«TABLE OF CONTENTS DEFINITION, TECHNICAL GLOSSARY AND ABBREVIATIONS FORWARD-LOOKING STATEMENTS RISK FACTORS SUMMARY SUMMARY OPERATING AND FINANCIAL ...»
A7. Kolkata Office Cases filed by JAL There is 1 case pending before the Court of 5th Metropolitan Magistrate, Kolkata in relation to the alleged A7.1 misappropriation of accounts. The aggregate amount involved in the case is approximately Rs. 0.53 million.
A8. Tehri Unit Cases filed by JAL Civil Cases A8.1 JAL has filed a suit in the Nainital High Court challenging the levy of the transit fee on transit of rip-rap material obtained for the dam from Asena Quarry. The ground of challenge is that Asena Quarry land is recorded as Banjar land in the records of the Revenue department and the produce is not a forest produce. JAL has contended that the transit fee may be levied only if Asena Quarry land is recorded as forest land under any notification issued under the Forest Act, and not otherwise. Pursuant to the order of the High Court, JAL has deposited Rs. 27.50 million towards transit fee, which fee is directed by the High Court to be kept in a separate account by the District Forest Officer. The suit is pending.
JAL has filed a writ petition seeking to quash the order of the District Officer directing JAL to pay the transit fee, together with arrears, failing which all JAL vehicles transporting forest produce from Asena Quarry to dam site will be confiscated. In this writ petition, pursuant to the directions of the High Court to the Conservator of the Forest Department, District Tehri to decide the dispute on hand within a stipulated time, the said Conservator has submitted his report to the High Court. Consequently, JAL has filed an amendment application challenging the Conservator’s report.
The said writ petition is pending.
A8.2 A petition under section 9 of the Arbitration and Conciliation Act, 1996 is pending before the Court of District Judge, Tehri Garhwal, for refund of an amount of Rs. 55.85 million illegally and unlawfully recovered by Tehri Hydro Development Corporation Limited in December 2003 on the basis of arbitrary and unilateral alteration by Tehri Hydro Development Corporation Limited of the computation formula. JAL had already released monies towards the escalation amount for the period January 2002 to September 2003, and Tehri Hydro Development Corporation Limited unilaterally changed the linking factor and recovered the said amount of Rs. 55.85 million.
Cases filed against JAL Labour Matters A8.3 A workman of JAL has filed a case before Commissioner appointed under the Workmen Compensation Act, Patna cum the Deputy Labour Commissioner, Patna for compensation on account of injury sustained in his left eye while serving JAL. The amount of compensation claimed is Rs. 0.47 million.
A8.4 There is 1 case pending before the Consumer Protection Cell, Tehri Garhwal, in relation to the non-receipt of claim amount on account of the death of a service employee of JAL in a fatal accident caused by a vehicle of JAL. The total amount involved is Rs. 0.50 million.
Insurance Matters A8.5 There are 4 cases filed before Nyayadharsh, Muzzafer Nagar, for insurance claims in relation to accident involving a vehicle of JAL, in which two people were killed and two were severely injured. The total amount involved is approximately Rs. 1.75 million, together with further interest.
Criminal Matters A8.6 There is 1 case pending before the Court of Mukhya Nyayik Magistrate, Tehri for recovery of the cost of a horse on account of its death due to an accident at the Asena Quarry site. The amount claimed is approximately Rs. 0.06 million.
Arbitration Cases A8.7 There are 7 different arbitration matters pending before the Arbitral Board, the disputes and the claim involved is which are (i) reduction/non-payment of various items of works involved in open excavation and slope stabilization for an amount of Rs. 53.30 million; (ii) provision for indirect/hidden cost of labour in the analysis of rates for extra items of work for an amount of Rs. 2.90 million; (iii) claim for compensation on account of extra transport of clay core material from Koli borrow area to clay stockpile area for an amount of Rs. 6.10 million; (iv) excess recovery of mobilization advance and advance against plant and equipment for an amount of Rs. 109.10 million; (v) early and excessive recovery of rental charges for equipment supplied by THDC Limited for an amount of Rs.44.30 million; (vi) reimbursement of extra cost due to increased liability of trade tax for an amount of Rs. 7.90 million; and (vii) claim for refund of royalty deducted from work bills for filter material for an amount of Rs. 12.70 million. The aggregate amount involved in all the aforementioned arbitration matters is approximately Rs. 236.30 million.
A9. Lakhwar Unit, Dehradun Office Cases filed by JAL Arbitration Cases Lakhwar Dam Works Contract A9.1 There is 1 arbitration matter pending before the Sole Arbitrator Mr. Justice (Retd.) L.P. Nigam with regard to stoppage of work under an Agreement executed on July 15, 1987 for the construction of Lakhwar Dam Underground Powerhouse and Appurtenant Works. This construction was prematurely stopped in July, 1992 due to acute paucity of funds and non-finalisation design, type and exact location of the dam. The amount involved in this arbitration is approximately Rs. 573.10 million as on June 1994.
A9.2 There is 1 arbitration matter pending before the Sole Arbitrator Mr. Justice (Retd.) J.M. Srivastava with regard to reimbursement on account of (i) rent of land, (ii) delay in making payments and (iii) increase in rates of minimum wages. The amount involved in this arbitration is approximately Rs. 5.3 million as up to December 1994.
Vyasi Dam Works Contract
A9.3 There is 1 arbitration matter pending before Mr. S.N.H Zaidi, Sole Arbitrator, for the recovery of payment made for the first installment of the lump-sum payment of interest for the item of Care & Diversion of River during construction. The amount involved in this arbitration is approximately Rs. 4.7 million.
Civil Cases Lakhwar Dam Works Contract A9.4 A suit is filed before the Civil Judge (Senior Division), Dehradun for restraining encashment of a bank guarantee furnished for the release of hypothecated equipment. The amount of bank guarantee is approximately Rs. 3.3 million.
The Court has granted interim stay, the suit is pending.
Tehri Project Works Contract
A9.5 A suit for making an award the rule of court is filed by JAL before the District Judge, Tehri for reimbursement on account of increase in rates of minimum wages. On January 27, 2003, the arbitrator passed an award and the said suit is pending before the District Judge, Tehri. The amount involved is approximately Rs. 19.30 million.
A9.6 There is 1 writ petition pending before the Uttaranchal High Court challenging the demand raised by the Government of Uttaranchal for payment of royalty on Lime Stone obtained from excavation done for the foundation of a building. The demand raised by the Government of Uttaranchal towards royalty is Rs. 0.7 million.
A9.7 There are four writ petitions pending before the Uttaranchal High Court challenging the demand notices raised by Uttaranchal Jal Vidyut Nigam Limited on the basis of raids conducted of four different connections at the Lakhwar sites in or about April-May 1991. The total amount involved in these petitions is approximately Rs. 18.66 million. JAL has furnished to the Uttaranchal High Court four bank guarantees for half the amount of the demand raised in the said demand notices, pursuant to the order of the Court.
A9.8 There are 2 suits pending before the Additional District Judge (Fast Track Court – 7), Dehradun, challenging 2 demands for Rs. 1.58 million each raised by the Executive Engineer, Power Construction Division towards recovery of dues under the Government Electrical Undertaking (Dues Recovery) Act, 1958. These demands were raised after the checking carried by U.P. Electricity Board of two connections, one at Lakhwar and the other at Vyasi. A temporary injunction from recovering the demanded amount was granted by the Additional District Judge. During the pendency of the said suits, the demanded amount was reduced to Rs. 0.93 million and Rs. 0.95 million respectively. The aggregate amount now involved is approximately Rs. 1.89 million.
A9.9 A miscellaneous suit under the Contempt of Courts Act was filed before the Chief Judicial Magistrate, Fast track Court-2, Dehradun against a fresh demand raised by the UP State Electricity Board for a sum of Rs. 0.93 million, despite a temporary injunction granted by the Additional District Judge referred to in A9.8 above. The case is pending.
A9.10 There is 1 suit pending before the Civil Judge Senior Division (Fast Track Court – 1) Dehradun challenging the disconnection of electricity supply by the Uttar Pradesh State Electricity Board at Ambari Camp, Dakhpathar. This disconnection was made on account of the alleged non-payment of the service line charges amounting to Rs. 0.22 million.
A9.11 There is a suit pending before the Additional Civil Judge, Dehradun challenging the demand of Rs. 0.76 million raised by Uttar Pradesh State Electricity Board with regard to 2 connections at Lakhwar site. A temporary injunction has been granted by the Additional Civil Judge from recovering the demanded amount.
A9.12 The Electricity Department has filed 2 appeals before the Secretary, Energy, Government of Uttar Pradesh challenging two different decisions of Director, Electrical Safety on the accuracy of the electricity meter and the bills raised pursuant to the said decisions. These appeals are pending before the Civil Judge (Senior Division) Dehradun and Additional District Judge II, Dehradun. Parallely, JAL has filed 2 suits before the Civil Judge (Senior Division) Dehradun challenging the disconnection of electricity due to non-payment of electricity consumption bill. All these matters are pending. There are 7 further independent proceedings filed, some by JAL and some against JAL, in connection with the dispute involved in the aforesaid cases, which are also pending.
Trade Tax Cases
A9.13 There are 9 cases pending before the Trade Tax Tribunal, Vasant Vihar, Dehradun for the period 1990-91 to 1998-99 in respect of various disputes relating to liability of JAL towards trade tax on sale of items such as Rock Bolts, Chain Link Fabric, etc. The aggregate amount involved in all these cases is approximately Rs. 3.00 million Cases filed against JAL Civil Cases Vyasi Dam Works Contract A9.14 There are 3 appeals filed by the State of Uttaranchal against JAL pending before the Uttaranchal High Court, (i) the first involving reimbursement on account of refund of excess interest recovered on advance payments; delay in making payments of intermediate bills and increase in minimum wages; (ii) the second pertaining to refund of sales tax recovered from the bills; and (iii) the third pertaining to appointment of arbitrator to arbitrate on the dispute regarding encashment of a Bank Guarantee for the release of hypothecated equipment. The aggregate amount involved in all these appeals is approximately Rs. 103.00 million.
Tehri Project Works Contract
A9.15 Two awards were passed by the arbitrator in two different arbitrations wherein the dispute involved (i) refund of deposit amount and payment of final bill; and (ii) payment for extra lead in disposal of excavated material respectively. These awards were made the rule of the court, which was challenged by Tehri Hydro Development Corporation Limited in the Uttaranchal High Court. The aggregate amount involved in both these appeals is approximately Rs. 9.40 million approximately.
A9.16 A civil revision petition is filed by Tehri Hydro Development Corporation Limited (“THDC”) in the Uttaranchal High Court challenging an order of the Court of District Judge, Tehri restraining THDC from recovery of trade tax from the bills of JAL on the machinery taken by THDC on a rental basis. The aggregate amount involved in this case is Rs. 0.80 million.
A9.17 An appeal is filed by the State of Uttaranchal in the Uttaranchal High Court challenging the arbitration award amounting to Rs. 0.70 million, which was published and made a rule of the court. This appeal is pending.
Electricity Cases A9.18 An appeal is filed by the Uttar Pradesh Electricity Board in the Uttaranchal High Court challenging the order of the lower court, passed in a suit filed by JAL, allowing reimbursement of all amounts paid by JAL towards the demand of Cash Security, Late Payment Surcharge on Cash Security and Interest on Cash Security. These reimbursements were allowed by the lower court on the ground that the payments were made for the period subsequent to the disconnection of the concerned three connections. This appeal is pending.
A9.19 There are 2 appeals filed by the Uttar Pradesh State Electricity Board before the Secretary, Energy, Government of Uttar Pradesh, against the decision of the Director, Electrical Safety on the accuracy of the Check meter.
Both these appeals are pending.
A10. Chamera – II Project Cases filed by JAL Compensation case A10.1 An appeal filed by the Company before Session Judge, Chamba against the order passed by the Chief Judicial Magistrate, Chamba in relation to compensation for alleged damage caused to the house of the claimant due to underground and tunneling work undertaken at Chamera – II site. The said case is pending.
Cases filed against JAL Compensation Cases A10.2 There is 1 case pending before the Court of Workmen’s Compensation Commissioner, Chamba for compensation on account of injury suffered while on duty at Chamera II. The amount claimed is Rs. 0.30 million together with interest.
Taxation cases A10.3 A case has been filed before Assistant Commissioner Trade Tax, Bagpat District, Meerut, Uttar Pradesh challenging the proposed levy of penalty of 40% of the value of the goods, which the Trade Tax Department, Uttar Pradesh alleges was done within the Uttar Pradesh State. The value of the goods is Rs. 0.14 million. The case is pending.