(I) NATURE OF OPERATIONS
Ahluwalia Contracts (India) Limited is primarily in the business of
construction of structural and buildings.
1. CONTINGENT LIABILITIES NOT PROVIDED FOR
S.No. Particulars March 31, 2011 March 31, 2010
(Rs.) (Rs.)
a) Counter guarantees given to
bankers against Bank guarantees 4,73,24,73,185 4,26,10,06,857
b) Indemnity Bonds/Performance
Bonds/ Surety Bonds / Corporate 1,26,43,95,704 1,19,48,99,037
guarantees given to clients
c) Value Added Tax liability 1,50,70,38,998 28,95,57,881
d) Demand of stamp duty on
Real Estate Project 57,41,980 57,41,980
e) Claims against the company
not Acknowledged as debt 29,33,60,739 29,56,42,739
f ) Excise duty demand for
F.Y. 1998-99 & 2000-2001 46,37,000 46,37,000
g) Service tax demand on allegely
wrong availment of abatement on 1,96,11,49,906 1,08,37,50,234
account of free supply of material
by the Client
h) Income tax demand 5,02,111 -
Based on legal opinion taken by the Company, discussions with the
advocates etc, the Company believes that there is fair chance of
decisions in its favour in respect of all items listed in (c) to (g)
above and hence no provision is considered necessary against the same.
The reply/appeal have been filed before appropriate authority/Court.
Disposal is awaited.
2 a) The company has executed Common Wealth Games Village Project. The
company has raised R.A. bills amounting to Rs. 638,87,67,898/- up to the
March, 2010 which have been certified to the extent of Rs.
571,84,67,898/- . The company has further raised bills and lodged the
claims of Rs. 418,02,86,608/- on the client with respect to additional
works on account of deviations and other aspects. The client has in
turn raised a counter claim on the company for Rs.250,92,91,002/-.
Negotiations for the settlements are in progress and affect will be
given on final settlement as per the policy consistently followed by
the Company. The management is of the opinion that the demand raised
by the client is not sustainable.
b) On 19th Jan, 2011 Sri Sumeru Realty Pvt. Ltd (SSRPL) Bangalore, a
client invoked the Bank Guarantees amounting to Rs. 500,44,760/- and
terminated the Contract on 10.03.11.The Company filed petition in the
District and Sessions Court, Bangalore to restrain the Bank for release
of Payment against these Bank Guarantees. The Company has also filed
application to secure claims of Rs. 22,74,79,303/- The Court restrained
the Bank to release the payment of Bank Guarantees.
The matter is being pursued as per direction of the Court. The effect
for recovery of dues and assets at site will be accounted for on final
settlement/ court order.
c) The Construction of Festival City, Ludhiana was awarded on
10.03.2006 for a contract value of Rs. 110,00,00,00/- for the period of
15 months. . The project was delayed due to various reasons and under
suspension since June 2009. During the course of the execution of the
project, the Company had entered in to an agreement to create strategic
account & agreement to sell in April 2007 for contiguous office space
of 28744 sq ft. for a total sale consideration of Rs. 6,46,74,743/-.
The Client''s bankers have taken over possession of the project
(Building) under SARFESI Act and have filed a suit for recovery in Debt
Recovery Tribunal (DRT).
The Company has filed separate petition dated 21/24.06.2010 with DRT II
u/s 17 (3) of SARFESI Act (i) to set- aside the possession notice for
the space 28744 Sqft (ii) to stay all actions with regard space 28744
Sqft already allotted to the Company by the Client. The matter as such
is sub judice.
The recovery of the Company''s dues are dependent upon decision of the
judicial process. The management is of the opinion that the dues as per
books of account are fully recoverable.
3. Capital commitments :- Capital contracts remaining to be executed
(net of payments) and not provided for Rs. 58,39,37,834/- (Previous Year
Rs. 66,86,43,984/-)
4. In the opinion of the Board, Current Assets, Loans and Advances are
approximately of the value stated if realised in the ordinary course of
business. The provisions for depreciation and for all known liabilities
are adequate and not excess of the amount considered necessary.
5. The Company has initiated the process of obtaining confirmation
from suppliers who have registered themselves under the Micro Small
Medium Enterprises Development Act, 2006 (MSMED Act, 2006). Based on
the information available with the Company, the
6 The Company has 100% subsidiaries namely of M/s. Ahlcon Ready Mix
Concrete Pvt. Ltd., Dipesh Mining Pvt. Ltd., Jiwan Jyoti Traders Pvt.
Ltd., Paramount Dealcomm Pvt. Ltd., Premsagar Merchants Pvt. Ltd. and
Splendor Distributors Pvt. Ltd. As a result of which these companies
have become wholly owned subsidiaries of the company.
7 (a) Sundry Debtors, Advances Recoverable and Sundry Creditors
balances appearing in the Balance Sheet are subject to confirmation.
(b) Advance payments received towards contracts are secured by Bank
Guarantees and/or indemnity bonds issued by the company.
8 (a) Fixed Deposit Receipts to the tune of Rs. 44,20,35,886/- (P.Y. Rs.
36,59,44,451/-) along with interest accrued Rs. 2,83,78,990/- (P.Y.
Rs.3,01,57,404/-) have been pledged with the Company''s Bankers as margin
for Bank Guarantees, Letters of Credits, Security Deposit under lien
for Loans obtained from Banks and FDRs are deposited with the court for
legal cases against the company.
(b) Working Capital Facilities availed by the company
1) From Canara Bank are secured by way of
a) Personal guarantee of (i) Mr. Bikramjit Ahluwalia (ii) Mr. Shobhit
Uppal, (iii) Mrs. Sudershan Walia and (4) Mr. Vikaas Ahluwalia.
b) First Paripassu charge on Stock and Book Debts.
c) Equitable mortgage of Commercial property at Plot. No.A-177,Okhla
Industrial Area, Phase-I, New Delhi- Rs. 2,28,00,000/-, valuation report
dated 3.3.2007, Equitable mortgage of Commercial property at Plot No.
4, Community Centre, Saket, New Delhi - Rs. 9,76,00,000/- valuation
report dated 8.12.2007, Equitable mortgage of Residential property at
Plot No. B-7, Saket, New Delhi - Rs. 5,79,00,000/-, valuation report
dated 3.3.2007.
2) From Yes Bank Limited are secured by way of
a) First paripassu charge on the current assets of the company.
b) Personal guarantee of (1) Mr. Shobhit Uppal and (2) Mr.Vikaas
Ahluwalia
c) Demand Promissory Note for Rs. 20,00,00,000/-.
3) From Standard Chartered Bank are secured by way of
a) First paripassu charge on the current assets of the company along
with other Banks in multiple banking arrangements
b) Personal guarantee of (i) Mr. Bikramjit Ahluwalia (ii) Mr. Shobhit
Uppal (iii) Mrs. Sudershan Walia and (iv) Mr. Vikaas Ahluwalia.
4) From Axis Bank are secured by way of
a) First paripassu charge on the current assets of the company along
with other banks in Multiple Banking Arrangement.
b) Personal Guarantee of (i) Mr. Bikramjit Ahluwalia (ii) Mr. Shobhit
Uppal (iii) Mrs. Sudershan Walia (iv) Mr. Vikaas Ahluwalia.
5) From Kotak Mahindra Bank Ltd. are secured by way of First pari passu
charge on all existing and future current assets of the company.
a) Personal guarantee of (i) Mr. Bikramjit Ahluwalia (ii) Mr. Vikaas
Ahluwalia.
c) Undated cheque in bank''s format for the facility amount.
6) From Induslnd Bank Ltd. are secured by way of
a) First paripassu charge on current assets of the company
b) Personal guarantee of (i) Mr. Bikramjit Ahluwalia (ii) Mr. Shobhit
Uppal (iii) Mrs. Sudershan Walia and (iv) Mr. Vikaas Ahluwalia.
7) From Citi Bank N.A. are secured by way of
a) First paripassu charge on present and future stocks and book debts
of the company.
b) Personal guarantee of (i) Mr. Bikramjit Ahluwalia and (ii) Mrs.
Sudershan Walia
c) Demand Promissory Note and letter of continuity for Rs.
58,00,00,000/-.
8) From Bank of Maharashtra are secured by way of
a) First paripassu charge on all current assets of the company
alongwith other multiple member banks.
b) Personal guarantee of (i) Mr. Bikramjit Ahluwalia (ii) Mr. Shobhit
Uppal (iii) Mrs. Sudarshan Walia (iv) Mr. Vikaas Ahluwalia.
c) Pledge of 15,00,000 Equity shares of the company belonging to the
promoters of the Company.
9) From IDBI Bank Ltd.are secured by way of
a) First paripassu charge on entire current assets of the company along
with other banks in multiple banking arrangement.
b) Personal Guarantee of (i) Mr.Bikramjit Ahluwalia (ii) Mrs.
SudarshanWalia.
10) From State Bank of Patiala are secured by way of
a) First paripassu charge on the entire current assets of the company
along with other banks under multiple banking arrangement.
b) Personal Guarantee of (i) Mr. Bikramjit Ahluwalia (ii) Mr. Shobhit
Uppal (iii) Mrs. Sudarshan Walia (iv) Mr. Vikaas Ahluwalia.
11) From ING Vysya Bank Ltd.are secured by way of
a) First paripassu charge on the entire present and future current
assets of the company with other banks.
b) Personal Guarantee of (i) Mr. Bikramjit Ahluwalia (ii) Mrs.
Sudarshan Walia (iii) Mr. Shobhit Uppal (iv) Mr.Vikaas Ahluwalia.
12) From Punjab & Sind Bank are secured by way of
a) First paripassu charge on current assets both present & future viz
Raw Materials, Semi finished and finished goods, Consumables, Stores
and Spares, Book Debts etc.with participating Lenders.
b) Pledge of 102,71,380 equity shares of the company of the promoters.
c) Personal Guarantee of (i) Mr. Bikramjit Ahluwalia (ii) Mrs.
Sudarshan Walia (iii) Mr. Vikaas Ahluwalia.
13) From ICICI bank, Fund based facilities for Rs. 10,00,00,000/- are
secured by way of
a) First Paripassu charge on entire stocks and book debts, both present
and future
b) Personal Guarantee of (i) Mr.Shobhit Uppal (ii) Mr.Vikaas Ahluwalia
14) From ICICI Bank Ltd., Bank Guarantee facilities of Rs. 50,00,00,000/-
is secured by way of Personal guarantee of (i) Mr. Shobhit Uppal (ii)
Mr.Vikaas Ahluwalia
15) From Bank of India are secured by way of
a) First Paripassu charge on entire current assets of the company along
with other working capital lenders.
b) Personal Guarantee of (i) Mr.Bikramjit Ahluwalia (ii) Mrs. Sudershan
Walia
16) From G.E. Capital Services India for working capital/general
corporate purpose are secured by way of
a) Hypothecation of specified equipments.
b) Demand promissory Note for Rs. 7,00,00,000/- c) Undated cheque for Rs.
7,00,00,000/- (c) Term Loan facilities availed by the company -
1) From Standard Chartered Bank is secured by way of
a) First and exclusive charge of assets financed by the bank.
b) Personal guarantee of Mr. Bikramjit Ahluwalia
c) Post dated cheque for repayment of interest and principal.
(d) 1) Term Loan facilities taken for machinery / vehicle from, ICICI
Bank Ltd., HDFC Bank Ltd. are secured by way of hypothecation
of specified machinery / vehicle.
2) Term loan facilities taken for vehicles from Bank of Maharashtra are
secured by way of hypothecation of specified vehicles and personal
guarantee of Mr. Bikramjit Ahluwalia
(e) Other Term Loan from TML Financial Services Ltd., L&T Finance Ltd.,
Magma Fincorp Ltd., SREI Equipments Finance Pvt. Ltd., First Leasing
Company of India Ltd. are secured by way of hypothecation of specified
machinery / vehicle.
(f) Bank Guarantees Facilities availed from -
1) Allahabad Bank is secured by way of
a) First paripassu charge/ Hypothecation charge over entire current
assets of the company both present and future.
b) Personal Guarantee of (i) Mr. Bikramjit Ahluwalia (ii) Mrs.
Sudershan Walia (iii) Mr. Shobhit Uppal (iv) Mr. Vikaas Ahluwalia
2) ICICI Bank Ltd. of Rs. 90,00,00,000/- is secured by way of
a) First paripassu charge on entire stocks and book debts, both present
and future
b) Personal Guarantee of (i) Mr. Bikramjit Ahluwalia (ii) Mrs.
Sudershan Walia.
3) Syndicate bank is secured by way of 100% margin of Rs. 55,00,000/-.
9. (i) Loan to Body Corporate (shown under schedule 11) due from
subsidiary companies includes Rs. 4,72,25,162/- (P.Y. Rs. 4,72,25,162/-)
(maximum amount due at any time during the year Rs. 4,72,25,162/- (P.Y. Rs.
10,27,60,649/-).
(ii) Sundry creditors includes amount due to subsidiary companies in
which Directors are interested Rs. 2,67,14,172/- (P.Y. Rs. 1,98,46,806/-)
(maximum amount due at any time during the year Rs. 2,89,22,104/-) (P.Y.
Rs. 2,39,84,369/-).
(iii) Sundry debtors includes amount due from companies in which
Directors are interested Rs. 3,03,750/- (P.Y. Rs.60,750/-) (Maximum balance
at any time during the year Rs. 3,03,750/- (P.Y. Rs. 1,04,406/-).
(iv) Sundry debtors includes amount Rs. 1,83,00,582/- (P.Y. Rs.
51,29,325/-) (Maximum balance at any time during the year Rs.
1,83,00,582/- (P.Y. Rs. 51,29,325/-) due from Chairman & Managing
Director Mr. Bikramjit Ahluwalia / proprietary concerns of Mr.
Bikramjit Ahluwalia.
(v) Advance recoverable in cash or in kind or for value to be received
includes amount due from companies in which directors are interested Rs.
3,79,60,273/- (P.Y. Rs.6,03,79,801/-) Maximum balance due at any time
during the year Rs. 15,70,33,188/- (P.Y. Rs.18,38,51,952/-).
11. A sum of Rs. 45,781/- Debit (P.Y. Rs. 75,652/- Debit), relating to
earlier years have been considered in respective heads of accounts.
12. Bus Terminal and Depot and Commercial Complex at Kota
i) The Company entered into an Agreement to Develop with Rajasthan
State Road Transport Corporation (RSRTC), grantor, for
Development/Construction of Bus Terminal and Depot and Commercial
Complex at Kota, on 19th September, 2007. The project was to be
completed within 18 months. Delay in approval of drawing by Statutory
Authorities effected the progress of the project and delay in
completion. In a meeting held on 13.06.2011, with the Statutory
Authorities and RSRTC grantor, it was decided that the project shall be
completed and no penalty shall be levied till Dec. 2011.
ii) The project cost has been estimated Rs. 72,00,00,000/- out of which Rs.
14,75,74,583/- have been spent till 31.03.2011. The expenditure
incurred has been shown in Balance Sheet under the main head Fixed
Assets and sub-head Capital Work in Progress as Intangible Asset.
The total expenditure will be amortised during the useful period taking
into account the revenue receivable for remaining useful period.
iii) Right to Lease Commercial Complex: The period of lease of right of
Commercial complex is 40 years (30 years 10 years extended period)
from the date of completion of the project. Thereafter, the Commercial
Complex will be handed over to RSRTC.
iv) a) Revenue from Advertisement, outside the building shall be 50% to
RSRTC. No Revenue sharing from Advertisement etc. inside the building.
v) Maintenance Obligations: The maintenance of Bus Terminal and Depot
is the responsibility of RSRTC. It will be Contractual obligations to
maintain the commercial complex. The actual maintenance charges will be
recovered from the occupants of the commercial complex.
13. Employee Benefits:
a) Effective from 1st January''2007, the Company adopted Accounting
Standard 15 (Revised 2005) on Employee Benefits issued by the
Institute of Chartered Accountant of India.
16. a) Current tax is calculated in accordance with the tax laws
applicable to the current financial year and accordingly charged to the
profit and loss account for the year.
17. The Company has taken various residential, office and warehouse
premises under operating lease agreements. These are generally not
non-cancellable and are renewable by mutual consent on mutually agreed
terms. There are no restrictions imposed by Lease Agreement. There are
no subleases.
18. Related Party Disclosure:
i) List of Related Parties (as ascertained by the management)
1. Parties under common control & Associates: M/s Ahlcon Parenterals
(India) Limited
M/s Tidal Securities Private Ltd.
M/s Ahlcons India Private Limited
M/s. Capricon Industrials Ltd.
M/s. Ahluwalia Builders & Development Group Pvt. Ltd.
2. Parties under Subsidiary Companies M/s. Ahlcon Ready Mix Concrete
Pvt. Ltd. M/s. Dipesh Mining Pvt. Ltd.
M/s. Jiwanjyoti Traders Pvt. Ltd. M/s. Paramount Dealcomm Pvt. Ltd.
M/s. Prem Sagar Merchants Pvt. Ltd. M/s. Splendor Distributors Pvt.
Ltd.
3. Key Management Personnels:
Mr. Bikramjit Ahluwalia Chairman & Managing Director
Mr. Shobhit Uppal Dy. Managing Director
Mr. Vikaas Ahluwalia Whole Time Director
Mrs. Sudershan Walia Whole Time Director
Mr. Vinay Pal Whole Time Director (Appointed on 14.08.2010)
4 Relative of Key Management Personnels & Relationship:
Mrs. Rohini Ahluwalia Daughter of Chairman & Managing Director
Mrs. Rachna Uppal Daughter of Chairman & Managing Director
Mrs. Mukta Ahluwalia Daughter of Chairman & Managing Director
Mrs. Pushpa Rani Sister of Chairman & Managing Director
Mrs. Ram Piari Sister of Chairman & Managing Director
Mrs. Raman Pal Mother of Whole Time Director
5. Enterprises over which key managerial personnel is able to exercise
significant influence.
Karam Chand Ahluwalia Hospital & Medical Research Society
21. The Company is having only one business segment - Construction
activities, hence no segment reporting is applicable.
22. Additional information pursuant to the provisions of paragraph 3,
4-C and 4-D of part II of Schedule VI of the Companies Act, 1956:
The company is mainly engaged in the business of construction. Keeping
in view the multifarious jobs at different sites and practical
difficulties in measuring building material, individual details with
regard to quantities of stock, production, turnover and consumption of
raw materials are not given. Also the diverse nature of contracts
undertaken by the Company and wide variety of material consumed, the
additional information has been furnished to the extent practicable. |