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«TABLE OF CONTENTS DEFINITION, TECHNICAL GLOSSARY AND ABBREVIATIONS FORWARD-LOOKING STATEMENTS RISK FACTORS SUMMARY SUMMARY OPERATING AND FINANCIAL ...»

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A11. Indira Sagar Project Cases filed by JAL Arbitration Cases A11.1 A petition being Petition No. 13 / 97 has been filed before the M.P. Arbitration Tribunal, Bhopal under section 7 of the M.P. Arbitration Act by Jaiprakash Associates (a division of JIL, as it then was) against State of Madhya Pradesh, the Chief Engineer, Indira Sagar Project, Narmada Valley Development Authority, and another for recovery of a total claim of Rs. 19.90 million being an aggregate of various claims arising out a Contract Agreement dated November 22, 1992. This Agreement was entered into between Jaiprakash Associates and the State of Madhya Pradesh for the balance work for construction of Diversion Tunnel on the left flank of River Narmada for Indira Sagar Project.

The claims made by Jaiprakash Associates includes claim for (i) extra items, (ii) refund of excess electric power charges; (iii) cost of cement procured; and (iv) reimbursement of sales tax.

State of Madhya Pradesh has filed a counter claim for an amount of Rs. 33.26 million being the aggregate of Rs. 21.40 million towards debitable agency cost, liquidated damages, recovery of material not returned and recovery of electricity charges (after adjusting the amounts payable to Jaiprakash Associates) and Rs. 11.85 million towards interest at the rate of 12% per annum. The said Petition and counter claim are pending.

A11.2 A petition being Petition No. 41 / 99 has been filed before the M.P. Arbitration Tribunal, Bhopal under section 7 of the M.P. Madhyastham Adhikaran Adhiniyam, 1983 by Jaiprakash Associates (a division of JIL, as it then was) against State of Madhya Pradesh, through the Secretary, Narmada Valley Development Department, and others for recovery of a total claim of Rs. 336.88 million being an aggregate of various claims arising out a Contract Agreement dated May 5, 1992. This Agreement was entered into between Jaiprakash Associates and the State of Madhya Pradesh for construction of a solid gravity concrete dam 653 meters long and 92 meters high, with gross storage capacity of

1.222 Mham. The claims made by Jaiprakash Associates includes claim for (i) providing 450 mm dia M.S. pipes, (ii) reimbursement of payment made and recovered for providing steel supports for reinforcement; (iii) reimbursement of royalty charges paid; and (iv) wrong and excess recovery of interest on Advances. The State of Madhya Pradesh has filed its written statement and Jaiprakash Associates has filed its rejoinder to the said written statement. The matter is pending.

A11.3 A petition being Petition No. 42 / 99 has been filed before the M.P. Arbitration Tribunal, Bhopal under section 7 of the M.P. Madhyastham Adhikaran Adhiniyam, 1983 by Jaiprakash Associates (a division of JIL, as it then was) against State of Madhya Pradesh, through the Secretary, Narmada Valley Development Department, and others for recovery of a total claim of Rs. 334.58 million being an aggregate of various claims arising out a Contract Agreement dated May 5, 1992. This Agreement was entered into between Jaiprakash Associates and the State of Madhya Pradesh for construction and completion of Intake Structure, Pressure Shafts and Power House Pit. The claims made by Jaiprakash Associates includes claim for (i) drilling 115/125 mm dia holes, (ii) deviated tender item for providing permanent steel supports; (iii) reimbursement of royalty charges paid; and (iv) non-availability of High Level Bridge.

The State of Madhya Pradesh has filed its written statement and Jaiprakash Associates has filed its rejoinder to the said written statement. The matter is pending.

Tax Cases

A11.4 Government of Madhya Pradesh introduced a levy of commercial tax with effect from April 1, 1995.

Accordingly, Narmada Valley Department Authority (NVDA) commenced deduction of the said tax at 2% of the work bills on completed items of work of JAL. Since the liability of payment of this tax was that of NVDA, such tax was reimbursed to JAL. However, this reimbursement was discontinued by NVDA from 1996 onwards. Pursuant to a petition, the High Court ordered that JAL approach the Deputy Commercial Tax, Khandva for decision on this issue.

The Deputy Commissioner, Khandva, upheld the levy of commercial tax, and further directed the said tax be reimbursed to JAL, as was done in 1995 by NVDA. However, subsequently the Deputy Commissioner amended his order by a corrigendum that the reimbursement be discontinued. This corrigendum was quashed by the High Court in a proceeding filed by JAL resulting in NVDA having to re-commence reimbursement of the commercial tax to JAL.

NVDA failed to reimburse the said tax to JAL, and therefore, JAL filed 2 contempt petitions before the Madhya Pradesh High Court (Indore Bench) against NVDA for non-compliance of the orders of the High Court. Both these petitions are pending. The amount involved is approximately Rs. 11.40 million.

A11.5 There is 1 appeal pending before the Commercial (Sales) Tax Tribunal challenging the levy / deduction of tax on imported steel plates. JAL contended that the said steel plates were to be incorporated in Hydro-Electric Power House, hence sales tax was not to be levied, being tax exempt. The amount involved is approximately Rs. 5.60 million.

This appeal is pending.

A11.6 There are 7 writ petitions filed in the Jabalpur High Court challenging the levy of entry tax imposed by the Asst. Commissioner Commercial Tax Division – II, Bhopal. The total amount involved is approximately Rs. 12.19 million.





Cases filed against JAL Criminal Cases A11.7 There is 1 case pending before the Madhya Pradesh High Court (Indore Bench) challenging the compensation award given by the Court of Kannaud District. Dewas in relation to the death of a villager caused by a driver of a JAL vehicle. The wife of the deceased has appealed to the High Court and the amount claimed is approximately Rs. 0.60 million.

A12. Baghlihar Hydro-Electric Project Cases filed against JAL Labour Cases A12.1 There are in all 23 labour cases involving an aggregate amount of Rs. 4.98 million approximately. The dispute in these cases includes claims under Payment of Wages Act, Workmen Compensation Act, compensation cases for permanent or temporary disability or death.

A13. Ware House - Siliguri Nil A14. Waknaghat (Solan) H.P.

Cases filed by JAL Taxation Cases A14.1 There is an appeal pending before the Additional Excise and Taxation Commissioner, [Appeals] Shimla concerning the applicability of tax on goods purchased and transferred from outside the State of Himachal Pradesh in pursuance of contracts under the Himachal Pradesh General Sales Tax Act and the Central Sales Act. The amount involved is Rs. 6.56 million.

Cases filed against JAL Motor Accident Cases A14.2 There are 2 cases pending before the Judicial Magistrate, Kandaghat (Himachal Pradesh) under section 279, 337, 304A of the Indian Penal Code, 1860 relating to negligence caused by the drivers of JAL.

A15. Jhakri Unit Cases filed by JAL Civil Cases A15.1 There are certain claims arising out of a dispute between Sutlej Jal Vidyut Nigam Limited (SJVNL), Shimla and Jaiprakash Hyundai Consortium (Consortium) (of which JAL is a member), pending before the Dispute Review Board (DRB) of the value of more than Rs. 5400.00 million under a contract between SJVNL and Consortium for civil works of Nathpa Jhakri Hydro Electric Project. Pending settlement by the DRB of this dispute, SVJNL paid an adhoc amount of Rs. 563.20 million to the Consortium towards the said disputed claim of Rs. 5400.00 million. During the pendency of settlement of this dispute, SJVNL is seeking to recover the said adhoc payment of Rs. 563.20 million by encashment of the bank guarantees given by the Consortium as performance security. An Original Miscellaneous Petition is, thus, filed in the Delhi High Court by the Consortium seeking interim measures under section 9 of the Arbitration and Conciliation Act, 1996, for restraining SJVNL, Shimla from (i) recovering the adhoc payments of Rs.

563.20 million released by SJVNL to the Consortium; and (ii) for restraining invocation of the bank guarantees (of the value of Rs. 468.93 million, USD 3.70 million, Euro 3.52 million) given by the Consortium as performance security.

The Consortium has contended that the bank guarantees cannot be invoked by SJVNL for recovering the adhoc payments as these bank guarantees were given as performance security, which performance has been completed to the satisfaction of SJVNL. The Delhi High Court has granted an interim stay from invocation of the bank guarantees and recovery of the said adhoc amount.

Tax Matters A15.2 There are 3 writ petitions pending before the Shimla High Court challenging the levy of passenger tax on buses carrying the staff to and from the place of residence and the work sites.

A15.3 There is 1 appeal pending before the Additional Excise and Taxation Commissioner, Appeals, Shimla challenging the order passed by the Assessing Authority imposing liability on JAL on the ground that foreign exchange fluctuations should be taken into consideration while determining the taxable turnover. The amount involved is Rs. 0.15 million.

Cases filed against JAL Accident Claims Cases A15.4 There are 2 cases pending before the Shimla High Court for compensation on account of an accident by a truck owned by JAL resulting in injury to the applicants. The amount of enhancement in compensation claimed in one of the two cases is Rs. 2.00 million Compensation Matters A15.5 There is 1 writ petition pending before the Shimla High Court for compensation on account of the death of a workman of JAL. The amount claimed is approximately Rs. 1.16 million together with further interest, of which JAL has already paid a sum of Rs. 0.15 million.

A15.6 There is 1 case pending before the Shimla High Court, for compensation on account of the damage caused to the applicant’s motor vehicle due to an accident involving JAL’s truck. The aggregate amount claimed is approximately Rs. 6.56 million.

A15.7 There is 1 case pending before the Sub-Divisional Judicial Magistrate, Rampur Bushahr, Shimla for compensation on account of injury caused to a worker. The amount claimed is approximately Rs. 0.10 million.

A15.8 There are 2 cases pending before the Workmen’s Compensation Commissioner, Jhakri, for compensation on account of death of one worker and injury caused to another worker. The amount involved in one of the cases is approximately Rs. 0.18 million.

Miscellaneous Matters A15.9 There is 1 suit pending before the Shimla High Court for compensation on account of damage caused to the properties of HPSEB due to the collapsing of a wall of a Store of JAL. The amount claimed is approximately Rs. 1.88 million together with further interest.

A15.10 There are 2 complaints pending before the Sub-Divisional Judicial Magistrate, Rampur Bushahr, Shimla under section 24 of Contract Labour (Regulation and Abolition) Act, 1970. The aggregate amount involved is Rs. 0.004 million.

Criminal Matters A15.11 There is 1 criminal appeal filed under section 378 of the Criminal Procedure Code, 1973 in the Shimla High Court by the State of Himachal Pradesh challenging the acquittal of nine accused persons, including the Managing Director and other directors of JAL.

A15.12 There is 1 case filed before the Chief Judicial Magistrate, Dehradun, by the State of Uttaranchal in relation to an accident of a JAL vehicle under Section 279 and 337 of Indian Penal Code.

Labour Matters A15.13 There is 1 case pending before the Shimla Labour Court cum Industrial Tribunal, Shimla, for recovery of sum of Rs. 0.33 million, together with interest, claimed towards machinery deviation amount, labour charges for stacking and curing of RCC blocks and securities loss and idle labour payments.

Cases filed against JAL Civil Cases A15.14 A suit has been filed in the Bombay High Court for alleged non-fulfilment of obligations under a contract executed between Sutlej Jal Vidyut Nigam Limited (SJVNL), Shimla on the one hand and JAL and Hyundai Engineering and Construction Company Limited (JHC) on the other hand for implementing certain works at the Nathpa Jhakri Hydro Electric Project, which resulted in damage to the equipment of one Alstom Power Generation AG and others (Eucona Bhel Consortium). Eucona Bhel Consortium was also implementing certain works at the Nathpa Jhakri Hydro Electric Project under another contract with SJVNL, around the same time as JHC. The claim against JHC is this suit is that JHC, while executing the civil works under its contract with SJVNL, failed to fulfil its contractual obligations, which resulted in flooding of the power house complex, where Eucona Bhel Consortium were executing their work causing damage to their equipment. The said suit is, thus, filed for recovery of the loss suffered by Alstom.

The suit is pending.

Compensation Cases A16. Baspa Unit A16.1 There is 1 case pending in the Court of Civil Judge (Junior Division), Rampur, for additional compensation claimed for the damage caused to the Apple, Poplar, Chulli, Shagul trees and peas, wheat crop during stringing works of the transmission lines. The amount claimed is approximately Rs. 0.20 million.

A16.2 There are 2 cases pending before the Sub-Divisional Magistrate, Rampur Bushahr for compensation, and for labour payment, respectively. The aggregate amount claimed is approximately Rs. 0.15 million.

A16.3 A suit is filed against JAL before the Civil Judge (Senior Division), Kinnaur at Reckongpeo for restraining JAL from erecting the extra high voltage electric transmission line over the suit property.

Claim for Freight A16.4 There is 1 case pending with Civil Judge (Senior Division), Kinnaur at Reckongpeo in relation to claim for freight. The amount claimed is approximately Rs. 0.01 million.

Motor Accident Claims A16.5 There are 2 cases pending with Civil Judge (Senior Division), Kinnaur at Reckongpeo under sections 279,304, 336, 337 and 338 of the Indian Penal Code on account of negligent and rash driving by drivers of JAL vehicles.

A17. Omkareshwar H.E. Project Cases filed by the JAL A17.1 There is a writ petition pending before the High Court of Jabalpur against the State of Madhya Pradesh challenging the constitutional validity of section 35 of the Madhya Pradesh Commercial Tax Act, providing for deduction of tax on the entire payment of bills. JAL has contended that the deduction of tax ought to be on the taxable value of the goods involved / transferred during the execution of the works contract, and not on the entire bills.



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