STRESSED ASSETS STABILIZATION FUND (SASF) 5th Floor, IDBI Tower, WTC Complex, Cuffe Parade, Mumbai - 400 005 www.sasftrust.com TENDER DOCUMENT For Sale of Certain Specific movable equipment’s of Uma Maheswari Mills Limited (In Liquidation) located at. Plot Nos. 86-89, SIPCOT Industrial Estate, Bangalore Main Road, District Hosur, in the state of Tamil Nadu (Pursuant to the Orders of the Hon’ble High Court of Judicature, Madras dated July 23, 2013 in Company Petition No.173 of 2001) UMA MAHESHWARI MILLS LIMITED (IN LIQUIDATION) CONTENTS Particulars 1 Public Notice for SALE published in the Page No 3-4 newspapers. 2 Introduction 5-6 3 Brief Description of Movable Properties 7-8 4 Terms & Conditions 9-10 5 Annexure –I Tender for purchase of Movable property 11 6 Annexure – II Earnest money deposit 12 7 8 Annexure – III Declaration 13 Annexure – IV Certificate of sale 2 14 STRESSED ASSETS STABILIZATION FUND 5th FLOOR, IDBI TOWER, WTC COMPLEX, CUFFE PARADE, MUMBAI – 400 005. Website: www.sasftrust.com PUBLIC NOTICE FOR SALE (through e-auction) SALE OF MOVABLE PROPERTIES ("SECURED ASSETS") OF UMA MAHESWARI MILLS LIMITED (IN LIQUIDATION) ("THE BORROWER") Pursuant to the Orders of the Hon’ble High Court of Judicature, Madras dated July 23, 2013 in CP No 173/2001, , the undersigned being the Authorised Officer (AO) of SASF invites offers in sealed covers for purchase of the following machineries of Uma Maheswari Mills Ltd.(in Liquidation), having registered office at 5/239, State Bank Colony No. 2, Salem – 636004 and factory at Plot Nos. 86-89, SIPCOT Industrial Estate, Bangalore Main Road District Hosur, Tamil Nadu, presently a closed unit which was engaged in manufacturing of textiles / manufacturing of cotton yarn with installed capacity of 24720 spindles. Property Description LOT-I 1.KTTM Ring Frame, 2.Draw Frame of Lakshmi Rieter 3.Autocover, 4.Carding Machines, 5.Trumac Chutes, 6.Genset Details are mentioned in the Tender document LOT-II Mentioned in Tender Document COMBINED LOT Reserve Price (Rs. lakh) Earnest Money Deposit (EMD) (Rs. lakh) 133.60 13.36 16.00 1.50 149.60 15.00 Availability of Tender Documents Date of Inspection Last date of Date and time submission of of E-auction Sealed Tenders 05.08.2014 to 03.09.2014 between 11.00 am to 4.00 pm 22.08.2014 between 11.00 am to 4.00 pm 04.09.2014 05.09.2014 upto 12 noon between 2.30 at IDBI Tower, pm to 4:00 pm Mumbai 1. Auction sale / bidding would be only through “Online Electronic Bidding” process through the website https://sarfaesi.abcprocure.com through e-auction service provider M/s E-Procurement Technologies Ltd. (ETL). 2. The interested bidders should give their offers strictly in accordance with the terms and conditions of sale as mentioned in the Tender Document. 3. The interested bidders shall submit their Bid along with EMD and KYC documents (PAN Card/ Address proof). On receipt of the EMD and confirmation from authorised officer, the bidders shall receive user id / password on 3 4. 5. 6. 7. 8. 9. 10. their valid email id (mandatory for e-auction) from the e-auction service provider M/s E-Procurement Technologies Ltd. The amount of EMD paid by the interested bidders shall carry no interest. The sale of Secured Assets is on "as is where is basis", "as is what is & whatever there is basis" and "without recourse basis" for and on behalf of SASF/Secured Creditors under intimation to the Official Liquidator attached to Madras High Court. All statutory liabilities / taxes / maintenance fee / electricity / water charges etc., outstanding as on date and yet to fall due would be ascertained by the bidder(s) and would be borne by the successful bidder. SASF does not take any responsibility to provide information on the same. For detailed procedure, terms and conditions of the auction process, intending bidders may arrange to obtain Bid / Tender Document from Shri Nitin Sawant, Deputy General Manager, or from Shri Atul Gokhale, Manager, SASF, 5th floor, IDBI Tower, WTC Complex, Cuffe Parade, Mumbai -400 005 on any working day (except Saturday) between 11.00 am to 4.00 pm on payment of non- refundable fees of Rs.500/- (Rupees Five Hundred Only) by a crossed A/c Payee Demand Draft/ Pay order drawn in favour of “SASF- A/c M/s Uma Maheshwari Mills Ltd.” payable at Mumbai issued by any Nationalized Bank / Scheduled Bank. The bid/tender document can also be downloaded from IDBI website (www.sasftrust.com) and https://sarfaesi.abcprocure.com. Those bidders preferring to download the Bid/Tender Document shall have to furnish the non refundable fee of Rs.500/- as at 7 above at the time of submission of the acceptance document with EMD. For detailed information on the procedure of e-auction please refer to the Bid / Tender Document and for formalities / registration to be completed before e-auction, please refer to registration procedure at website https://sarfaesi.abcprocure.com. Interested parties may contact Shri Nitin Sawant on (T) +91 6655 2070, (M) +91 98196 09987, (e-mail) [email protected] and Shri Atul Gokhale on (T) +91 6626 3984, (M) +91 80970 62200, (email) or [email protected]. For e-auction support, you may contact Shri Tilak Maratha on (Mo) +91 9067799646 (e-mail) [email protected], Shri Vijay Shetty on (M) +91 09619002431 (e-mail) [email protected], and Shri Vishal Tiwari on (M) +91 08140094365 (e-mail) [email protected]. M/s ABC PROCURE (E-Procurement Technologies Ltd.), Ahmedabad (Help Line Nos. : 079-40230 828/829/830/813/814/815/816). Sd/Authorised Officer Stressed Assets Stabilisation Fund Place: Mumbai Date: August 5, 2014 4 INTRODUCTION 1. Uma Maheswari Mills Ltd.(In Liq) is a company registered under the companies Act, 1956 and having its registered office at 5/239, State Bank Colony No.2, Salem – 636004 and factory at plot Nos. 8689, SIPCOT Industrial Estate, Bangalore Main Road Districr Hosur, Tamil Nadu ( the company). The company in liquidation which was engaged in manufacturing of textiles / manufacturing of cotton yarn with installed capacity of 24720 spindles. Hon’ble High Court of Judicature at Madras had ordered winding up of the company vide order dated 20.12.2006 in C.P. No. 173 of 2001 and Official Liquidator attached to Madras High Court has taken Possession of the Assets of the Company 2. Industrial Development Bank of India (IDBI) granted various financial assistant to the Company, which were secured on certain specific movable assets of the company (more particularly mentioned at Page No’s 7 & 8) acquired by the company out of the said financial assistance and the movable assets charged by way of Hypothecation Deed(s) executed by the Company in favour of IDBI. 3. The Government of India vide Trust Deed dated September 24, 2004 has set up a Trust under the name of “Stressed Assets Stabilization Fund” (SASF). SASF is having its Principal Office at IDBI Tower, Cuffe Parade, Mumbai – 400005. Pursuant to the Transfer Deed dated September 30, 2004, IDBI Bank inter alia, assigned / transferred to SASF the financial assistance granted by them to Uma Maheswari Mills Limited, the Borrower, together with all under lying securities and all rights in respect thereof, for valuable consideration to SASF. Thus, SASF has the absolute right, title, interest and authority to recover all the monies owned by the Borrower to IDBI Bank and to enforce the securities created by the Borrower in favour of the IDBI Bank. Therefore, for all the practical purposes, SASF would be treated as if it has stepped into the shoes of IDBI Bank. 5 4. The movable properties proposed to be sold are exclusively charged/hypothecated to SASF. The outstanding dues of SASF as on July 01, 2013 are Rs. 10637.14 lakh 5. In the C.A.Nos. 285 and 286 and 542 of 2013 filed by Rajsriya Automotive Industries P Ltd (Purchaser of Land) in C.P. 173 of 2001, the Hon’ble Madras High Court vide order dated July 23, 2013 directed sale of the machinery 6. The list of movable properties of the Borrower put on sale is mentioned in page Nos.7, 8 and 9 in the Tender Document. -------- 6 Uma Maheshwari Mills Limited (In Liquidation) Brief Description of the movable properties I. (Description is as per the charge / hypothecated by the borrower with SASF) LOT- I Sr Description of .n the o. Machineries 1 Lakshmi Rieter Ring Frame Model G5/1 1008 Spindles 2 Lakshmi Simplex speed frame model LF - 1400 Lakshmi Rieter Draw frame model DO/2S “Muratec”- No 7-II Autocover – 60 Drums (Imported) Cleaner Missing Rieter Unilap machine Cherry Hara combers 3 4 5 6 Qty Manufactu ring company Machine No. 6 1440 1474 3492 854 1111 4179 2 459 Location where machineries located section wise 1990 1990 1992 1988 1989 1993 1995 Machine No. assigned by the company section wise 3 4 5 18 20 24 3 1195 1988 5 Preparatory II 3 5233 5527 5273 1987 1988 1987 2 8 5 Preparatory I Preparatory I Preparatory I 1 935 X 35106-001 1994 -- Preparatory I 1 1045 1985 - Preparatory I 4 1999 1 2 3 4 2 3 4 5 6 - Preparatory Preparatory Preparatory Preparatory Preparatory Preparatory Preparatory Preparatory Preparatory Preparatory - 3 Preparatory II 7 Carding machines model – DK – 760 5 8 Trumac chutes Cherry Hara draw frame 5 958061 958062 958064 958063 109212-B 109206-A 109206-B 111611A 111611B - 1 940272 9 7 Year of Purcha se Spinning Spinning Spinning Spinning Spinning Spinning Preparatory II II II II II II II II II II II 10 model D-600 Genset (380 /320 KVA) 3 91303AK0 2 89308A64 25 (Radiator, Injector assembly missing) 94210231 8 (Engine missing) 1968 -- Generator shed 1968 -- Generator shed 1992 -- Generator shed LOT-II II. Brief Description of the movable properties (Description is as per the charge / hypothecated by the borrower with SASF/Cholamandalam Investment & Finance Co Ltd) Sr .n o. Description of the Machineries 1 Lakshmi Rieter crystalline carding machine model KTTM Ring Frame model RH240I 2 Qty Manufactu ring company Machine No. 1 4243 Year of Purcha se 1 1971101 8 Location where machineries located section wise - Machine No. assigned by the company section wise 11 -- -- Preparatory II Preparatory II Terms and Conditions 1. The Tender document can be obtained from 04.08.2014 to 02.09.2014. The Tender Document can also be downloaded from SASF Website www.sasftrust.com and https://sarfaesi.abcprocure.com during the period. The cost of Tender Document is Rs.1000/. The DD/ Pay order for Tender document shall be drawn on SASF and payable at Mumbai. Tender Document fee will not be refunded and/ or adjusted. Also it can be obtained from Shri Nitin Sawant, DGM, SASF, 5th Floor, IDBI Tower, WTC Complex, Mumbai - 400005, (T) + 91 22 66552070, (F) + 91 22 22150855, (email) [email protected] or from Atul Gokhale, Manager (T)+91 22 66263984 (e-mail) [email protected] 2. The Reserve price for all the movable assets is Rs 149.60 lakh. 3. The interested buyers can inspect the said movable assets, which are on sale between 11.00 am to 04.00 pm at their own cost on August 22,2014 in the presence of an official of SASF/Official Liquidator office available at the site to facilitate the inspection 4. The interested buyers may submit their unconditional and unqualified bids in two separate sealed covers to the DGM, SASF, 5th floor, IDBI Tower, WTC Complex, Mumbai-400005, so as to reach him not later than 12.00 noon on September 03,2014. One sealed cover containing a demand Draft (DD) for EMD as indicated in the sale advertisement, drawn in favour of „Stressed Assets Stabilization Fund ‟payable at Mumbai as Earnest Money Deposit (EMD), which shall be super scribed “EMD for movable property of Uma Maheshwari Mills Ltd (in Liq)” and another sealed cover super scribed with “Tender for Uma Maheshwari Mills ltd (in Liq)-sale of movable properties containing the Tender amount”. 5 Auction sale / bidding would be only through “Online Electronic Bidding” process through the website https://sarfaesi.abcprocure.com Intending bidders should hold a valid email address and register their names at portal https://sarfaesi.abcprocure.com and get their User ID and password free of cost from M/s E-Procurement Technologies Ltd. (ETL), whereupon they would be allowed to participate in online e-auction 6 Prospective bidders may avail online training on E-Auction from M/s ABC PROCURE (EProcurement Technologies Ltd.), Ahmedabad [Help Line Nos. : 079-40230 804/805/806/813/816/818/814;Contact Persons: Mr. Tilak Maratha, Mobile No.09067799646 E-mail: [email protected], Mr. Vijay Shetty, Mobile No. 09619002431 E-mail: [email protected] , Mr.Vishal Tiwari, Mobile No. 08140094365, E-mail: [email protected] Fax No.079-40016876/816 7 The second cover of only those tenderers will be opened whose cover containing EMD have been found to be in order. The amount of EMD will not carry any interest. 8. The successful tenderer will be informed in writing about the decision of Secured Creditor by AO as expeditiously as possible and will be required to deposit 25% of the sale price by DD drawn in favour of Stressed Assets Stabilization Fund, Mumbai payable at Mumbai at the time of the sale. The balance 75% of the sale price shall have to be paid within 15 days there from the date of intimation of acceptance of the bid/s or such extended period as may be agreed upon in writing as per the directions of AO. The successful bidder will not be entitled for possession of the assets until the entire amount is paid. 9 8. 9. In the event of, the successful tenderer failing to deposit the 25% of the sale price, SASF shall forfeit the EMD and the amount deposited, if any, and if the successful tenderer fails to deposit the balance sale price, in full, then he/she shall forfeit the EMD and the amount so deposited. 10. In the event of highest tenderer failing to comply with the payment terms, SASF reserves the right to sell the secured Assets to the second /third highest tenderer in the above manner, which shall also be treated as the successful tenderer mentioned in terms of this tender Document. 11. The defaulting purchaser (successful tenderer) shall forfeit all claims to the Secured Assets or to any part of the sum for which it may be subsequently sold. 12 On confirmation of sale and if the terms of payment have been complied with, the successful purchaser shall prepare all documents as are necessary for transferring/conveying the movable assets in favour of successful purchaser and shall submit the draft for approval of SASF/OL before engrossment. The purchaser shall pay necessary expenses, all incidental expenses and tax liabilities, if any on the transfer of the said movable assets, document and completing the sale transaction. 13 The successful purchaser shall complete the sale formalities and take delivery of the assets sold at his own cost within 30 days from the date of payment of full purchase consideration or otherwise the said assets shall remain at the entire risk of the purchaser in all respect after expiry of 30 days 14 The sale of Secured Assets is on “ as is where is‟‟ basis and “as is what is „‟ basis and “whatever there is” basis and “no recourse‟‟ basis. The description of movable properties is based on the inventory prepared by the valuer appointed by SASF 15 The interested buyers may carry out their own due diligence. They may also verify at their own cost and their own interest details of movable properties and any other relevant information before submitting the tenders. 16 The purchaser of the movable assets has to discharge the tax liabilities, if any, without seeking any reimbursement from SASF. 17 SASF shall be at liberty to amend/modify/delete/drop any of the above conditions as may be deemed necessary in the light of the facts and circumstances and also to withhold/defer/withdraw the auction /sale without assigning any reason at any time during the process of the sale 18 A tenderer shall be deemed to have full knowledge of the relevant documents, movable assets etc .whether he/she inspects or visits or not. 19. The AO reserves the right to accept or reject any or all bids / tenders without assigning any reasons. In case, all the tenders are rejected, AO can negotiate with any of the tenderers or other parties for sale of the Secured Assets by private treaty. 20. All disputes arising amongst the parties shall be adjudicated according to Indian Law and the Courts in Mumbai alone shall have jurisdiction to entertain /adjudicate such disputes. 10 Annexure I Tender for purchase of movable Equipment’s. MUma Maheshwari Mills Ltd(In Liquidation). Name and particulars of the Tenderer : Tenderer's Permanent Account Number (PAN) : Tender amount : Machinery as per Annexure Rs. Name and particulars of the person in whose name the assets are to be purchased. Particulars of DDs and cheques: Brief profile of the Tenderer / Purchaser I have read the terms and conditions of the Tender and have perused the relevant paper and have carried out my own due diligence. In case any information is found to be incorrect, I shall not hold SASF responsible for the same and shall not have any claim against either of them. Date:_____________ Place:____________ Signature of the duly authorized official of the Tenderer 11 Annexure II Earnest Money Deposit for purchase of movable Equipment’s. MUma Maheshwari Mills Ltd (In Liquidation). Name and particulars of the Tenderer Tenderer's Permanent Account Number (PAN) Earnest Money Deposit Machineries as per Annexure : : Rs Name and particulars of the person in whose name the assets are to be purchased. Particulars of DDs and cheques: I have the terms and conditions of the Tender and have perused the relevant paper and have carried out my own due diligence. In case any information is found to be incorrect, I shall not hold SASF responsible for the same and shall not have any claim against them. Date:_____________ Place:____________ Signature of the duly authorized official of the Tenderer. 12 (To be submitted along with Tender in cover II) (On Rs. 100/-Stamp Paper) Annexure III DECLARATION To Mr Nitin Sawant, Authorised Officer, Deputy General Manager, Stressed Assets Stabilization Fund, 5th Floor, IDBI Tower, WTC Complex, Cuffe Parade, Mumbai – 400 005. Date: I/We, the Tenderer/s do hereby state that, I/We have read the entire terms and conditions of the Tender document and advertisement and understood them fully and have carried out our own due diligence. I/We, hereby unconditionally agree to conform with and to be bound by the said terms and conditions. I/We further declare that I/We intend to purchase the Movable Assets of Uma Maheshwari Mills Ltd(in Liquidation) available at plot Nos.86-89, SIPCOT Industrial Estate, Bangalore Main Road, District Hosur, in state of Tamil Nadu for our own use / business and that the information revealed by me / us in the Tender document is true and correct to the best of my / our belief. I / We agree that if any of the statement / information revealed by me / us is found to be incorrect and / or untrue, the Tender submitted by me / us is liable to be cancelled and the SASF is at liberty to annul the offer made to me. In case our Tender for purchase of Movable Assets is accepted by the Stressed Assets Stabilization Fund (SASF) and I / We fail to accept the terms & conditions of the sale or am / are not able to complete the transaction within the specified period for any reason whatsoever and/or fail to fulfill any / all the terms & conditions of the Tender documents and the Earnest Money Deposit and any other monies paid by me/us are liable to be forfeited and that SASF has also a right to proceed against me/us for specific performance of the contract. Yours faithfully, (M/s. ……………………………….) Signature of Tenderer Name of Tenderer : Address Office : Residence : Tel.No. Office & Res. : Fax No. : E-Mail address : Mobile No. : 13 Annexure – IV CERTIFICATE OF SALE (FOR MOVABLE PROPERTIES) Pursuant to the order dated July 23, 2013 passed by Hon‟ble High Court of Judicature, Madras in CP. No. 173/2001, the undersigned being the Authorised Officer of the Stressed Assets Stabilization Fund, having its principle office at 5th Floor, IDBI Tower, WTC Complex, Cuffe Parade, Mumbai – 400 005 has in consideration of the payment of Rs. ………(Rupees ………………………………..) sold on behalf of Stressed Assets Stabilization Fund [hereinafter collectively referred to as "the Secured Creditor" in favour of ………..(purchaser), the following movable property (major part) secured in favour of the Secured Creditors on first charge basis by Uma Maheshwari Mills Ltd (in Liq), a company registered under the Companies Act, 1956 having its Registered Office at 5/239, State Bank Colony No 2, Salem 636004 and towards the financial facilities extended by IDBI (Since assigned to SASF) & (some part) allegedly to be with Cholamandalam DBS Finance Limited. The delivery and possession of the items listed below has been handed over to the above said purchaser. Sd/ (Mr Nitin Sawant ) Authorised Officer Stressed Assets Stabilization Fund Date : Place : Mumbai Encl: List of movable properties 14
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