Mallya's Force India sale: 13 Indian banks lose Rs 350 cr

Agencies
September 30, 2018

London, Sept 30: One of the two main bidders, keen to acquire embattled Indian businessman Vijay Mallya's Force India Formula One racing team after it went into administration, has claimed that a consortium of 13 Indian banks lost out an estimated 40 million pounds as a result of an "unfair" sales process concluded last month.

Russian fertiliser group Uralkali said that by turning down its higher bid for the company, the administrators had denied the extra funds that would have accrued to the shareholder of Force India – Mallya's Orange India Holdings Sarl – which is subject to a freezing order issued by the UK's High Court in favour of his 13 creditor Indian banks, led by the State Bank of India.

Uralkali launched legal proceedings against administrators FRP Advisory in the High Court in London on Thursday to claim "tens of millions of dollars" in damages over the alleged "prejudicial and unequal treatment" in the bidding process.

The administrators, however, insist they oversaw a "fair and transparent bidding process" which led to the sale of Force India to the Racing Point consortium, led by Canadian billionaire Lawrence Stroll, after it went into administration in July.

"We submitted by far the winning bid for the assets and business, which would have meant most money to the stakeholders and qualitatively recapitalised the team... We have serious concerns as to why the administrators did not use the opportunity to maximise the amounts that could have been paid to creditors and shareholders," said Paul James Ostling, Senior Independent Director of Uralkali, who led the firm's offer for Force India.

"Had he [administrator] taken our bid, because of the freezing order, there would have been millions and millions more available for the ultimate stakeholders, which according to the freezing order are the Indian banks," he said.

Mallya, through Orange India Holdings set up in 2007, owned a 42.5 per cent stake in the Silverstone-based racing team alongside a similar shareholding in the hands of India's Sahara Group.

Describing the 62-year-old UK-based businessman fighting his extradition to India on fraud and money laundering charges amounting to nearly Rs 9,000 crores as a "unique character", Ostling said it had been made clear to Uralkali that the administrator and team's engine partner Mercedes would not accept any deal in which either Mallya or Sahara had any "share or interest or participation".

"Mallya's legal entanglements made it impossible for anyone to do a normal business deal with him to acquire Force India. When you are trying to do a deal with a man who is facing extradition and other charges, it made it extraordinarily difficult," said Ostling, who indicated that Uralkali is still interested in acquiring Force India because it is a good racing team which "punches above its weight".

"It's very sad what's going on with Mr Mallya and Sahara and all their problems. But the team is a wonderful group of people; the drivers, mechanics, business people are an extraordinary group of 400 people who we adore. We wanted to take care of them and support them," Ostling added.

A ruling in Mallya's extradition trial at Westminster Magistrates' Court in London is scheduled for December 10.

A separate UK High Court ruling from May this year upheld a worldwide freezing order against the businessman, with a follow-up enforcement order in June in favour of the consortium of 13 Indian banks to recover estimated funds of around 1.145 billion pounds.

Uralkali, which accounts for 20 per cent of the world's potash production, has been a partner of Force India and one of the sponsors of Formula One Grand Prix Sochi, which takes place in Russia on Sunday.

The company said it had set out an extremely generous offer to acquire Force India's business, assets and goodwill, which included a cash consideration between 101.5 million and 122 million pounds.

"Uralkali had a strong business rationale for acquiring Force India. The company sells its fertilisers to more than 60 countries worldwide, including 20 in which Formula One holds its Grand Prix Championship. Force India would be a highly effective and valuable marketing tool for the business,” the company said.

It said that it had no option but to launch legal proceedings and seek "substantial damages" from the administrators for their "misrepresentation and failure to conduct a process that was proper".

"Having now seen the substance of Uralkali's claim we are ever more confident it will be dismissed at the earliest opportunity," said a statement on behalf of FRP Advisory's joint administrators Geoff Rowley and James Baker.

"As all of the interested parties were aware, our primary statutory duty as administrators was to pursue a rescue of Force India as a going concern.

"All parties had the opportunity to submit a proposal to rescue the company rather than buy its assets. When the final offers came in, Racing Point was the only party to submit a rescue proposal," the statement noted.

While the administrators claim Uralkali failed to submit a rescue offer, the Russian firm accuses the administrators of running an "opaque" process that never made such a criterion for the bidding process clear.

Uralkali now believes "everything will come out in the open" in the course of the matter being heard in the London High Court in coming months.

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News Network
June 3,2020

New Delhi, Jun 3: India registered its highest single-day spike in COVID-19 cases on Wednesday with 8,909 more cases reported in the last 24 hours, taking the country's tally to 2,07,615, while the death toll rose to 5,815 according to the Union Health and Family Welfare Ministry.

The number of active COVID-19 cases stood to 1,01,497 while 1,00,303 people have been cured/discharged/migrated.

According to the Union Health and Family Welfare Ministry, out of all the states, Maharashtra has recorded the highest number of coronavirus cases with 72,300 patients followed by Tamil Nadu with 24,586 cases.

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Agencies
January 15,2020

New Delhi, Jan 15: Suspended Deputy Superintendent of J&K Police Davinder Singh had ferried Hizbul Mujahideen terrorist Naveed Babu to Jammu last year also and facilitated his return to Shopian after "rest and recuperation", officials interrogating him said here Tuesday.

"Meri mati maari gayi thi (I must have lost my mind to do what I did)," an interrogator quoted Singh as saying after the DSP failed to impress them with his theory of catching a big terrorist.

Singh was arrested last Saturday along with Naveed Babu alias Babar Azam, a resident of Nazneenpora in South Kashmir's Shopian district, and his associate Asif Ahmad.

He is believed to have taken Rs 12 lakh for smuggling the two to Chandigarh for providing them accommodation for a couple of months, officials said. The officials, who have been spending considerable time questioning Singh, said there have been many inconsistencies in his statements and everything was being crosschecked and corroborated with the confessions of captured militants who have been kept in different rooms at an interrogation centre in South Kashmir.

During questioning it emerged that Singh had taken them to Jammu in 2019 also, the officials said.

In a tone laced with sarcasm, they said the DSP was taking the militants for "rest and recuperation".

Naveed told the interrogators that they used to stay in the hilly regions to avoid the J&K police and left the areas to escape harsh winters, they said.

The official said the DSP's bank accounts and other assets were being verified by the police and papers were being collected, amid speculations that the case may be handed over to the National Investigation Agency (NIA).

Going into the service history of Singh, majority of retired and serving officials of the JKP spoken to referred to a proverb -- coming events cast their shadows long before -- to say that if action had been taken against the officer during his probation period, such things would not have happened.

Recruited in 1990 as a sub-inspector, Singh along with another probationary officer were subject of an internal enquiry where some narcotics had been seized from a truck. However, the contraband was sold by Singh and another sub-inspector, the officials recalled.

There was a move to dismiss them from the service which was stalled by an Inspector General rank officer purely on humanitarian ground and the duo was shifted to the Special Operations Group, a team of policemen engaged in counter-militancy offensive.

However, he could not last there for long and was shifted this time to the police lines only to be rehabilitated in 1997 again in the SOG.

During this period, he was posted in Budgam and is alleged to have indulged in extortion for which he was sent back to the police lines.

His proper rehabilitation began in 2015 by the then Director General of Police K Rajendra, who posted him in district headquarters of Shopian and Pulwama, the officials said.

However, after some alleged wrongdoing during his stint in Pulwama, the then Director General of Police S P Vaid transferred him in August 2018 to the sensitive Anti-Hijacking Unit in Srinagar, though the move was opposed by some other officers.

An advocate, Irfan Ahmad Mir, was driving the vehicle when they were caught by the police on National Highway in Kulgam district.

The advocate, who has also been arrested, had travelled to Pakistan five times on an Indian passport.

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Agencies
June 22,2020

Mumbai, Jun 22: After downgrading India's outlook to negative from stable, Fitch Ratings on Monday revised the outlook on nine Indian banks to negative.

The outlook on the Long-Term Issuer Default Ratings (IDR) was revised to negative from stable due to the banks' high dependence on the Centre to re-capitalise them.

Accordingly, the IDR outlook of the Export-Import Bank of India, the State Bank of India, the Bank of Baroda, the Bank of Baroda (New Zealand), the Bank of India, the Canara Bank, the Punjab National Bank, ICICI Bank and Axis Bank Ltd have been downgraded to negative.

"At the same time, Fitch has affirmed IDBI Bank Limited's (IDBI) IDR while maintaining the outlook at negative," Fitch said in a statement.

The rating actions follow Fitch's revision of the outlook on the 'BBB-' rating on India to negative from stable on June 18, due to the impact of the escalating coronavirus pandemic on India's economy.

"The IDRs for all the above Indian banks are support-driven and anchored to their respective SRFs," the statement said.

"They are based on Fitch's assessment of high to moderate probability of extraordinary state support for these banks, which takes into account our assessment of the sovereign's ability and propensity to provide extraordinary support."

According to the statement, the negative outlook on India's sovereign rating reflects an increasing strain on the state's ability to provide extraordinary support, due to the sovereign's limited fiscal space and the significant deterioration in fiscal metrics due to challenges from the COVID-19 pandemic.

"The rating action does not affect the banks' Viability Rating (VR). EXIM does not have a VR as its role as a policy bank makes an assessment of its standalone credit profile less meaningful."

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