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| Notes to Accounts | Year End : Mar '09 |
(A) CONTINGENT LIABILITIES AND NOTES:
AS AT AS AT
31.3.2009 31.3.2008
Rs. Lacs Rs. Lacs
1. (a) Claims against the Company
not acknowledged as- debts
(i) Workmen (excluding
unascertainable amounts) 160.24 103.64
(ii) Others 154.09 91.89
(b) Partly paid-up Equity Shares of
Vital Chemicals Private Limited 0.08 0.08
(c) Disputed Liability for Excise, Sales-tax
matters and liquidated damages on 1103.30 991.74
Provident Fund dues (excluding interest
unascertainable and undisputed Sales Tax/
penalty demands (net of provision made of
Rs. 62.21 Lacs) of Rs. 135.16 Lacs
({Note 22(d))
(d) Bills discounted 427.32 148.59
2. Estimated amount of contracts remaining to be executed on Capital
Account Rs. 111.10 Lacs (Previous Year Rs 85.86 Las).
3. Guarantees given to Sales-tax/Excise Departments on behalf of
Companies in the same group amounts to Rs.139.42 Lacs (Previous Year
Rs.139.42 Lacs). Information regarding outstanding position is riot
available.This excludes guarantees of Rs. 109.63 Lacs (Previous year
Rs. 10S.B3 Lacs) vacated by Sales Tax Department for which guarantee
bonds. not yet received back.
4.(a)The Steel Unit is lying closed since 24th January, 1993 due to
strike/lock-out and thereafter closure was declared with effect from
24th November, 1993, as the unit was found to be unviable. The company
has not been able to obtain access to the accounting, financial and
production records of the unit necessary for updating the said books of
accounts/compiling the data to prepare the annual accounts as well as
for finalising the audit for the year ended 31st March, 1993. Even
though there have been substantial transactions subsequent to the
closure of the unit like realisation of depot sales/ dues from
debtors,rental income, payment of full & final dues to ex-employees
etc. including loans given to corporates and transfer of funds to/from
the Units, of the Company, these transactions could not be incorporated
in the annual accounts of 1992- 93 and onwards in view of pending
access to the earlier accounts viz., 1st April, 1992 to 24th January,
1993, the absence of which would leave the books still incomplete.
However, the Profit & Loss accounts for 2004-05 was incorporated during
the financial year 2004-05, for the years 2005-06 and 2001-02 to
2003-04 were incororporated during the financial year 2005-06, Profit &
Loss Account for the years 2006-07 and 1998-99 to 2000-01 have been
incorporated during the year 2006-07, Profit and Loss Account for the
years 2007-08, 1996-97 and 1997-98 have been incorporated during the
previous financial year and Profit & Loss Account for the years 2008^09
and 1993-94 to 1995-96 were incorporated during the current financial
year.(Refer Schedule 14 of Annual Accounts). As an interim measure,
Rs.26.69 Lacs (Previous year Rs. 214.07 lacs) which represents (i) Rs.
120.91 Lacs being net cumulative inter-unit debit balance on account of
transactions of other units of the company with steel unit during
01.04.1992 to 31.03.2009 (ii) Payment of unsecured loan of Rs. 45.00
Lacs {Refer Note (c) below} and (iii) net loss of Rs. 139.22 Lacs for
the years 1993-94 to 2008- 09 (before inter unit rental income, write
back of Rs. 278.95 Lacs and provision for depreciation of Rs. 649.37
Lacs)have been clubbed with current Assets of the company as on
31.03:2009 and 31.03.2008 respectively as Inter-Unit Balances pending
incorporation of (i) Annual Accounts for the period 1st April, 1992 to
31st March, 1993 and (ii) assets and liabilities including inter unit
balances arising on account of transactions for the period 1st April,
1993 to 31st March, 2009.
(b) The financial results for the years 1992-93 would be incorporated
as soon as the company is able to obtain access to/ reconstruct the
financial, accounting and production records.
(c) In view of above, as per past practice, the audited opening
balances nf Assets and Liabilities. Quantitative details contingent
liabilities and notes of the Steel Unit as on 1st April, 1992, subject
to(i) reduction of unsecured loans taken by Rs. 278.95 Lacs in view of
write back on account of one time settlement (OTS) of dues with Hong
Kong and Shanghai Banking Corporation Limited (HSBC), during the year
2004-05 and further reduction of Rs. 45.00 Lacs on account of payment
during 2005-06 of OTS to HSBC (ii) reduction of fixed assets (net) by
Rs.649.37 Lacs being depreciation provided during 1993-94 to 2008-09 on
closing balances of fixed assets as on 31st March, 1992 and (iii)
decrease in Inter-Unit balance by Rs. 184.22 Lacs which represents; (a)
the sum of net loss of Rs.139.22 Lacs for the years 1993-94 to 2008-09
(before inter-unit rental income, write back of above amount of Rs.
278.95 Lacs and provision for depreciation of Rs.649.37 Lacs) and
repayment of unsecured loan of Rs. 45.00 Lacs. The above inter-unit
balance will actually represent either net increase in assets or net
decrease in liabilities as on 31st March, 2009 over balances as on 31st
March, 1993 of the Steel unit.
(f) The Profit & Loss Accounts of Steel Unit for the years 1993- 94 to
2008-09 are subject to following notes on accounts: (i)(a) During the
year 2006-07, a One Time Settlement (OTS) dated 22nd January, 2007 has
been signed between the Company, Punjab National Bank (PNB).Shri U.K.
Modi(as Guarantor) and SBEC Sugar Limited (SSL) on the terms as
contained in the PNB letter dated 28th September, 2006. In terms of
this settlment, SSL agreed to make payment of Rs. 2810.60 Lacs
together, with interest to PNB in consideration of PNB agreeing to
assign its debt of the Steel Section of the company in favour of SSL.
SSL is making payment under the settlement in instalments for which it
has deposited post dated cheques and on completion of the payment by
SSL, PNBs claims against the steel section of the company together
with all securities and charges created, by the Company in its favour
shall stand assigned to SSL. Upon SSL completing the above payment, the
company proposes to enter into terms of settlement of this debt with
SSL. (b) As reported last year with reference to the outcomeof the
settlement with regard to the debt of IDBI Limited, Shri Umesh Kumar
Modi had stated that a settlement agreement was concluded with IDBI
Limited alongwith SBEC Bio-Energy Limited (SBEL). This settlement
agreement was in terms of IDBIs letter dated 9th February, 2007.
Against payment by SBEL to IDBI of Rs:i232.20 Lacs together with
interest from- 1st July 2006 and in consideration thereof IDBI had
agreedto assign to SBEL, all its claims, rights, securities and
charges created by the company in its favour. SBEL has completed the
payment of Rs. 1232.20 lacs along with interest to IDBI on 06th
October, 2007 and IDBI had agreed to assign all its claims (towards
principal and interest), rights against the Company and also charges
and securities created by the Company in favour of SBEL. The Company
had proposed to enter into terms of payment of this debt with SBEL.
(c) As reported last year, Shri M.K.Modi had filed Petitions being OMP
411/2007 and AA No. 287/07 in the Delhi High Court to enforce an
Agreement dated 17th November,2006 entered into with Shri Umesh Kumar
Modi. In the above mentioned Petitions, Shri M.K. Modi, interalia
claims that the OTS settlement are contrary to the aforesaid Agreement.
Shri U.K. .Modi has filed replies disputing the existence and validity
of the said Agreement. One of the shareholders of the Company has also
intervened in the proceedings pending before the High Court and the
AAIFR. These matters are still pending hearing and disposal by the High
court and the AAIFR. A,s pet SUti U.K. Modi the said settlements ate
duly approved by the Company and are in the interest of the Company.
The settlements are legal, valid and binding on all concerned. .
According to Shri M.K. Modi, the other Managing Director the said
settlements are neither legal nor binding and is without approval of
the Board. The same is also contrary to the agreement between the two
Managing Directors, the Board Resolution and the status-quo order of
AAIFR and Delhi High Court.
(d) In view of non-availablity of book balance of liabilities towards
PNB and IDBI in the books of Steel Unit of the company on account of
non-incorporation of annual accounts and balance sheets of Steel Unit
(Refer Note 4 of Schedule 15 of Annual Accounts), the difference
between OTS amounts and book balances could not be ascertained. These
liabilities will now be quantified with the assignees of PNB and IDBI
debts.
(e) No-provision of interest, amount unascertained, is required to be
made, on loans from other Financial Institutions as the existing
amounts appearing in the books of accounts of the company will be more
than sufficient in view of irt- principle-approval/ discussions being
held for one time settlement of dues with the Financial Institutions.
(ii) The impact, if any, on account of non-availability and
consequently non incorporation of audited opening balances of assets
and liabilities of the Steel Unit as on 1st April,2008; ¦
(iii) Non-provision of obsolete/damaged stocks and fixed assets, if
any, in view of non-incorporation of earlier years accounts and
non-physical verification of inventories and fixed assets as on 31st
March 2009;
(iv) Non-confirmation/reconciliation of balances of debtors, creditors,
banks, financial institutions etc. and impact, if any, on the Profit
and Loss Account;
(v) Non-provision of doubtful debts and loans & advances, amount,
unascertained;
(vi) Non-provision of impairment of Assets, if any, of the fixed assets
as per Accounting Standards (AS 28) i.e. Impairment of Assets, amount
unascertained.
(vii) Uttar Pradesh Electricity Board (UPSEB) raised various demand
notices against electricity dues and late payment surcharge amounting
to Rs. 2435.48 Lacs on the Steel unit of the Company. Thecompany filed
writ petition in Allahabad High Court challenging the said demand
notices. The Honble Allahabad Hign Court dismissed the writ petitions
filed by the Company. Accordingly, UPSEB issued recovery notices on the
Steel Unit of the Company. The company filed Special Leave Petition
(SLP) with Honble Supreme Court of India, who has granted interim stay
on 14th March, 2005 for stay of recovery by way of sale of property
which is still continuing. In view of the above and pending
incorporation of annual accounts of Steel Unit for 1992-93, no
provision is considered necessary at this stage. The above includes Rs.
396.29 Lacs for the years 1993-94 to 1995- 1996(Rs.499.50 lacs for
1996-97 and 1997-98, Rs. 220.11 Lacs for 1998-99 and 1999-2000), the
accounts of which have been incorporated during the current year.
5. Company has two subsidiaries i.e. Your Investment (India) Ltd. and
Own Investment (India) Limited. These subsidiaries are holding only
long-term unquoted investments and main objects clause of the company
was amended to restrict these companies not to acquire any fresh
investments. Further, these companies are not having any other major
assets. % Consequently, these subsidiaries are operating under severe
long term restrictions, which significantly impairs their ability to
transfer funds to the holding company. Accordingly, as permitted by
Accounting Standard 21, consolidated financial statement are not
prepared.
6. Undertakings given to Financial Institutions on behalf of Lords
Chloro Alkali .Limited, Modi Rubber Limited and Bihar Sponge Iron
Limited :
(a) To procure funds jointly/severally with other promoters to meet any
shortfall in the resources of the Company for completing their projects
and/or for working capital. The funds made available/to be made
available can only be withdrawn with the prior approval of Financial
Institutions and shall not involve any charge or lien on the assets of
the said Companies.
(b) That the Company shall not transfer, assign, .pledge, hypothecate
or otherwise dispose of in any manner its holding in their capital
without Institutions prior approval in writing.
7. Deferred Credit including liability for interest payable for
unexpired period have been guaranteed by the Bankers of the Company
against hypothecation of Gas Cylinders and Machinery purchased under
the Scheme in Steel Unit.
8. The Company has disputed the price of levy sugar fixed during the
year 1970-71 to 1974-75 and recovered an amount of Rs. 37.73 Lacs in
excess of the control price which was paid subsequently in pursuance
of Supreme Cout Order dated 22nd September, 1993. However, the company
obtained Stay order from Hon!ble- Allahabad High Court against demand
of interest made by the Food Corporation of India.
In view of the above, interest on excess realisations for the years
1970-71 to 1974-75 amounting to, Rs.132.05 Lacs upto 31st (March, 2009
(for the year Rs.2.40 Lacs) will be accounted for as expenses in the
year of receipt of final claim from the Government/disposal of the
above writ petition.
9. (a) In accordance with an Interim Order dated
27th April, 1981 of the Delhi High Court, the Company had availed
higher .quota, of free sale sugar and concessional excise duty on
provisional basis as New Unit. The consequent excess price and excise
duty realised during the period from 1980-81 to 1985-86 amounted to
Rs.879.88 Lacs and Rs. 103.43 Lacs respectively, which was included in
sales in the said period. In terms of the interim order, of the High-
Court, in the event of the Company losing the Writ Petition, it has to
replenish additional quantity of levy sugar in subsequent years to
compensate for the excess free sale sugar availed. Honble Delhi High
Court vide its order dated 28th February, 2005 decided ¦ the matter in
favour of- the Company. (b) No provision for Income-tax has been
considered necessary in respect of the. excess sale price realisation
and write back of provision for excise duty in view of favourable
decisions subsequently by various, appellate authorities and Honble
Calcutta High Court in a similar case. The Company has filed
application for reference of a question of law to the Delhi High Court
against the orders of the Income Tax Appellate Tribunal for assessment
year 1982-83. In case the Company does not succeed, there will be
additional liability including interest, which is estimated at Rs.
224.75 Lacs(previous year Rs. 224.75 Lacs) for assessment year 1982-83
against which Rs. 217.87 Lacs (Net of existing provision for Income Tax
Rs. 68.08 Lacs) paid/adjusted has been shown as amount recoverable as
on 31st March 2009.
10. (a) No provision has been made for the late payment surcharge on
Electricity Tariff increase amounting to Rs.536.34- Lacs (Previous Year
Rs.536;34 Lacs) claimed, by UPSEB since the Company (Steel Unit) had
made representation for its waiver.
(b) The U.P. State Electricity Board had raised demands against the
Steel Unit towards interest on fuel surcharge amounting to Rs.117.10
Lacs (Previous Year Rs.117.10 Lacs) consequent to the High Court
orders. During the year 1997-98 the Company, has .lost the claim in
Supreme Court. No i provision has been made in the accounts in respect
thereof.
(c) The Company has entered into an agreement with U.P. Power
Corporation Limited for its Residental Feeder SC No. 2005 on
29th-March, 2000. In pursuance of that agreement, the Company has paid
for the existing authorised occupants only after 1st July, 1998
computed prorata based on covered area of quarters occupied by the
employees.In view of the above, no provision has been made for
electricity charges of Rs.131.46 Lacs upto the period of permanant
disconnection of residential feeder SC.No. 2005 i.e. 31st May, 2001
(Previous Year Rs. 131.46 Lacs) for the unauthorised occupants and late
payment surcharge/ recovery charges amounting to Rs. 302.66- Lacs upto
31st May, 2001 (Previous Year Rs. 302.66 Lacs). In accordance with the
agreement, matter regarding waiver of late payment surcharge and
recovery charges after 1st July, 1998 will be referred to the
Government.
11. ESI Authorities had raised a demand on the Company for Rs.56.52
Lacs (upto previous year Rs.55.35 Lacs) (inclusive of interest) towards
Companys liability for ESI for the years 1968 to 1986. The demand is
disputed by the company and no provision has been made against this
liability.
12. Modinagar Municipal Committee had determined the basis/ liability
of house-tax payable by the Company for the years 1982-83 to 2006-07 at
Rs.213.98 Lacs. The said liability/ demand/basis is disputed by the
company at various levels and has deposited Rs.16.51 Lacs on account
upto 31st March, 2009. Pending final decision of the Court/settlement
and after taking into account the provision/payments already made by
the Company, there is a net liability of Rs.188.63 Lacs (upto the
previous year Rs.199.54 lacs), which has not been provided for in the
accounts.
Modinagar Municipal Committee has fixed the House Tax liability for the
financial year 2007-2012 @ Rs. 20,03,040/- per annum and accordingly
the company has paid the house tax for the financial year 2007-08 and
2008-09 during the year ended 31st March, 2009.
13. Excise Duty on uncleared manufactured finished goods and custom
duty in respect of imported goods lying in bond in respect of Steel
Unit amounting to Rs. 43.09 lacs and Rs. 24.35 lacs respectively is
accounted for as and when such goods are cleared. However, this has no
impact on the profit of the Company.
14. (a) In respect of Steel Unit, gratuity liability upto 30th,
September, 1987 amounting to Rs.84.82 Lacs has not been provided in the
books on accrual basis.
(b) The Gratuity Liability of continuing employees in Steel Unit was
being accounted for on cash basis from 1993- 94 to 2001-02. During
2002-03 past gratuity liability of continuing employees amounting to
Rs. 14.96 Lacs was provided on accrual basis computed on actual basis
and w.e.f. 2003-04, Gratuity liability is computed on actuarial basis
and provided for in the books of account.
15. The Company has not received information from vendors regarding
their status under the Micro, Small and Medium Enterprises Development
Act, 2006 and hence disclosure relating to amounts unpaid as at the
year end together with interest paid/payable, under this act. has not
been provided.
16. Government of India has issued guidelines dated 15th January 1987
which requires companies raising resources through issue of Debentures
to create a Debenture Redemption Reserve. The Company has not created
such a reserve in view of the accumulated losses.
17. During the year 2006-07, Modipon Limited (MPL), in which the
company holds investments of 7,00,000 equity shares, has sold its
Chemical Division alongwith certain, other assets to Indofil Organic
Industries Limited (IOIL) with effect from 1st October, 2006. As per
the sale agreement between MPL and IOIL, the company has received
directly 10,50,000 equity shares of (Rs. 10/- each) at a premium of Rs.
31.66 per equity share allotted by IOIL on 28th March, 2007 for
consideration otherwise than in cash.
As per a legal opinton received by the company, an amount of Rs.
437.43 Lacs being cost of shares has been shown as investments by
credit to Capital Reserve during the year 2006-07.
18. Arrears of dividend on Cumulative Preference Shares upto 31st
March, 2009 Rs. 111.51 Lacs (upto previous year Rs.105.40 Lacs).
19. No depreciation has been provided on appreciated value of
Buildings consequent to their revaluation in the books of accounts on
31st March, 1992. However, the said depreciation as and when decided to
be charged would be set off against Revaluation Reserve.
20. Consequent to the losses, theCompany had been declared a Sick
Industrial Company on. 14th March, 1991 in terms of Section 3(1)(o) of
the Sick Industrial Companies (Special Provisions) Act, 1985. Further
proceedings before the BIFR/ Appellate Authority for Industrial and
Financial Reconstruction(AAIFR) are pending. Pending final orders of
BlFR, the accounts of the company have been prepared on a going concern
basis.
21. (a) (i) BIFR in its hearing held on 13th February, 2008 directed
the company to pay Rs. 2.00 crore to Army Group Insurance
Fund(AGIF)(debenture holder) in two instalments. Based on the Companys
offer for One time settlement(OTS), the AGIF has agreed in principle to
accept principal amount of Rs. 2 crore in full and final settlemenfof
its dues towards principal amount and interest till date. The company
has sought the appropriate directions of BIFR for enabling the company
to make the payment to AGIF.whcih is pending before the Honble bench.
Pending final payment to AGIF, interest already provided in the books
of Rs.702.68 Lacs upto 31st March, 2009 will be accounted for as
revenue in the year of payment. The amount of interest not provided in
the books on above debentures of AGIF upto 31st March, 2009 amounts to
Rs. 3941.04 Lacs which is included in 00 below also.
(ii) No provision has been made for penal/delayed/ simple/compound
interest amounting to Rs.15,544-45 Lacs upto 31st March, 2009 (for the
year Rs. 2,740.37 Lacs) on term borrowings of Financial Institutions
and Debentures pending final order of BIFR.
(b) Interest payable by Vanaspati Unit of the Company to Financial
Institutions since the date of disbursement of the loan on simple rate
of interest basis amojnts to Rs. 1086.30 Lacs upto 31st March, 2009 and
the unit holds total interest provision of Rs. 732.41 Lacs as on 31st
March, 2009 resulting in the short provision of Rs. 353.89 Lacs on
simple interest basis.
(c) No provision for interest on cash credit from Bank for the period
1st October, 1997 to 31st March, 2009 i.e. after lock-out has been
made by Vanaspati Unit amounting to Rs.1718.60 Lacs (Previous Year
Rs.1436.27 Lacs) since the Unit has made representation for waiver and
also there are no operation in the account. Difference of interest
payable over books balance, if any, will be accounted for in the year
of final settlement.
(d) No provision has been made for interest/bank charges amounting to
Rs.1305.45 Lacs (for the year Rs.18(505 Lacs) in Sugar Unit, since the
said unit is. disputing these amounts.
(e) Interest on Cash Credit Account has been provided on simple basis
upto 31st January 2004 in Paint Unit. No interest is being provided in
the books after 31-01- 2004. Had the same been provided on compound
basis, the charge of interest would have been higher upto 31-03-2009.
(f) No provision has been made for interest on cash Credit amounting to
Rs. 108.52 Lacs (for the year Rs.22.94 Lacs) in Distillery Unit.
(g) Till 31st March, 2000, simple interest on matured fixed deposits
and interest upto date of maturity was provided in the books of
account. With effect from 1st April, 2000 , no provision has been made
or interest of Rs. 216.34 Lacs, upto 31st March, 2009 (for the year
Rs. 23.74 Lacs) computed as per past practice,on these fixed deposits
in view of a legal opinion received by the Company to the effect that
as per terms and conditions of Fixed Deposit Scheme, deposits do not
carry any interest beyond due dates unless these are renewed. Since
these deposits were never renewed after their due dates as such, the
question of payment of interest after due dates does not arise at all.
However, as a prudent measure, the provision made of Rs. 299.97 Lacs in
the past (net of payments) has been retained in the books of accounts
as on 31st March, 2009.
22. (a) The Vanaspati Unit had applied for Sales-tax relief/ exemption
to U.P. Government in terms of Section 4A of U.P. Sales Tax Act.
Consequent to rejection, the Company has filed a writ petition in
Lucknow Bench of Allahabad High Court and Court granted stay. Pending
disposal of the case, no provision has been made for sales-tax
Rs.2,455.78 Lacs relating to the period May, 1991 to July, 1994
(Previous Year Rs.2,45578 Lacs).
(b) The Vanaspati Unit had preferred an application for deferment of
Sales-tax with effect from July, 1994 under Section 38 of the U.P.
Sales Tax Act and the same has been rejected by the State Government.
The Company has also filed Writ Petition against the rejection and
consequent to the orders of the Court, the recovery of Sales-tax has
been kept in abeyance. Accordingly, Sales-tax amounting to Rs.440.46
Lacs (previous year Rs. 441.05 Lacs) relating to the period August,
1994 to March, 1996 has not been deposited with the authorities.
The above writ petition filed by the company was listed for hearing on
2nd May, 2008 at High Court, Lucknow Bench. The Company had filed an
affidavit with the court that BIFR had passed an order dated 26th
March, 2008 by virtue of which the Bench permitted the Commercial tax
Department, Government of U.P. to recover its outstanding dues, due
after 30th June, 2007. The Company had also stated in the said
affidavit that the Honbie Supreme Court of India had affirmed the
order of the BIFR and therefore in view of the said orders of BIFR as
affirmed by the Honble Supreme Court, the said Writ Petition may be
dismissed as infructuous. Accordingly The High Court, Lucknow Bench
has dismissed the said writ petition as infructuous.
(c) In accordance with the scheme announced by UP. Government
regarding Waiver of interest & penalty on sales Tax, the Distillery
Unit of the Company has paid and provided interest during 2005-06 of
Rs. 54.77 Lacs i.e. 10% of the total interest as per the scheme. No
dues certificate of sales tax authorities is awaited.
(d) Trade Tax Department had issued the recovery Notice amounting to
Rs. 910.96 Lacs. The Company had filed a writ petition before Honble
High Court at Allahabad against the RC issued by Trade Tax Department.
The Honble High Court dismissed our writ and the permission granted to
the department for recovery. The Company has filed a SLP before Honble
Supreme Court against the order of Honble High Court Allahabad.
Honble Supreme Court had passed order that Trade Tax Department take
the permission for recovery from BIFR. BIFR had issued a order on
26-03-2008. Therefore, the Bench permits the . Commercial Tax
Department, Government of Uttar Pradesh to recover its outstanding
dues, due after 30-06-2007 i.e the cut off date given by the BIFR vide
its final order dated 12-03-2007 regarding preparation of
rehabilitation scheme. The Supreme Court had affirmed the order of
BIFR.
24. The Distillery Unit declared cessation and lock out of the Unit
with effect from 19th December, 1991 and 5th January, 1992
respectively. The lockout has since been lifted. The U.P. Government,
suo moto, has referred the matter to the Industrial Tribunal to decide
the legality of the lockout. Pending final decision, no provision has
been made for wages Rs. 27.46 Lacs for the lockout period.
25. Interest expenses on fixed loans Rs. 484.73 Lacs (Previous Year
Rs. 219.57 Lacs ) and oh others Rs. 66.33 Lacs (Previous Year Rs.
26.75 Lacs).
26. Income and Expenditure pertaining to previous year included under
relevant heads amounts to Rs. 11.47 Lacs and Rs. 16.74 Lacs
(Administration & Selling Rs. 8.30 Lacs, Interest Rs.- 6.15 Lacs,
Personnel Rs. ¦ 0.22 Lacs, Returns, Rebates & Discount Rs.1.47 Lacs,
Mfg.& Others Rs. 0.60 Lacs) respectively.
27. (a)Prdvision/payments (including value of perquisites) has been
made to Managing Directors for the remuneration of Rs. 80.68 Lacs in
terms of shareholders resolution, which is subject to approval of the
Financial Institutions-.
(b) The remineratiori w.e.f. 1st October, 2008 of Dr. Mahendra Kumar
Modi, managing Director, is subject to the approval of-Central
Government. Pending approval, as per the legal advice obtained, the
company nas made payment amounting to Rs. 5.63 lacs towards
Remuneration for the period 1st October, 2008 to 31st March, 2009 as
the approval of the Shareholders. Further, an undertaking has been
obtained from the Managing Director stating that in the event the
Central Government not according its approval or approving lower
remuneration then the excess amount paid, if any, shall be refunded to
the company and till the approval is accorded by the Central
Government, the amount received will be held in trust for the company.
28. No provision has been made for Earned Leaves for Steel Unit- upto
1991-92, amount unascertained.
29. There has been diminution, other than temporary, of Rs. 80.00 Lacs
as on 31st, March, 2009 (Previous year Rs. 80.00 Lacs) in the value of
one of its investments in Group companies. However, being long term
investment, this is valued at cost with no provision made for fall in
market value. This investment is considered staretegic investment and
also having long term involvement with above company, no provision is
considered necessary since the decline is also not permanent in nature.
30.(a)Punjab National Bank(PNB) had, prior to the One Time
Settlement(OTS)concluded and referred to in Note No.4(f)(i)(a),
instituted suit for recovery of its dues of Rs. 36.63 crores against
the Company and Others in the Debt Recovery Tribunal(DRT), Delhi.
Pursuant to the OTS concluded as aforesaid on 22-01-2007 the Debt
Recovery Appellate Tribunal(DRAT), New Delhi vide their order dated 6th
February, 2007, had directed the Debts Recovery Tribunal to dispose off
the case in terms of the said OTS. Further proceedings in that
connection are pending.
(b) Allahabad *Bank had filed a recovery suit for recovery of Rs. 21.41
Crores against Modi Industries Limited and others before the Debts
Recovery Tribunal(DRT), Lucknow, in April, 2005. The Company challenged
the recovery suit on the grounds that bank required prior permission
under section 22(1) of the Sick Industrial Companies(Special Provisions)
Act, 1985 for filing recovery suit. Debts Recovery Tribunal, Lucknow
allowed continuation of recovery suit against which company filed appeal
with Debts Recovery Appellate Tribunal(DRAT), Allahabad. The Debts
Recovery Appellate Tribunal had stayed further proceedings by Debts
Recovery Tribunal in the matter. A writ petition was filed by the
Company before the Lucknow bench of Allahabad High Court challenging the
orders of the DRT, Lucknow and DRAT Allahabad. The Lucknow bench of
Allahabad High Court noting the contention of the Company has disposed
off the Writ Petition by its order dated 18th July, 2008. The Company has
filed review petition against the said order seeking the quashing of the
Allahabad Banks suit before the DRT.
31. IFCI had filed a suit against Modi Industries Limited and others
for recovery of its dues amounting to Rs. 22.41 Crores in Debts
Recovery Tribunal, Delhi. The Debts Recovery Tribunal vide its order
dated 11th December, 2006 dismissed the recovery suit filed by IFCI on
the grounds that IFCI had no valid authority from Board for Industrial
and Financial Reconstruction(BIFR) for instituting the recovery suit.
IFCI has filed a Writ Petition in Honble Delhi High Court against
order of Debts Recovery Appellate TribunaltDRAT). Further proceedings
in the matter are pending.
32. Previous years figures have been regrouped wherever necessary.
33. No confirmation letters were sent to debtors/creditors and to
parties who have discounted sale bills. In the absence of such
confirmations, the balances in respect of Sundry Debtors/ Creditors,
Bills discounted^ Contingent Liability), Loans taken/ given and
Advances and other accounts are taken as shown by the boote of accounts
and are subject to adjustments and reconciliation, if any.
35. Delhi Excise Authorities issued Show Cause Notices and raised
demand for Rs. 167.43 Lacs towards Risk-Purchase of Country Liquor in
view of non-supply of the same by Distillery Unit of the Company.
Company has disputed the above demand and a Writ Petition was filed
before the Honble Delhi High Court who ordered case to be referred
back to Collector of Excise for taking final decision. The Collector of
Excise vide its order dated 27th June, 2003 has confirmed the above
demand against which the company has filed a writ petition before the
Honble Delhi High Court. On thebasis of orders of Honble Delhi High
Court, the company deposited Rs. 50.00 Lacs till date against the above
demand. No provision is considered necessary at this stage since the
matter is sub- judice.
36. As on 31st March, 2009, there were 171 Public Deposits amounting
to Rs. 8.63 Lacs which have remained unclaimed and unpaid for a period
of more than seven years and interest accrued but not paid on these
unclaimed deposits till the date of maturity amounts to Rs. 2.62 Lacs.
Details of unclaimed and unpaid debentures for a period of more than
seven years are presently not available.
The Company has filed a return dated 14th June, 2002 with the Registrar
of Companies duly certified by practicing Company Secretary stating
that the Company is a Sick Industrial Company as per orders of BIFR
dated 14th March,1991 and rehabilitation proposal for payment in
respect of debentures and fixed deposits etc. is pending before the
IDBI (as the operating agency)/BIFR for consideration. The Company will
pay/ credit the amount as per final orders of BIFR. Accordingly, no
amount was credited/ paid to Investors Education and Protection Fund
till date.
Excludes Loss of Steel Unit for the period 1993-94 to 1995-96
incorporated during the current year and for the period 1996-97 tand
1997-98 incorporated during the previous year.
37. Till 31-03-2009 Certain Quarters of the Company are occupied
unauthorisedly by ex-employees/outsiders. The company has entered into
Agreement to Sell for 215 (Previous Year 150) including 65 (previous
year 12) registered agreements entered into during the current year,
such residential quarters with such parties. Sale consideration
amounting to Rs. 504.50 Lacs (Prevoius Year Rs. 325.97 Lacs) has been
received as interest free advance/ These agreements clearly
stipulates that final sale of such quarters are subject to approval of
Financial Institutions to whom these quarters have been mortgaged and
the company proposes to seek the same before affecting final sale of
such quarters. Accordingly the sale of such quarters will be accounted
for only on receipt of approval of financial Institutions. Further the
Company has been legally advised that it can enter into such
Agreements to Sell.
38. (a)The Steel unit of the company has entered into few leases,
including perpetual leases, agreements for certain portion of the
factory land and building(11105.35 Sq.Mtrs.) for which approval of
financial institution, to whom the factory land and buildings are
mortgaged, is yet to be obtained. However, the company has been legally
advised that it can enter into such lease agreements. Further, the
lease money has mainly been utilised for payment of workers dues.
(b)The company has entered into a perpetual lease agreement for certain
portion of closed Soap factory, land & building(1584 sq. mtrs) to a
related party. As the said land and building is mortgaged with the
financiai institutions therefore the company had sought the approval of
IDBI Limited (the lead financial institution) to ine said transaction
vide its letter dated 6th September, 2006. Since IDBI Limited did not
respond, therefore the Company again wrote a letter to IDBI Limited on
5th April, 2007 requesting for its approval to the said transaction.
The company in the letter under reference also mentioned that if IDBI
does not respond to the companys request, it will be deemed that the
companys request has been approved by IDBI Limited and the company
will go ahead with the said leasing agreement. The IDBI has so far not
responded to the companys letter.
39.(a) Recovery Certificate (RC) was issuedon 1st May, 2004 on account
of non-payment of cane price / commission / interest due to
Co-operative societies. The Honble High Court has stayed therecovery
proceedings against the company subject to payment of dues upto 31st
July, 2004. The Company has complied with the conditions regarding
payment of cane price and commission on basic SMP upto 31st July, 2004.
However, the company hasdisputed the payment of interest of Rs. 142.00
Lacs and recoverycharges of Rs. 236.00 Lacs in the Honble Allahabad
High Court which is still pending. On consideration of prudence,
thecompany has made provision for interest of Rs.142.00 Lacs during the
year 2004-05.
(b) Recovery Certificate (RC) was issued on 10th August, 2007 on
account of non payment of cane price/commission/interest due to
Co-operative societies for the sugar season 2006-07. The above RC also
includes interest of Rs. 340.66 Lacs upto 7th August, 2007 on cane
price/ commission payable to.societies and recovery charges of Rs.
426.95 Lacs which has not been provided for in the books of account. As
per the Interim Order dated 27th February, 2008 of Honble Supreme
Court, there shall not be any recovery charges or interest for delayed
payment at this stage.
(c) Recovery Certificate (RC) was issued on 18th March, 2008 on account
of non paymeny of cane price/ commission /interest due to co-operative
societies for the sugar season 2007-08.The above RC also includes
interest of Rs. 77.37 Lacs upto 15th March, 2008 on cane
price/commission payable to societies and recovery charges of Rs. 413.
50 lacs which has not been provided for in the books of account. •
40. The Company, in compliance of the interim order of the Lucknow
bench of Honble Allahabad High Court dated 15th November, 2007 and
subsequently confirmed by Honble Supreme Court vide its order dated
15th May, 2008 has paid cane price of Rs. 110/- per Qtl. for the
crushing season 2007-08 and has accordingly accounted for the
liability. The Lucknow bench of Honble Allahabad High Court by a
subsequent order dated 7th July, 2008 upheld the validity of State
Advised Price) Rs. 130/- per qtl. for Early variety and Rs.125/- per
qtl.. for. General variety) fixed by State Government. Aggrieved by the
said order, the company has filed Special Leave Petition with Honble
Supreme Court. The differential liability of the sugar cane price of
Rs. 848.12 lacs(Previous Year Rs. 741.70 Lacs) for sugar season
2007-08, if so ordered, will be accounted for in ¦the books at the time
of final disposal of the matter by the Honble Supreme Court.
41. In the previous year, As a result of the government policy
governing the sale of country liquor w.e.f. 01-07- 2007, the company is
required to route the sale through the authorised licensee appointed by
the state government. In view of the above the Distillery Unit sold
liquor of Rs. 64.82 Crores (5372 K.L.) to authorised licensee and then
purchased 4912 K.L. as trading goods for Rs 59:72 Crores which were
then resold as trading goods for Rs 62.02 Crores(4912K.L.). In the
current year this policy was abondoned by the government w.e.f.
01-04-2008. Accordingly, current year figures are not comparable with
the previous year figures.
42. Hitherto the closing stock of raw-materials and stores in Gas
Units were valued at moving average method basis. During the current
year, due to change in software i.e. from Enterprice Resources Planning
Solution to Fox Pro, the same has been valued at yearly weighted
average cost method. Impact on Loss of the company on account of change
in the method of valuation has not been ascertained.
43. The Sugar Unit of the Company has discounted sales bills raised on
SBEC Sugar Limited amounting to Rs. 1789.95 Lacs during the current
year from certain persons/ limited companies etc. and the same (net of
discounting charges) has been credited to the account • of SBEC Sugar
Limited. The above includes Rs. 1267.62 Lacs being bills discounted
from individual persons/ HUF/Firms. Balance outstanding of bills
discounted as on 31st March, 2009 amounts to Rs. 278.73 Lacs (paid
fully subsequently by the drawees) and has been shown in Note1(d) of
Schedule 15 of Annual Accounts as Bills Discounting.
44. The following are the particulars of dues on account of sales tax,
excise duty, income tax and others as at 31st March, 2009 that have
been disputed by the Company in appeals pending before appellate
authorities.
45. SEGMENT REPORTING
(i) The Management has identified five reportable Business Segments for
The current year namely: Sugar comprising Of Cane Sugar, Gas comprising
of Gases, Distillery comprising of Liquors, ana-Spirit, Paint
comprising of Paints and Varnish, Electrodes comprising of Welding
Electrodes (ii) The Vanaspati unit of the company, which is lying
closed since.2003, has not been treated as business segment, (iii) The
Steel Unit is lying closed since 24th January,1993 due to strike/
lock-out. In the meanwhile, opening balances (Assets and Liabilities)
of the^units as on 01st April,1992 subject to certain modifications as
per Note 4(c) of Schedule 15 have been incorporated as Assets &
Liabilities of Steel Unit. (Refer Note 4 of Schedule 15)
46. As required under Section 293(1 )(d) of the Companies Act 1956,
the shareholders of the company in their meeting held on 18th November,
1989 authorised Board of Directors of-the company to borrow money upto
Rs. 50 crores. During the current year, the maximum borrowings of the
company were Rs.61.10 crore which are in excess of the limits of
Rs.50.00 crores as stated above and the excess is subject to
ratification by the shareholders.
47. RELATED PARTIES DISCLOSURE
01 Entities under the Control of the Company: Subsidiaries: Own
Investment (India) Limited. Your Investment (India) Limited.
02 Key Management Personnel:
Shri Mahendra Kumar Modi Managing Director
Shri Umesh Kumar Modi Managing Director
03 Other Related parties with whom the Company had transactions etc.
Enterprises over which the key Management Personnel and their relatives
are able to exercise significant influence:
Modipon Limited Bihar Sponge Iron Limited SBEC Sugar Limited
Morgardshammar India Ltd. Modi Mundipharma Pvt. Ltd. Win-Medicare
-Pvt. Limited
Modi Motors Pvt. Ltd. SBEC Bio Energy Ltd. Modi Line Travel Services
Pvt. Ltd.
Modi Revlon Pvt. Ltd. H.M. Tubes & Containers Pvt. Ltd. Modi
Senator (I) Pvt. Ltd.
Ashoka Merchantile Limited Weld Excel India Limited A to Z Holding Ltd. |
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| Source : Dion Global Solutions Limited | |
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