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

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

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protest. In case<br />

of an adverse<br />

decision in the<br />

matter, the<br />

Company will<br />

loose the amount<br />

of duty paid.<br />

Recovery Suit Rs. 5,16,045<br />

plus interest @<br />

<strong>24</strong>% p.a. on the<br />

above amount<br />

from the date<br />

the sum became<br />

payable to the<br />

Company.<br />

The Company<br />

has already<br />

made all the<br />

payments for<br />

which it has<br />

claimed refund.<br />

The Company<br />

will suffer loss of<br />

the amount<br />

(being claimed<br />

as refund) not<br />

paid by the<br />

Respondents.<br />

Revision Suit The Company<br />

has already<br />

made the entire<br />

demand of sales<br />

tax as due. If the<br />

case is decided<br />

against the<br />

Company, the<br />

Company would<br />

not get refund of<br />

the said amount.<br />

A claim petition was filed by the Company<br />

against Rajasthan State Ganganagar Sugar<br />

Mill (RSGSM) for refund of the amount<br />

deducted by RSGSM for delay in the supply<br />

of goods as liquidated damages, Permit fee<br />

and on account of shortfall in increased rates<br />

effected after increase in the excise duty for<br />

Rectified Spirit. The case was heard by a<br />

Sole Arbitrator appointed by the Director in<br />

charge of RSGSM who announced his award<br />

on 13.4.2006 rejecting all the claims of the<br />

Company.<br />

The application of the Company u/s 34 of<br />

the Arbitration and Conciliation Act for<br />

setting aside the award which was pending<br />

for final hearing before the Court of District<br />

and Sessions Judge, Jaipur City has been<br />

transferred to the Court of Additional District<br />

Judge No.1 on March 20, 2009. On March<br />

20, 2009, record of the matter from the Sole<br />

Arbitrator was ordered to be called for and<br />

the matter was fixed for hearing on <strong>August</strong><br />

1, 2009. Since on <strong>August</strong> 1, 2009, the<br />

record from the Sole Arbitrator was not<br />

available, the Court did not pass any order<br />

and fixed the next date of hearing on<br />

October 31, 2009.<br />

The matter was listed on April 05, 2006<br />

wherein the Hon’ble Rajasthan High Court,<br />

Jaipur issued notice to the Respondents.<br />

Subsequently, the matter was listed for<br />

placing additional documents on record and<br />

the same was allowed by the Court. Again<br />

on <strong>August</strong> 13, 2007, arguments took place<br />

and as no specific counter to the additional<br />

documents were filed by the Department,<br />

the Company sought time to file counter to<br />

the additional document. Subsequently, the<br />

matter was listed on various occasions but<br />

no effective hearing took place in the<br />

matter. The matter is now listed for hearing<br />

on <strong>August</strong> <strong>24</strong>, 2009 as per the tentative list<br />

of the registry.<br />

A classification of the legal proceedings instituted against Associated Distilleries<br />

Limited, a group company and the monetary amount involved in these cases is<br />

given in the following table:<br />

Type of Litigation<br />

Cess Payments etc &<br />

Other Government<br />

Departments<br />

Amount Involved Status<br />

(Rs. in lakhs)<br />

1,65,750/- a. Next hearing is fixed on<br />

November 10, 2009 for<br />

evidence of HSPCB.<br />

b. Next hearing is fixed on<br />

xvii

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