Annexure XIV Continued… - Edelweiss

ACTPL has received a show cause notice no C.No.CE-20/IAR/Aryan/R-II/01/RE/2011/1185/dated March 8,
2011 from the office of the Commissioner of Central Excise Commissionerate, Delhi–III, Vanijay Nikunj,
Udyog Vihar, Udyog Minar, Phase-V Gurgaon wherein a demand of approximately ` 9.7 million has been
made for alleged undervaluation of its finished goods. The Commissioner of Central Excise Commissionerate,
Delhi has further alleged that ACTPL has not followed the norms as prescribed under the Central Excise
Valuation (Determination of Price of Excisable Goods) Rules, 2000. The total amount involved in the matter is
approximately ` 10 million and the same is currently pending.
2. Show Cause notice received from Assistant Commissioner of Central Excise Division-V Shanti Niwas,
Rajiv Chowk , Sector-III , Part-II , Bawal, Rewari
ACTPL has received a show cause notice no C.No.CE-20/IAR/Aryan/R-II/01/RE/2011/1384-85 /dated March
21, 2011 from the office of the Assistant Commissioner of Central Excise, Division-V Shanti Niwas, Rajiv
Chowk, Sector-III, Part-II , Bawal, Rewari wherein a demand of approximately ` 0.3 million has been made
for the alleged wrong availment of CENVAT credit. The Assistant Commissioner of Central Excise
Commissionerate, Delhi has alleged that ACTPL has not followed the norms as prescribed under the Rule 14
of CENVAT Credit Rules 2004 read with proviso to section 11 A of the Central Excise Act, 1944. The total
amount involved in the matter is ` 0.3 million approximately and the same is currently pending.
C. Spectrum Coal and Power Limited (“SCPL”)
Outstanding litigation and proceedings initiated against SCPL
Civil
1. MCCPL v. SCPL and others
Transfer Petition No. 12 of 2010 before the Chhattisgarh High Court
MCCPL filed this transfer petition no. 12 of 2010 before the High Court of Chhattisgarh under section 24 read
with section 151 of the Code of Civil Procedure, 1908 for the transfer of civil suit no.8A/10 filed by SCPL
against SECL and others. The aforementioned civil suit was filed by SCPL to refrain SECL from allotting the
land in question to MCCPL which was leased to SCPL by SECL. The said civil suit was later on withdrawn by
the SCPL on February 09, 2011. As the civil suit no. 8A of 2010 filed before the High Court has been
withdrawn, the transfer petition filed become infructuous. On the date of this Draft Red Herring Prospectus,
the said transfer petition is currently pending.
2. SECL v. SCPL and others
Civil Revision No. 77 of 2010 before the Chhattisgarh High Court
SECL filed a civil revision no. 77 of 2010 against the order dated June 17, 2010 passed by Civil Judge, Class-2
Pali, District Korba in an application made in the civil suit no 8A/2010 between SPCL and SECL. The civil
judge rejected the application of SECL wherein it was stated that the suit no. 8A/2010 is not maintainable as
the lease agreement contains arbitration clause and suit is not valued properly. The civil suit was filed by
SCPL against SECL to refrain them from allotting land to MCCPL which was leased to SCPL by SECL. The
said suit was later on withdrawn by the SCPL. In light of the fact that the suit was withdrawn the Civil
Revision become infructous. The said civil revision petition is currently pending.
3. Samar Say v. State of Chhattisgarh and others
Suit No. 107A/07 filed before Civil Judge Class-11 Pali Tehsil Kathghora
A suit was filed by Mr. Samartai against the District Korba, Forest Range Officer, Raipur, M/s ST-BSE Coal
Washery (now known as Spectrum Coal and Power Limited) and others. The suit pertains to a piece of land
which was purchased by SCPL. The plaintiff in the suit claimed the ownership of this piece of land and has
prayed that he may be declared as the owner of this land and the purchase of land by SCPL be declared as null
and void. The suit is currently pending.
4. MCCPL v. SPCL and others
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