murablack india ltd Management discussions
MURABLACK INDIA LIMITED
ANNUAL REPORT 2005-2006
MANAGEMENT DISCUSSION AND ANALYSIS
ANNEXURE-I
MANAGEMENT DISCUSSIONS AND ANALYSIS
As you are aware, your Company was declared as a sick unit under the
provisions of Sick Industrial Companies (Special Provisions) Act, 1985 by
the Board for Industrial Finance and Reconstruction (BIFR) on 31st March
2000. BIFR had appointed Industrial Development Bank of India (IDBI) as the
operating agency to look into the revival of the Company. BIFR has
recommended winding up of the Company vide its letter no 383/99/BI dated
19th June 2003. The said BIFR recommendation to Bombay High Court to wind
up your company has been assigned number as Company Petition No. 758 of
2004 (in BIFR case 382 of 1999).The matter will now come up for hearing in
the usual course for appointment of official liquidator.
The Directors of your Company, once again take this opportunity to explain
the various steps taken for revival of your company:
* Your Company was successful in securing an international arbitration
award in its favour at the London Court of International Arbitration
(LCIA). The LCI Aaward has completely extinguished the balance payment of
SFr 5.871 Million payable under the second (ranch and also directed the
collaborators to pay damages of SFR 3,158,200 and interest thereon till the
date they make such payment. Additionally legal fees of sterling pound
225,000 were also awarded. However, till date the damages etc., as awarded,
could not be recovered from the collaborators as they have reported
bankruptcy under the Swiss Laws.
* During the year under review CEGATE has dismissed our appeal filed
against the Commissioners order no. 04A/PS-34/2002/M-III dated 27th March,
2002 adjudicating duty amount payable of Rs.197,096,699 (amount of interest
not ascertainable) the amount of differential duty, interest and penalties
payable amounting to Rs.464,054,965 (amount of interest not ascertainable).
We are exploring various options to make representation to the higher
Government authorities in the matter.
* The entire dues of ICICI were settled amicably through a One-Time
Settlement (OTS).
* Canara Bank had accepted the Companys OTS proposal and according to the
terms and conditions of the said consent terms Rs.52,00,000 Lakhs has
already been paid to Canara Bank till date. However, for non-payment of
further amounts under the OTS proposal, the same has been withdrawn by the
Canara Bank.
* Subsequent to the closure of the plant operations at Tarapur in the month
of April 2000, all the workers and the employees have been paid their final
dues as per law.
* Your Company has made several unsuccessful efforts to settle IDBI dues.
The likelihood of reviving your company has hinged upon IDBI accepting a
settlement proposal. We are quoting extracts from the proceedings of BIFR
hearing held on 18th of September 2002, which endorses the efforts
committed by the Directors of your Company to ensure revival:
The bench noted that the Company had failed because of the technical
reasons. The Plant and Machinery which was imported was defective. The
Promoters did their best to obtain relief and went for arbitration.
However, before they could execute the award issued in their favor, the
other party (the collaborator) went into liquidation. It was required that
the Banks and FIs take a hard look at the options available and take a
pragmatic view. The Paint supplied is technically defective. The recovery
prospects would be negligible if the Company went into liquidation. OTS at
87% of the distress sale value of the assets on which Government agencies
such as Income Tax and others also have a claim cannot be considered as
totally unreasonable, especially when the borrower was not a willful
defaulter.
* Subsequent to the declaration of the Company as a Sick unit, the
promoters continue to infuse funds from their personal resources, for
holding on operations, securing your Companys assets and for making
financial settlements.
FUTURE OUTLOOK:
In view of the foregoing paragraphs, the management feels that on the grant
of the expected relief and concessions from financial institutions and the
government, the activities may be revived.
CAUTIONARY STATEMENT:
Statement in the Managements Discussion and Analysis Report detailing the
companys objectives, projections, estimates, expectations or predictions
may be forward looking statements within the meaning of applicable
securities laws and regulations. These statements being based on certain
assumptions and expectation of future events, actual results can differ
materially from those expressed or implied. Important factors that could
make a difference to the companys operations include economic conditions
affecting global and domestic demand-supply conditions, finished goods
prices, changes in Government regulations and tax regime etc. The Company
assumes no responsibility in respect of forward-looking statements, which
may be revised or modified in future on the basis of subsequent
developments, information or events.