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RED HERRING PROSPECTUS Dated August 24 ... - Globus Spirits

RED HERRING PROSPECTUS Dated August 24 ... - Globus Spirits

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Defence Services. Thus, the brand will have the requisite presence in the CSD market as<br />

well. The Company plans to simultaneously make its presence felt in the civil market too.<br />

14. The Company lacks adequate distribution network for its products in the IMFL<br />

segment<br />

Inability to create a credible distribution channel will hamper the Company’s ability to push<br />

its products aggressively to its target consumers thereby slowing the pace of its business<br />

growth.<br />

Management Perception<br />

In Haryana, Rajasthan, Chandigarh and Uttar Pradesh the distribution network/channel that<br />

has been developed for Country Liquor is proposed to be used for IMFL products. In<br />

Karnataka, Kerala and Andhra Pradesh, the Company is distributing its products through<br />

distributors who are well acquainted with the IMFL market. In CSD supplies, as an<br />

established CSD registered brand is proposed to be acquired, no additional expenditure for<br />

promotions is likely to be required. In the civil market, a new IMFL team is being built to set<br />

in place a marketing distribution network.<br />

15. The Company is involved in the following legal proceedings:<br />

The Company is involved in certain civil, regulatory and other proceedings. These legal<br />

proceedings are pending at different levels of adjudication before various courts and<br />

tribunals. Should any new developments arise, such as a change in Indian law or rulings<br />

against the Company by trial or appellate courts or tribunals, the Company may need to<br />

make provisions in its financial statements, which could increase its expenses and its current<br />

liabilities. The Company can give no assurance that these legal proceedings will be decided<br />

in its favour. Any adverse decision may have a significant effect on its business and results<br />

of operations.<br />

A classification of the legal proceedings instituted against the Company and the<br />

monetary amount involved in these cases is given in the following table:<br />

Type of Litigation<br />

Writ Petitions against<br />

the amendment of<br />

the Excise and liquor<br />

sourcing policy<br />

implemented by<br />

State of Rajasthan<br />

(1st Case)<br />

Amount<br />

Involved<br />

(Rs. in lakhs)<br />

Not quantifiable<br />

Status<br />

The petitioners have filed the writ petition<br />

against the amendment of the excise and<br />

liquor sourcing policy for the Year 2005-06<br />

and 2006-07 implemented by the State of<br />

Rajasthan whereby a licensee of country<br />

liquor is compulsorily required to obtain his<br />

requirement of liquor from the Respondents<br />

distilleries, and the fact that only three<br />

private distilleries (one of them being<br />

<strong>Globus</strong>) and the government distillery were<br />

permitted to obtain rectified spirit from<br />

outside the state of Rajasthan and none<br />

else. The Petitioners claim is that the policy<br />

is arbitrary and clearly aims at creating a<br />

monopoly in favour of the Respondents.<br />

Pending for final hearing. Date to be fixed<br />

later on. As per the information available online<br />

on the website of Hon’ble Rajasthan<br />

High Court, notice has been issued on April<br />

23, 2009, however, the same and/or its<br />

service is incomplete.<br />

Writ Petitions against<br />

the amendment of<br />

Not quantifiable<br />

The petitioners have filed the writ petition<br />

against the amendment of the excise and<br />

xv

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