PUBLIC NOTICE - sasftrust Notice - Newspaper.pdf · 2015. 12. 17. · RTGS/NEFT in the Account No....

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BEFORE THE RECOVERY OFFICER IN DEBTS RECOVERY TRIBUNAL - II AT MUMBAI 5TH FLOOR, SCINDIA HOUSE, NAROTTAM MORARJI MARG, BALLARD ESTATE, MUMBAI - 400 038 Asset Reconstruction (Company) India Limited ] …Applicant Assignee of Certificate Holder V/s The Official Liquidator attached to the Hon'ble Delhi High Court as ] Liquidator of Daewoo Motors India Limited and Others ] …Certificate Debtors PUBLIC NOTICE RECOVERY PROCEEDING NO.1 OF 2012 IN O.A.NO.162 OF 2002 Whereas Hon'ble Presiding Officer, Debts Recovery Tribunal No.III Mumbai has drawn up the Recovery Certificate in Original Application No 162 of 2002 for recovery of Rs.511,02,84,697.00 is recoverable together with further interest, costs and charges as per the Recovery Certificate/Decree. And Whereas on the 30th October, 2015, (the date fixed for sale) there will be due under the said Recovery Certificate a sum of Rs.1474,73,04,019.63 with costs and interest thereon. And Whereas the undersigned has ordered the sale of the attached / mortgaged properties of the Certificate Debtor in three Lots as mentioned in the Schedule with the known encumbrance on "as is where is' and "as is what is basis" towards satisfaction of the said Recovery Certificate. Notice is hereby given that the said properties shall be sold by the undersigned by Electronic Public Auction on 30th October, 2015, in the premises of the Tribunal through E-Auction Agency MSTC. at their website/portal http://www.mstcindia.co.in between 2.00 p.m to 3.00 p.m with auto extension clause, ie the end time of E-Auction will be extended by10 minutes each time if bid is made in the last 5 minutes before close of E-Auction. The public at large is hereby invited to bid in the said E-Auction. The online offers alongwith EMD Amount is payable by way of RTGS/NEFT in the Account No. 02912320000561, HDFC Bank, Kamla Mills Compound, Senapati Bapat Marg, Lower Parel, Mumbai 400 013, IFSC Code No: HDFC0000291 of the Assignee of the Certificate Holder Bank at Mumbai. Attested photocopy of TAN/PAN card and Address Proof shall be uploaded with the online offer. The offer for more than one Lot shall be made separately. The last date for submission of online offers alongwith EMD and the other information/details is 26th October, 2015, by 4.30 p.m. The physical inspection of the properties may be taken between 2.00 p.m and 4.00 p.m on date 20th October, 2015, at the property site. For Lot No.1 and for immovable properties of Lot No.3, 1. The purchaser shall deposit 25% of the purchase price less the amount of EMD by RTGS/NEFT, except in the cases covered by clause 22 of General Conditions in which case mode of payment would be demand draft/pay orders), to the credit of Account No. 02912320000561, HDFC Bank, Lower Parel Branch, Mumbai, IFSC Code No: HDFC0000291 of the applicant bank as soon as the auction is knocked down in his favour and in default of such payment the property shall be resold. The balance of 75% of the bid amount shall be paid by Demand Draft/Pay Order/Bankers Cheque drawn in favour of Recovery Officer DRT - II, Mumbai in RP No. 1 of 2012 and poundage fee shall be deposited in the name of Registrar, DRT - II, Mumbai on or before the 15th day from the date of the sale. If the payments are not so made, the costs/expenses of the auction may be deducted and the balance amount shall be liable to be forfeited and credited to the Applicant Bank/Financial Institution for adjustment against the certified dues. For Lot No.2. 2. The EMD amount shall be deposited by RTGS/NEFT except in the cases covered by clause 22 of General Conditions ( in which case mode of payment would be demand draft/pay orders ), in the Bank account mentioned in the sale notice and remaining amount of purchase price shall be deposited by D.D./Pay Order/Bankers Cheque drawn in favour of Recovery Officer, DRT - II, Mumbai and the poundage fee shall be deposited in the name of Registrar, DRT - II, Mumbai at the time of the sale or immediately thereafter as the Tribunal/Recovery Officer conducting the auction directs and in default of payment, the property shall forthwith be put up for auction again. For Lot No. 3: - Which is combined lot of above Immovable and Movable properties, payment terms shall be strictly as provided for Lot Nos 1 & 2. The refund of EMD to the unsuccessful bidders at the close of auction shall be made only in the account number mentioned by such bidder by the concerned bank. The sale shall be subject to the laws for the time being in force, provisions contained in the Regulations of Practice, 2010 and terms and conditions of sale attached with Bid Application Form. The terms and conditions of e-auction and detailed description of the properties can be collected from the O/o Applicant Assignee i.e. ARCIL, 10th floor, The Ruby, 29 Senapati Bapat Marg, Dadar (West), Mumbai 400 028 (Contact Person Mr G. Jayachandran, Assistant Vice President) and are also available at website www.arcil.co.in. Offers not received in prescribed tender form and after the prescribed date are liable to be rejected. The properties will not be sold below the reserve price mentioned in the Schedule. SCHEDULE No. of Lots Description of property with the name of owners. Tax assessed on the property Known Encum-brances on the property. Valuation/Also State Valuation given, if any, by the Certificate Debtors 1 2 3 4 5 I Not Known All that piece and parcel of lease hold land bearing plot no. A-1 situated at Surajpur Industrial Area, Greater Noida, Gautam Budha Nagar, Tehsil-Dadri, Distt: Ghaziabad, U.P admeasuring 204 acres i.e. 8,25,612.23 sq mtrs or thereabout, taken on lease (from U.P State Industrial Development Corporation Ltd (UPSIDC), Ghaziabad (Lessor) for a period of 90 years from November 18,1987. The lease rent payable to UPSIDC is @ Rs. 100/- per acre per year for first thirty year, @ Rs. 150/- per acre per year from the period next thirty years @ Rs. 250/- pr acre per year for the period for next thirty years. The same is bounded as under. 1. On or towards the North by others land. 2. On or towards the South by 30m approach road 3. On or towards the East by others land. 4. On or towards the West by Noida-Dadri Road. Together with all the structures standing thereon and building constructed thereon and as per description given in Clauses A.B & D of Valuation Report dated 15.10.14. on Page No. 19. Mortgaged property 757,38,94,000/- 6 7 8 9 10 See Note below 76.00 Crores 756,58,94,000/- 8.00 Crores Claims, if any, which have been put forward and any other known particulars its nature and value Reserve Price below which the property will not be sold (in Rs.) EMD Amt (In Rs.) Incremental Bid Amt (Bidders to increase their bids in the multiples of amount (In Rs.) Remarks No. of Lots Description of property with the name of owners. Tax assessed on the property Known Encum-brances on the property. Valuation/Also State Valuation given, if any, by the Certificate Debtors 1 2 3 4 5 II Not Known Plant and Machinery, including Car Plant, Engine and Transmission Axle Plant and Aluminium Die-Casting Plant and Power Plant (except the Vendor Toolings and Current Assets) and furniture and fixtures and as per description given in Clauses C & E of Valuation Report dated 15.10.14. on Page No. 19. Mortgaged property 219,30,00,000/- 6 7 8 9 10 See Note below 22.00 Crores 219,30,00,000/- 2.00 Crores Claims, if any, which have been put forward and any other known particulars its nature and value Reserve Price below which the property will not be sold (in Rs.) EMD Amt (In Rs.) Incremental Bid Amt (Bidders to increase their bids in the multiples of amount (In Rs.) Remarks No. of Lots Description of property with the name of owners. Tax assessed on the property Known Encum-brances on the property. Valuation/Also State Valuation given, if any, by the Certificate Debtors 1 2 3 4 5 III Not Known Composite of above Lot Nos. I and II and as per description given in Clauses A B C D & E of Valuation Report dated 15.10.14. on Page No. 19. Mortgaged property 975,88,94,000/- 6 7 8 9 10 See Note below 98.00 Crores 975,88,94,000/- 10.00 Crores Claims, if any, which have been put forward and any other known particulars its nature and value Reserve Price below which the property will not be sold (in Rs.) EMD Amt (In Rs.) Incremental Bid Amt (Bidders to increase their bids in the multiples of amount (In Rs.) Remarks Note: The physical possession of the above properties (Fixed Assets) is with earlier auction purchaser (3rd party) i.e. M/s. Pan India Motors Pvt. Ltd. (Pan India) and therefore it is necessary to quote following note for the information of general public at large. It is a matter of record of this Tribunal that this Tribunal vide its order dated 22.11.2012 had set aside the sale of the Fixed Assets in favour of Pan India and the Receiver, Applicant Assignee i.e. Arcil, was directed to take possession from Pan India, However, the physical possession of the Fixed Assets continues to be with Pan India by and under interim order dated 25.07.2014 passed by the Hon'ble Bombay High Court in Writ Petition No.2648 of 2014 filed by Pan India challenging the order dated 08.01.2014 passed by the Hon'ble DRAT inter alia upholding the setting aside order. The Hon'ble Bombay High Court, while granting status-quo with regard to the possession of Pan India over the Fixed Assets, inter alia allowed this Tribunal to re-auction the Fixed Assets and therefore, this Tribunal has proceeded to put the Fixed Assets for sale by the present e-auction. It is pertinent to record that as directed in the said interim order dated 25.07.2014, the present sale of the Fixed Assets cannot be confirmed by this Tribunal till further orders that may be passed in the said Writ Petition. It is also pertinent to record that though the Receiver (if any) has been appointed, by the said order dated 22.11.2012 of Hon'ble Bombay High Court, Pan India continues / may continue to be in possession of the Fixed Assets. In the circumstances, the duty of the Receiver has been restricted merely to comply with the directions passed by this Tribunal and the Hon'ble Bombay High Court with regard to inventory and valuation of the Fixed Assets. So far as the safeguarding and insuring the Fixed Assets are concerned, it shall be the duty of Pan India as also observed by the Hon'ble Bombay High Court in the aforesaid interim order dated 25.07.2014. Arcil has already brought to the notice of this Tribunal about its contentions that Pan India is not properly safeguarding/insuring the Fixed Assets and the said issue is pending for hearing in the said Writ Petition. In any event, before putting the Fixed Assets for present sale auction, it is hereby clarified that Arcil, who was appointed as the Receiver by this Tribunal vide order dated 22.11.2012 does not have the actual/physical possession of the Fixed Assets and the same continues to be with Pan India for the reasons stated above and hence the Fixed Assets shall be sold in the above sale auction bringing notice to the public that physical possession is with M/s. PAN India, which is subject to the outcome of the said Writ Petition. ARCIL (Applicant Assignee) and SASF (Defendant No.3A) are the 1st charge holders of the Fixed Assets and the sale proceeds among the claimants, if any, shall be distributed in accordance with law, as per priorities. Facilitator Bank Branch : HDFC Bank, Kamla Mills Compound, Senapati Bapat Marg, Lower Parel, Mumbai 400 013 Official Designated : Mr. G. Jayachandran, Asstt. Vice President, Mobile No: 9833654945 Given under my hand and seal of this Tribunal at Mumbai on this 23rd day of September, 2015. (B.S. Sane) RECOVERY OFFICER, MUMBAI DRT II SEAL

Transcript of PUBLIC NOTICE - sasftrust Notice - Newspaper.pdf · 2015. 12. 17. · RTGS/NEFT in the Account No....

Page 1: PUBLIC NOTICE - sasftrust Notice - Newspaper.pdf · 2015. 12. 17. · RTGS/NEFT in the Account No. 02912320000561, HDFC Bank, Kamla Mills Compound, Senapati Bapat Marg, Lower Parel,

BEFORE THE RECOVERY OFFICER IN DEBTS RECOVERY TRIBUNAL - II AT MUMBAI5TH FLOOR, SCINDIA HOUSE, NAROTTAM MORARJI MARG, BALLARD ESTATE, MUMBAI - 400 038

Asset Reconstruction (Company) India Limited ] …Applicant Assignee of Certificate Holder V/sThe Official Liquidator attached to the Hon'ble Delhi High Court as ]Liquidator of Daewoo Motors India Limited and Others ] …Certificate Debtors

PUBLIC NOTICERECOVERY PROCEEDING NO.1 OF 2012 IN O.A.NO.162 OF 2002

Whereas Hon'ble Presiding Officer, Debts Recovery Tribunal No.III Mumbai has drawn up the Recovery Certificate in Original Application No 162 of 2002 for recovery of Rs.511,02,84,697.00 is recoverable together with further interest, costs and charges as per the Recovery Certificate/Decree.

And Whereas on the 30th October, 2015, (the date fixed for sale) there will be due under the said Recovery Certificate a sum of Rs.1474,73,04,019.63 with costs and interest thereon. And Whereas the undersigned has ordered the sale of the attached / mortgaged properties of the Certificate Debtor in three Lots as mentioned in the Schedule with the known encumbrance on "as is where is' and "as is what is basis" towards satisfaction of the said Recovery Certificate.

Notice is hereby given that the said properties shall be sold by the undersigned by Electronic Public Auction on 30th October, 2015, in the premises of the Tribunal through E-Auction Agency MSTC. at their website/portal http://www.mstcindia.co.in between 2.00 p.m to 3.00 p.m with auto extension clause, ie the end time of E-Auction will be extended by10 minutes each time if bid is made in the last 5 minutes before close of E-Auction. The public at large is hereby invited to bid in the said E-Auction. The online offers alongwith EMD Amount is payable by way of RTGS/NEFT in the Account No. 02912320000561, HDFC Bank, Kamla Mills Compound, Senapati Bapat Marg, Lower Parel, Mumbai 400 013, IFSC Code No: HDFC0000291 of the Assignee of the Certificate Holder Bank at Mumbai. Attested photocopy of TAN/PAN card and Address Proof shall be uploaded with the online offer. The offer for more than one Lot shall be made separately. The last date for submission of online offers alongwith EMD and the other information/details is 26th October, 2015, by 4.30 p.m. The physical inspection of the properties may be taken between 2.00 p.m and 4.00 p.m on date 20th October, 2015, at the property site.

For Lot No.1 and for immovable properties of Lot No.3,1. The purchaser shall deposit 25% of the purchase price less the amount of EMD by RTGS/NEFT, except in the cases covered by

clause 22 of General Conditions in which case mode of payment would be demand draft/pay orders), to the credit of Account No. 02912320000561, HDFC Bank, Lower Parel Branch, Mumbai, IFSC Code No: HDFC0000291 of the applicant bank as soon as the auction is knocked down in his favour and in default of such payment the property shall be resold. The balance of 75% of the bid amount shall be paid by Demand Draft/Pay Order/Bankers Cheque drawn in favour of Recovery Officer DRT - II, Mumbai in RP No. 1 of 2012 and poundage fee shall be deposited in the name of Registrar, DRT - II, Mumbai on or before the 15th day from the date of the sale. If the payments are not so made, the costs/expenses of the auction may be deducted and the balance amount shall be liable to be forfeited and credited to the Applicant Bank/Financial Institution for adjustment against the certified dues.

For Lot No.2.2. The EMD amount shall be deposited by RTGS/NEFT except in the cases covered by clause 22 of General Conditions ( in which case

mode of payment would be demand draft/pay orders ), in the Bank account mentioned in the sale notice and remaining amount of purchase price shall be deposited by D.D./Pay Order/Bankers Cheque drawn in favour of Recovery Officer, DRT - II, Mumbai and the poundage fee shall be deposited in the name of Registrar, DRT - II, Mumbai at the time of the sale or immediately thereafter as the Tribunal/Recovery Officer conducting the auction directs and in default of payment, the property shall forthwith be put up for auction again.

For Lot No. 3: - Which is combined lot of above Immovable and Movable properties, payment terms shall be strictly as provided for Lot Nos 1 & 2. The refund of EMD to the unsuccessful bidders at the close of auction shall be made only in the account number mentioned by such bidder by the concerned bank. The sale shall be subject to the laws for the time being in force, provisions contained in the Regulations of Practice, 2010 and terms and conditions of sale attached with Bid Application Form. The terms and conditions of e-auction and detailed description of the properties can be collected from the O/o Applicant Assignee i.e. ARCIL, 10th floor, The Ruby, 29 Senapati Bapat Marg, Dadar (West), Mumbai 400 028 (Contact Person Mr G. Jayachandran, Assistant Vice President) and are also available at website www.arcil.co.in. Offers not received in prescribed tender form and after the prescribed date are liable to be rejected. The properties will not be sold below the reserve price mentioned in the Schedule.

SCHEDULENo. of

Lots

Description of property with the name of owners.

Tax assessed on the

property

Known Encum-brances on the property.

Valuation/Also State Valuation given, if any,

by the Certificate Debtors

1 2 3 4 5

I Not Known All that piece and parcel of lease hold land bearing plot no. A-1 situated at Surajpur Industrial Area, Greater Noida, Gautam Budha Nagar, Tehsil-Dadri, Distt: Ghaziabad, U.P admeasuring 204 acres i.e. 8,25,612.23 sq mtrs or thereabout, taken on lease (from U.P State Industrial Development Corporation Ltd (UPSIDC), Ghaziabad (Lessor) for a period of 90 years from November 18,1987. The lease rent payable to UPSIDC is @ Rs. 100/- per acre per year for first thirty year, @ Rs. 150/- per acre per year from the period next thirty years @ Rs. 250/- pr acre per year for the period for next thirty years. The same is bounded as under.1. On or towards the North by others land.2. On or towards the South by 30m approach road3. On or towards the East by others land.4. On or towards the West by Noida-Dadri Road.Together with all the structures standing thereon and building constructed thereon and as per description given in Clauses A.B & D of Valuation Report dated 15.10.14. on Page No. 19.

Mortgaged property

757,38,94,000/-

6 7 8 9 10

See Note below 76.00 Crores756,58,94,000/- 8.00 Crores

Claims, if any, which have been put forward and any other known particulars its nature and value

Reserve Price below which the property will

not be sold (in Rs.)

EMD Amt(In Rs.)

Incremental Bid Amt (Bidders to increase their bids in the multiples of amount (In Rs.)

Remarks

No. of

Lots

Description of property with the name of owners.

Tax assessed on the

property

Known Encum-brances on the property.

Valuation/Also State Valuation given, if any,

by the Certificate Debtors

1 2 3 4 5

II Not Known Plant and Machinery, including Car Plant, Engine and Transmission Axle Plant and Aluminium Die-Casting Plant and Power Plant (except the Vendor Toolings and Current Assets) and furniture and fixtures and as per description given in Clauses C & E of Valuation Report dated 15.10.14. on Page No. 19.

Mortgaged property

219,30,00,000/-

6 7 8 9 10

See Note below 22.00 Crores219,30,00,000/- 2.00 Crores

Claims, if any, which have been put forward and any other known particulars its nature and value

Reserve Price below which the property will

not be sold (in Rs.)

EMD Amt(In Rs.)

Incremental Bid Amt (Bidders to increase their bids in the multiples of amount (In Rs.)

Remarks

No. of

Lots

Description of property with the name of owners.

Tax assessed on the

property

Known Encum-brances on the property.

Valuation/Also State Valuation given, if any,

by the Certificate Debtors

1 2 3 4 5

III Not Known Composite of above Lot Nos. I and II and as per description given in Clauses A B C D & E of Valuation Report dated 15.10.14. on Page No. 19.

Mortgaged property

975,88,94,000/-

6 7 8 9 10

See Note below 98.00 Crores975,88,94,000/- 10.00 Crores

Claims, if any, which have been put forward and any other known particulars its nature and value

Reserve Price below which the property will

not be sold (in Rs.)

EMD Amt(In Rs.)

Incremental Bid Amt (Bidders to increase their bids in the multiples of amount (In Rs.)

Remarks

Note:

The physical possession of the above properties (Fixed Assets) is with earlier auction purchaser (3rd party) i.e. M/s. Pan India Motors Pvt. Ltd. (Pan India) and therefore it is necessary to quote following note for the information of general public at large.

It is a matter of record of this Tribunal that this Tribunal vide its order dated 22.11.2012 had set aside the sale of the Fixed Assets in favour of Pan India and the Receiver, Applicant Assignee i.e. Arcil, was directed to take possession from Pan India, However, the physical possession of the Fixed Assets continues to be with Pan India by and under interim order dated 25.07.2014 passed by the Hon'ble Bombay High Court in Writ Petition No.2648 of 2014 filed by Pan India challenging the order dated 08.01.2014 passed by the Hon'ble DRAT inter alia upholding the setting aside order.

The Hon'ble Bombay High Court, while granting status-quo with regard to the possession of Pan India over the Fixed Assets, inter alia allowed this Tribunal to re-auction the Fixed Assets and therefore, this Tribunal has proceeded to put the Fixed Assets for sale by the present e-auction. It is pertinent to record that as directed in the said interim order dated 25.07.2014, the present sale of the Fixed Assets cannot be confirmed by this Tribunal till further orders that may be passed in the said Writ Petition. It is also pertinent to record that though the Receiver (if any) has been appointed, by the said order dated 22.11.2012 of Hon'ble Bombay High Court, Pan India continues / may continue to be in possession of the Fixed Assets. In the circumstances, the duty of the Receiver has been restricted merely to comply with the directions passed by this Tribunal and the Hon'ble Bombay High Court with regard to inventory and valuation of the Fixed Assets. So far as the safeguarding and insuring the Fixed Assets are concerned, it shall be the duty of Pan India as also observed by the Hon'ble Bombay High Court in the aforesaid interim order dated 25.07.2014. Arcil has already brought to the notice of this Tribunal about its contentions that Pan India is not properly safeguarding/insuring the Fixed Assets and the said issue is pending for hearing in the said Writ Petition. In any event, before putting the Fixed Assets for present sale auction, it is hereby clarified that Arcil, who was appointed as the Receiver by this Tribunal vide order dated 22.11.2012 does not have the actual/physical possession of the Fixed Assets and the same continues to be with Pan India for the reasons stated above and hence the Fixed Assets shall be sold in the above sale auction bringing notice to the public that physical possession is with M/s. PAN India, which is subject to the outcome of the said Writ Petition.

ARCIL (Applicant Assignee) and SASF (Defendant No.3A) are the 1st charge holders of the Fixed Assets and the sale proceeds among the claimants, if any, shall be distributed in accordance with law, as per priorities.

Facilitator Bank Branch : HDFC Bank, Kamla Mills Compound, Senapati Bapat Marg, Lower Parel, Mumbai 400 013

Official Designated : Mr. G. Jayachandran, Asstt. Vice President, Mobile No: 9833654945

Given under my hand and seal of this Tribunal at Mumbai on this 23rd day of September, 2015.

(B.S. Sane)

RECOVERY OFFICER,

MUMBAI DRT IISEAL