Annexure XIV Continued⦠- Edelweiss
Annexure XIV Continued⦠- Edelweiss
Annexure XIV Continued⦠- Edelweiss
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OUTSTANDING LITIGATION AND MATERIAL DEVELOPMENTS<br />
Except as stated below there are no outstanding litigations, suits, criminal or civil prosecutions, proceedings or<br />
tax liabilities against our Company, our Subsidiaries, Directors, Promoters and Group Companies, and there<br />
are no defaults, non-payment of statutory dues, over-dues to banks/financial institutions, defaults against<br />
banks/financial institutions, defaults in dues payable to holders of any debenture, bonds and fixed deposits and<br />
arrears of preference shares issued by our Company, defaults in creation of full security as per terms of<br />
issue/other liabilities, proceedings initiated for economic/civil/any other offences (including past cases where<br />
penalties may or may not have been awarded and irrespective of whether they are specified under paragraph (I)<br />
of Part 1 of Schedule XIII of the Companies Act) other than unclaimed liabilities of our Company or<br />
Subsidiaries and no disciplinary action has been taken by SEBI or any stock exchanges against our Company,<br />
Promoter or Directors. Unless stated to the contrary, the information provided below is as of the date of this<br />
Draft Red Herring Prospectus.<br />
I. Litigation involving our Company<br />
Outstanding litigation and proceedings initiated against our Company<br />
Criminal<br />
1. Case RC No. 124 2009 A0007 under section 120B, 420 and 406 of the Indian Penal Code read with<br />
Section 13(4) of the Prevention of Corruption Act, 1988 by Central Bureau of Investigation<br />
A case (RC 124 2009 A0007) under section 120B, 420 and, 406 of Indian Penal Code (“IPC”) and under<br />
section 13(4) of Prevention of Corruption Act, 1988 (“PCA”) was registered by the Central Bureau of<br />
Investigation (“CBI”) Bhilai Branch against our Company for the alleged pilferage of coal reported in an<br />
article published in a local newspaper. The issue in the case actually pertained to the dispatch of beneficiated<br />
coal to Suratgarh power station of Rajasthan Vidyut Utpadan Nigam Limited (“RUVNL”) instead of<br />
dispatching the same to another power station of RUVNL situated at Kota. Pursuant to the said case, a search<br />
was conducted at the Corporate Office of the Company on September 9, 2009 wherein, certain documents<br />
were obtained by the CBI from our Company. A search list detailing the documents obtained by the CBI was<br />
provided to the Company. The Company is not aware of the status of the case, other than the aforementioned<br />
search list, as it has not received any notice, intimation or documents in respect of the aforesaid case.<br />
2. Case RC No. AC2-2010-A-0002 under section 120B of the IPC read with sections 7 and 12 of the PCA<br />
by the CBI against Mr. M.P. Dixit, Chairman cum Managing Director of South Eastern Coal Field<br />
(“SECL”) and others<br />
A case (RC No. A2 2010 A0002) was registered by the CBI on May 25, 2010 under section 120B of the IPC<br />
read with section 7 and 12 of the PCA against Mr. M.P. Dixit, who was the Chairman cum Managing Director<br />
of SECL and certain other persons allegedly involved in receiving/giving illegal gratification. Our Company is<br />
not a party to this case, however, during the course of investigations against Mr. M.P. Dixit, the CBI<br />
questioned one of our Promoters, Mr. Vir Sen Sindhu and one of our employee, Mr. Naval Kishore and<br />
conducted searches at the Registered Office and Corporate Office of the Company for the alleged involvement<br />
in the payment of illegal gratification to the accused, Mr. M.P. Dixit of approximately ` 5 million. Mr Vir Sen<br />
Sindhu and Mr. Naval Kishore, vide separate orders dated October 20, 2010 were granted protection by the<br />
Special Judge, CBI, New Delhi wherein the learned judge stayed the arrest of Mr. Vir Sen Sindhu and Mr.<br />
Naval Kishore till January 25, 2011. Thereafter, vide order dated February 07, 2011 the court of Special Judge,<br />
CBI has further stayed the arrest of Mr. Vir Sen Sindhu and Mr. Naval Kishore till April 15, 2011 which has<br />
further been extended to August 18, 2011.<br />
Statutory<br />
1. Suo moto Petition No. 21/2009 (M) before the Chhattisgarh State Electricity Regulatory Commission<br />
Raipur (“Commission”) against Chhattisgarh State Power Distribution Company Limited, Chhattisgarh<br />
State Power Transmission Company Limited, our Company and others<br />
On April 15, 2009, the Commission issued a show cause notice under section 142 of Electricity Act, 2003 to<br />
Chhattisgarh State Power Distribution Company Limited, Chhattisgarh State Power Transmission Company<br />
Limited and certain companies including our Company with respect to non-compliance of the connectivity<br />
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