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3decades

 

MIRA INFORM REPORT

 

 

Report No. :

487341

Report Date :

20.01.2018

 

IDENTIFICATION DETAILS

 

Name :

ESSAR STEEL INDIA LIMITED (w.e.f. 18.01.2012)

 

 

Formerly Known As :

ESSAR STEEL LIMITED

 

ESSAR CONSTRUCTIONS LIMITED

 

 

Registered Office :

27 KM, Surat Hazira Road, Hazira, Surat – 394270, Gujarat

Tel. No.:

91-261-2872400

 

 

Country :

India

 

 

Financials (as on) :

31.03.2016

 

 

Date of Incorporation :

01.06.1976

 

 

Com. Reg. No.:

04-013787

 

 

Capital Investment / Paid-up Capital :

INR 31532.300 Million

 

 

CIN No.:

[Company Identification No.]

U27100GJ1976FLC013787

 

 

IEC No.:

0388147831

 

 

GSTIN/UIN :

Not Divulged

 

 

TAN No.:

[Tax Deduction & Collection Account No.]

SRTE00025E

 

 

PAN No.:

[Permanent Account No.]

AAACE1741P

 

 

Legal Form :

A Closely Held Public Limited Liability Company

 

 

Line of Business :

Manufacturer and Selling of Hot Rolled Coils/ Cold Rolled Coils, Sheets, Plates and Extraction of Minerals. [Registered activity]

 

 

No. of Employees :

Information denied by the management

 

 

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 :

Poor

 

 

Payment Behaviour :

Slow and delayed

 

 

Litigation :

Clear

 

 

Comments :

Subject is a part of “Essar Group”. It is a steel manufacturing company. Its products include hot rolled, cold rolled, galvanized colour coated, plates, pipes shot blasted and primed plates and chequered plates. The company also engaged in steel processing and steel distribution.

 

As per the FY 2016, the company has reported huge loss from its operations which has led to deterioration of its financial profile.

 

Rating is further constrained by ongoing delays in servicing of debt obligations by company and liquidity pressures faced due to extraneous challenges impacting in running of steel plant.

 

The company is found under RBI defaulter and defaulted hefty amounts with Unit Trust of India Limited.

 

Payments terms are reported as slow and delayed.

 

In view of weak financial profile, the subject can be considered for business dealings on safe and secured trade terms and conditions. 

 

Note 1: The company is passing through difficult times and its payments are very much delayed to the suppliers. Its bank facilities are also blocked and hence we do not recommend any credit limit. 

 

NOTES:

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

 

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 (Willful Defaulters) of INR 2.500 Million and above as on 09-May-2017

Borrowers details

 

Borrower name

ESSAR STEEL LIMITED

Address

POST HAZIRA, DIST. SURAT.

  

 

NAME OF DIRECTORS REPORTED BY CREDIT GRANTORS FILING THE SUIT:

 

 

Sr.No.

 

Directors Reported by Credit Grantors

DIN Number

UNIT TRUST OF INDIA LIMITED

 

 

 

 

 

6

Ravi Ruia – Vice Chairman

 

1

G A Nayak

 

3

J Balakrishnan

 

4

Jitender Mehra

 

5

Prashant Ruia

 

2

G Goswami

 

7

S V Venkatesan

 

8

Sanjeev Shriya

 

9

Shashi Ruia

 

10

V G Raghavan

 

11

Vikram Amin

 

 

 

LIST OF CREDIT GRANTORS TO WHICH ESSAR STEEL LIMITED IS A DEFAULTER:

 

 

Names of Credit Grantors

 

Branch

Amount
(INR in Million)

UNIT TRUST OF INDIA LIMITED

Main Branch

5335.600

 

Total

5335.600

 

 

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 not listed as a Sick Unit in the publicly available BIFR (Board for Industrial & Financial Reconstruction) list as of 20.01.2018

 

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 DENIED

 

Management Non-Cooperative (91-261-6682400)

 

LOCATIONS

 

Registered Office/ Plant 1  :

27KM, Surat Hazira Road, Hazira, Surat – 394270, Gujarat, India

Tel. No.:

91-261-2872400 / 6682400

Fax No.:

91-261-2872400 / 6682796 / 6685731

E-Mail :

pankajc1@essar.com

Website:

http://www.essarsteel.com

http://www.essar.com

 

 

Corporate Office :

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

Tel. No.:

91-22-66601100 / 24950606

Fax No.:

91-22-24928896

 

 

Marketing Office:

No.301, Sidhu Sree Vaishnavi Arcade (Opposite to Care Hospital), Road No 1, Banjara Hills, Hyderabad – 500034, Telangana, India

 

 

Marketing & Sales Office :

6th Floor, Tower-2, Equinox Business Park (Peninsula Techno Park) Off Bandra Kurla Complex, LBS Marg, Kurla (West), Mumbai – 400070, Maharashtra, India

Tel. No.:

91-22-67335000

Fax No.:

91-22-67082189

E-Mail :

steel@essar.com

 

 

Plant 2 :

Scindia Road, Near Flyover, Visakhapatnam – 530004, Andhra Pradesh, India

Tel. No.:

91-891-2523213

Fax No.:

91-891-2559383 / 2556907

 

 

Factory:

Pune Facility, Gat No.740, Sanaswadi, Pune – 412208, Maharashtra, India

 

 

Processing & Distribution Facility Network :

Gat No. 437 and 442, Golechiwadi, Ambi-Nigade Road, MIDC-Talegaon, Pune – 410507, Maharashtra, India 

Tel. No.:

91-211-4661401

 

 

Regional Head :

Plot No A - 6, Sipcot, Oragadam, Sriperumbudur (TK) Kanchipuram, Chennai – 602112, Tamilnadu, India

 

 

Other Plants :

Located at:

 

Downstream capability hub

·         Pulne, Maharashtra, India

 

Beneficiation Plant

·         Bailadilla, Chhattisgarh, India

·         Dabuna, Odisha, India

 

Pellet Plant

·         Visakhapatnam, Andhra Pradesh, India

 

 

Branch Office:

A-5 Sector-3, Noida, Uttar Pradesh, India

 

 

Branch Offices:

Located at:

 

·         Mumbai

·         Hazira

·         Vadinar

·         New Delhi

·         Vishakhapatnam

 

 

Branch Office:

Essar House, Opposite Gujarat College Ellisbridge, Ahmedabad – 380006 Gujarat, India

Tel. No:

91-79-6608 6666

Fax No:

91-79-6608 6608

 

 

DIRECTORS

 

AS ON 31.03.2017

 

Name :

Mr. Dilip Oommen

Designation :

Managing Director

Address :

D-3/4 Nand Niketan Essar Township, Hazira, Surat - 394270, Gujarat, India

Date of Birth/Age :

28.03.1958

Qualification :

Degree in Metallurgical Engineering

PAN No:

AAHPO0679E

Date of Appointment :

17.12.2011

DIN No. :

02285794

 

 

Name :

Mr. Rajiv Kumra Bhatnagar

Designation :

Wholetime Director

Address :

C-2/11, Nand Niketan, Essar Township, Hazira, Surat – 394270, Gujarat, India

Date of Appointment :

22.11.2016

DIN No. :

07018252

 

 

Name :

Mr. Venkatraman Govind Raghavan

Designation :

Director

Address :

Flat No 171/172, 17th Floor, Kalpataru Residency, Sion Circle, Sion (East), Mumbai - 400022, Maharashtra, India

Date of Birth/Age :

16.07.1945

Qualification :

B.COM, C.A.

PAN No:

ADPPR2424P

Date of Appointment :

29.10.2003

DIN No.:

00008683

 

 

Name :

Mr. Arvind Pande

Designation :

Director

Address :

E-148(FF), East of Kailash, New Delhi - 110065, India

Qualification :

Bachelor Degree in Science and Economics

Date of Birth

06.09.1942

PAN No:

AAAPP0167H

Date of Appointment :

28.09.2013

DIN No. :

00007067

 

 

Name :

Mr. Prashant Ruia

Designation :

Director

Address :

Lereve Tower 4300 Dubai Marina, Po Box 293778, Dubai, Na, United Arab Emirates

Date of Birth/Age :

04.06.1969

Qualification :

B.Com

PAN No:

AABPR5283M

Date of Appointment :

27.11.2014

DIN No. :

01187548

 

 

Name :

Mr. Parveen Kumar Malhotra

Designation :

Additional Director

Address :

13-B, Madhuban, G. J. Bhosle Marg, Oppsite Sachivalaya Gymkhana, Nariman Point , Mumbai-400021, Maharashtra, India

Date of Appointment :

16.09.2016

DIN No. :

03494232

 

 

Name :

Mr. Sunit Joshi

Designation :

Nominee Director

Address :

Flat No. 4-D, C Building Harbour Heights, Colaba, Mumbai-400005, Maharashtra, India

Date of Appointment :

22.11.2016

DIN No. :

02962154

 

 

KEY EXECUTIVES

 

Name :

Bhadresh Shah and Associates

Designation :

Practicing Company Secretary

Address :

21, Hasan Ali Building, 2nd Floor, 17, Jijobhoy Dadabhai Lane, Behind Videocon House, Fort, Mumbai – 400001, Maharashtra, India

 

 

Name :

Mr. Pankaj Shivnarayan Chourasia

Designation :

Company Secretary

Address:

Jai Siyaram, Flat No.1, Plot 131, Sector-12, Blue Heaven Building, Vashi, Navi Mumbai - 400703, Maharashtra, India

Date of Birth:

15.07.1975

Date of Appointment :

27.10.2015

Qualification:

M.Com/ CS/ LLB

PAN No.:

ADKPC1762C

 

 

Name :

Mr. Jatinder Dinanath Mehra

Designation :

Chief Executive Officer

Address:

C-1/36 Safdarjung Dev Area, New Delhi – 110016, India

Date of Appointment :         

21.06.2017

PAN No.:

AAUPM6409M

 

 

Name :

Mr. Suresh Chandra Jain

Designation :

Chief Finance Officer

Address:

1703-4, Tower A, Sahyadri, Upper Govind Nagar, Malad (East), Mumbai – 400097, Maharashtra, India

Date of Appointment :         

01.07.2017

PAN No.:

ACBPJ9739L

 

 

Name :

Mr. Abhishek Pundhir

Designation :

Deputy Accounts Manager – Finance Department

 

 

MAJOR SHAREHOLDERS

 

AS ON 31.03.2016

 

Names of Equity Shares

 

No. of Shares

 

Essar Steel Asia Holdings Limited

 

2153587448

Imperial Consultants and Securities Private Limited

 

672232720

Shares under Trust (Venkatraman Govind Raghavan)

 

191517500

 

 

Names of Preference Shares

 

No. of Shares

 

 

 

 

IFCI Limited

 

22116599

Imperial Consultants and Securities Private Limited

 

16940180

 

 

Equity Share Break up (Percentage of Total Equity)

 

As on: 21.12.2016

 

Category

Percentage

Promoters

 

Body corporate

91.37

Others

6.16

Public/Other than promoters

 

Individual/Hindu Undivided Family – India

2.20

Non-resident Indian (NRI)

0.07

Banks

0.03

Body corporate

0.17

Total

100.00

 

 

 

BUSINESS DETAILS

 

Line of Business :

Manufacturer and Selling of Hot Rolled Coils/ Cold Rolled Coils, Sheets, Plates and Extraction of Minerals. [Registered activity]

 

 

Products :

ITC Code No.

 

Product Descriptions

99612410

Manufacturing of Hot Rolled Coils/ Cold Rolled Coils/Sheets/Plates

 

 

Brand Names :

Not Available

 

 

Agencies Held :

Not Available

 

 

Exports :

Not Divulged

 

 

Imports :

Not Divulged

 

 

Terms :

Not Divulged

 

PRODUCTION STATUS (AS ON 31.03.2015)

 

Particulars

Unit

Production

 

Iron Ore Pellet

MT

4739555

Hot Briquette Iron / Direct Reduced Iron

MT

829592

Hot Metal

MT

829592

Hot Rolled Coils/Cold Rolled Coils/Plates

MT

2524405

Plates

MT

629799

Pipes

MT

178254

 

 

GENERAL INFORMATION

 

Suppliers :

Reference :

Not Divulged 

Name of the Person :

--

Contact No.:

--

Since How Long Known :

--

Maximum Limit Dealt :

--

Experience :

--

Remark :

--

 

 

Customers :

 

Reference :

Not Divulged 

Name of the Person :

--

Contact No.:

--

Since How Long Known :

--

Maximum Limit Dealt :

--

Experience :

--

Remark :

--

 

 

No. of Employees :

Information denied by the management

 

 

Bankers :

Banker Name :

IDBI Bank Limited

Branch :

IDBI Tower, World Trade Complex, Cuffe Parade, Mumbai – 400005, Maharashtra, India

Person Name (With Designation) :

--

Contact Number :

--

Name of Account Holder :

--

Account Number :

--

Account Since (Date/Year of Account Opening) :

--

Average Balance Maintained :

--

Credit Facilities Enjoyed (CC/OD/Term Loan) :

--

Account Operation :

--

Remark :

--

 

·         Yes Bank Limited, 9th Floor, Nehru Centre, Discovery of India, Dr. Annie Besant Road, Worli, Mumbai – 400018, Maharashtra, India

 

·         Indian Overseas Bank, 229, Bhakhtawar, Ground Floor, Nariman Point, Mumbai – 400021, Maharashtra, India

 

 

Facilities :

SECURED LOANS

31.03.2016

INR In Million

31.03.2015

INR In Million

LONG TERM BORROWINGS

 

 

Non-Convertible Debentures

2625.000

3120.000

Term Loans

 

 

--From Banks

183093.000

194458.800

--From Others

13495.300

14243.400

Buyers Credit for Capital Expenditure

0.000

511.200

 

 

 

SHORT TERM BORROWINGS

 

 

Rupee term loans from banks

1000.000

1000.000

Working capital loans from banks

54469.300

20260.200

Other loans and advances, others

5150.500

10841.600

 

 

 

Total

259833.100

244435.200

 

 

Financial Institutions :

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

 

·         Axis Trustee Services Limited, Axis House, 2nd  Floor, Bombay Dyeing Mills Compound, Pandurang Budhkar Marg, Worli, Mumbai – 400025, Maharashtra, India

 

 

Auditors :

 

Name :

M M Chaturvedi and Company

Chartered Accountants

Address :

24, Atlanta Nariman, Point Mumbai – 400021, Maharashtra, India

PAN No.:

AABFD7919A

 

 

Memberships :

Not Divulged

 

 

Collaborators :

Not Divulged

 

 

Holding Company

·         Essar Steel Asia Holdings Limited (FKA Essar Resources Mauritius Limited) Immediate Holding Company- (ESAHL)

·         Essar Steel Mauritius Limited- Holding Company of Essar Steel Asia Holdings Limited - (ESML)

·         Essar Global Fund Limited (FKA Essar Global Limited), Cayman Islands- Holding Company of Essar Steel Mauritius Limited (EGFL)

 

 

Subsidiary company :

·         Essar Steel Middle East (ESMEF)

·         Essar Steel Trading FZE (ESTF)

·         Trinity Coal Marketing LLC (EMA)

·         Odisha Slurry Pipeline Infrastructure Limited (OSPIL) (U60200OR2014PLC018639)

·         Hazira Coke Limited (U23100GJ2014PLC078242)

·         Banner Coal Terminal LLC

·         RMG INC Trinity RMG Holdings LLC

·         Frasure Creek Mining LLC

·         Essar Mineral Cooperatief U.A.

·         Essar Minerals Canada Limited

·         Trinity Coal Corporation

·         Hughes Creek terminal LLC

·         Falcon Resources LLC

·         Prater Branch Resources LLC

·         Paradeep Steel Company Limited (PSCL) (U27100MH2011PLC217214)

·         Essar Steel Offshore Limited (ESOSL)

·         Essar Minerals Limited (FKA Essar Mining Limited)

·         New Trinity Holdings LLC (NTHL)

·         New Resources Inc (NRI)

·         Essar Minerals INC

·         Trinity Parent Corporation

·         Trinity Coal Partners LLC

·         New Trinity Coal INC

·         Bear Fork Resources LLC

·         Deep Water Resources LLC

·         Levisa Fork Resources LLC

·         North Springs Resources LLC

·         Little Elk Mining Company LLC

·         Essar Minerals Limited

 

 

Fellow Subsidiary

·         Aegis Limited (U99999MH1992PLC064767)

·         Essar Steel Logistics Limited (U60220GJ2013PLC074244)

·         Essar Projects (India) Limited (U99999MH1989PLC053280)

·         Essar Shipping Limited (L61200GJ2010PLC060285)

·         Essar Bulk Terminal Paradip Limited (U63000GJ2009PLC058496)

·         Essar Power Gujarat Limited (U74900GJ2007PLC066273)

·         Essar Power M P Limited (U40100DL2005PLC201961)

·         Vadinar Properties Limited (U70100MH2006PLC160616)

·         Essar Power limited (U40100GJ1991PLC064824)

·         Essar Power (jharkhand ) Limited (U31101DL2005PLC211274)

·         Essar Power Transmission Company Limited (U99999DL2005PLC208864)

·         Essar Pellets Marketing Limited (U27106MH2007PLC172940)

·         Essar Oil Limited (L11100GJ1989PLC032116)

·         Essar Electric Power Development Corporation Limited

(U40100MH1997PLC110104)

·         Vadinar Power Company Limited (U40100GJ1997PLC033108)

·         Essar Offshore Subsea Limited (U11101MH2008PLC179089)

·         Essar Refinery Projects Limited (U45200GJ2010PLC062785)

·         Essar Bulk Terminal (Salaya) Limited (U63032MH2007PLC176225)

·         Arkay Logistics Limited (U63000MH2004PLC149214)

·         Essar Ports Limited (L85110GJ1975PLC054824)

·         Vadinar Oil Terminal Limited (U35111GJ1993FLC053434)

·         Equinox Business Parks Private Limited (U70102MH2007PTC172950)

·         Essar Mineral Resources Limited (U13100GJ2006PLC047506)

·         Essar Global Services FZE

·         Essar Steel Algoma Inc.

·         PT Essar Indonesia

·         Essar Energy Limited

·         Essar Oil (UK) Limited

·         Brahmani Thermal Power Private Limited (U40109DL2005PTC231302)

·         Essar Constructions Overseas Limited

·         Essar Oilfield Services India Limited (U93090MH2006PLC163779)

·         Vadinar Ports and Terminals Limited (U63023GJ2009FLC056684)

·         Essar Telecom Kenya Limited

·         AGC Networks Limited (L32200MH1986PLC040652)

·         Essar Africa Holdings Limited

·         Peak Trading Overseas Limited

·         Tirunelveli Wind Farms Limited (U01403MH2007PLC166813)

·         Essar Steel Limited

·         Essar Shipping and Logistics Limited

 

 

Associate Company :

·         Bhander Power Limited (U31101MP1995PLC009646)

·         Essar Bulk Terminal Limited (U13100GJ2004PLC043477)

·         Essar Power (Orissa) Limited   (U31101GJ2005PLC081701)

·         Essar Power Hazira Limited (U40300GJ2006PLC063146)

·         Essar Steel Processing FZCO

·         Essar Steel Chhattisgarh Limited (U27100GJ2005FLC046274)

·         Essar Power M P Limited (U40100DL2005PLC201961)

 

 

CAPITAL STRUCTURE

 

AFTER 21.12.2016

 

Authorised Capital : INR 72750.000 Million

 

Issued, Subscribed & Paid-up Capital : INR 31525.566 Million

 

 

 

AS ON 31.03.2016

 

Authorised Capital :

No. of Shares

Type

Value

Amount

 

 

 

 

7175000000

Equity Shares

INR 10/- each

INR 71750.000 Million

100000000

Preference Shares

INR 10/- each

INR 1000.000 Million

 

 

 

 

 

Total

 

INR 72750.000 Million

 

Issued, Subscribed & Paid-up Capital :

No. of Shares

Type

Value

Amount

 

 

 

 

3108957660

Equity Shares

INR 10/- each

INR 31089.600 Million

 

Forfeited shares

 

INR 6.700 Million

43598951

Preference Shares

INR 10/- each

INR 436.000 Million

 

 

 

 

 

Total

 

INR 31532.300 Million

 


 

 

FINANCIAL DATA

[all figures are in INR Million]

 

ABRIDGED BALANCE SHEET (STANDALONE)

 

 

SOURCES OF FUNDS

 

31.03.2016

31.03.2015

31.03.2014

I.              EQUITY AND LIABILITIES

 

 

 

(1)Shareholders' Funds

 

 

 

(a) Share Capital

31532.300

31532.300

28692.200

(b) Reserves and Surplus

54633.700

109594.300

56147.800

(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)

86166.000

141126.600

84840.000

 

 

 

 

(3) Non-Current Liabilities

 

 

 

(a) long-term borrowings

202113.700

224769.300

284967.300

(b) Deferred tax liabilities (Net)

0.000

0.000

0.000

(c) Other long-term liabilities

34.700

78408.500

50667.100

(d) long-term provisions

995.500

2638.000

6035.600

Total Non-current Liabilities (3)

203143.900

305815.800

341670.000

 

 

 

 

(4) Current Liabilities

 

 

 

(a) Short-term borrowings

92766.200

46813.800

13164.600

(b) Trade payables

64017.500

66796.000

71362.700

(c) Other current liabilities

166606.800

73515.100

39032.300

(d) Short-term provisions

14295.200

3755.600

4012.000

Total Current Liabilities (4)

337685.700

190880.500

127571.600

 

 

 

 

TOTAL

626995.600

637822.900

554081.600

 

 

 

 

II.            ASSETS

 

 

 

(1) Non-current assets

 

 

 

(a) Fixed Assets

 

 

 

(i) Tangible assets

423964.900

419899.700

141257.800

(ii) Intangible Assets

174.800

243.100

239.100

(iii) Tangible assets capital work-in-progress

33967.600

45823.600

272947.800

(iv) Intangible assets under development

0.000

0.000

0.000

(b) Non-current Investments

13938.300

12756.700

11544.300

(c) Deferred tax assets (net)

48663.400

20864.000

25590.400

(d) Long-term loans and advances

5724.100

6947.500

7182.300

(e) Other Non-current assets

9724.100

10643.300

11108.200

Total Non-Current Assets

536157.200

517177.900

469869.900

 

 

 

 

(2) Current assets

 

 

 

(a) Current investments

0.000

0.000

0.000

(b) Inventories

23255.500

26896.500

32630.400

(c) Trade receivables

16147.700

12765.400

11569.800

(d) Cash and bank balances

5139.400

7671.800

7294.900

(e) Short-term loans and advances

38321.100

32117.400

30707.500

(f) Other current assets

7974.700

41193.900

2009.100

Total Current Assets

90838.400

120645.000

84211.700

 

 

 

 

TOTAL

626995.600

637822.900

554081.600

 

 

PROFIT & LOSS ACCOUNT (STANDALONE)

 

 

PARTICULARS

 

31.03.2016

31.03.2015

31.03.2014

 

SALES

 

 

 

 

Total Revenue from operations

136544.100

139335.800

133268.800

 

Other Income

7241.100

4357.700

10216.700

 

TOTAL            

143785.200

143693.500

143485.500

 

 

 

 

 

Less

EXPENSES

 

 

 

 

Cost of Materials Consumed

92967.600

77859.400

76621.600

 

Purchases of Stock-in-Trade

1605.000

2978.000

6680.500

 

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

1426.300

4384.000

2662.400

 

Other expenses

40394.000

32988.000

40685.400

 

Prior period items

58.500

(879.900)

(16014.700)

 

Exceptional items

27930.400

(33797.200)

0.000

 

TOTAL              

168911.200

86876.300

114192.100

 

 

 

 

 

 

PROFIT/ (LOSS)  BEFORE INTEREST, TAX, DEPRECIATION AND AMORTISATION

(25126.000)

56817.200

29293.400

 

 

 

 

 

Less

FINANCIAL EXPENSES

44676.300

38650.100

41767.000

 

 

 

 

 

 

PROFIT / (LOSS) BEFORE TAX, DEPRECIATION AND AMORTISATION

(69802.300)

18167.100

(12473.600)

 

 

 

 

 

Less

DEPRECIATION/ AMORTISATION

17356.900

8077.500

10673.800

 

 

 

 

 

 

PROFIT/ (LOSS)  BEFORE TAX

(87159.200)

10089.600

(23147.400)

 

 

 

 

 

Less

TAX

(29157.800)

3609.100

(7176.000)

 

 

 

 

 

 

PROFIT/ (LOSS)  AFTER TAX

(58001.400)

6480.500

(15971.400)

 

 

 

 

 

Add

PREVIOUS YEARS’ BALANCE BROUGHT FORWARD

(31502.900)

(39252.800)

(23281.400)

 

 

 

 

 

Add

Balance value of assets transfer from Assets as per

0.000

(346.000)

0.000

 

 

 

 

 

Less

APPROPRIATIONS

 

 

 

 

Transfer to General Reserve

(1678.200)

(1615.400)

0.000

 

Total

(1678.200)

(1615.400)

0.000

 

 

 

 

 

 

Balance Carried to the B/S

(87826.100)

(31502.900)

(39252.800)

 

 

 

 

 

 

EARNINGS IN FOREIGN CURRENCY

 

 

 

 

F.O.B. Value of Exports

14579.200

19744.900

39391.900

 

Earnings on interest

1182.800

1493.400

2755.200

 

TOTAL EARNINGS

15762.000

21238.300

42147.100

 

 

 

 

 

 

IMPORTS

 

 

 

 

Raw Materials

34753.700

25448.200

18231.200

 

Components and Stores parts

4499.600

5382.700

4515.100

 

Capital Goods

384.300

277.600

251.600

 

TOTAL IMPORTS

39637.600

31108.500

22997.900

 

 

 

 

 

 

Earnings / (Loss) Per Share (INR)

(18.67)

2.26

(5.70)

 

 

CURRENT MATURITIES OF LONG TERM DEBT DETAILS

 

Particulars

 

31.03.2016

31.03.2015

31.03.2014

Current Maturities of Long term debt

24530.800

12500.500

16062.800

Cash generated from operations

NA

NA

NA

Net cash flows from (used in) operations

4510.400

33126.100

47809.600

Net cash flows from (used in) operating activities

4422.700

33145.700

47744.300

 

 

KEY RATIOS

 

EFFICIENCY RATIOS

 

PARTICULARS

 

31.03.2016

31.03.2015

31.03.2014

Average Collection Days

(Sundry Debtors / Income * 365 Days)

43.16

33.44

31.69

 

 

 

 

Account Receivables Turnover

(Income / Sundry Debtors)

8.46

10.92

11.52

 

 

 

 

Average Payment Days

(Sundry Creditors / Purchases * 365 Days)

247.07

301.60

312.69

 

 

 

 

Inventory Turnover

(Operating Income / Inventories)

(0.89)

2.24

1.01

 

 

 

 

Asset Turnover

(Operating Income / Net Fixed Assets)

(0.04)

0.13

0.08

 

LEVERAGE RATIOS

 

PARTICULARS

 

31.03.2016

31.03.2015

31.03.2014

Debt Ratio

((Borrowing + Current Liabilities) / Total Assets)

0.90

0.67

0.77

 

 

 

 

Debt Equity Ratio

(Total Liability / Networth)

3.71

2.01

3.70

 

 

 

 

Current Liabilities to Networth

(Current Liabilities / Net Worth)

3.92

1.35

1.50

 

 

 

 

Fixed Assets to Networth

(Net Fixed Assets / Networth)

5.32

3.30

4.89

 

 

 

 

Interest Coverage Ratio

(PBIT / Financial Charges)

(0.46)

1.56

0.79

 

PROFITABILITY RATIOS

 

PARTICULARS

 

 

31.03.2016

31.03.2015

31.03.2014

Net Profit Margin

((PAT / Sales) * 100)

%

(39.16)

7.05

(9.32)

 

 

 

 

 

Return on Total Assets

((PAT / Total Assets) * 100)

%

(8.53)

1.54

(2.24)

 

 

 

 

 

Return on Investment (ROI)

((PAT / Networth) * 100)

%

(62.06)

6.96

(14.63)

 

SOLVENCY RATIOS

 

PARTICULARS

 

31.03.2016

31.03.2015

31.03.2014

Current Ratio

(Current Assets / Current Liabilities)

0.27

0.63

0.66

 

 

 

 

Quick Ratio

((Current Assets – Inventories) / Current Liabilities)

0.20

0.49

0.40

 

 

 

 

G-Score Ratio Financial

(Networth / Total Assets)

0.14

0.22

0.15

 

 

 

 

G-Score Ratio Debt

(Debts / Equity Capital)

10.13

9.01

10.95

 

 

 

 

G-Score Ratio Liquidity

(Total Current Assets / Total Current Liabilities)

0.27

0.63

0.66

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

31.03.2014

31.03.2015

31.03.2016

 

(INR In Million)

(INR In Million)

(INR In Million)

Share Capital

28692.200

31532.300

31532.300

Reserves & Surplus

56147.800

109594.300

54633.700

Net worth

84840.000

141126.600

86166.000

 

 

 

 

Long-term borrowings

284967.300

224769.300

202113.700

Short term borrowings

13164.600

46813.800

92766.200

Current maturities of long-term debts

16062.800

12500.500

24530.800

Total borrowings

314194.700

284083.600

319410.700

Debt/Equity ratio

3.703

2.013

3.707

 

 

YEAR-ON-YEAR GROWTH

 

Year on Year Growth

31.03.2014

31.03.2015

31.03.2016

 

(INR In Million)

(INR In Million)

(INR In Million)

Sales

133268.800

139335.800

136544.100

 

 

4.552

(2.004)

 

 

 

NET PROFIT MARGIN

 

Net Profit Margin

31.03.2014

31.03.2015

31.03.2016

 

(INR In Million)

(INR In Million)

(INR In Million)

Sales

133268.800

139335.800

136544.100

Profit/ (Loss)

(15971.400)

6480.500

(58001.400)

 

(11.98 %)

4.65 %

(42.48 %)

 

 

ABRIDGED BALANCE SHEET (CONSOLIDATED)

 

SOURCES OF FUNDS

 

31.03.2016

31.03.2015

I.              EQUITY AND LIABILITIES

 

 

(1)Shareholders' Funds

 

 

(a) Share Capital

31532.300

31532.300

(b) Reserves and Surplus

14637.600

71528.000

(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)

46169.900

103060.300

 

 

 

(3) Non-Current Liabilities

 

 

(a) long-term borrowings

211596.500

269775.600

(b) Deferred tax liabilities (Net)

0.000

0.000

(c) Other long-term liabilities

34.700

78408.500

(d) long-term provisions

4348.500

5805.900

Total Non-current Liabilities (3)

215979.700

353990.000

 

 

 

(4) Current Liabilities

 

 

(a) Short-term borrowings

100527.400

50720.900

(b) Trade payables

65049.100

68702.000

(c) Other current liabilities

206686.100

95206.000

(d) Short-term provisions

14903.600

4329.700

Total Current Liabilities (4)

387166.200

218958.600

 

 

 

TOTAL

649315.800

676008.900

 

 

 

II.            ASSETS

 

 

(1) Non-current assets

 

 

(a) Fixed Assets

 

 

(i) Tangible assets

456046.600

451258.300

(ii) Intangible Assets

174.800

243.100

(iii) Tangible assets capital work-in-progress

33967.000

45823.400

(iv) Intangible assets under development

0.000

0.000

(b) Non-current Investments

4416.100

5129.900

(c) Deferred tax assets (net)

48663.300

20864.000

(d) Long-term loans and advances

6382.700

8680.000

(e) Other Non-current assets

18602.600

9795.300

Total Non-Current Assets

568253.100

541794.000

 

 

 

(2) Current assets

 

 

(a) Current investments

0.000

0.000

(b) Inventories

23321.900

27095.600

(c) Trade receivables

11844.400

10602.600

(d) Cash and bank balances

8228.600

10969.700

(e) Short-term loans and advances

30912.400

45112.600

(f) Other current assets

6755.400

40434.400

Total Current Assets

81062.700

134214.900

 

 

 

TOTAL

649315.800

676008.900

 

 

PROFIT & LOSS ACCOUNT (CONSOLIDATED)

 

 

PARTICULARS

 

31.03.2016

31.03.2015

 

SALES

 

 

 

Total Revenue from operations

143809.000

146927.300

 

Other Income

11772.100

7868.000

 

TOTAL             

155581.100

154795.300

 

 

 

 

Less

EXPENSES

 

 

 

Cost of Materials Consumed

99730.900

83483.300

 

Purchases of Stock-in-Trade

1605.000

2978.000

 

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

1472.600

4429.700

 

Employee benefit expense

4667.600

4055.000

 

Other expenses

41098.900

34477.800

 

Prior period items

7.300

(879.900)

 

Extraordinary items

27930.400

(33797.200)

 

TOTAL              

176512.700

94746.700

 

 

 

 

 

PROFIT/ (LOSS)  BEFORE INTEREST, TAX, DEPRECIATION AND AMORTISATION

(20931.600)

60048.600

 

 

 

 

Less

FINANCIAL EXPENSES

47503.600

42572.900

 

 

 

 

 

PROFIT / (LOSS) BEFORE TAX, DEPRECIATION AND AMORTISATION

(68435.200)

17475.700

 

 

 

 

Less

DEPRECIATION/ AMORTISATION

18466.600

9115.700

 

 

 

 

 

PROFIT/ (LOSS)  BEFORE TAX

(86901.800)

8360.000

 

 

 

 

Less

TAX

(29156.500)

3609.100

 

 

 

 

 

PROFIT/ (LOSS)  AFTER TAX

(57745.300)

4750.900

 

 

 

 

 

Earnings / (Loss) Per Share (INR)

(18.66)

1.62

 

 


 

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

Yes

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

No

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

 

 

 

 

OPERATIONS

 

Global economy grew 3.1 percent in 2015. The recovery which continued throughout 2015 remained fragile and was at a slow pace. The growth in Emerging and Developed Economies' declined while a modest recovery continued in Advanced Economies. Three key transitions continue to influence global economic scenario:

 

1) China's rebalancing from Manufacturing and investment toward consumption and services.

2) Lower prices for Commodities and energy.

3) Tightening of monetary policy in the US.

Growth in United States was 2.5% driven by steady job creation, income growth, lower oil prices and improved consumer confidence. Growth in Japan was 0.6% on account of fiscal support and accommodative financial conditions and rising incomes. The EU area grew by 1.5% with consumption supported by low oil prices and higher net exports. 

 

 

INDIAN SCENARIO

 

India has emerged as the world's fastest growing economy beating China. The Indian economy is being viewed as a beacon of stability and growth because of low inflation, modest current account deficit (CAD) and commitment to fiscal rectitude. India's GDP grew 7.6% in FY2015-16 up from 7.2% in FY2014-15. In Q4-FY2015-16, the GDP grew 7.9% up from 7.2% in Q3-FY15 on account of rebound in farm output (-0.1% in Q3 to 2.3% in Q4), improvement in mining (7.1% in Q3 to 8.6% in Q4) and a sharp pickup in electricity generation (5.6% in Q3 to 9.3% in Q4). GDP in FY2016-17 is expected to grow by 7.6% as per RBI and IMF. Favourable monsoon in 2016 is one of the reasons for higher GDP growth boosting agricultural output and rural demand. Improved outlook for the rural economy which has a 51% share in manufacturing and 26% in services will positively impact the non-agriculture sectors. In addition, the Make in India initiatives, creation of Smart cities, the Pay Commission payouts, contained inflation and easy monetary conditions will support increased economic growth. 

 

 

STEEL INDUSTRY

 

Global Overview

 

Global steel demand declined by 2.7% in 2015 over 2014 on the back of decline in demand in China by 5.4% following deceleration in its economy as it began its transition from investment driven growth to consumption driven growth. Steel consumption in India was healthy and encouraging growing at 5.3% in 2015.

 

World Steel Association Short Range Outlook October 2016. The global steel demand is expected to grow by a modest 0.2% in 2016 to 1,501 Mt as against a decline of -2.7% in 2015. In China, the steel demand decline during 2016 is projected to be less than earlier expected and is pegged at -1.0% attributed to slowdown in construction and manufacturing sectors. In other regions, challenging economic and political environment, insufficient investment expenditure and continued weakness in the manufacturing sector is affecting steel demand growth across major economies. In US, steel demand growth is projected to remain negative in 2016 from the earlier expectation of a positive growth. The lower than expected job market improvement and lower growth in construction activities and the emerging political scenario is pulling down the demand prospects in 2016. Steel demand in US is forecasted to decline by 1.2% in 2016. In the EU, steel demand growth is expected to be modest although economic sentiments and investment conditions continue to improve. Uncertainties in the political landscape relating to the refugee crisis and Brexit raises risks to the improving economic condition. Steel demand in the EU is forecast to grow by 0.8% in 2016. 

 

UNSECURED LOANS:

 

PARTICULARS

31.03.2016

INR In Million

31.03.2015

INR In Million

LONG TERM BORROWINGS

 

 

Dollar / Rupee Notes

 

 

--From Banks

2132.600

2086.500

--From others

4.400

12.800

sales tax Deferred loan

333.200

333.200

Interoperate deposits

430.200

10003.400

 

 

 

SHORT TERM BORROWINGS

 

 

Intercorporate deposits

32146.400

14712.000

 

 

 

Total

35046.800

27147.900

 

 

INDEX OF CHARGES:

 

S

No

SRN

Charge Id

Charge Holder Name

Date of Creation

Date of Modification

Date of Satisfaction

Amount

Address

1

G01509157

10582043

IDBI BANK LIMITED

30/03/2015

02/01/2016

-

1000000000.0

IDBI TOWER, WORLD TRADE COMPLEXCUFFE PARADEMUMBAIMH400005IN

2

C78264777

10563354

SBICAP TRUSTEE COMPANY LIMITED

27/03/2015

02/01/2016

-

3126500000.0

202 MAKER TOWER ECUFFE PARADEMUMBAIMH400005IN

3

C78856945

10564520

SBICAP TRUSTEE COMPANY LIMITED

18/03/2015

02/01/2016

-

1143800000.0

202 MAK ER TOWER ECUFFE PARADEMUMBAIMH400005IN

4

C78729993

10551258

SBICAP TRUSTEE COMPANY LIMITED

20/02/2015

02/01/2016

-

9348600000.0

202 MAKER TOWER ECUFFE PARADEMUMBAIMH400005IN

5

C79074530

10544987

SBICAP TRUSTEE COMPANY LIMITED

21/01/2015

02/01/2016

-

3310400000.0

202 MAKER TOWER ECUFFE PARADEMUMBAIMH400005IN

6

C78723392

10544982

SBICAP TRUSTEE COMPANY LIMITED

12/01/2015

02/01/2016

-

22537629642.0

202 MAKER TOWER ECUFFE PARADEMUMBAIMH400005IN

7

C78042603

10538736

SBICAP TRUSTEE COMPANY LIMITED

23/12/2014

02/01/2016

-

11166760000.0

202 MAKER TOWER ECUFFE PARADEMUMBAIMH400005IN

8

C78249844

10538154

SBICAP TRUSTEE COMPANY LIMITED

18/12/2014

02/01/2016

-

1054744600.0

202 MAKER TOWER ECUFFE PARADEMUMBAIMH400005IN

9

C78130648

10533586

SBICAP TRUSTEE COMPANY LIMITED

26/11/2014

02/01/2016

-

1792751000.0

MAKER TOWER ECUFFE PARADEMUMBAIMH400005IN

10

C78081692

10523906

SBICAP TRUSTEE COMPANY LIMITED

27/09/2014

02/01/2016

-

3000000000.0

202 MAKER TOWER ECUFFE PARADEMUMBAIMH400005I

 

 

CONTINGENT LIABILITIES:

 

 

PARTICULARS

 

31.03.2016

INR in Million

Disputed Sales Tax/VAT/ Entry Tax matters in respect which the Company has gone in appeal

186.800

Disputed Excise Duty matters in respect which the Company has gone in appeal

1.700

Disputed Custom Duty / Export Duty matters in respect which the Company has gone in appeal

1341.100

Tax on sale of Electricity demanded by collector of electricity duty on Essar Power Limited

459.100

Electricity Duty demand1

6090.100

Wheeling Charges demanded by GETCO2

3930.100

Freight Claim by South East Railway

1005.300

Disputed Differential Electricity Duty

493.900

Electricity Charges by DGVCL3

1925.800

Disputed Cross Subsidy4

3272.800

Others

257.800

 

 

FIXED ASSETS:

 

·         Freehold Land

·         Leasehold Land

·         Buildings

·         Leasehold Building

·         Plant and Machinery

·         Leasehold Plant and Machinery

·         Furniture and Fixtures

·         Office Equipment

·         Computers

·         Vehicles

·         Ships and Vessels

·         Railway Sidings and Wagons

·         Leasehold Railway Sidings and Wagons

·         Aircraft

·         Software’s

 

 

PRESS RELEASES

 

IS THE ORDINANCE EMPOWERING RBI THE LAST ACT IN NPA RESOLUTION?

MAY 08 2017

 

It remains to be seen whether the ordinance to Banking Regulation Act gets the NPA job done where several of RBI’s acronymed processes failed

 

Over the next fortnight, many state-owned banks, led by the nation’s largest lender State Bank of India, are expected to aggressively push for deep restructuring of some of the large bad assets such as Essar Steel Limited (INR 450000.000 Million) and Bhushan Steel Limited (INR 470000.000 Million), among others. These will be taken up at the executive committee meetings of individual banks and also the forum of lenders. On the table are plans for extension of the tenure of repayment of loans, reduction in interest rates, pledge of shares as well as personal guarantees by the promoters of distressed companies and conversion of unsustainable debt into preference shares/low coupon debentures, and other covenants. Behind the sudden rush is an ordinance signed by the President of India last Thursday, amending the Banking Regulation Act, giving powers to the Reserve Bank of India (RBI) to push the banks hard to deal with the bad assets. The banking regulator is also being authorized to invoke the Insolvency and Bankruptcy Code against the loan defaulters.

 

If the reaction of the stock market is anything to go by, the ordinance did not match the hype that was created in media in the run up to its promulgation. Are the new proposals adequate to clean up the banking system in the world’s fastest growing major economy? Between 2001 and now, there have been quite a few schemes like corporate debt restructuring (CDR), strategic debt restructuring (SDR) and Sustainable Structuring of Stressed Assets (S4A) to address the problem of rising bad loans in India but none of them has succeeded. The listed Indian banks had Rs7.2 trillion gross bad loans in December and this is expected to cross INR 8 trillion in March. At least another Rs2.1 trillion are the so-called special mention accounts or SMA1 (where principal or interest payment of a loan are not paid between 31-60 days) and SMA2 (principal or interest not paid between 61-90 days).

 

Three ways in which changes to Banking Act gives RBI more powers tackle NPAs

 

The Videocon group (INR 330000.000 Million), Essar Power Limited (INR 110000.000 Million), Jaiprakash Associates Limited (INR 229600.000 Million), Jaiprakash Power Ventures Limited (INR 147000.000 Million), JP Infrastructure Limited (INR 100000.000 Million), Naveen Jindal’s Jindal Steel Limited (INR 460000.000 Million) and Anil Ambani’s Reliance Communications Limited (INR 420000.000 Million) are some of the corporations that fall into this bracket. Depending on their cash flow and repayment of banks dues, they shift between the two buckets—SMA1 and SMA2; for the banking system, they are stressed but performing assets.

 

The finance minister has pegged the stressed asset volume at Rs9.6 trillion but I presume this figure does not include the cases which are under SDR where the banks continue to classify them as standard assets for 18 months. Under SDR, a consortium of lenders could convert part of their loan exposure in a stressed company into equity and own at least 51% of it. They can also change the management of companies that were not able to service bank loans. We have hardly seen change in management in companies dealt on the SDR platform. The stressed companies being tackled on this platform for which new investors are yet to be identified could be around Rs1trillion. There are over-leveraged promoters who have very little skin in the game as they have taken vanilla loans from one set of banks for the holding company and, at the same time, loans against pledge of shares of their operating companies from another set of banks and non-banking financial companies to minimize their own contribution. Similarly, there are banks which have been evergreening certain loans—giving fresh loans to the borrowers to pay off the old loans. This is why one particular account could be in the category of SMA1 or SMA2 or even a non-performing asset (NPA) for one bank and a regular asset for another.

 

5 charts that show why cabinet cleared ordinance to solve NPA issue

 

The two key takeaways from the latest move to clean up banks’ sheets are :

 

—The bank executives are expected to be protected from the glare of the investigative agencies Central Bureau of Investigation, Chief Vigilance Commission and India’s chief auditor, the Comptroller and Auditor General, while taking a deep haircut to resolve some of the bad assets. This is not explicitly stated in the ordinance but this will be done by making the oversight committees or OCs responsible for such resolutions. Currently, there is only one two-member OC—consisting of former State Bank of India chairman Janki Ballabh and former chief vigilance commissioner Pradeep Kumar. Work is underway to amend the Prevention of Corruption Act and once this is done, the formal shield for the bankers from such investigations will be in place.

 

—Bad loan resolution will now happen in a time-bound manner. If the banks show reluctance, the RBI will force them to act. Frankly, there haven’t been enough incentives for the banks to act on a war-footing against bad loans. Once a loan becomes an NPA, a bank is required to set aside money or provide for 15% of the loan amount in the first year, additional 10% in the second year, 15% in the third year and finally the rest 60% in the fourth year. For a bank chief, making such provisions is easier than taking a 40%-60% haircut at one go. On the one hand, such deep haircuts can attract the attention of investigative agencies and, on the other, higher provisions—following a deep haircut—erodes bank’s profits and capital.

 

This is why bankers’ lobby Indian Banks’ Association has been asking for staggering out such provisions over a period of eight quarters or two years but it seems that the banking regulator doesn’t have much sympathy for this. However, to hasten the process of resolution it is saying 60% of creditor by value and 50% by number of the lenders will now be the basis of any action for bad loan clean-up. Till now, any such decision needed to be backed by 75% by value and 60% by number of lenders.

 

This is expected to speed up the process. One of the key reasons why there has been enormous delay in resolving the bad assets is the bankers’ refusal to reach a consensus on such deals. A case in point is Russian oil major Rosneft’s plan to acquire Essar Oil for $12.9 billion. Rosneft plans to acquire a 49% stake and another 49% stake will be shared between commodities trader Netherlands-based Trafigura and Russian private investment group United Capital Partners. Once the deal is done, armed with the cash, the Essar group will be able to service bank loans in a much efficient way but some of the banks which have exposure to the group have not yet given their approval to the deal.

 

Many are questioning the direct involvement of the banking regulator in the bad asset resolution process. Should the regulator do this? Isn’t there a conflict of interest? If this is done, what prevents the RBI from directing the banks where to lend and return to the directed lending regime? While there is merit in such a debate, we must remember that this is an extraordinary situation which calls for extraordinary measures. The overall stressed assets of the banking system at this point could be as much as Rs12 trillion, more than 8% of India’s gross domestic product. This is less than 15% of bank credit but since bad loans in other sectors such as retail and agriculture is much lower, around 40% of the industrial credit given by Indian banks could have gone sour. We cannot remain in a denial mode.

 

While an aggressive banking regulator will force the banks to clean up their books, who will fill in the big holes in their balance sheets? Deep restructuring of loans will lead to massive provisions and that will wipe out many banks’ capital. The ordinance marks the beginning of a new cleanup drive but it can only be successful if the government is willing to pump in fresh capital. Or else, quite a few banks will go belly up. Of course, if the RBI has something up its sleeve for mergers and consolidation of banks, that’s a different story.

 

Post script

 

While both the regulator and the majority owner are determined to clean up the banking system—and rightly so—the government is showing no laxity in tightening the screw around top loan defaulters that are suspected of wrongdoings. The Serious Fraud Investigation Office (SFIO) of the central government is probing into the affairs of Bhushan Steel Limited and Bhushan Power and Steel Limited. In the last week of April, a senior executive of SFIO, part of the ministry of corporate affairs, wrote to the chiefs of all banks, asking for information of the bank accounts of all group companies and their directors—some 49 of them.

 

The SFIO wants the copy of the account opening form, the KYC (know your customers) documents submitted by them, and statement of accounts for past 10 years under Section 65B of the Indian Evidence Act, 1872. It also wants the details of demat accounts, linked to the bank accounts, statement of holdings as well as details of all transactions. Besides, it has asked for details of credit cards issued to any of the directors, their family members and senior executives of the companies under investigation and details of their loan accounts.

 

The banks have been directed to submit all documents—as per provisions laid down by Section 2(A) of the Banker’s Book of Evidence Act, 1891, within seven days. The list of 49 group companies and their directors also include their PAN numbers. I presume, the banks have already responded and the investigation is going on full steam.

 

This is first of a two-part series on bad loan resolution.

 

Tamal Bandyopadhyay, consulting editor at Mint, is adviser to Bandhan Bank. He is also the author of A Bank for the Buck, Sahara: The Untold Story and Bandhan: The Making of a Bank.

 

 

ESSAR NEEDS TO REPAY LIC TO GET APPROVAL FOR ROSNEFT DEAL

 

MAY 15, 2017

 

Life Insurance Corp of India (LIC) will clear Rosneft PJSC’s $12.9-billion acquisition of Essar Oil only after the Essar group pays a part of its dues to the insurer, four people with direct knowledge of the matter, including an LIC official, said.

 

An approval from Essar Oil’s lenders, including LIC, is a pre-requisite for the transaction to go through, according to Indian rules.

 

Essar, through two of its group companies, owes at least INR 23000.000 Million to LIC. The state-owned insurer wants Essar to repay its loans or at least pay part of loan so that LIC can classify this debt as a standard asset in its books, said one of the four people cited earlier on the condition of anonymity.

 

“We wish to make it clear that LIC is in favour of the deal, however, there are concerns to be addressed,” a spokesperson for LIC said in a emailed statement. “LIC has conveyed the concerns to Essar group and Roseneft in a joint meeting. LIC has been following with them through letters but we are yet to get response addressing our concerns.”

 

The Essar group signed a deal with Rosneft, United Capital Partners and Trafigura Group Pte. in October to sell 98% in Essar Oil. The deal was signed at the Brics (Brazil, Russia, India, China, South Africa) summit in Goa in the presence of Prime Minister Narendra Modi and Russian President Vladimir Putin. The proceeds from this sale were expected to help the group reduce its debt, which director Prashant Ruia had put at around $13.5 billion (INR 864000.000 Million).

 

The deal which was to be completed by March has been delayed because some lenders are yet to approve the acquisition. Reuters reported on Thursday that apart from LIC, five other institutions - IDBI Bank, Punjab National Bank, Syndicate Bank, Indian Overseas Bank, IFCI Limited – have held up the deal. Reuters also said that Syndicate Bank and Indian Overseas Bank were close to approving the deal, citing people it didn’t identify.

LIC’s key worry stems from the non-Essar Oil part of debt owed to it.

After the deal is closed, some part of the liability will go to Rosneft and Transfigura since they will become the owners. There is no guarantee from Essar how it will repay the other parts of its debt, the second of the four people cited earlier said, declining to be identified.

 

That’s the key reason why other lenders are taking a long time to give approvals. Debt talks were complicated by the fact that some lenders were also owed money by other Essar group firms, Reuters reported. Essar Steel, for instance is negotiating with lenders to restructure debt.

 

Essar had first offered to pay LIC immediately after the deal closure. Now it is prepared to pre-pay LIC if required to move forward the deal, said two other people (different from the four cited in the first instance) aware of the matter on condition of anonymity. “Informally, other lenders, are saying that Essar pay them money in advance. In a couple of cases, Essar will pay them before the deal is completed,” said one of the two people.

 

However, the first person cited in the story, who is directly involved in negotiations, said a written offer conveying Essar’s willingness to pre-pay has not been made to LIC.

 

“The completion of the transaction was conditional upon receiving requisite approvals and satisfaction of customary conditions. The parties are working towards obtaining the requisite approvals to complete the transaction. We are hopeful that the deal will be completed in the upcoming few weeks,” an Essar group spokesperson said in an emailed response.

 

Rosneft didn’t reply to an email seeking comments.

 

 

WITH LENS ON INR 5 LAKH CRORE OF LOANS, GOVERNMENT TURNS FOCUS ON 50 TOP STRESSED ACCOUNTS

MAY 30, 2017

 

NEW DELHI: About 50 stressed accounts have been identified as being on the watch list of the government, the Reserve Bank of India and, in some cases, vigilance agencies, according to several officials.



The list includes Videocon Industries Limited; Jindal Group firms such as Jindal Steel and Power Limited; Punj Lloyd; Jaypee Group; Lanco, which includes Lanco Infratech; Monnet Ispat; Essar Limited; and Bhushan Steel.

 

The list represents stressed accounts, which includes loans that have turned bad or been restructured as of December 2016. The total value of such top 50 loans is estimated to be around INR 4-5 lakh crore, which is almost 80-85% of the total bad loans for state-run lenders. Bad loans at state-run banks have grown more than INR 1 lakh crore since April 2016 to INR 6 lakh crore as of December 31.

 

To be sure, some of these accounts are facing stress but are yet to be classified as a non-performing loan across all lenders. As per RBI classification, some of these accounts also fall under Special Mention Account (SMA) categories 1 and 2, which means interest payment is overdue by up to 90 days.

 

Some of these names have already been shared with the Prime Minister’s Office in presentations made on resolving non-performing assets (NPAs).

 

"Inputs have come from lenders and some of these names are a constant both in sectoral stressed assets and stressed assets by value," said a senior government official aware of the deliberations, adding the concern is that this quarter some telecom companies may get included in the list. The debt-heavy sector is struggling to cope with a tariff war amid the entry of Reliance Jio Infocomm.

 

Earlier this month, two state-run lenders classified the debt of Videocon Industries as NPA.

 

The government and the banking regulator are keen on resolving NPAs, which are a key risk for economic growth.

 

Finance minister Arun Jaitley has on various occasions said that the problem of bad loans is not systemic but is limited to 30-50 accounts.

 

"It is not a problem spread over hundreds or thousands of accounts and given the size of the Indian economy, it is possible to deal with the NPAs," Jaitley said in April during a trip to New York.

 

Earlier this month, the government promulgated the Banking Regulation (Amendment) Ordinance, 2017, giving more powers to RBI to deal with stressed assets.


Another government official confirmed some of these names and said the estimated total outstanding exposure in these 50 accounts stands at around INR 4-5 lakh crore. "These are estimates, (and) as some of these are group accounts, they do not reflect a clear picture as some of the small-value lending done to standalone units has not been yet captured," he said.

 

A finance ministry official said most of these accounts are under close scrutiny and steps are being taken to identify the issues and possible remedial measures, which include takeovers by other promoters, extensive restructuring and in, some cases, a forensic audit where there are suspicions of malfeasance.

 

"The current position is that RBI has reached out to the banks seeking status of some of these accounts. Banks have and continue to explore all possible options," he said, adding that the central bank will try and speed up the process in some cases.

 

The central government can also direct the Serious Fraud Investigation Office to examine company accounts under Section 212 of the Companies Act, 2013.

 

ET View Use The Bankruptcy Code Vigil is in order. Having empowered the RBI to give directions to banks to take action against defaulters under the bankruptcy code, and shield bankers from individual accountability for decisions, the need is to swiftly appoint resolution professionals and put the bankruptcy code to use. A clean-up of banks' books will enable better credit flow and revive growth. A change in bankers' remuneration to bring perfor.

 

 

SC TELLS ESSAR TO PAY INR 10382.700 MILLION TO GUJARAT GOVT [READ JUDGMENT].

MAY 3, 2017

 

The Supreme Court has dismissed the appeal by Essar Steel India Limited against the Gujarat High Court judgment directing it to pay electricity duty amounting INR 10382.700 Million to the Gujarat government.

 

The State Government’s decision rejecting the claim of the company for exemption of payment of electricity duty and the recovery notice issued for payment of electricity duty for the period of April 2000 to August 2009, was challenged before the Gujarat High Court. Both the single bench and division bench of the Gujarat High Court upheld the government’s decision.

 

A bench comprising Justice AK Sikri and Justice Ashok Bhushan observed that the statutory provisions of Section 3(2) vii (a) of the Bombay Electricity Duty Act have to be strictly construed and in event the condition of generating energy jointly with any other industrial undertaking is not fulfilled, the claim has to be rejected. “When energy being generated is used by industrial undertaking which is not jointly generating the energy the claim is not covered under Section 3(2) (vii) (b),” the bench said.


“Even if it is held that the appellant no.1 to the extent it holds 42% equity shares of appellant no.2 is jointly generating the energy. The Gujarat Electricity Board which has been allocated 58% of electricity generated cannot be said as the industrial undertaking jointly generating the energy,” the bench added.

 

The court also observed that the condition which was found lacking for applicability of the notification was that generating sets were not purchased or installed or commissioned during the period from 01.01.1991 to 31.12.1992.

 

 

RBI STARTS BANKRUPTCY PROCEEDINGS: BHUSHAN STEEL, ESSAR STEEL, ALOK INDUSTRIES AMONG LIKELY TARGETS

JUNE 14 2017

 

A list of likely candidates on which RBI can implement Insolvency and Bankruptcy Code, based on debt size and conversations with bankers

 

Mumbai: The Reserve Bank of India (RBI) on Tuesday said 12 accounts representing about 25% of the gross bad loans in the banking system would be eligible for immediate reference for bankruptcy proceedings. It used one criteria for shortlisting these accounts: they should have outstanding dues of at least INR 50000.000 Million, of which at least 60% should have been classified as non-performing by banks as of 31 March 2016.

 

RBI did not name these 12 accounts. Mint has put together a list of likely candidates on which the Insolvency and Bankruptcy Code can be implemented, based on debt size and conversations with bankers. This list will be updated as and when more information comes in.

 

Bhushan Steel Limited

 

Lead Bank: Punjab National Bank

 

Debt: INR 423555.003 Million (as on 31 March 2017); INR 385292.600 Million (as on 31 March 2016)

 

Interest Coverage Ratio: 0.25 (Fiscal 2017)

 

Many banks classified this account as a non-performing asset after RBI’s asset quality review in the fourth quarter of FY16. This was done after efforts at resolution, such as joint lender forum (JLF) discussions and a 5/25 refinancing plan, failed. The JLF was set up after the Central Bureau of Investigation (CBI) arrested Neeraj Singhal, vice-chairman of Bhushan Steel, in a cash-for-loans case in 2014. Until recently, lenders were considering restructuring the company’s debt under the RBI’s Scheme for Sustainable Structuring of Stressed Assets, or S4A, which allowed lenders to split the debt into sustainable and unsustainable parts. A company spokesperson declined to comment, saying that it is too early to respond.

 

Bhushan Power and Steel Limited

 

Lead Bank: Punjab National Bank

 

Debt: N.A. (as on 31 March 2017); INR 356840.000 Million (as on 31 March 2016)

 

Interest Coverage Ratio: N.A. (fiscal 2017)

 

Just like many other power sector firms, Bhushan Power and Steel has struggled to service its debt. Chairman and managing director Sanjay Singal had sought a deep restructuring of loans but there was no head way. According to 7 June 2017 report of the Economic Times, the Serious Fraud Investigation Office had initiated investigation into the company. Singal did not comment on whether Bhushan Power would be one of the first companies to go for bankruptcy proceedings after RBI was granted powers under the new ordinance.

 

Essar Steel Limited

 

Lead Bank: State Bank of India                                              

 

Debt: N.A (as on 31 March 2017); INR 312110.000 Million (as on 31 March 2016)

 

Interest Coverage Ratio: N.A (Fiscal 2017)

 

Essar Steel was declared as a non-performing asset in 2015 and lenders have been making efforts to restructure debt. In October 2016, Essar group sold its oil and Vadinar port assets to a consortium led by Rosneft OAO for INR 860000.000 Million. The deal will help the group reduce its total debt in half and restructure the debt of Essar Steel, Prashant Ruia, a director at Essar group had said then. An Essar spokesperson did not immediately comment on Tuesday night. This copy will be updated with Essar’s response as and when we get it.

 

Alok Industries Limited

 

Lead Bank: State Bank of India

 

Debt: INR 234430.000 Million (as on 31 March 2017); INR 198870.000 Million (as on 31 March 2016)

 

Interest Coverage Ratio: -0.59 (Fiscal 2017)

 

Alok Industries was one of the earliest cases which was admitted for restructuring under the CDR scheme. Later the lenders considered restructuring the company under RBI’s new schemes, which failed to be implemented and the account was classified as an NPA. In October 2016, the board of directors gave the approval to the company to approach the Board of Industrial and Financial Reconstruction (BIFR) following an erosion in its net worth by more than 50% from peak levels. This was followed by SIDBI filing a winding up petition in the Bombay high court. A spokesperson declined comment.

 

 

BHUSHAN, ESSAR STEEL AMONG THE 12 FIRMS BEING MOVED TO INSOLVENCY COURTS UNDER RBI DIRECTIVE

16.06.2017

 

Mumbai: The Reserve Bank of India (RBI) has asked lenders to initiate bankruptcy proceedings against a dozen companies, including Essar Steel, Bhushan Steel Limited, Monnet Ispat and Energy Limited, sources with direct knowledge of the matter said.

 

This follows a change enacted in laws last month that gives the Reserve Bank of India greater power to address the $150 billion stressed loan problem plaguing growth in Asia’s third-largest economy. This week, the RBI said it had identified 12 of the country’s biggest loan defaulters.

 

Jaypee Infratech, Electrosteel Steels, unlisted Bhushan Power and Steel, textiles maker Alok Industries, ABG Shipyard and Jyoti Structures are also among the firms that will be taken to insolvency courts by the RBI, said the sources, who asked not to be named as the list was not public.

 

The RBI has yet to officially name any of the 12 companies, which account for about 2 trillion rupees ($31 billion) of India’s non-performing loans, or roughly 25 percent of all the country’s bad loans.

 

CNBC TV18, which reported the 12 names earlier on Friday, also said Lanco Infratech, Amtek Auto and Era Infra Engineering were on the list. Reuters could not immediately verify these three names.

 

According to the television station, RBI has asked banks to initiate bankruptcy proceedings against six of the firms within 15 days and to file petitions for the others within 30 days.

 

A spokesman for Essar Steel declined to comment, while a spokesman for Electrosteel said they had heard from their main lender that creditors wanted to initiate resolution of the unpaid loans through the National Company Law Tribunal.

 

The NCLT has been appointed as the nodal court for insolvency and bankruptcy proceedings in India. A bankruptcy filing would result in recovering some funds owed through a debt restructuring, or ultimately through liquidation of the company.

 

Such action means banks would no longer leave bad debt on their books and it could force them to put more money aside to cover losses – at a time when funds are already short as banks seek to comply with international capital standards.

 

The filings could have far reaching implications, as India’s new insolvency code sets out a tight deadline for restructuring resolutions to be struck, failing which the defaulters would be moved into forced liquidation, potentially leading to further value erosion and jeopardizing tens of thousands of jobs at the heavy industry companies on the list.

 

Indian banks typically lend larger sums in groups. Lead banks plan to call meetings of the groups over the next two weeks to decide the next course of action, one source said.

 

Jaypee Infratech, Lanco, Bhushan Steel, Monnet, Bhushan Power and Steel, Jyoti, Era, Amtek, Alok and ABG were not immediately reachable for comments.

 

NCLT CLEARS WAY FOR INSOLVENCY PROCEEDINGS AGAINST ESSAR STEEL

 

Ahmedabad, Aug 2:   The Ahmedabad bench of the National Company Law Tribunal (NCLT) admitted an insolvency petition against Essar Steel India Limited (ESIL) on Wednesday, paving the way for insolvency proceedings to commence against a big-ticket defaulter under the newly enacted Insolvency and Bankruptcy Code (IBC), 2016.

 

The decision comes as a major setback for ESIL, led by the Ruias, which has had a total debt of INR 450000.000 Million on its books for a couple of years now. For lenders, non-performing (NPAs) under ESIL assets crossed INR 320000.000 Million in 2016-17 and were at over INR 310000.000 Million in 2015-16.

 

The NCLT bench, chaired by Justice Bikki Raveendra Babu, was hearing a petition by lenders, who were represented by State Bank of India and global lender Standard Chartered Bank.

 

The two banks had independently filed applications to initiate insolvency proceedings against ESIL at the NCLT’s Ahmedabad bench, to recover the NPAs.

 

Justice Babu rejected Essar Steel’s plea to dismiss the insolvency proceedings and ordered the appointment of the SBI-nominated Satish Kumar Gupta from Alvarez and Marsal India as the Interim Resolution Professional (IRP), as required by the Code.

 

However, StanChart’s counsel had sought the appointment of Ernst and Young partner Dinkar Venkatasubramanian as the IRP.

 

180-day deadline


The Interim Resolution Professional will get 180 days to come out with a resolution for the company to repay the loan, under the terms of the code. The plan has to be approved by the committee of lenders by a 75 per cent majority before being filed with the NCLT.

 

The maximum permitted time is 270 days for such a plan to get approved, failing which a liquidator will be appointed to initiate the liquidation.

 

Among the lenders, the SBI-led consortium of lenders has a 93 per cent share of the total INR 450000.000 Million outstanding with ESIL. Also, ESIL had defaulted on its guarantee, worth INR 37000.000 Million, to StanChart for one of its subsidiaries in Mauritius, Essar Steel Offshore Limited.

 

 

SC RESTRAINS ESSAR STEEL FROM USING 2.76 LAKH SQ M OF SURAT 'FOREST' LAND

AUGUST 16, 2017

 

NEW DELHI: The Supreme Court on Monday restrained Essar Steel India Limited, already facing insolvency proceedings, from undertaking any construction activity on the 2.76 lakh square metres of alleged forest land on the outskirts of Surat in Gujarat, estimated to be worth INR 60000.000 Million.

 

A bench of Justices Madan B Lokur and Deepak Gupta was informed by Essar Steel counsel Mahesh Agrawal that Ahmedabad Bench of National Company Law Tribunal has, on August 2, admitted application for initiation of insolvency process.

 

Agrawal said that by an interim resolution, a professional has been appointed and the NCLT bench has directed that a moratorium with respect to the institution of suits or continuation of pending suits or proceedings against the corporate debtor.

 

Taking note of the NCLT proceedings, the apex court bench said: "It would be appropriate, if Essar Steel India Limited ceases of activity in relation to the property in question, otherwise it may incur some liability which may not be enforceable. We make it clear that Essar Steel India Limited will immediately cease any activity with regard to the property in question until further orders."

 

This order of the SC comes on a petition filed by Farook Shaikh, who through advocate D N Ray, had alleged that the Gujarat HC, though finding the land to be forest land, had erred in not passing any restraint orders against Essar Steel.

 

"If the HC judgement is allowed to operate, it would allow Essar Steel, in collusion and connivance of the state, to grab 2,76,000 sq mof forest land, worth more than INR 60000.000 Million, and commercially exploit the same by seeking ex post facto approval from the Centre for change of user of the forest land."

 

 

ESSAR STEEL INTERIM RESOLUTION PROFESSIONAL LOOKS TO RAISE INR 25000.000 MILLION

 

Essar Steel’s IRP Satish Kumar Gupta of Alvarez and Marsal is said to have reached out to lenders including a global structured credit fund in August.

 

Mumbai: The interim resolution professional (IRP) for Essar Steel Limited is in talks with potential lenders to raise as much as INR 25000.000 Million in priority funding to meet the company’s immediate working capital needs, two people aware of the development said.

 

Essar Steel’s IRP, Satish Kumar Gupta of global turnaround advisory firm Alvarez and Marsal, reached out to lenders including a global structured credit fund in August to raise the required capital, the two said on condition of anonymity. The fund-raising is being done under the interim funding framework of insolvency proceedings, they said.

 

Priority funding allows a new lender to come in on the promise that it will be accorded higher priority during the payout phase, once a turnround is effected or the firm is liquidated. In such transactions, existing lenders may cede charge on the assets in favour of a new lender, which has the first right on the firm’s cash flows. This is typically done to ensure the underlying asset quality does not deteriorate till the time a resolution plan is approved and put in place.

 

In a similar concession last year, a consortium of Essar Steel lenders approved a ‘holding on operations’, which allowed it to plough a part of its revenue back into operations.

 

Essar Steel owed lenders around INR 450000.000 Million, of which INR 316710.000 Million had become non-performing as of 31 March 2016. The company owes as much as 93% of this amount to a consortium of 22 creditors led by State Bank of India, Mint reported in August.

 

Responding to a query, a spokesperson for Alvarez and Marsal said, “As a policy, A&M does not comment on client or potential client engagements.”

 

An SBI spokesperson said: “As a matter of policy, SBI doesn’t comment on any individual account and its treatment.” A request for comment sent to Essar Steel did not elicit a response as of press time.

 

The Economic Times reported in September that the IRP is seeking INR 10000.000 Million in loans from the company’s existing lenders to keep the firm running, and easing of restrictions imposed by lenders on the use of funds, citing people familiar with the matter.

 

Essar Steel, one of the 12 cases identified by the Reserve Bank of India for early bankruptcy proceedings, has meanwhile drawn interest from potential suitors. Mint reported in August that Tata Steel is considering buying stressed steel assets, including Essar Steel, which would give the firm a foothold in west India. CNBC-TV18 reported in August that apart from Tata Steel, JSW Steel Limited, ArcelorMittal, SSG International, Posco and Liberty House had informally expressed interest in acquiring a controlling stake in the firm.

 

 

BANKS WARY AS IRPS LOOK TO RAISE FUNDS IN INSOLVENCY CASES

 

Banks are reluctant to allow interim resolution professionals of NPA accounts to raise interim loans from other lender for fear of losing charge over assets

 

Mumbai: A month after 11 out of 12 companies came under the management control of interim resolution professionals (IRPs), teething issues have cropped up in the resolution process in areas such as interim financing and the role of the resolution professionals. In particular, lenders are reluctant to allow interim loans from other creditors as they fear losing charge over the assets.

 

Under the Insolvency and Bankruptcy Code (IBC), a resolution professional, who is appointed to carry out the resolution process, is allowed to raise interim finance and grant rights over the debtor’s property if it is approved by the committee of creditors.

Typically, interim funding is a short-term working capital loan borrowed at a higher interest rate and secured with a first charge on the firm’s assets, giving it priority over other lenders in recovery. 

 

Asset reconstruction companies such as Edelweiss ARC and Phoenix ARC are quoting 15-22% for a six-month interim loan with the right of first charge, said two people aware of the matter.

 

“Interim funding requirement is around INR 500.000 Million to INR 2000.000 Million for each company. We are looking at cases where we already have prior exposure in these companies,” said Eshwar Karra, chief executive officer, Phoenix ARC Pvt. Limited. However, in cases such as Essar Steel Limited, the IRP is looking to raise at least INR 10000.000 Million.

 

Lenders are questioning the purpose of borrowing such large amounts as they fear losing control over cash flows, said bankers handling these cases.

 

They also want to ensure that these funds are not used for any related-party transactions. 

 

“Where is the need for fresh funding when the company has been running without the help of any external funding so far?” asked a senior official of a public sector bank.

 

“Instead, the resolution professional can reduce the interest payment due to the lenders,” the official added. 

 

In Essar Steel’s case, the resolution professional had also requested its lenders to stop diverting a portion of fund flows towards debt obligations, a practice called tagging, the Economic Times reported on 1 September. 

 

Resolution professionals argue that without interim funding, the company could face the threat of shutting down. Money is needed to preserve the value of the company by running it as a going concern, said a consultant at one of the big four audit firms who is handling bankruptcy cases. 

 

“Despite the priority given to interim finance by the Code, the existing lenders have been extremely reluctant in releasing interim finance,” said a report by EY India on implementing the bankruptcy code. “In case there is an external financier who is ready to provide interim finance, it still has to be approved by the committee of creditors that has not been an easy process. Lenders would need to consider the larger implications of the benefits to be derived via interim finance in the interest of the business – rather than being only concerned about dilution of the security available to them.” 

 

In some cases, lenders are also upset with resolution professionals acting on their own without taking the approval of the committee of creditors, said two people involved in the matter.

 

That said, lenders are not opposed to interim funding in all cases.

 

In the Alok Industries Limited case, for instance, the creditor committee has given the approval to raise INR 1500.000 Million as interim funding. The resolution professional is currently negotiating with Edelweiss ARC over the pricing of the loan, according to two people familiar with the matter. 

 

“Lenders need to develop confidence over the RPs and this will come with their performance over a period of time,” said Sitesh Mukherjee, partner at law firm Trilegal.

 

“Meanwhile, financial creditors should ensure that they do not impede the resolution process,” he added. 

 

 

LITTLE VICTORY HERALDS BIG CHANGES IN INDIAN BANKRUPTCY

 

With the Supreme Court backing the new insolvency code, a warped power equation between debtors and creditors in India is heading for a big shift

 

The 1997 Asian crisis forced Indonesia to replace a 93-year-old relic with something resembling a modern bankruptcy code. India took another 20 years—and its own $191 billion bad-debt crisis—to get to the same point.

With the country’s top court backing the new insolvency code, a warped power equation between debtors and creditors is heading for a big shift. It remains to be seen if this will allow lenders to take on powerful business families, or if they’ll have to satisfy themselves with wresting assets from troubled minnows.

 

Take the case of Innoventive Industries Limited, a maker of precision tubes. The Supreme Court recently awarded ICICI Bank Limited a small but important victory against the firm. Not only did the judges dismiss the contention that Innoventive was protected from creditors’ action by a Maharashtra state law, they even refused to accept that its former directors—their rights having been arrogated by a tribunal-appointed insolvency professional—had any business seeking justice in the name of the company.

 

With about $150 million in unpaid debt, Innoventive’s bankruptcy is a minor event. But the court’s pro-creditor stance has implications for larger insolvencies.

 

Essar Steel Limited, which is controlled by the billionaire Ruia family, failed in July to stall proceedings against it by Standard Chartered Plc and State Bank of India. Already, an insolvency professional is trying to raise fresh loans to keep the furnaces warm, hardly an easy task for a firm with $5 billion to repay. Still, as the Indian steel industry’s sagging fortunes lift, potential bidders are emerging. The local media have mentioned everybody from Tata Steel Limited to ArcelorMittal (which had its best six months in half a decade) among suitors.

 

Considering that the bankruptcy code allows only 270 days before mandatory liquidation, it helps everyone—except controlling shareholders—to know that the clock won’t keep getting reset. Even politically connected debtors will have to find better challenges than blaming the government for broken promises, or failed restructuring negotiations. The Supreme Court has made it clear that the only way the tribunal can reject a financial creditor’s bankruptcy petition is if the debtor can prove there was no default. The rest of the sob story won’t count.

All this is a relief for Indian state-run lenders struggling to repair broken balance sheets. However, now that the pendulum is swinging away from debtors, how far will it go in the other direction?

 

It’s possible that lenders become so emboldened they pull the plug too early, without giving management a fair chance to work out a deal. That’s unlikely, though, considering that the bankruptcy tribunal has yet to demonstrate its efficiency. The first case it brought to a conclusion yielded a recovery rate of just 6% without liquidation—though that controversial resolution has now been appealed.

 

The judiciary may be trying a bit too hard to make the new law an attractive option for all creditors. On Monday, the Supreme Court asked for an interim resolution plan for Jaypee Infratech Limited, a real-estate developer, to be prepared in 45 days. Homebuyers who parted with their life savings but never got their apartments had halted the proceedings, demanding they be ranked alongside secured creditors.

 

A 4.5% decline in Jaypee’s shares shows shareholders do expect the court’s involvement to mean more money for homebuyers at their expense. No big deal, maybe, but it’s a little disconcerting that judges who ought to be interpreting the new law are busy implementing it. For the sake of more predictable outcomes, that’s best left to the tribunal.

 

Twenty years of reforms later, Indonesia’s civil-law-based legal system still doesn’t offer that predictability—so for fixed-income investors and Indonesian companies, Singapore is the preferred destination both to raise money and to welsh on debt. But although the city-state has a much more advanced insolvency regime, it had to tweak its laws in May to allow bankrupt oil-and-gas-linked firms to get fresh funding from lenders who insisted their claims take precedence over previous creditors’ demands.

 

This is something India needs to do, too. Otherwise, state-of-the-art steel plants will be needlessly mothballed. Bloomberg Gadfly.

 

 

EDELWEISS ARC TOPS UP ESSAR STEEL DEBT WITH RESOLUTION PROCESS UNDERWAY

 

Financial major Edelweiss Group’s asset reconstruction company has virtually doubled the debt it controls in beleaguered steelmaker Essar Steel.

 

In a bid to consolidate the debt, Edelweiss Asset Reconstruction Company Limited. bought out INR 20000.000 Million worth of Essar Steel loans from Indian Overseas Bank, two people in the know said.

 

After the purchase, the total Essar Steel debt under Edelweiss ARC’s control stands at INR 50000.000 Million or around 11 percent, making it the second largest lender in the INR 450000.000 Million consortium, after State Bank of India.

 

The deal, which concluded on Tuesday, was done at a 40 percent discount to the book value of the loans. ICICI Bank, which sold a portion of its Essar Steel exposure to Edelweiss ARC in June 2016, had taken a 45-50 percent haircut on the loan value, according to the two people quoted above. Other lenders such as Axis Bank, HDFC Bank and Federal Bank have also sold their Essar Steel loans to Edelweiss ARC but the values are not known.

 

The sale involved paying 15 percent of the deal value upfront and issuing security receipts for the rest.

 

Edelweiss ARC and Essar Steel declined to confirm the development. IOB spokespersons were not immediately available for comment.

 

Essar Steel’s Insolvency Process

 

Essar Steel is one of the largest cases being resolved under the insolvency and bankruptcy process, after the Reserve Bank of India included it in a list of 12 large corporate accounts for immediate action in June.

 

The case was admitted under the insolvency process to the National Company Law Tribunal and Satish Kumar Gupta was appointed as a resolution professional to manage the case.

 

Prior to this, banks had been trying various restructuring tools to resolve the stress in the account but with no success.

 

Under the insolvency process, financial creditors and the resolution professional need to arrive at a viable resolution plan within 180 days. This period can be extended to 270 days, after receiving NCLT approval. If the creditors are not able to come up with a viable plan within this time period, liquidation is triggered and the assets of the company are sold to recover money.

 

For a resolution plan to be accepted it needs the approval of more than 75 percent of the creditors, after which, an NCLT approval is also needed.

 

What Explains Edelweiss ARC’s Move?

 

Under the Insolvency and Bankruptcy Act a resolution process is managed by the resolution professional but controlled by the committee of creditors. The voting share of a creditor depends on the proportion of debt he holds.

 

Consolidation of loans at a time when the resolution process is underway suggests that an ARC wants to have a larger say in or control of the resolution.

 

Presently, the creditors in the Essar Steel case have only met once to take on record the facts of the case. According to the two people quoted above, the resolution professional is currently working to collect and verify information regarding the financials of the company. The next meeting is slotted sometime next month, the people confirmed.

 

As such, Edelweiss ARC has offered to lend INR 8000.000 Million to Essar Steel in the form of interim financing to keep the company’s operations afloat, BloombergQuint had reported earlier this month. The committee of creditors is yet to approve this proposal.

 

 

ESSAR GROUP, TATAS, ARCELORMITTAL EYE DEBT-LADEN ESSAR STEEL

OCTOBER 29, 2017

 

NEW DELHI: 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 Limited, an integrated steel producer with an installed capacity of 10 million tonne 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 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 per cent 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 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 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.

 

 

LENDERS SEEKING TO EXTEND DEADLINE FOR ESSAR STEEL RESOLUTION PLANS - REPORT

15 DECEMBER 2017

 

Bloomberg Quint, citing to two people familiar with the matter, reported that lenders are looking to extend the deadline for submission of final resolution plans in the case of Essar Steel Ltd. The sources told “Additional time is needed both for potential bidders to complete due diligence and for existing promoters to reassess their plans in light of recent amendments to the Insolvency and Bankruptcy Code.”

 

The report quoted a source as saying that “Committee of Creditors will now approach the NCLT for permission.”

 

The person added that the amendments to the IBC have necessitated the extension in timeline.

 

The sources added “Essar Steel’s promoters are still weighing their options.It is tough to say at this stage whether they would challenge the ordinance or clear their over dues in order to participate in the resolution process.”

 

An insolvency petition against Essar Steel was admitted by the Ahmedabad bench of the National Company Law Tribunal on August 2. The IBC lays down a 180-day timeline within which a resolution plan has to be finalized. This can be extended by a maximum of 90 days. The Committee of Creditors had approved an extension of the timeline

 

Satish Kumar Gupta, the resolution professional in Essar Steel, had sought expressions of interest for the company by October 23. On Oct 24, BloombergQuint reported that ArcelorMittal, Sumitomo Corporation, Vedanta Resources Plc, Tata Steel Ltd. and Steel Authority of India Ltd. have submitted expressions of interest for a resolution plan. The Ruias, who are the promoters of Essar Steel, had also shown interest.

 

 

VISAKHAPATNAM: 48-HOUR COUNTDOWN STARTS FOR ESSAR

 

DECEMBER 22, 2017

 

Visakhapatnam: Acting tough on non-payment of dues against the shortfall of traffic, Railways on Thursday gave an ultimatum of 48 hours to deposit and clear the remaining dues on or before December 23. Railways has warned that it would not permit the continuance of slurry pipeline on their land in absence of an appropriate agreement. M/S ESSAR steel India Limited is operating an Iron Ore slurry pipeline crossing a railway track at KM.762/1-2 near Duvvada since 2005. ESSAR was committed to give traffic of 1.2MT (annually) but could not keep up the offer and kept a huge sum pending. The total amounted to INR 3724.400 million. 

 

As per the minimum traffic clause, the party has to pay the load amount for whatever amout was agreed in the deal irrespective of what ferried. Divisional Railway Manager (Waltair division) M.S. Mathur told this newspaper that the agreement with Essar Steel was till 2012. They had to renew the contract and clear their dues. But, even after serving several notices, the firm did not respond. This is an illegal operation being carried out by them and we have every right to remove their infrastructure and stop our services.”

 

“Railways may not insist on the minimum traffic clauses from 2016. However, the agreement with the Essar was till 2012. Railways invested huge investment to offer the service. So, Railways would not permit the continuance of slurry pipeline on their land in absence of an appropriate agreement,” he said. Railways geared-up to initiate action against the non-payers towards shortfall of Minimum Guaranteed Traffic payable by ESSAR for the period 2014-2017. Railways advised for early payment of pending dues towards shortfall of assured traffic during the period 2014-2017 (3Years).

 

In this connection, Railway issued one week prior notice to INR 500.000 million as first installment and the remaining amount in a week and now 48 hours’ notice to ESSAR steel India limited duly emphasising to the clear the payment of dues against shortfall of the traffic, for deposition of INR 500.000 million towards part payment of outstanding dues along with action plan for deposition of balance sum within a week time from date of this notice.

 

CMT REPORT (Corruption, Money Laundering & Terrorism]

 

The Public Notice information has been collected from various sources including but not limited to: The Courts, India Prisons Service, Interpol, etc.

 

1]         INFORMATION ON DESIGNATED PARTY

No exist designating subject or any of its beneficial owners, controlling shareholders or senior officers as terrorist or terrorist organization or whom notice had been received that all financial transactions involving their assets have been blocked or convicted, found guilty or against whom a judgement or order had been entered in a proceedings for violating money-laundering, anti-corruption or bribery or international economic or anti-terrorism sanction laws or whose assets were seized, blocked, frozen or ordered forfeited for violation of money laundering or international anti-terrorism laws.

 

2]         Court Declaration :

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

 

3]         Asset Declaration :

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

 

4]         Record on Financial Crime :

            Charges or conviction registered against subject:                                                           None

 

5]         Records on Violation of Anti-Corruption Laws :

            Charges or investigation registered against subject:                                                        None

 

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

            Charges or investigation registered against subject:                                                        None

 

7]         Criminal Records

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

 

8]         Affiliation with Government :

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

 

9]         Compensation Package :

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

 

10]        Press Report :

            No press reports / filings exists on the subject.

 

CORPORATE GOVERNANCE

 

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

 

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

 

 

CONTRAVENTION

 

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

 

 

FOREIGN EXCHANGE RATES

 

Currency

 

Unit

INR

US Dollar

1

INR 63.72

UK Pound

1

INR 88.64

Euro

1

INR 78.14

 

 

INFORMATION DETAILS

 

Information Gathered by :

KMN

 

 

Analysis Done by :

PRY

 

 

Report Prepared by :

NKT

 


 

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.