(I) Contingent Liabilities not provided for in respect of (including
interest up to the date of Demand/claim):
a) Claims against the Company not acknowledged as debts (excluding
claims where amounts not Ascertainable / the cases where the
possibility of any outflow on settlement / decision is remote)
(b) Pledge of shares (Investment) for borrowing by an associate 248.74
248.74
(c) Arrears of Preference Shares dividend (Including dividend 233.43
206.59 tax)
(d) In respect of other matters under litigation (including Not
ascertainable workmen claims pending at different stages.)
(e) Interest /Compound interest /penalty on delayed /non Not
ascertainable payment of statutory dues / Trade payables / Promoters'
contribution / Loan from secured and unsecured lenders.
* By certain notifications issued by Government of Maharashtra, the
water charges payable by the Company were sought to be enhanced by the
Government of Maharashtra from 1991. The Company approached the Court,
disputing such enhancement on the premise of non-applicability of the
notification and/or classification to the Company, the matter is
pending in the court. During the proceeding before Hon. Bombay High
Court, the Company was interalia directed to give non disposal
undertaking for the immovable property of the Company including 103
acres of land (excluding the surplus 345 acres land), buildings and
plant & machinery, which were complied with. The water charges as
sought to be enhanced has been disclosed in contingent liability
accordingly.
The Company's pending litigations comprise claims mainly against the
Company and proceedings pending with tax and other authorities. The
Company has reviewed all its pending litigations and proceedings and
has made provisions to the extent ascertainable, wherever required and
disclosed in the contingent liabilities, wherever applicable, in its fi
nancial statements. The Company does not reasonably expect the outcome
of these proceedings to have a material impact on its financial
statement
III) Disclosure in respect of Operating Leases:
(a) The Company has taken and also given various commercial premises
under cancellable Operating Leases. The Lease Agreements are usually
renewable by mutual consent on mutually agreeable terms.
**The premises of Registered office of the Company was taken on lease
from a Nationalised Bank for which the bank has filed a Eviction suit
and demanded a mesne profit of Rs.529.43 lacs (Previous year
Rs.(529.43 lacs included in the notes 19(1)(a)(5) . The High Court has
ordered for vacation of the premises for which Company filed a
petition in Supreme Court. The Hon Supreme Court upheld the Hon. High
Court Order and accordingly Company vacated the Premises. The Company
has challenged the vacation and, also the liability of mesne profit in
Court, which is pending and accordingly the amount of mesne profit is
not provided in books but included in contingent liability.
(b) The rental expense in respect of Operating Leases is charged as
rent under Note 17. The rental income is included in other income.
1) Rehabilitation Scheme and Sale of Land:
a) Board For Industrial and Financial Reconstruction (BIFR) in its
order dated 4th January, 2013,clarified that the status of land has
already been decided by BIFR in its order dated 16.07.2009 and directed
the Operating Agency (OA) to expedite submission and circulation of
Draft Rehabilitation Scheme (DRS), based on the parameters given in the
BIFR order dated 16-07-2009. The said BIFR order was challenged before
Appellate Authority for Industrial and Financial Reconstruction
(AAIFR). The AAIFR vide ex-party order dated 20th March, 2013 directed
the BIFR to give clear parameters to OA for preparation of DRS. As the
Company being of the view that clear parameters has already been laid
down in BIFR order dated 16.07.2009, has filed a writ petition in
Honourable High Court against the above said AAIFR order, which has
since been disposed off , as the said order did not decide the issue of
locus of the party. In the meanwhile the BIFR vide its order dated
22.01.2014, directed the OA to explore possibility of amicable
understanding between the parties on disposal of surplus land. The
labour Union has also filed a writ petition in Hon. Bombay high Court,
seeking formulation of Draft Rehabilatations Scheme (DRS) in time bound
manner and instruction in early disposal of surplus land, which is
pending. The OA has yet to file DRS.
(b) The Company has received Rs. 7425.92 Lacs (Previous Year Rs 7425.92
lacs) from a developer, towards advance against sale of land. out of
which Rs.2450 Lacs (Previous Year Rs 2450 lacs) are deposited and lying
in no lien account, which can be utilised only in accordance with the
directions of BIFR/Court, as and when given.
2) There was no manufacturing operation during the year. The lockout
declared by Company w.e.f. 15th November, 2009 is continue to be in
force; Labour Union challenged the Lockout, which is pending at
Industrial Court, and the consequent liabilities if any is not
ascertainable.
3) (a) Pending submission and sanction of DRS, these Financial
Statements have been prepared on a going concern basis.
(b) In view of suspension of manufacturing operations, pending
submission and sanction of DRS, the impairment loss on assets if any,
as required by Accounting Standard 28, has not been dealt with in these
Financial Statements.
4) The remuneration amounting to Rs 142.10 lacs (Previous Year Rs
142.10 lacs) paid to the Managing Director for the period from
December, 2008 to January, 2011 was not approved by central government.
The Company has applied to central government for the waiver of the
same and is hopeful of getting the same in due course.
5) (a) Confirmation / reconciliation of balances of certain Banks,
Loans & Advances, Other non- current assets, Trade Payables, Other
liabilities and Lenders are also not available. However, necessary
action in this regard is already initiated and on receipt of the same,
will be reviewed by the Company. Consequential adjustments arising
thereon, which are presently not ascertainable, will be made.
(b) During the year, due to severe financial crunch, Company was not
regular in payment of statutory dues. Since the Company is under BIFR,
the interest / installments to Lenders / penalty etc on delayed / non
payment to certain trade payable / promoters' contribution / Loan from
secured and unsecured lenders and statutory dues are not provided for
and shall be appropriately considered if required on sanction of DRS.
6. Land and Buildings of the Company were re-valued as on 31st
December, 1984 on market value / replacement cost basis using Standard
indices as assessed by the approved valuer. Further the land was again
re-valued on 31st March, 2005 and 25th January, 2006 considering their
present market prices as per valuation report submitted by the approved
valuer appointed for the purpose. The revaluations of March, 2005 and
January, 2006 have resulted in a net increase in the book value by
Rs.8355.89 lacs, and Rs.4450 lacs, respectively. The total increase as
a result of these revaluations was transferred to Revaluation Reserve
in the respective years.
7. Deferred Tax Assets / (Liabilities)
As a matter of prudence due to continuous losses deferred tax assets
has not been recognised for the current year and earlier years.
8 Related party Disclosure pursuant to Accounting Standard - 18
a) Associates / Group Companies and Key Management personal with whom
the Company has entered into transactions during the period:
i) ISG Traders Ltd, Kavita Marketing Private Limited, Shubh Shanti
Services Limited (SSSL) and Duncan Industries Limited (Associates).
ii) Mr.. Arun Jain Managing Director.
* Amount provided for Managerial remuneration which excludes gratuity
and leave entitlement.
** Being an unsecured loan advanced to the Company by a body Corporate
now assigned to SSSL.
b) Related parties have been identified by the Management and relied
upon by the auditors
c) No amount in respect of related parties have been written
off/written back / provided for during the year.
9. During the year, arising out of the suspension of production for a
considerable time, the management has further carried out a thorough
review (both qualitative and quantitative) of the potential realisable
value of certain assets in a prudent manner. Accordingly, the following
provisions/ write-offs have been made, as considered appropriate by the
management, in the light of the changed prevailing scenario as a matter
of abundant caution. :
The Company has compiled the above information based on available
information from suppliers as at the year end, as most of the supplier
has not intimated the Company about its status as a Micro or Small and
Medium Enterprise Development Act, 2006. No interest is likely to be
paid to unsecured Trade payables under the DRS as referred in note no.
19( 6)(b) above and hence, no interest liability on the above category
of creditors is provided / disclosed.
10. Consequent to the enactment of the Companies Act, 2013 ( the Act )
and its applicability for accounting periods commencing from April 1,
2014, the Company has realigned the remaining useful life of its
tangible assets in accordance with the provisions under Schedule II to
the Act. Consequently, in case of tangible assets which completed their
useful life, the carrying value (net of residual value) as at April1,
2014 amounting to Rs.6,347.75 lacs (net of revaluation reserve on
building of Rs 1,443.16 lacs) has been adjusted to the accumulated
balance of retained earnings (deficit) and in case of other assets
carrying value (net of residual value) is being depreciated over the
revised remaining useful lives. Accordingly, the depreciation expense
for the year is lower by Rs. 1,190.19 lacs as compared to the previous
year.
11. Previous year's figures have been regrouped / rearranged wherever
necessary to conform to the current year's presentation.
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