p) Provisions, contingent liabilities and contingent asset Provisions
Provisions are recognised when the Company has a present obligation (legal or constructive) as a result of a past event and it is probable that an outflow of resources embodying economic benefits will be required to settle the obligation and a reliable estimate can be made of the amount of the obligation.
Provisions are discounted, if the effect of the time value of money is material, using pre-tax rates that reflects the risks specific to the liability. When discounting is used, an increase in the provisions due to the passage of time is recognised as finance cost. These provisions are reviewed at each Balance Sheet date and adjusted to reflect the current best estimates.
Necessary provision for doubtful debts, claims, etc., are made if realisation of money is doubtful in the judgement of the management.
Contingent liability
A contingent liability is a possible obligation that arises from past events whose existence will be confirmed by the occurrence or non-occurrence of one or more uncertain future events beyond the control of the company or a present obligation that is not recognized because it is not probable that an outflow of resources will be required to settle the obligation. A contingent liability also arises in extremely rare cases where there is a liability that cannot be recognized because it cannot be measured reliably. Contingent liabilities are disclosed separately.
Show cause notices issued by various Government authorities are considered for evaluation of contingent liabilities only when converted into demand.
Contingent assets
Where an inflow of economic benefits is probable, the Company discloses a brief description of the nature of the contingent assets at the end of the reporting period, and, where practicable, an estimate of their financial effect. Contingent assets are disclosed but not recognised in the financial statements.
q) Cash and cash equivalents
Cash comprises cash in hand and demand deposits with banks. Cash equivalents are short-term balances with original maturity of less than 3 months, highly liquid investments that are readily convertible into cash, which are subject to insignificant risk of changes in value.
r) Cash Flow Statement
Cash flows are presented using indirect method, whereby profit/ (loss) before tax is adjusted for the effects of transactions of non-cash nature and any deferrals or accruals of past or future cash receipts or payments.
Bank borrowings are generally considered to be financing activities. However, where bank overdrafts which are repayable on demand form an integral part of an entity's cash management, bank overdrafts are included as a component of cash and cash equivalents for the purpose of Cash flow statement.
s) Earnings per share
The basic earnings per share are computed by dividing the net profit for the period attributable to equity shareholders by the weighted average number of equity shares outstanding during the period.
Diluted EPS is computed by dividing the net profit after tax by the weighted average number of equity shares considered for deriving basic EPS and also weighted average number of equity shares that could have been issued upon conversion of all dilutive potential equity shares. Dilutive potential equity shares are deemed converted as of the beginning of the period, unless issued at a later date. Dilutive potential equity shares are determined independently for each period presented. The number of equity shares and potentially dilutive equity shares are adjusted for bonus shares, as appropriate.
41 Operating Segments
The Company's operations predominantly relate to manufacture of Sugar, Co-generation of Power and production of Industrial Alcohol. Other business segments reported are Distillery and Power. Sugar segment includes molasses and other by-products. Segment Revenue, Segment Results, Segment Assets and Segment Liabilities include the respective amounts identifiable to each of the segment as also amounts allocated on a reasonable basis.
The expenses, which are not directly attributable to the business segment, are shown as unallocated corporate cost. Assets and Liabilities that cannot be allocated between the segments are shown as part of unallocated corporate assets and liabilities respectively.
Inter Segment Transfer Pricing Policy - (i) The molasses supplied to Distillery segment is based on average market price. (ii) Power used by other segments is based on 90% of the market price.
* includes loans recalled and classified as repayable on demand in the financials. Figures in brackets represent previous year numbers.
The Promoters and group companies have pledged 93,80,794 equity shares of the Company to the Banks/ Financial Institutions on pari-passu basis for the facilities availed by the Company including working capital facilities. In addition, the Company has pledged 16,51,374 shares of the associates with the ICICI Bank on exclusive basis for the ECB loan and Rupee Term Loan. Further pledge of 51,21,500 Equity Shares of Rs. 10/- each held by the Company in M/s Appu Hotels Limited to the Banks/ Financial Institutions for the Working Capital facilities and Term Loans.
Repayment Details
The borrowings from the above banks and financial institutions have been classified by the respective lenders as non-performing assets. All the banks and financial institutions have also issued notice calling back the loans. Accordingly, all the outstanding loans have been reclassified as repayable on demand as required by Ind AS 1 "Presentation of Financial Statements". Also refer Note 48.
43 Financial Instruments Capital management
The Company manages its capital to ensure that the Company will be able to continue as going concern, while maximising the return to stakeholders through the optimisation of the debt and equity balance.
The Company determines the amount of capital required on the basis of annual operating plans and long-term product and other strategic investment plans. The funding requirements are met through equity and other long- term/short-term borrowings.
For the purposes of Company's capital management, capital includes consists of net debt (borrowings as detailed in Note 42 offset by cash and bank balances) and total equity of the Company. The Company monitors the capital structure on the basis of total debt to equity ratio and maturity profile of the overall debt portfolio of the Company
Financial risk management objectives
The treasury function provides services to the business, co-ordinates access to domestic and international financial markets, monitors and manages the financial risks relating to the operations through internal risk reports which analyse exposures by degree and magnitude of risks. These risks include market risk (including currency risk, interest rate risk and other price risk), credit risk and liquidity risk.
The Company seeks to minimise the effects of these risks by using derivative financial instruments to hedge risk exposures. The use of financial derivatives is governed by the Company's policies approved by the board of directors, which provide written principles on foreign exchange risk, the use of financial derivatives, and the investment of excess liquidity. The Company does not enter into or trade financial instruments, including derivative financial instruments, for speculative purposes.
Market risk
Market risk is the risk of any loss in future earnings, in realizable fair values or in future cash flows that may result from a change in the price of a financial instrument. The Company's activities expose it primarily to the financial risks of changes in foreign currency exchange rates and interest rates. The Company actively manages its currency and interest rate exposures through a centralized treasury division. The use of derivative instruments is subject to limits and regular monitoring by appropriate levels of management.
Foreign currency risk management
The Company undertakes transactions denominated in foreign currencies; consequently, exposures to exchange rate fluctuations arise. The Company actively manages its currency rate exposures through a centralised treasury division and uses natural hedging principles to mitigate the risks from such exposures. The use of derivative instruments, if any, is subject to limits and regular monitoring by appropriate levels of management.
Disclosure of hedged and unhedged foreign currency exposure
The carrying amounts of the Company's foreign currency denominated monetary assets and monetary liabilities at the end of the reporting period are as follows:
Foreign currency sensitivity analysis
Movement in the functional currencies of the various operations of the Company against major foreign currencies may impact the Company's revenues from its operations. Any weakening of the functional currency may impact the cost of borrowings and consequently may increase the cost of financing the Company's capital expenditures.
The following table details the Company's sensitivity movement in the foreign currencies. The foreign exchange rate sensitivity is calculated for each currency by aggregation of the net foreign exchange rate exposure of a currency and a simultaneous parallel foreign exchange rates shift in the foreign exchange rates of each currency by 2%. 2% represents management's assessment of the reasonably possible change in foreign exchange rates. The sensitivity analysis includes only outstanding foreign currency denominated monetary items and adjusts their translation at the period end for a 2% change in foreign currency rates. The sensitivity analysis includes external loans as well as loans to foreign operations within the Company where the denomination of the loan is in a currency other than the functional currency of the lender or the borrower.
In management's opinion, the sensitivity analysis is unrepresentative of the inherent foreign exchange risk because the exposure at the end of the reporting period does not reflect the exposure during the year.
Interest rate risk management
The Company is exposed to interest rate risk because it borrows funds at both fixed and floating interest rates. The risk is managed by the Company by maintaining an appropriate mix between fixed and floating rate borrowings and by the use of interest rate swap contracts. Hedging activities are evaluated regularly to align with interest rate views and defined risk appetite, ensuring the most cost-effective hedging strategies are applied. Further, in appropriate cases, the Company also effects changes in the borrowing arrangements to convert floating interest rates to fixed interest rates.
Interest rate sensitivity analysis
The sensitivity analyses below have been determined based on the exposure to interest rates for both derivatives and non-derivative instruments at the end of the reporting period. For floating rate liabilities, the analysis is prepared assuming the amount of the liability outstanding at the end of the reporting period was outstanding for the whole year. A 25 basis point increase or decrease is used when reporting interest rate risk internally to key management personnel and represents management's assessment of the reasonably possible change in interest rates.
If interest rates had been 25 basis points higher/lower and all other variables were held constant, the Company's profit for the year ended March 31, 2023 would decrease/ increase by Rs.0 (March 31, 2022 : decrease/ increase by Rs.0). This is mainly attributable to the Company's exposure to interest rates on its variable rate borrowings.
Equity price risk
Equity price risk is related to the change in market reference price of the investments in equity securities. The fair value of some of the Company's investments in equity instruments exposes the Company to equity price risks. In general, these securities are not held for trading purposes.
Equity price sensitivity analysis.
The fair value of equity instruments as at March 31, 2023 and March 31, 2022 was Rs.1,464.97 lakhs and Rs.1,465.04 lakhs respectively. A 5% change in prices of equity instruments held as at March 31, 2023 and March 31,2022, would result in an impact of Rs.73.24 and Rs.73.24 Cash on equity, respectively.
Credit risk management
Credit risk arises when a customer or counterparty does not meet its obligations under a customer contract or financial instrument, leading to a financial loss. The Company is exposed to credit risk from its operating activities primarily trade receivables and from its financing/ investing activities, including deposits with banks, mutual fund investments and foreign exchange transactions. The Company has no significant concentration of credit risk with any counterparty.
Exposure to credit risk
The carrying amount of financial assets represents the maximum credit exposure. The maximum exposure is the total of the carrying amount of balances with banks, short term deposits with banks, trade receivables, margin money and other financial assets excluding equity investments.
(a) Trade Receivables
Trade receivables are consisting of a large number of customers. The Company has credit evaluation policy for each customer and, based on the evaluation, credit limit of each customer is defined. Wherever the Company assesses the credit risk as high, the exposure is backed by either bank, guarantee/letter of credit or security deposits.
The Company does not have higher concentration of credit risks to a single customer. As per simplified approach, the Company makes provision of expected credit losses on trade receivables using a provision matrix to mitigate
the risk of default in payments and makes appropriate provision at each reporting date wherever outstanding is for longer period and involves higher risk. In respective dues from the Government, the Company has considered them as fully recoverable and no allowance for expected credit loss is required.
(b) Investments, Derivative Instruments, Cash and Cash Equivalents and Bank Deposits
Credit Risk on cash and cash equivalents, deposits with the banks/financial institutions is generally low as the said deposits have been made with the banks/financial institutions, who have been assigned high credit rating by international and domestic rating agencies.
Credit Risk on Derivative Instruments is generally low as the Company enters into the Derivative Contracts with the reputed Banks.
Investments of surplus funds are made only with approved financial institutions/ counterparty. Investments primarily include bank deposits, investment in units of quoted mutual funds issued by high investment grade funds etc. These bank deposits, mutual funds and counterparties have low credit risk. The Company has standard operating procedures and investment policy for deployment of surplus liquidity, which allows investment in bank deposits, debt securities and mutual fund schemes of debt and arbitrage categories and restricts the exposure in equity markets.
Offsetting related disclosures
Offsetting of cash and cash equivalents to borrowings as per the consortium agreement is available only to the bank in the event of a default. Company does not have the right to offset in case of the counter party's bankruptcy, therefore, these disclosures are not required.
Liquidity risk management
Liquidity risk refers to the risk that the Company cannot meet its financial obligations. The objective of liquidity risk management is to maintain sufficient liquidity and ensure that funds are available for use as per requirements. The Company invests its surplus funds in bank fixed deposit and mutual funds, which carry minimal mark to market risks. The Company also constantly monitors funding options available in the debt and capital markets with a view to maintaining financial flexibility.
Liquidity tables
The following tables detail the Company's remaining contractual maturity for its non-derivative financial liabilities with agreed repayment periods. The tables have been drawn up based on the undiscounted cash flows of financial liabilities based on the earliest date on which the Company can be required to pay.
44 Trade Receivables from TANGEDCO
Trade receivables includes Rs.2,800.78 Lakhs due from TANGEDCO is outstanding for more than 3 year. The Company is following up for recovery of the same and initiated the required steps. The Company was also initiated steps through South Indian Sugar Mills Association (SISMA) to represent to the Government of Tamilnadu for instructing TANGEDCO to pay the dues. As required by Ind AS 109 "Financial Instruments", the Company on a prudent basis provided for allowance for expected credit loss aggregating to INR 2,349.64 Lakhs as of March 31, 2023.
Since these are due from Government Undertakings and are arising from contractual obligation of those undertakings, in the opinion of the management, no further allowance for expected credit loss is considered necessary.
45 Operating lease
The Company has entered into operating lease arrangements for certain facilities with lease term ranging from 2 years to 3 years. The leases are cancellable at the option of either party to lease and may be renewed based on mutual agreement of the parties. Accordingly, these leases will not qualify for recognising right of use assets and related lease liability as per Ind AS 116. The amount recognised in the statement of profit and loss as expenses for the year is Rs. 26.74 Lakhs (Previous year Rs.43.59 Lakhs).
46 Corporate insolvency resolution process
The Company's net worth is negative and the borrowings from banks and other financial institutions have been classified by the lenders as non-performing assets. All the banks and other financial institutions have also issued notice calling back the loans. Considering the above facts and since the Company's One Time Settlement ("OTS") proposal is also under negotiation, as in the previous periods, the Company stopped providing interest on the outstanding borrowings from banks and financial institutions and has not restated the foreign currency loans after the NPA date.
However, the Hon'ble NCLT, Chennai Bench, admitted the CIRP application filed by a financial creditor of the Company as more fully explained in Note 1 above and the Interim Resolution Professional is receiving claims from the financial and operating creditors towards principal and interest due till the date of admission of CIRP. In the meanwhile, the Promoter of the Company had organised and had deposited Rs. 6,453.30 lakhs (including of Rs. 2500.00 Lakhs in the earlier year) as on date in the office account (NO LIEN Account) of Indian Bank as stipulated by the consortium of bankers/financial institutions for the OTS settlement proposal. However, as per the arrangement with the Promoter, the money deposited by the Promoter shall remain as the Assets of the Promoter or his affiliates until the settlement proposal is duly sanctioned and approved by the lenders. As per legal advice obtained by the promoters, the entire amount of Rs 6,453.30 lakhs kept in the office account of Indian Bank NO LIEN account will be recorded as loan from the promoters' group after the withdrawal of CIRP In case no settlement proposal gets materialised, the said money is to be refunded to the promoter/his affiliates In the opinion of the management, in view of the OTS sought by the Company and the also due to the present developments at Hon'ble NCLT/ NCLAT, there will be no further interest liability on the Company from the NPA date.
Pending resolution of the above uncertainties, which depends upon the future events, the Company has prepared the financial statements on a going concern basis and has not considered any adjustment in the carrying value of non-financial and financial assets/ liabilities.
48 Retirement benefit plans Defined contribution plans
In accordance with Indian law, eligible employees of the Company are entitled to receive benefits in respect of provident fund, a defined contribution plan, in which both employees and the Company make monthly contributions at a specified percentage of the covered employees' salary. The contributions, as specified under the law, are made to the provident fund and pension fund of Government of India. The Company also has superannuation plan and contributions are funded with LIC.
The total expense recognised in profit or loss of Rs. 15.67 lakhs (for the year ended March 31, 2022: Rs. 97.83 lakhs) represents contribution payable to these plans by the Company at rates specified in the rules of the plan.
Defined benefit plans
(a) Gratuity
The Company has an obligation towards gratuity, a defined benefit retirement plan covering eligible employees. The plan provides for a lump-sum payment to vested employees at retirement, death, while in employment or on termination of employment of an amount equivalent to 15 days salary payable for each completed year of service. Vesting occurs upon completion of five years of service. The Company has not accounted for the liability for gratuity benefits payable in the future based on an actuarial valuation during the current financial year and accordingly, the related disclosure could not be presented in the financial statements.
(b) Compensated absence
The leave scheme is a final salary defined benefit plan, that provides for a lumpsum payment at the time of separation based on scheme rules the benefits are calculated on the basis of last drawn salary and the leave count at the time of separation and paid as lumpsum.
Significant actuarial assumptions for the determination of the defined obligation are discount rate and expected salary increase. The sensitivity analyses below have been determined based on reasonably possible changes of the respective assumption occurring at the end of the reporting period, while holding all other assumptions constant.
(vii) Sensitivity analysis
There was no change in the methods and assumptions used in preparing the sensitivity analysis from previous year.
(viii) Reason for non-disclosure of current year information
Ind AS 19 “Employee Benefits” requires provision towards gratuity and compensated absences should be made based on actuarial valuation. However, the Company could not obtain actuarial report and the provision for the current year was made only on an estimated basis. Accordingly, disclosures required by Ind AS 19, in respect of defined benefit fund and long term employee benefits could not be made.
(iv) Borrowings from banks
(a) The Company has been sanctioned working capital limit in excess of five crore rupees, in aggregate, from banks or financial institutions on the basis of security of current assets. However, the since the account became NPA, the Company has not filed any quarterly returns or statements with such banks or financial institutions.
(b) The Company's account is declared as a wilful defaulter by the one of the consortium banks as per the minutes of the consortium dated 25.6.2021. However, the company has objected vide its letter dated 27.9.2022, wherein it was mentioned that the said bank has not followed the guidelines specified in the RBI rules which are mandatory in nature before declaring the company / directors as wilful defaulters. No formal communication has been received from the Bank on the classification of the Company's account as wilful defaulter. If no action is taken by the bank in reversing their stand, further legal action will be taken by the Promoter to correct the status. Company is in negotiation for OTS from the lenders as more fully explained in Note 46.
(v) Relationship with Struck off Companies
The Company did not have any transactions with Companies struck off under Section 248 of Companies Act, 2013 or Section 560 of Companies Act, 1956 considering the information available with the Company.
(vi) Compliance with number of layers of companies
The Company do not have any parent company and accordingly, compliance with the number of layers prescribed under clause (87) of section 2 of the Act read with Companies (Restriction on number of Layers) Rules, 2017 is not applicable for the year under consideration.
Formula adopted for above Ratios:
Current Ratio = Current Assets / (Total Current Liabilities - Security Deposits payable on Demand - Current maturities of Long Term Debt)
Debt-Equity Ratio = Total Debt / Total Equity
Debt Service Coverage Ratio = (EBITDA - Current Tax) / (Principal Repayment Gross Interest on term loans)
Return on Equity Ratio = Total Comprehensive Income / Average Total Equity
Inventory Turnover Ratio (Average Inventory days) = 365 / (Net Revenue / Average Inventories)
Trade receivables Turnover Ratio (Average Receivables days) = 365 / (Net Revenue / Average Trade receivables)
Trade Payables Turnover Ratio (Average Payable days) = 365 / (Net Revenue / Average Trade payables)
Net Capital Turnover Ratio = (Inventory Turnover Ratio Trade receivables turnover ratio - Trade payables turnover ratio)
Net Profit Ratio = Net Profit / Net Revenue
Return on Capital employed = (Total Comprehensive Income Interest) / (Average of (Equity Total Debt)) Return on Investment (Assets) = Total Comprehensive Income / Average Total Assets Reasons for Variation if more than 25%
Current Ratio
The current liabilities have increased significantly during the year, since the Company could not repay them due to cash crunch and very minimal operations. This resulted in the decrease of current ratio.
Inventory Turnover ratio
During the year, there was very minimal production and the sales were effected using the previous year stock as well. Further the Company has made provision for work in progress and finished goods for slow moving and non moving inventory. This resulted in significant decease in inventory turnover ratio.
Trade Receivables Turnover ratio
The company has made additional provisions for expected credit losses, which resulted in decrease of trade receivables. Since the ratio is calculated on a net basis, it looks like there is a significant decrease in the trade receivables turnover ratio.
(viii) Scheme of arrangements
There are no Scheme of Arrangements approved by the Competent Authority in terms of sections 230 to 237 of the Companies Act, 2013 during the year.
(ix) Advance or loan or investment to intermediaries and receipt of funds from intermediaries
The company has not advanced or loaned or invested funds (either borrowed funds or share premium or any other sources or kind of funds) to any other person(s) or entity(ies), including foreign entities (Intermediaries) with the understanding (whether recorded in writing or otherwise) that the Intermediary shall (i) directly or indirectly lend or invest in other persons or entities identified in any manner whatsoever by or on behalf of the company (Ultimate Beneficiaries) or (ii) provide any guarantee, security or the like to or on behalf of the Ultimate Beneficiaries.
The company has also not received any fund from any person(s) or entity(ies), including foreign entities (Funding Party) with the understanding (whether recorded in writing or otherwise) that the company shall (i) directly or indirectly lend or invest in other persons or entities identified in any manner whatsoever by or on behalf of the Funding Party (Ultimate Beneficiaries) or (ii) provide any guarantee, security or the like on behalf of the Ultimate Beneficiaries.
(x) Undisclosed Income
The Company do not have any transaction which are not recorded in the books of accounts that has been surrendered or disclosed as income in the tax assessments under the Income Tax Act, 1961 during any of the years.
(xi) Details of Crypto Currency or Virtual Currency
The Company did not trade or invest in Crypto Currency or virtual currency during the financial year. Hence, disclosures relating to it are not applicable.
50 The Hon'ble National Company Law Tribunal (“NCLT”), Chennai Bench, admitted the Corporate Insolvency Resolution Process (“CIRP”) application filed by a financial creditor of the Company and appointed an Interim Resolution Professional (“IRP”), in terms of the Insolvency and Bankruptcy Code, 2016 (“the Code”) to manage the affairs of the Company vide order dated July 29, 2021 received by the Company on July 31, 2021. On an appeal filed by a director of the company, the Hon'ble National Company Law Appellate Tribunal (“NCLAT”) has directed the RP to carry out the CIRP Proceedings and the next hearing has been listed for June 5, 2023.
In view of pendency of the CIRP, and in view of suspension of the powers of the board of directors, RP is taking on record the unaudited financial results. The RP has relied upon the assistance provided by the management in the review of the audited financial results and the representations, clarifications and explanations provided by the Managing Director, Chief Financial Officer, other directors, key management personnel of the Company in reviewing the unaudited financial results.
The Company's net worth is negative and the borrowings from banks and other financial institutions have been classified by the lenders as non-performing assets. All the banks and other financial institutions have also issued notice calling back the loans. Considering the above facts and since the promoters' Settlement proposal is also under negotiation, as in the previous periods, the Company stopped providing interest on the outstanding borrowings from banks and financial institutions and has not restated the foreign currency loans after the NPA date.
In the opinion of the management, in view of the OTS sought by the Company and the also due to the present developments at Hon'ble NCLT/ NCLAT, there will be no further interest liability on the Company from the NPA date.
Pending resolution of the above uncertainties, which depends upon the future events, the Company has prepared the financial statements on a going concern basis and has not considered any adjustment in the carrying value of non-financial and financial assets/ liabilities.
A corporate insolvency resolution process (CIRP) and the appointment of resolution professional were admitted in the case of one of the major investees of the Company by the Hon'ble NCLT, Chennai Bench vide its order dated May 5, 2020. The carrying amount of the investments as at June 30, 2022 is Rs. 1,455.53 Lakhs.
The Hon'ble NCLT has passed an order approving the resolution plan submitted by one of the resolution applicants. Aggrieved by this Order, the investee has filed an application before the Hon'ble National Company Law Appellate Tribunal (“NCLAT”) praying for quashing the order of the Hon'ble NCLT The Hon'ble NCLAT has set aside the resolution plan approved and ordered to recommence the CIRP process, including the consideration of 12A application filed by the promoters of the investee company. On an appeal against the order of the Hon'ble NCLAT, the Hon'ble Supreme Court has heard the arguments of both the sides and judgement was delivered on May 3, 2023 directing Adjudicating Authority (NCLT) to decide on the fresh resolution plan as submitted by the promoter approved by CoC on its 19th Meetlng.
The Promoter has recently (on October 11, 2022) also given a proposal for settling the entire dues of the CoC members U/S 12A of the IBC code and the required funding has been arranged by way of deposits and Bank Guarantee. The proposal has been approved by the CoC with 100% voting in favour of the proposal .As per the promoters settelment Proposal Uls 12A of lBC, the dues of all the secured and unsecured financial creditors, operational creditors and all other stake holders including shareholders are fully accommodated.
Accordingly, in the opinion of the management, the Company will still be able to recover the entire carrying amount of the investments, even in the aforesaid CIRP conditions. Based on the above estimate made by the management, no adjustment has been made in the fair value of the investments in the aforesaid investee.
51 Status of the CIRP Proceedings: Corporate Insolvency Resolution Process (CIRP) of Dharani Sugars and Chemicals Limited (DSCL) was ordered by Hon'ble NCLT, Chennai vide orders in IA/976/2019 on July 29, 2021, and Mr. S. Rajendran was appointed as the Interim Resolution Professional (“IRP”).
Upon appointment, IRP took control and management of DSCL and has taken efforts to keep it as a going concern. The word “management” used elsewhere in general refers to the previous management ie., promoters whereas after commencement of CIRP the management of the corporate debtor vests with the IRP as per Section 17 of IBC.IRP made a public announcement on 1st August 2021, intimating commencement of CIRP and calling upon creditors to submit their claims against DSCL. IRP collated all claims received and filed a report constituting Committee of Creditors (CoC) on August 21, 2021 and List of Creditors was published in the website, IBBI and reported to Stock Exchanges.
Further as per the e-voting results dated September 22, 2022 CoC approved the appointment of Mr. Mahalingam Suresh Kumar, Insolvency Professional as Resolution Professional. The appointment was confirmed by Hon'ble NCLT, Chennai vide orders IA/1248(CHE)/2022 in IA/976/2019 dated November 18, 2022.
On February 8, 2023 RP convened the 11th CoC meeting in which the members decided to file an appropriate application before the Hon'ble NCLT, Chennai Bench seeking extension of CIRP period by 30 days beyond the maximum timelines specified under Section 12 of the IBC, 2016.The case was heard by the NCLT on March 3, 2023 and was posted for further hearing on May 29, 2023.
As the decision making on the plan is very crucial taking into consideration various factors, the lenders seek these 60 days additional timeline to decide on the options either by themselves or through NARCL suitably. RP also informed the COC members that the chairman of the Dharani Sugars have filed a Caveat Petition, that in case liquidation petition is filed by the RP it shall be brought to their attention.
Claims Recieved:
Pursuant to the public announcement for submission of claims, IRP has received the claims from various stakeholders including the farmers who have submitted the claim for their dues against the supply of sugarcane and transportation charges. Banks and financial institutions have submitted their claim including their interest liability as on CIRP commencement date (July 29, 2021) amounts to Rs. 805,92,89,155/- while the corporate debtor did not provide for interest after NPA date. IRP has collated the claims based on the books of accounts of the corporate debtor and the documents submitted by the respective stakeholders, and the same was published in the website of Corporate debtor and filed with IBBI, NCLT and Stock exchanges.
On January 17, 2023, Revised List of Creditors as on January 10, 2023 has been filed with NCLT including the claims of One operational creditor viz., Jain Irrigation Systems Ltd, who has filed an Application before NCLT, Chennai seeking condonation of delay of 132 days in filing their claim with the IRP for a sum of Rs. 4,55 ,09,430/-. As on 10th January the amount claimed by creditors amount to Rs. 979,80,56,123/- and amount of claims admitted amount to Rs. 922,66,64,911/-.
52 Status of OTS /12A Proposal: The promoter has submitted a settlement proposal U/S 12A of the IBC on February 3, 2023 along with the required deposits and Bank Guarantee to bank of India being the applicant
creditor. However the proposal was returned without taking for discussion. The Promoter is still confident of settling the dues U/S 12A of IBC and revive the operations of the Company.
CIRP timeline of 330 days ended on February 19, 2023 and the COC in its 11th meeting decided to seek 30 days extension from the AA for deciding on the Resolution plan voting. The said petition has been heard on March 10, 2023 and the matter is posted for further hearing on May 29, 2023.
Further the CoC has accorded its approval for seeking extension of CIRP for an additional period of 60 days beyond the maximum timelines specified under Section 12 of the IBC, 2016 [after considering the pending 30 days extension request]”. It is posted for hearing on May 29, 2023.
53 The Company could not carry out physical verification of property, plant and equipment during the year due to non-availability of staff at the units. However, in the opinion of the management, there will be no material discrepancy between the books and physical assets as at the year end and accordingly, no adjustments are required to be considered in the financial statements.
54 Comparative figures
Previous year's figures have been reclassified/ regrouped wherever necessary to conform to the current year's classification.
As per our report of even date attached
For SRIVATSAN & ASSOCIATES For and on behalf of the board
Chartered Accountants Dharani Sugars and Chemicals Limited
Firm Registration No. 014921S UDIN.No.23230195BGUNMT6462
N SRIVATSAN Dr.PALANI.G. PERIASAMY M. RAMALINGAM
Partner Executive Chairman Managing Director
Membership No. 230195 DIN : 00081002 DIN : 00278025
E P SAKTHIVEL M P KALIANNAN
Company Secretary Chief Financial Officer
Place : Chennai MAHALINGAM SURESH KUMAR
Date : May 27, 2023 Interim Resolution Professional
IPR No.: IBBI/ IPA-001/IP-P00110/ 2017-2018/ 10217
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