

Constitution of the entity -Incorporation details

Yes

3

Locality of the entity

Yes

4

Premises details

No

5

Buyer visit details

--

6

Contact numbers

Yes

7

Name of the person contacted

No

8

Designation of contact person

No

9

Promoter’s background

Yes

10

Date of Birth of Proprietor / Partners / Directors

Yes

11

Pan Card No. of Proprietor / Partners

No

12

Voter Id Card No. of Proprietor / Partners

No

13

Type of business

Yes

14

Line of Business

Yes

15

Export/import details (if applicable)

No

16

No. of employees

No

17

Details of sister concerns

Yes

18

Major suppliers

No

19

Major customers

No

20

Banking Details

Yes

21

Banking facility details

Yes

22

Conduct of the banking account

--

23

Financials, if provided

Yes

24

Capital in the business

Yes

25

Last accounts filed at ROC, if applicable

Yes

26

Turnover of firm for last three years

Yes

27

Reasons for variation <> 20%

--

28

Estimation for coming financial year

No

29

Profitability for last three years

Yes

30

Major shareholders, if available

Yes

31

External Agency Rating, if available

No

32

Litigations that the firm/promoter involved in

--

33

Market information

--

34

Payments terms

No

35

Negative Reporting by Auditors in the Annual Report

No

 

 

 

INDEX OF CHARGES

 

SNO

SRN

CHARGE ID

CHARGE HOLDER NAME

DATE OF CREATION

DATE OF MODIFI

CATION

DATE

OF SATIS

FACTION

AMOUNT

ADDRESS

1

G502

80700

100115540

IDBI TRUSTEESHIP SERVICES LIMITED

29/06/2017

-

-

30600000000.0

ASIAN BUILDING, GROUND FLOOR, 17,R. KAMANI MARG, BALLARD ESTATEMUMBAIMH400001IN

2

G46730354

100105116

IDFC BANK LIMITED

17/05/2017

-

-

3050000000.0

KRM TOWER, 7TH FLOOR, NO. 1,HARRINGTON ROAD, CHETPET,CHENNAITA600031IN

3

G60435013

100131707

POWER FINANCE CORPORATION LIMITED

11/05/2017

-

-

16958900000.0

'URJANIDHI', 1,BARAKHAMBA LANE,CONNAUGHT PLACE,NEW DELHIDE110001IN

4

G57786188

100128997

POWER FINANCE CORPORATION LIMITED

09/05/2017

-

-

20533900000.0

'URJANIDHI', 1,BARAKHAMBA LANE,CONNAUGHT PLACE,NEW DELHIDE110001IN

5

G04079828

100028181

YES BANK LIMITED

29/03/2016

-

-

12500000000.0

9TH FLOOR, NEHRU CENTRE, DISCOVERY OF INDIA,DR. ANNIE BESANT ROAD, WORLI,MUMBAIMH400018IN

6

G01471838

100019556

YES BANK LIMITED

21/12/2015

-

-

14500000000.0

9TH FLOOR, NEHRU CENTRE, DISCOVERY OF INDIA,DR. ANNIE BESANT ROAD, WORLI,MUMBAIMH400018IN

7

G37750684

10581141

IDBI TRUSTEESHIP SERVICES LIMITED

25/06/2015

21/12/2016

-

11000000000.0

ASIAN BLDG., GROUND FLOOR, 17, R.KAMANI MARG,BALLARD ESTATE,MUMBAIMH400001IN

8

C57136343

10574162

IDBI TRUSTEESHIP SERVICES LIMITED

02/06/2015

02/06/2015

-

57820000000.0

ASIAN BLDG., GROUND FLOOR, 17, R.KAMANI MARG,BALLARD ESTATE,MUMBAIMH400001IN

9

C60989712

10559579

IDBI TRUSTEESHIP SERVICES LIMITED

20/03/2015

14/07/2015

-

34291723440.0

ASIAN BLDG., GROUND FLOOR, 17, R.KAMANI MARG,BALLARD ESTATE,MUMBAIMH400001IN

10

C21597612

10520436

IDBI TRUSTEESHIP SERVICES LIMITED

11/09/2014

11/09/2014

-

4650000000.0

ASIAN BLDG., GROUND FLOOR, 17, R.KAMANI MARG,BALLARD ESTATE,MUMBAIMH400001IN

 

 

UNSECURED LOANS

 

PARTICULARS

31.03.2017

(INR In Million)

31.03.2016

(INR In Million)

LONG-TERM BORROWINGS

 

 

Finance lease obligation

 

 

From related parties

12024.300

12134.900

From others

0.000

3.200

Other loans

 

 

Conditional grant from a bank

0.000

82.000

Amount included under Other financial liabilities (Current)

(66.100)

(113.800)

 

 

 

Total

 

11958.200

12106.300

 

 

GENERAL BACKGROUND:

 

Essar Oil Limited (the Company) is a public limited company incorporated under the provisions of the Companies Act, 1956. It is primarily engaged in the business of refining of crude oil and marketing of petroleum products in domestic and overseas markets. It was also engaged in oil and gas exploration and production activities, which activity has been discontinued from 31st March, 2017.

 

On October 15, 2016 the majority shareholders of the Company had entered into agreements (SPAs) to sell their shares following which, inter alia, the Company initiated and is presently in the final stages of completing the following actions:

 

 (a) Sale of its Exploration and Production (E&P) business

 (b) L iquidating amounts due from certain entities

 (c) A cquisition of Vadinar Oil Terminal Limited (VOTL) and Vadinar Power Company Limited (VPCL)

 

The financial statements were approved for issue by the board of directors on 1st August, 2017.

 

The financial statements are presented in Indian Rupees (`) and all values are rounded to the nearest Crore, except where otherwise indicated.

 

 

STATE OF COMPANY’S AFFAIRS

 

Their Refinery has delivered excellent operating and financial performance for the financial year ended March 31, 2017 post successful completion of a shut-down in the mid of FY 2015-16. They have generated an impressive momentum in expanding our retail network for sale of petroleum products as well as leveraging the potential of our existing network. Their retail network reached to 6,130 as of March 31, 2017 out of which 3,499 retail outlets were operating and balance sites were under various stages of implementation.

 

They operate in an industry that involves heavy machinery, chemical processes that have the potential for hazards. Essar Oil is committed to the health and safety of its employees, contractors and customers. Keeping their employees safe, healthy and secure is their highest priority. They believe our safety culture starts with organizational leaders and extends to all who work for their organization and by actively caring for each other, their customers and the community. They are happy to share that the refinery has set a benchmark with 3,286 LTI free days as on March 31, 2017.

 

GLOBAL MARKETS AND INDUSTRY OVERVIEW

 

Global growth is expected to rise from 3.1% in 2016 to 3.5% in 2017 and 3.6% in 2018 led by stronger economic activity in last quarter of 2016, resulting in higher growth expectations in the coming years.

 

The oil demand growth registered in 2016 was 1.6 million bpd including unexpected growth in the mature Organisation for Economic Co-operation and Development (OECD) markets partly due to colder than normal weather and higher demand from industrial fuel users. More than 75% of the global growth in output and consumption will be contributed by emerging markets and developing economies like India and China.

 

During the year, Dubai crude prices moved higher from USD 35/bbl in March 2016 to USD 51/bbl by March 2017, partly due to the agreement by the Organization of the Petroleum Exporting Countries (OPEC) and other producers to cut oil production. While question-marks remain over the adequacy and duration of the production cuts, compliance has been good and the agreement has provided price support. Stronger activity and expectations of more robust future global demand also contributed to strengthening of oil prices since their lows in early 2016 despite higher production of shale oil.

 

The energy markets would continue to be impacted by the geo-political developments around the globe. US instance on climate change, as well as US policy with respect to infrastructure spending, international trade and Iran are likely to impact global energy markets. In Europe, the impact of Brexit and the rise of populist parties also

will have an impact on the political stability and the economies of the Europe while China’s ‘One Belt, One Road’ programme and India’s ‘Make in India’ initiative should add new impetus to economic growth in the major East of Suez markets.

 

On the oil products markets, gasoline demand remained strong in the wake of lower oil prices even though the pace of growth was not as high as previous year. Demand growth in the US, India and China has supported gasoline prices and margins though they were not as high as previous year due to high stock levels. Distillate demand which had been at a low ebb, impacted by the slowdown in Chinese economic growth, picked up towards the end of the year with increased mining and oil drilling activity in US. Cleaner fuels mandates in the US, China

and India will tighten the market for ultra-low Sulphur grades of gasoline and diesel. Naphtha margins also remained supported due to high petrochemical margins and resultant increased demand from Far East Asia.

 

A significant development that has occurred in the previous year is the decision by the International Maritime Organization (IMO) to proceed with lowering sulphur bunker fuel emissions standards in 2020. This will serve to transform bunker fuel from a low quality residual product to a much higher quality blended fuel. Responses to ‘IMO 2020’ will transform both the shipping and refining industries, and are likely to have a significant impact on crack spread relationships both for fuel oil and for middle distillates.

 

INDIA PERSPECTIVE:

 

India has become the world’s sixth largest economy by GDP, overtaking United Kingdom during the previous financial year. The country is also the world’s fastest growing large economy, surpassing China, and would retain the title for foreseeable future as per the International Monetary Forum.

 

India’s high growth trajectory coincides with oil demand growth far outpacing any other country in the region. The country is gradually becoming the focus of attention as Chinese demand growth slows. Indeed, India has overtaken Japan and South Korea as the second largest consumer of oil in Asia-Pacific. Indian per capita oil consumption is expected to grow from the current 1.2 barrels per year to 1.5 barrels per year over the next 5 years.

 

To meet its energy requirements, the country is dependent on a mix of Coal, Oil and Gas. While the government is providing impetus to the renewable sources of energy, India remains the third largest crude importer in the world, behind US and China. The country is dependent on imports to meet nearly 80% of its oil needs.

 

The country has benefited immensely from the current low oil price environment, which has aided the government in removing obstacles to investment in energy supply while also focusing on energy efficiency and pricing reforms. The initiatives towards use of cleaner fuels like LPG and low-emission transportation fuels has benefitted

millions of domestic consumers, apart from helping the environment.

 

 

REFINERY OPERATIONS

 

The refinery made a remarkable step forward in its journey during the year 2016-17 where the Company achieved several significant milestones. The Company could scale up its performance and reach new heights due to committed hard work, excellent coordination, focus on execution and innovation. This gives huge satisfaction and confidence that our Refinery will achieve greater heights in future.

 

Continuing its record of operating beyond its rated capacity, the Refinery processed 20.94 MMT of crude during the year, highest ever, against its nameplate capacity of 20.00 MMTPA. Other major performance highlights include highest ever production of HSD (10,053 kT), MS (3,498 kT) and highest ever crude receipt through SPM (18.7 MMT). Another major successful achievement has been processing alternate Crudes for Mangala in CDU – 2.

 

The highest reliability & availability of units is the main factor for achieving the best refinery performance so far. All process units at the Refinery were operated with high level of capacity utilization with excellent reliability & safety. The Company achieved 100% availability of primary units and 99.5% average availability of all refinery units.

 

In order to sustain and further improve reliability, Project “Vishisht”, Asset Performance Management for Risk Based Inspection and Reliability Centric Maintenance was successfully operationalised.

 

 

MARKETING PERFORMANCE

 

The Company continued to expand its retail network. In FY 2016- 17, the Company added 1,400 new retail outlets to reach 3,499 operational retail outlets across the country and 2,631 retail outlets were under various stages of implementation as of March 31, 2017. The sales from retail operations grew by 69% from 1.64 million KL in financial year 2015–16 to 2.80 million KL in FY 2016–17. This growth can mainly be attributed to expansion of Company’s retail network as well as opportunity presented to the private players in the retail segment by deregulation of diesel prices, thereby linking the price of diesel to the global markets.

 

The Company continues to be the preferred supplier to a wide range of customers in diverse industrial segments such as cement factories, power plants, chemical industries, fertilizer plants and construction companies. Essar Oil sells its products in both domestic and international markets. During financial year 2016-17, the Company sold 8.97 MMT of products in the domestic market, representing 47% of our total sales and the remaining 53% products were sold in the International market. Public sector oil marketing companies continued to be their major customers, contributing to around 38% of their entire domestic sales volumes.

 

In another landmark reform, the Government of India has implemented daily pricing for Motor Spirit and High Speed Diesel. Initially, it was implemented on pilot basis in 5 cities namely Udaipur, Vizag, Puducherry, Jamshedpur and Chandigarh effective from May 1, 2017 and from June 16, 2017, the same was implemented

across the country, thus, aligning the prices at the Retail Outlets to the international markets on daily basis.

 

PERFORMANCE OF EXPLORATION & PRODUCTION DIVISION

 

The Company had a portfolio of six E&P assets out of which five blocks were in the unconventional coal bed methane (CBM) space at various locations across the country. CBM production from their flagship CBM Project, located at Raniganj East, Durgapur in West Bengal registered a significant growth during this year, with production of close to 920,000 scmd as of March 31, 2017.

 

As part of the Company’s plans to move out of Exploration & Production business and to focus on Refining and Marketing activities, the Company had obtained approval of the Shareholders by way of postal ballot on January 9, 2017 for hiving off of E&P Business, to its wholly owned subsidiary, Essar Oil and Gas Exploration and Production Limited (EOGEPL). The Company entered into a Business Transfer Agreement (BTA) with EOGEPL. The E&P Business has been transferred to EOGEPL on March 31, 2017 pursuant to the BTA. As approved by Shareholders, the investment in EOGEPL was subsequently sold to Essar Exploration and Production Limited, Mauritius.

 

 

CONTINGENT LIABILITIES:

 

Particulars

31.03.2017

(INR In Million)

31.03.2016

(INR In Million)

a) Claims against the Company not acknowledged as debts

 

 

(i) In respect of income tax

738.600

709.300

(ii) In respect of sales tax / VAT{ includes likely reimbursement of INR 19282.500 million (as at March 31, 2016 INR 13781.200 million and as at April 01, 2015 INR Nil) }

24946.100

16327.500

(iii) In respect of custom duty / excise duty / service tax {includes likely reimbursement of INR 472.200 million (as at March 31, 2016 INR Nil and as at April 01, 2015 INR Nil)}

5676.400

4949.400

(iv) Others {including INR Nil (as at March 31, 2016 INR 5.400 million and as at April 01, 2015 INR 5.100 million) pertaining to joint venture}

2246.700

2107.700

Others includes certain arbitration matters INR 55.500 million (as March 31, 2016 INR 55.500 million and INR 987.600 million as at April 01, 2015), Insurance related claim INR 1237.000 million (as March 31, 2016 INR 1099.900 million and INR 1029.900 million as at April 01, 2015), Gujarat entry tax INR 35.100 million (as March 31, 2016 INR 35.100 million and INR 35.100 million as at April 01, 2015), additional compensation in land acquisition matter INR 7.900 million (as March 31, 2016 INR 7.700 million and INR 7.400 million as at April 01, 2015), E & P legal disputes/claims INR Nil (as March 31, 2016 INR 292.300 million and INR 280.900 million as at April 01, 2015), Green cess matter INR 162.700 million (as March 31, 2016 INR 131.000 million and INR 101.000 million as at April 01, 2015), Renewable Purchase Obligation of INR 189.200 million (as March 31, 2016 INR 131.200 million and INR Nil as at April 01, 2015) and Other miscellaneous claims of INR 559.300 million (as March 31, 2016 INR 355.000 million and INR 2.400 million as at April 01, 2015).

 

 


FIXED ASSETS:

 

Tangible Assets

 

 

Intangible assets

 

 

 

PRESS RELEASES:

 

DEFAULTERS MAY FOLLOW ESSAR ROUTE TO BLOCK BANKRUPTCY

 

Jul 06, 2017

 

 

MUMBAI: A number of large loan defaulters may follow the footsteps of Essar Steel by approaching courts to block bankruptcy proceedings against them, after the steelmaker got a stay on hearings on an insolvency petition moved by a bank.


Essar Steel is among a dozen defaulting companies identified by the Reserve Bank of India for speedy recovery under the Insolvency and Bankruptcy Code, after the regulator was empowered by the government to direct lenders to take action against defaulters. Hearings in the RBI-identified cases started at the National Company Law Tribunal (NCLT) last week.

 

On Tuesday, Essar Steel filed a ‘special civil application’ in the Gujarat High Court challenging the proceedings initiated by Standard Chartered, seeking its intervention on grounds that the company was discriminated against by the RBI and lenders since they have given other defaulters six months to come up with a restructuring plan. On the plea, the high court stayed further hearings in the Essar Steel case before NCLT’s Ahmedabad bench.

 

Lawyers said while the new recovery law does not give powers to civil courts to stall bankruptcy proceedings, the companies may approach courts alleging discrimination, as Essar has done.

 

"I think each company has different circumstances but these borrowers can challenge the RBI circular because the RBI has handpicked these 12 companies over other defaulters,” said Nishit Dhruva, managing partner at law firm MDP & Partners.

 

In a communication on June 15, the RBI advised banks to initiate insolvency proceedings against Bhushan Steel BSE -2.17 % (INR 444780.000 Million), Lanco Infra (INR 443650.000 Million), Essar Steel (INR 372840.000 Million), Bhushan Power (INR 372480.000 Million), Alok Industries (INR 220750.000 Million), Amtek Auto (INR 140750.000 Million), Monnet Ispat (Rs 12,115 crore), Electrosteel SteelsBSE -4.99 % (INR 102740.000 Million), Era Infra (INR 100650.000 Million), Jypaee Infratech (INR 96350.000 Million), ABG Shipyard (INR 69530.000 Million) and Jyoti Structures (INR 51650.000 Million). The NCLT has so far admitted Jyoti Structures' case for insolvency proceedings.

 

People dealing with some of the defaulters on the RBI list said they may also consider approaching courts. The companies themselves didn’t make any comment.


All of Essar Steel’s lenders have classified their loans to the company as bad. State Bank of India BSE -1.80 %, the lead bank, has received consent from 89% of the lenders to initiate insolvency resolution proceeding on Essar Steel. StanChart has opted to pursue its case separately.


In its petition, Essar Steel contended that it had cleared INR 34670.000 Million of dues and argued that an admission by the NCLT of the insolvency application would transfer the administration of an otherwise healing company into the hands of an interim resolution professional.


The steel company also challenged setting March 2016 as the cut-off date for defaults as it does not take into development thereafter. While bankers say that as long as the company is classified as in default they have the right to approach the NCLT for recovery of arrears, lawyers say that the resolution of these non-performing assets may happen only after a long protracted battle.


“Other borrowers short-listed by the RBI will also take this opportunity; why not? Soon we may start seeing others also challenging the RBI circular,” said Meenakshi Iyer, partner at Advaya Legal. “This is a question of an entire company being wound up so these borrowers are likely to fight tooth and nail against it.”

 

ESSAR GROUP, TATAS, ARCELORMITTAL EYEING ESSAR STEEL

 

Oct 29, 2017

Top global players including Tata Steel, Essar Group and ArcelorMittal are learnt to have submitted bids to acquire debt-laden Essar Steel which is going through the insolvency resolution process.

Essar Steel India Ltd, an integrated steel producer with an installed capacity of 10 million tonnes per annum (MTPA) is undergoing Corporate Insolvency Resolution Process (CIRP) under the provisions of Insolvency and Bankruptcy Code.

The expression of interest (EoI) for the company was invited by October 23.

"Essar Group has submitted EoI for Essar Steel. A resolution plan will be submitted to IRP within the scheduled time frame," an Essar Group Spokesperson said.

Asked about the rationale for bidding, the spokesperson said IBC allows promoters to bid for their company at the NCLT and there are no limitations.

He added that the entire process is on a purely commercial basis and the final selection is done based on the highest bid offered for the NCLT company.

"This practice of promoters being permitted to bid in bankruptcy/insolvency cases is prevalent in the US, UK and many developed and developing countries," the spokesperson said.

Meanwhile, a source said: "Essar Group, participating in the bid has submitted EoI for Essar Steel along with a letter of comfort from Russia's VTB capital which is a financial services company. It is the investment arm of the VTB group.

A global financial services provider, the VTB group comprises over 20 credit institutions and financial companies operating across all key areas of the financial markets.

The group operates a large international network and the majority shareholder of the VTB Bank is the Russian government, which owns 60.9 percent of the voting shares.

When contacted with regard to participation in the bid, a Tata Steel spokesperson said, "We keep looking at these options, these are all stressed assets in the country. And as a process...we keep looking at these assets."

A query sent to world's largest steelmaker ArcelorMittal, however, remained unanswered.

A Vedanta spokesperson, when asked in this regard, said the company has not shown any expression of interest.

Essar Steel is among the largest single location steel producers with a 10 MTPA liquid steel capacity. Besides, it has beneficiation and pellet making capacity of 20 MTPA spread across Vizag and Paradeep.

The company said it has made a gross investment of over INR 50000.000 Million to set up the facilities. Besides, shareholders have infused equity of over INR 160000.000 Million till date.

It employs approximately 4,500 persons directly and more than 30,000 people indirectly.

Among state-owned firms, when contacted, a SAIL spokesperson, denied having any knowledge of the steel PSU submitting any expression of interest.

Steel Minister Chaudhary Birender Singh had last month, when asked about plans for PSUs acquiring stressed assets of companies in the sector recommended for insolvency, had told PTI that "As far as stressed assets are concerned, only a few companies are from the steel sector... One of the PSUs made a request (for acquiring) to the Finance Ministry in this regard."

Promoted by Ruias, who recently exited Essar Oil, Essar Steel was among the initial 12 companies identified by the Reserve Bank of India (RBI) for insolvency proceedings.

Led by SBI, lenders in June this year had decided to begin insolvency proceedings against Bhushan Steel, Essar Steel and Electrosteel Steels by referring them to the National Company Law Tribunal (NCLT) for recovery under IBC.

The decision was taken at a marathon meeting chaired by the State Bank of India.

Essar Steel owes about INR 450000.000 Million to lenders.

 

 

ESSAR STEEL INSOLVENCY: REAL DEAL OR WINDOW SHOPPING

 

October 26, 2017

In India, important economic legislation has a habit of jumping off the deep end.

The rules to operationalise the Companies Act, 2013, the first big company law rewrite in over 50 years, were being finalised on the midnight before the law came into force.

The Goods and Services Tax, rates for which were announced barely a month before implementation, has plunged small Indian businesses into sink-or-swim mode.

And now the Insolvency and Bankruptcy Code (IBC) will pass one* of its first important tests by attempting to resolve an asset with no less than INR 440000.000 Million in debt. In just over a year of its enactment.

The Essar Steel matter is trial by fire.

It has all the ingredients of a potboiler.

The Bid Process

The 5 interested parties (the bidders)—Tata Steel Ltd., Arcelor Mittal, Vedanta India Ltd., Sumitomo and SAIL—will now have to present resolution plans to the resolution professional.

Before that, an information memorandum will have to be circulated, site visits organised, books opened up. As it's an unlisted company, limited current information is available on Essar Steel.

Who will ensure the bidders get all the information they need to present competitive resolution plans (bids)? After all, they are competing with an insider—the Ruias.

These are just some questions bidders will grapple with.

From financial statements to material litigation to liquidation value, the IBC regulations list all the information to be provided in the memorandum. Some resolution professionals are also creating a data room to give bidders access to more meaningful information, says bankruptcy lawyer Alok Dhir in a phone chat. But he agrees that in cases where the promoter is permitted to bid, other bidders will be at a disadvantage and this may hurt bid pricing.

In cases where promoters are also permitted to bid, they clearly have more information as against the unconnected resolution applicants and due to this information asymmetry, the other resolution applicants may discount their bid prices, due to which values achieved under the IBC are not necessarily the best value for the assets/corporate debtor.

 

Alok Dhir, Managing Partner, Dhir & Dhir Associates

The promoter is an insider, one can’t help that. It’s like that everywhere, says a financial sector expert who didn’t want to be identified.

He believes the promoter has an advantage only when taking a point of view on contingencies. Otherwise, bid prices will be similar he says, drawing a distinction only between strategic and financial players.

Price Rules?

Conventional wisdom suggests the bidder that offers the best price for the company i.e.: smallest haircut for the lenders, should prevail.

But will the resolution professional and thereafter the committee of creditors consider other criteria? The law doesn’t require it. All it says is the committee may “approve any resolution plan” with or without modifications and that the plan needs 75 percent approval.

The committee of creditors may approve a resolution plan by a vote of not less than seventy five percent of voting share of the financial creditors.

 

The committee may approve any resolution plan with such modifications as it deems fit.

 

Will Ruias Let Go Easily?

More scenario gazing, more questions. What if the Ruias offer to match the best bid? Sure, they'd have to explain how they now have the money to support this if till March they didn't. And maybe they'll cite the Essar Oil Ltd. sale to explain their new-found financial might.

But would a resolution professional and the committee of creditors make room for such a situation? Will they lean towards the comfort of returning the company to the hands that built it?

If such a possibility were to arise, would it be necessary for the bid to beat the restructuring plan which the Ruias claim the company was close to finalising with lenders before it ended up in the insolvency process?

If the terms of the bid, which would necessarily include an upfront payment and debt repayment plan, are no better than the half-finalised restructuring plan, would this process be considered a failure?

The proposed restructuring plan details are not in the public domain. So only the company and its lenders would be able to make that comparison. The Ruias, of course, know how to better the restructuring plan. Other bidders don't.

The Litmus Test

As it unfolds, this resolution process will answer some critical questions, setting precedent for all the other large insolvencies the RBI has lined up.

In the face of promoter reluctance to sell, can the lenders prevail?

How many bidders will eventually show keenness to tangle with the Ruias in seeking to capture control?

Will the Ruias participation vitiate, or at least complicate, the process?

Will price be the final determinant in such a bid process or will "other factors" come into play?

Will the bid necessarily better the claimed restructuring terms?

If the Ruias make the best bid and win back the asset, no matter the legitimacy of the process, will it be deemed a farce?

Will this end up being a window shopping exercise for the other bidders?

Many lawyers don’t share that cynicism.

 


 

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 records exist designating subject or any of its beneficial owners, controlling shareholders or senior officers as terrorist or terrorist organization or whom notice had been received that all financial transactions involving their assets have been blocked or convicted, found guilty or against whom a judgement or order had been entered in a proceedings for violating money-laundering, anti-corruption or bribery or international economic or anti-terrorism sanction laws or whose assets were seized, blocked, frozen or ordered forfeited for violation of money laundering or international anti-terrorism laws.

 

2]         Court Declaration :

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

 

3]         Asset Declaration :

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

 

4]         Record on Financial Crime :

            Charges or conviction registered against subject:                                                           None

 

5]         Records on Violation of Anti-Corruption Laws :

            Charges or investigation registered against subject:                                                        None

 

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

            Charges or investigation registered against subject:                                                        None

 

7]         Criminal Records

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

 

8]         Affiliation with Government :

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

 

9]         Compensation Package :

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

 

10]        Press Report :

            No press reports / filings exists on the subject.

 

CORPORATE GOVERNANCE

 

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

 

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

 

 

CONTRAVENTION

 

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

 

 

FOREIGN EXCHANGE RATES

 

Currency

 

Unit

INR

US Dollar

1

INR 64.37

UK Pound

1

INR 89.71

Euro

1

INR 78.89

 

 

INFORMATION DETAILS

 

Information Gathered by :

PUJ

 

 

Analysis Done by :

VAR

 

 

Report Prepared by :

IND

 


 

SCORE FACTORS

 

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

 

 

RATING EXPLANATIONS

 

Credit Rating

Explanation

Rating Comments

A++

Minimum Risk

Business dealings permissible with minimum risk of default

A+

Low Risk

Business dealings permissible with low risk of default

A

Acceptable Risk

Business dealings permissible with moderate risk of default

B

Medium Risk

Business dealings permissible on a regular monitoring basis

C

Medium High Risk

Business dealings permissible preferably on secured basis

D

High Risk

Business dealing not recommended or on secured terms only

NB

New Business

No recommendation can be done due to business in infancy stage

NT

No Trace

No recommendation can be done as the business is not traceable

 

NB is stated where there is insufficient information to facilitate rating. However, it is not to be considered as unfavourable.

 

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 are as follows:

 

·         Financial condition covering various ratios

·         Company background and operations size

·         Promoters / Management background

·         Payment record

·         Litigation against the subject

·         Industry scenario / competitor analysis

·         Supplier / Customer / Banker review (wherever available)

 

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.