Wednesday 17 April 2019

CORPORATE UPDATES 17.04.2019






MANUFACTURING ACTIVITIES IN LLPS

Manufacturing & allied activities were restricted in LLPs vide OM No. CRC/LLP/e-Forms dated 06.03.2019. This OM invoking the restriction regarding manufacturing & allied activities has been withdrawn with immediate effect
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BANKS’ RECOVERIES FROM IBC CASES FALLING

Banks’ recoveries from bankruptcy cases are on the decline as demand for sick companies under the Insolvency and Bankruptcy Code has waned. However, fears of losing their companies have pushed more promoters to approach banks with onetime settlements under Sect 12(A) of the code. Data from the Insolvency and Bankruptcy Board of India (IBBI) shows that till September, financial creditors could only get 25 per cent of their claims under the code. Though that ratio has increased to 90 per cent in the single quarter ended December, led by the 100 per cent realisation in the Binani Cement case, the trend is downward. Besides relatively high interest for certain sectors, like, cement and steel companies, there is only a marginal interest for other companies mainly because of the quality of assets, scalability of operations and the sluggish economy. Some of these legacy accounts have unsustainable portion of debts and hence not viable. The delays in the cases have impacted the sentiment which explains the lower realisation, said Babu Sivaprakasam. However, promoters are also willing to pay up and settle the cases. Data from IBBI shows that out of the 142 cases closed, 63 have been withdrawn under Section 12(A) which allows withdrawal of insolvency proceedings against a debtor provided at least 90 per cent of the committee of creditors (CoC) agree. Bankers said the supposed lower recovery should not yet be taken as a trend as they include many old legacy cases which had little or no value. This trend is temporary. The IBC should be seen as an enabler to recovery of new cases and not for the old legacy cases. These legacy cases do not have much of a recovery option left, so financial creditors will have to take some haircut. But as these cases move out of the system, we should expect the recovery to improve, said PR Rajagopal. However, there are growing concerns due to a slowdown in the process. Credit Suisse, in a report last month, said the average time taken for resolution is now around 350 days.
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GUIDANCE NOTE ISSUED BY ICSI ON ANNUAL SECRETARIAL COMPLIANCE

Details are available on below link…
https://www.icsi.edu/media/webmodules/Guidance_Note_on_Annual_Secretarial_Compliance_Report.pdf 
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BANKS MUST FLAG BAD LOANS AS NPAS AFTER 90-DAY DEFAULT: RBI TO NCLAT

The Reserve Bank of India (RBI) on Tuesday told the National Company Law Appellate Tribunal (NCLAT) that banks had an obligation to mark bad loans as non-performing asset (NPA) after the default of 90 days and that the lenders could not be relieved of the same. The banking sector regulator has moved the NCLAT seeking a modification of its February 25 order in which the appellate tribunal had said that accounts of the Infrastructure Leasing & Financial Services (IL&FS) and its subsidiaries could not be classified NPAs without approval. Reflecting such loans as NPA is important on the books of banks as it acts as an early warning signal, senior advocate Gopal Jain appearing for the RBI said. You have to know the real state of the accounts of the banks. Otherwise, if you do not show NPA, you would constantly be booking interest on the loan’s principal amount. It would be a very rosy picture. The whole thing is to have a transparent and fair accounting system, so that the health of the institution is not affected, Jain said. The banking sector regulator said it was not on the question of the resolution process of the IL&FS and just wanted a modification on the order, which would allow banks to record NPAs on their books in terms of the master circular, which was also upheld by the Supreme Court. A two-judge Bench of the NCLAT led by Chairperson Justice S J Mukhopadhaya said that the appellate tribunal was not on the question of whether the RBI and the banks had those powers in terms of the circular, but would only decide if the accounts could be declared NPA. Nobody can challenge your circular as bad We cannot say anything about your circular. We will be deliberating whether it can be declared NPA. The moment it is declared NPA, none of the (IL&FS) companies will go for resolution, the two-judge Bench observed. The case would be next heard on April 29.
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NO WORKMEN’S DUES WHEN COMPANY GOES INTO LIQUIDATION UNDER IBC?

A petition has been filed in the Supreme Court challenging the validity of Section 327(7) of the Companies Act, 2013. A Bench of Chief Justice of India, Ranjan Gogoi and Justice Sanjiv Khanna issued notice to the Central government last week. The petition has been filed by Karamchari Union of Moserbaer India Ltd., a registered Trade Union. It is the petitioner’s case that the legitimate dues of its members like gratuity, provident fund and pension and severance compensation are being denied by the liquidator of the Moser Baer India citing Section 327(7) of the Companies Act, 2013. Section 327 of Companies Act, 2013 was amended in 2016 and sub-section (7) was introduced vide notification No. 3453 (E). Sub-section (7) of Section 327 bars the application of Section 326 and Section 327 Companies Act, 2013 in the event of liquidation under the Insolvency and Bankruptcy Code (IBC). Thereby, it effectively renders Explanation (II) to Section 53 of the IBC meaningless and otiose. The said Explanation in IBC defines workmen’s dues and it specifically states that it shall adopt the definition from Section 326 of Companies Act, 2013 which is pari materia to Section 529 (A) of Companies Act, 1956. However, with the application of Section 326 excluded by Section 327(7), a void is created insofar as the definition of workmen’s dues is concerned. Section 327 (7) renders the meaning of the Explanation (II) to Section 53 of the Code meaningless and otiose, as Section 327(7) bars the application of Section 326 and Section 327 Companies Act, 2013 to the proceedings under the Code. The explanation defined workmen’s dues and it is specifically stated that it shall adopt the definition from Section 326 of Companies Act, 2013 which is pari materia to Section 529 (A) Companies Act, 1956. It is pertinent to mention that the term workmen’s dues are not defined anywhere in the Insolvency and Bankruptcy Code apart from this explanation, therefore, this exclusion clause of the impugned sub-section creates an embargo on the grant of statutory rights of workmen when the company goes into liquidation. The IBC Code of 2016 is subsequent to Companies Act, 2013 and by application of Section 327(7) which was brought in vide notification dated 15.11.2016, a void has been created because this sub-section withdraws the application of Section 326 and 327 to the proceeding under IBC. Therefore, by not defining Workmen Dues in the IBC itself and also by debarring the application of Companies Act, a void has been created, with respect to the definition of workmen dues under the IBC. On the other hand, by excluding the applicability of Companies Act, especially Sections 326 and 327 from the proceedings under the Code, it has created an ambiguity as it fails to define as to what will constitute Workmen’s Dues under the IBC. This the petitioner claims, is a violation of their right to livelihood under Article 21 of the Constitution as it denies the workmen their legitimate dues for the services rendered in the company for a long period of time. It, thereby, denies the workmen their legitimate dues for the services rendered in the company for a long period of time, which runs contrary to the concept to Right to Livelihood enshrined under Article 21 of the Constitution of India. The petitioner has, therefore, prayed for striking down section 327(7) of the Companies Act. They have also prayed for a direction to leave the statutory claims of the workmen’s dues out of the purview of waterfall mechanism under Section 53. The Court issued notice to the Central government and Moser Baer India.
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NCLAT SEEKS ANIL AMBANI'S RESPONSE IN CONTEMPT PLEA MOVED BY HSBC DAISY

The National Company Law Appellate Tribunal (NCLAT) has asked Reliance Communications (RCom) Chairman Anil Ambani to respond to a contempt petition moved by HSBC Daisy Investments (Mauritius) within 10 days. The appellate tribunal will now hear HSBC Daisy’s plea against Ambani and his company Reliance Infratel on May 20. HSBC Daisy had moved the NCLAT alleging that Anil Ambani’s companies Reliance Infratel, Reliance Communications Infrastructure and RCom have breached a consent decree by not paying the Rs 230 crore settlement amount within 180 days of June 29, 2018 when the agreement was taken on record by the appellate tribunal. Minority investors of Reliance Infratel had moved NCLAT alleging oppression and mismanagement after the company had allegedly not taken their consent for the selling the tower and fiber assets. They had moved the NCLAT in an attempt to thwart the then sale to Reliance Jio Infocomm, which had then forced Reliance Infratel to settle the issue with them. Following the agreement, both the parties had submitted to the NCLAT their final consent terms after which the appellate tribunal had allowed both parties to withdraw their appeals. The said agreement amount, however, was never paid, HSBC Daisy has alleged. This is the second such contempt petition moved against Ambani and his companies. Earlier on February 20, The Supreme Court had held RCom Chairman Ambani and two of his top executives guilty of contempt of court for wilfully failing to pay the dues to telecom equipment maker Ericsson. The court had also directed Ambani, Reliance Telecom Chairman Satish Seth, and Reliance Infratel Chairperson Chhaya Virani to pay Rs 453 crore within four weeks or face a jail term of three months. It also slapped a fine of Rs 1 crore each for their cavalier attitude towards the court’s orders.
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IL&FS SHOULD PAY 80% DUES OF SMALL CREDITORS: NCLAT

Emphasising on the repayment of dues to small creditors including provident and pension funds, the National Company Law Appellate Tribunal (NCLAT) on Tuesday observed that IL&FS should distribute funds to small creditors in a manner that 80 per cent of their entitled amounts are paid. As IL&FS submitted the a chart with details of four amber companies, the NCLAT bench headed by Chairperson, Justice S.J. Mukhopadhyay asked the government to provide details on the rest of the nine amber companies. Firms classified as green would continue to meet their payment obligations, while amber companies can meet only operational payment obligations to senior secured financial creditors. The red firms are the entities which cannot meet their payment obligations at all. Thousands of crores of money of more than 15 lakh employees of both public and private sector companies have exposure to IL&FS bonds As these investments were classified as unsecured debt, the funds feared that all money would be lost if all market-related risks fell on them. The tribunal would next hear the matter on April 29.
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KOTAK MAHINDRA BANK MOVES NCLT AGAINST BILT UNIT

Kotak Mahindra Bank has approached the dedicated bankruptcy court against Ballarpur Industries Ltd subsidiary – BILT Graphic Paper Products – for default of Rs 218 crore The company owes about Rs 6,000 crore to its lenders. BILT Graphic was on the so-called second list of 29 defaulting companies of RBI, recommending that these firms be referred for resolution through the Insolvency & Bankruptcy Code (IBC). The Mumbai bench of NCLT, presided over by VP Singh and Ravikumar Duraisamy, has adjourned the admission of the company under IBC to May 5. The respondent (BILT Graphic) can file its response during that time, it added. This is second insolvency plea filed against BILT Graphic Paper.
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ESSARSTEEL LENDERS SEE NO MAJOR CHANGES TO RESOLUTION PROPOSAL

Despite the Supreme Court imposing status quo on the Essar Steel Ltd insolvency case, financial lenders to the stressed steel mill believe they will not have to make any major changes to the current resolution plan. Two members on Essar Steel’s committee of creditors (CoC) and a lawyer advising on the case said on condition of anonymity that tribunals can only recommend changes to a resolution plan, and the Insolvency and Bankruptcy Code entrusts the final commercial decision to the CoC. If you look at the NCLT Ahmedabad offer (dated 8 March), the court advised the CoC and Essar Steel’s resolution professional to consider changes to the resolution plan and take an appropriate decision It didn’t force the plan to be altered, a banker on the CoC said. The court suggested that the 42,000 crore settlement be split 85:15 in favour of the financial creditors, while the remaining could be split between operational creditors and other stakeholders on a pro-rata basis. The CoC took the court’s advice and decided to increase the settlement to operational creditors by 1,000 crore. With this, their settlement would be around 1,200 crore, he said. The CoC as well as the bankruptcy tribunal have approved ArcelorMittal’s 42,000 crore bid for Essar Steel. However, the Supreme Court on 13 April temporarily halted an NCLAT order asking it to pay Essars lenders within 14 days, following a petition from Standard Chartered Bank. The Supreme Court asked NCLAT to dispose all pending appeals in the Essar Steel case first. The tribunal, NCLAT, will hear the matter next on 23 April.
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IL&FS: AUDITOR REGULATOR NFRA PROBING ROLE OF EY, KPMG AND DELOITTE

The newly formed regulator for auditors is probing the role of three of the big four auditors in the alleged financial irregularity in Infrastructure Leasing & Financial Services and two of its group companies. National Financial Reporting Authority (NFRA) has asked Indian arms of EY, KPMG and Deloitte to furnish last few years’ financial details of IL&FS, IL&FS Transportation Networks (ITNL) and IL&FS Financial Services (IFIN), four people with direct knowledge of the matter told. NFRA had issued a letter and sought we submit some financial details including audit reports and documents supporting that for the last three years, said a person working with IL&FS Group. We understand that there would be a detailed scrutiny of the audits. He said the letters were issued to the firms in the last week of March. This is the first probe NFRA has undertaken after it came into force in November last year under the corporate affairs ministry. NFRA would scrutinise the audited accounts and role of the auditors when they audited debt ridden IL&FS and its affiliate firms, the sources said. Investigations would also look into whether the audits were carried out in a negligent or fraudulent manner, said one of the persons close to the development.
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SFIO FINDS DELOITTE DUE DILIGENCE BELOW PAR IN IL&FS FINANCIAL SERVICES AUDIT

The Serious Fraud Investigation Office (SFIO) has found that Deloitte Haskins & Sells did not exercise adequate due diligence while auditing the books of IL&FS Financial Services (IFIN), a subsidiary of Infrastructure Leasing & Financial Services, persons aware of the development told. Deloitte has been with IL&FS and subsidiaries namely IFIN, ITNL, ISSL and many other group companies as its statutory auditor for the last ten years. Its annual average audit fee used to be Rs 13-14 crore and advisory and consultancy fee around Rs 6-8 crore per annum. The firm did not audit IL&FS books with due care and professional skepticism. The probe has revealed that the auditors have failed to perform the duties as mandated under The Companies Act, one of the above mentioned persons told. Audit and credit rating agencies are part of IL&FS failure crisis. There is material evidence to show they failed to apply basic test for transaction analysis They completely overlooked the asset book and had not examined and reported properly, explained the official. There was lack of due diligence with respect to the loans sanctioned by IFIN. There are instances where non-compliance are apparent and the firm turned a blind eye. As you are aware, there are several ongoing investigations by regulators and agencies. Such agencies are in contact with us being the previous auditors. We have provided full support to their investigations and will continue to do so, Deloitte spokesperson said. The revelations come close on the heels of allegations made by an anonymous whistleblower claiming the audit firm helped fudge accounts of IFIN. In a three-page letter to the agency, the whistleblower claimed that the audit and tax consultancy firm was aware of the factual situation on the financial mismanagement and impropriety at IL&FS. The agency is soon likely to submit its chargesheet on those arrested and others. Since they have been found to violate norms under The Companies Act the agency will recommend action as per the Act, added the official.
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TROUBLED POWER COS: AT LEAST 3 FIRMS COULD SEE RESOLUTION IN TWO MONTHS

The resolution of at least three troubled power companies, including Coastal Energen, GMR Chhattisgarh and Jaiprakash Power Ventures, could be completed in the next two months, bankers have indicated. In the case of GMR Chhattisgarh, the Adani Group is expected to take control later this month following a nominal upfront payment. Lenders have agreed to the change in management and will continue to extend loans to the business. Also, all lenders to Jaiprakash Power are expected to approve the restructuring with the existing promoter this week. An ICICI Bank-led consortium had been looking to restructure the business which has piled up a debt of over 20,000 crore the company has plants at Vishnuprayag, Bina and Nigrie. According to the plan, the promoters will make an upfront payment of 20% over the next one year and lenders expect to upgrade the account by quarter ending June 2020. The account, already an NPA (non-performing asset) on the books of most banks, has been classified in the D2 category with at least one large state-owned bank. The lenders with exposure to the project are believed to have made provisions for anywhere between 40%-50% of the total exposure. Lenders are also hoping to complete a one-time settlement with Ahmed Buhari-promoted Coal and Oil group for control of thermal power generation company Coastal Energen. The group that once owned the 1,200-MW thermal plant based in Tamil Nadu has offered to pay 3,000 crore. Lenders are awaiting 10% of the amount upfront either as cash or in the form of bank guarantees. Bankers have been working to resolve stressed power assets outside the Insolvency and Bankruptcy Code (IBC) since September last year. This was after the Supreme Court asked Reserve Bank of India and others to desist from invoking insolvency proceedings against corporate defaulters per the February 12 circular. Resolution to Prayagraj Power Generation Company (PPGCL), however, could stretch further, lenders aware of the developments told. Renascent Power Ventures, arm of Tata Power-backed Resurgent Power Ventures that acquired 75% in PPGCL is unhappy with the Uttar Pradesh energy regulator UPERC’s direction asking to offer a discount of 14 paise/unit on the fixed charges to the state power distribution entity (discom).
 While Renascent Power Ventures has suggested that bankers appeal the UPERC order at the Appellate Tribunal for Electricity, circumstances indicate the process could see a 6-8 month delay. Given the circumstances, PPGCL lenders are considering asking Renascent Power Ventures to comply with the UPERC’s directions or consider bankruptcy proceedings. For lenders, the consideration to appeal the UPERC it is a difficult decision since it could take several months. One interesting factor though is a certain clause within the power purchase agreement with the discoms that gives PPGCL the option not to have to comply with the direction on discount on fixed charges. However, the clause is only valid if 26% stake is with the promoter, which Renascent may not agree to. Around 34 stressed power assets are named in a Parliamentary Standing Committee report and 11 plants, with a capacity of around12-15GW, and a total debt of around Rs 80,000-90,000 crore are being resolved under SAMADHAN (Scheme of Asset Management and Debt Change Structure). Under SAMADHAN, banks are required to assess the sustainable debt of the units.
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JET AIRWAYS NOT TO BE DRAGGED TO NCLT; LENDERS SEEK RESOLUTION BY SEEKING BIDS

The lenders would not drag debt-ridden Jet Airways to National Company Law Tribunal (NCLT) and resolve the issue by seeking investment bids reported citing an unidentified aviation official. It’s not the right time for the lenders to the ailing airline to approach insolvency tribunal to find a solution, the report added. Creditors can take the defaulting company to the NCLT for seeking approval for resolution under the Insolvency and Bankruptcy Code (IBC). Even as the lenders did not take a final decision on providing emergency funds, the funding is expected to come through, the official also added. Vinay Dube, has asked the banks for an immediate infusion of Rs 400 crore into the company.
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LENDERS OF GITANJALI GEMS VOTE FOR ITS LIQUIDATION, CITING TIME OVER-RUN

Lenders of Gitanjali Gems have rejected resolution proposals and have voted for liquidation of the company, which owes over Rs 8,000 crore to creditors, citing time over-run The committee of creditors met on March 28, and with a majority of 54.14 percent, they rejected extension of the resolution process, and chose to go for liquidation the company informed the exchanges Tuesday. The 180 days since the resolution process began ended on April 6. Since extension is not approved by the lenders, the next logical step is to go for liquidation, the company said in a BSE filing.
The corporate affairs ministry had earlier sought the NCLT's intervention to attach the properties owned by Modi, his wife Ami, brother Nishal and uncle Choksi, across the world. Modi and Choksi and their families own or control as many as around 114 companies SEBI is also looking into the matter and the ministry is also seeking the help of the Central Board of Direct Taxes to ascertain the assets of the prime accused and other related parties.
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NCLAT ADJOURNS IL&FS CASE HEARING TO 29 APRIL

The National Company Law Appellate Tribunal (NCLAT) on Tuesday adjourned the hearing on the matter of the debt-ridden Infrastructure Leasing and Financial Services (IL&FS) to 29 April. During the hearing, the tribunal observed that IL&FS should distribute funds to smaller creditors including the investments made by provident funds (PF) and pension funds, in a manner that 80% of their entitled amounts are paid. The Reserve Bank of India (RBI) counsel Gopal Jain said at the hearing that banks' non-performing assets (NPAs or bad loans) should reflect in the books of the banks.
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GDR MANIPULATION: SEBI BARS KASHYAP TECH, 6 OTHERS FROM SECURITIES MARKET

Sebi has barred Kashyap Technologies and six other entities, including Clifford Capital Partners, for at least five years from securities market in a matter related to manipulation of global depository receipts (GDRs). Among the six entities, five were Kashyap Technologies' directors when the violation took place. Besides, Sebi directed Kashyap Technologies ltd (KTL) to continue efforts to recover an outstanding sum of $10.39 million from Clifford Capital Partners, the only subscriber of the company's GDRs. The regulator after an investigation of a GDR issue during December 2007 found that the firm issued 0.49 million GDRs worth $16.5 million on the Luxembourg Stock Exchange. It was observed that the entire 0.49 million GDRs were subscribed by only one entity, Clifford Capital Partners. However, the firm had pledged the GDR proceeds to the bank against the loan given to Clifford for subscription of GDRs, Sebi said in an order on Friday. Regarding the five directors, Sebi said they were the members of the board of directors who approved the resolution regarding the loan agreement to Clifford and thus were part of the fraudulent arrangement of facilitating the subscription of its own GDR. Moreover, $10.39 million was transferred to Clifford by KTL for default in repayment of loan to the bank. The regulator found that the Clifford acquired the GDR, to the extent of $10.39 million for free and at the cost of investors of KTL which cleared the loan of Clifford from the GDR proceeds.
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STOVEC INDUSTRIES PAYS RS 6 LAKH TO SETTLE DISCLOSURE LAPSE CASE WITH SEBI

Stovec Industries has settled an alleged disclosure lapse case with Sebi after paying nearly Rs 6 lakh towards settlement charges According to Sebi, the company suo motu filed an application proposing to settle, without admitting or denying the guilt for alleged delayed compliance of SAST (Substantial Acquisition of Shares and Takeovers) norms. The firm failed to make the requisite disclosures within the stipulated time on three occasions and the disclosures were made subsequently after a delay 14 days, 105 days and 2 days, respectively, the regulator said.
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INDIA’S TOP 500 DEBT-HEAVY COMPANIES TO SAVE UP TO RS 7,000 CRORE, THANKS TO RBI FOREX MOVE

The latest foreign exchange swap window opened by the RBI can reduce the cost of borrowing for the top 500 corporate borrowers of foreign funds in India with a cumulative reduction upto Rs 7,000 crore according to a report. The interest outgo of the top 500 debt-heavy corporate borrowers could cumulatively reduce by Rs 4000 crore-7000 crore, assuming a 0.50%-0.75% reduction in the cost of forex borrowings and a 50bp-200bp rise in the share of forex borrowings in the outstanding debt of these corporates, said India Ratings and Research in a report. The $5 billion reserve swap auction by the RBI was taken in a bid to improve the pace of monetary transmission and improve the liquidity in the economy. Under it, the central bank bought $5 billion from the market through auction for three years on March 2019 and will sell the same amount back to the respective counterparties in March 2022. It is said to take another swap in on April-23. The total settlement volume, as a percentage of forex reserves, increased to 3.28 per cent during March 2019. The report pegs non-food credit growth will reach Rs 11.68 lakh crore in FY20 and the deposit shortfall will be Rs 2.79 lakh crore even after the proceeds from the swap window and an increase in credit-deposit ratio.
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BANDHAN BANK GETS CCI APPROVAL TO ACQUIRE GRUH FINANCE

Bandhan Bank Tuesday said it has received approval of the Competition Commission of India (CCI) for the proposed acquisition of Gruh Finance. Gruh Finance, the affordable housing finance arm of HDFC Ltd, was taken over in January by Bandhan Bank in a share-swap deal. The Competition Commission of India has by way of its letter dated April 15, 2019, intimated that CCI, at its meeting held on April 15, 2019, considered the proposed combination and approved the same, the bank said in a regulatory filing. The swap ratio for the amalgamation would be 568 shares of Bandhan Bank for every 1,000 shares of Gruh Finance.
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WIPRO Q4 NET RISES TO 2,484 CRORE, ANNOUNCES 10,500 CRORE SHARE BUYBACK

Software services exporter Wipro Ltd reported a 38% rise in fourth-quarter profit, helped by a strong performance from its banking, financial services and insurance segment. Net profit rose to 2,484 crore in the three months to March 31, from 1,803 crore in the same period a year earlier. Revenue from its mainstay IT services business grew 11.1%, driving the Bengaluru-based company's total revenue to 15,038 crore 13,824 crore last year. In dollar terms, IT services revenue of Wipro rose to $2,075.5 million, a growth of 1.4% quarter-on-quarter. Wipro announced 10,500 crore share buyback at a price of 325 joining the growing roaster of IT firms returning surplus cash to their shareholders. Cash-rich Indian IT companies have been returning cash in their books to shareholders through buybacks and dividends.
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IDBI BANK LAUNCHES PAPERLESS ACCOUNT OPENING FACILITY FOR NRIS

Non-Resident Indians (NRIs), living in nearly 40 countries, will now be able to open account in IDBI Bank without submitting paper documents, the lender said on Tuesday. IDBI Bank has launched the ‘NRI-Insta-Online’ account-opening process for NRIs residing in Financial Action Task Force (FATF) member countries, it said in a release. NRIs desirous of opening account can now access the ‘NRI Insta-Online’ on the bank’s website via web module, upload the supporting documents and choose the branch in which the account needs to be opened, IDBI Bank said. On the successful uploading and verification of the scanned documents, the account is instantly opened and an electronic advice is sent to the customer.
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CANARA BANK BECOMES THE FIRST PUBLIC SECTOR BANK IN INDIA TO MEET RBI’S EMV MANDATE

ACI Worldwide, a global provider of realtime electronic payment and banking solutions, announced that Canara Bank has successfully rolled out major new functionality to support EMV card acquiring across its ATM network and Aadhaar Authentication, leveraging ACI’s UP Retail Payments solution to achieve market firsts. Canara Bank, one of India’s largest public sector banks with nearly 6,300 branches and a network of more than 10,000 ATMs, is the first public sector bank to shift to EMV chip and PIN for card present transactions across the country’s vast ATM network. The Reserve Bank of India (RBI) had set a deadline of December 31, 2018 for the switch, mandating use of an embedded chip to replace the traditional magnetic stripe card. In addition, functionality developed by ACI and Canara Bank also speeds up the process of Aadhaar number linking, which eases KYC compliance at the bank’s branches.
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THERE IS NO 'MAKE IN INDIA' YET

The latest Index of Industrial Production (IIP) print of just 0.1 percent, a 20-month low, is telling in that it confirms a slowing of the economy through several ground-level checks with dealers and industry players. What’s more worrying, though, is that the average investment proposals are down about 18 percent compared to the fiscal year 2004-2009 period, according to data. Manufacturing—a key driver of growth and a sector that represents the government’s ‘Make in India’ ambition—hasn’t fared better. In fact, the performance in the manufacturing sector has been far worse. The February IIP data actually indicates a 3 percent decline in manufacturing activity, while a longer tenure view reveals that investment proposals for manufacturing have more than halved to Rs 3.1 lakh crore in FY19 from Rs 6.5 lakh crore in FY09. Capacity utilization in most sectors is also far from proving to be an impediment to growth at present. This risk aversion is also anecdotally evidenced in the thinning employment opportunities in the organized sector. Barring IT services and some new-age business, there is hardly any hiring happening across sectors. Another development that will inspire more productive and rational investments is the Insolvency and Bankruptcy Code, but this will also act as a deterrent against companies taking on much debt, thus checking against overleverage, but also constraining large scale expansions due to risk aversion.
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MAKE IN INDIA IS NOT BENEFITING SMES: CONGRESS LEADER

The Make in India has not helped small industries, charged Krishna Byre Gowda, the Congress-Janata Dal (Secular) alliance candidate for Bengaluru North. Byre Gowda said that the Make in India programme favours top business tycoons whereas it has neglected the MSMEs. The state of MSMEs has not improved in the last five years. He said, The BJP-led Centre talks about Make in India. It is only on paper, as a mere slogan. There is no understanding on how it has favoured industrialists. It is important to maintain the balance between the primary, the secondary and the tertiary sectors, he added. The development must take place in all the sectors such as industrial, and agricultural. This will result in a strengthened economic system in the country, he mentioned. He said that it has failed to develop the garment industry, capable of creating employment opportunities on a large scale. As a result, the opportunity has been taken by Bangladesh. Our industrialists have invested in Bangladesh, Gowda said. Demonetization too has affected the sectors. More than 35 lakh people lost their job due to demonetization, he said.
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EGGS, POTATO ON THE MENU AS BSE, NSE TURN AGGRESSIVE IN COMMODITY FUTURES

Stock exchanges, which were thus far competing among themselves in the financial markets space, are now turning aggressive in commodity derivatives as well. Within a matter of six months, they are now looking at several untapped opportunities in agri-commodities, while planning to enter non-agri commodities, such as metal contracts as well. NSE is exploring 8-10 new agri-commodities including eggs, potato, tur and urad. According to sources, potato may come first, as the exchange has established cold storage and other ecosystems. Egg is still at the exploration stage. BSE is exploring around 15 agri commodities including ethanol, tea and coffee. Majority of contracts that these exchanges are looking at are in agri and are not traded on any other online derivative exchange in India. Ethanol futures have takers with sugar mills increasing production, but the regulator has to first permit the product. So far, NSE has not been able to do much in terms of volume, while BSE has seen good interest in its agri contracts. Egg is an interesting item for futures, but is quite perishable. However, some big poultry firms and large retails chains would prefer to hedge their requirements with egg futures. A source close aware of the development said, The regulator is insisting on making egg futures settled in delivery. He said that contract specifications will be crucial for success of of the product, which has vibrant spot market. Poultries can sell in their future produce and big retail chains, traders who have access to cold storages to stock egg powder, and other product makers would be buyers in futures once the contract is actually launched.
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BOND RALLY IN INDIA SOON FACES ANOTHER HEADWIND: MONSOON SEASON

Predictions for below-average rain by a private forecast earlier this month has raised the specter of increasing food costs combining with higher oil prices, even as the state-run weather office Monday said the monsoon is likely to be in the lower end of the normal range. That risk may stay the hand of the Reserve Bank of India from adding to two rate cuts this year even though economic growth is weakening, according to ICICI Bank Ltd. Yields of the nation’s most-traded 2028 bonds have advanced by 12 basis points since the central bank on April 4 disappointed traders by retaining a neutral policy stance. June rate-cut expectations have been unwound and a cut is now being priced much later in the year, partially because of the uncertainty due to monsoons, B. Prasanna, said. The full impact of monsoon rain on inflation will not be known by June and the RBI is understandably always fearful of sharp spikes in inflation.
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UPIS OUTSCORE WALLETS ÀS KYC NORMS, GOOGLE PAY TILT SCALES

The volume of Unified Payments Interface (UPI)-based transactions grew to nearly twice that of transactions made through mobile wallets in February, showed data released by the National Payments Corporation of India (NPCI) and Reserve Bank of India (RBI). With 674 million transactions worth Rs 1.07 lakh crore during February, UPI stood head and shoulders above mobile wallets, which together clocked 345 million transactions worth Rs 14,279 crore during the same month. As UPI trotted out a 293% year-on-year (y-o-y) growth rate for the month, mobile wallet transactions managed to grow only by about 11% y-o-y. While transaction data for wallets is unavailable for March 2019, UPI volumes nudged the 800-million mark last month. On the other hand, wallets have been struggling to make it to 400 million transactions. The two channels had volumes of 406 million and 324 million, respectively, in that month. Industry executives say that the new ‘know your customer’ (KYC) guidelines brought in by RBI that came into force in March 2018 have led to many users abandoning wallets. According to payment gateway provider Razorpay, 62% of all UPI payments in 2018 came through Google Pay, followed by PhonePe (11.9%) and Paytm (9.7%). The growth in UPI has generally been synonymous with a decline in the number of wallet transactions, Harshil Mathur, said.
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NESTLE INDIA TO SEEK SHAREHOLDERS’ NOD EVERY FIVE YEARS ON ROYALTY TO PARENT FIRM

Nestle India has decided to seek shareholders approval every five years on the issue of payment of royalty to its parent company after receiving feedback from investors and proxy advisory firms. The FMCG major, currently pays royalty at the rate of 4.5 per cent of the net sales to Societe des Produits Nestle SA. Nestle India spokesperson said, We received feedback from our shareholders and other stakeholders on the resolution pertaining to royalty payment and as a responsible corporate citizen with high standards of corporate governance modified the resolution. Though the General Licensing Agreements (GLA’s) are reviewed periodically by the Audit Committee, the resolution has been modified to provide for shareholder approval every five years in accordance with applicable laws and regulations, the statement added. The resolution does not propose any revision in rates of royalty payment, the company said.
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JSPL REFUTES ALLEGATIONS OF NOT DISCLOSING INFO ON AUSTRALIAN MINES TO INVESTORS

Jindal Steel and Power Ltd (JSPL) Tuesday refuted allegations of not reporting to the investors issues related to its mines in Australia and termed the charges as false facts. Arun Kumar Jagatramka erstwhile promoter of Gujarat NRE Coke Ltd, has made an extremely shallow attempt by writing a flimsy defamatory piece and the allegations made are incorrect and frivolous in its entirety and hence not to be believed, JSPL said in a BSE filing. The company further informed the exchange that it is already into litigation with GNCL and it is saddening to see that Jagatramka is resorting to insinuate the public at large with false fact and accusations in response to the litigations. The company said this is in response to a clarification sought from the exchange with reference to a media report, 'JSPL not disclosing closure of Australian mines to investors: Gujarat NRE ex-promoter to SEBI'.
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ADB COMMITTED HIGHEST-EVER $3 BILLION IN SOVEREIGN LOANS TO INDIA IN 2018

ADB committed to provide USD 3 billion in sovereign loans to India in 2018, the highest level of assistance since sovereign operations began in the country in 1986, said the annual report of multilateral lending agency. In all, the Asian Development Bank (ADB), owned by 68 member countries, committed a total of USD 3.88 billion, including sovereign loans and co-financing during the year ended December 2018. The demand for ADB assistance continued to grow in 2018. New commitments included USD 21.6 billion in loans, grants and investments from ADB’s own resources, exceeding the target of USD 19.71 billion and up 10 per cent from 2017, said the report released on Tuesday. Private sector operations reached USD 3.14 billion, a 37 per cent increase from 2017, which is 14.5 per cent of ADB’s overall commitment. ADB also successfully mobilised USD 14 billion in co-financing from bilateral and multilateral agencies and other financing partners, including USD 7.17 billion in co-financing from ADB’s private sector operations. In India, ADB committed USD 3 billion in sovereign loans in 2018, the highest level of assistance since sovereign operations began in the country, the report said. The report also noted that in India, ADB provided a USD 100-million loan to Ostro Kutch Wind, a renewable energy company owned by investment funds under the management of Actis Capital, for constructing and operating a 250-megawatt wind power project in Gujarat. ADB continued to deliver on its climate commitments in 2018 with USD 3.6 billion in financing approved. ADB is on target to double its annual climate financing to USD 6 billion in approvals by 2020, the report said.
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RIDING ON GROWING SMARTPHONE PENETRATION, DIGITAL SPEND BY POLITICAL PARTIES MAY DOUBLE

Online advertising expenditure by political parties is likely to double to Rs 400-500 crore this Lok Sabha election compared to 2014, riding on the growing smartphone penetration and cheaper Internet packs, experts said. The Bharatiya Janata Party (BJP) leads the pack in advertising spend in the digital space, they said. The total advertising expenditure on election campaigns could be between Rs 2,500-3,000 crore in the 2019 general elections, said Ashish Bhasin. Of this, ad spends on the social media and other digital platforms could be around Rs 500 crore, Bhasin, who is also the company’s chairman and CEO-India, told PTI. According to Google’s Political Advertising Transparency Report, the total spend on its various digital segments surpassed Rs 86,311,600 since February 19 this year. A similar report by Facebook showed such expenditure at Rs 121,845,456 for 61,248 ads.
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INDIAN FIRMS SEE GREAT VALUE IN DATA, 47% ALREADY MONETISING IT: DELL STUDY

With data becoming a mainstream conversation, more and more businesses in India realise the importance of leveraging it for better outcomes. A recent study has found that 93 per cent of the businesses in India see the potential value of data and 47 per cent of the businesses are monetising it We are at 47 per cent, versus the global average of 36 per cent and APJ (Asia Pacific Japan) of 35 per cent. Most of these (Indian) organisations also realise that they need to have the right kind of tools and technologies to make themselves competitive, said Ripu Bajwa. In India, leaders in data protection increased from one per cent in 2016 to 30 per cent in 2018. Whereas, data protection adopters increased from 12 per cent in 2016 to 60 per cent in 2018, the survey found. As many as 32 per cent believe that their data protection solutions will meet all future challenges, compared with 16 per cent globally.
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SOCIAL MEDIA INTERMEDIARIES WORKING WITH ECI TO ENSURE FAIR & TRANSPARENT ELECTION: IAMAI

The social media intermediary members of the Internet and Mobile Association of India (IAMAI) are committed to supporting the Election Commission of India (ECI) in holding free and fair elections in India To this end, the 48 hour 'silence period' is very critical and participants to the Voluntary Code of Ethics for General Election 2019 have operationalized their respective notification mechanisms, IAMAI said. IAMAI said the platforms have conducted training sessions with the ECI appointed nodal officers, to report potentially unlawful content for expeditious redressal. IAMAI has said that it will continue to provide support to the ECI throughout the election period to improve the integrity and transparency of the electoral process. The association said its members are committed to ensuring transparency in regards to paid political advertisement by maintaining a repository of political advertisement with information such as the sponsor, expenditure and targeted reach of such content in an aggregated manner. Participants have built the technology to upload MCMC certification. Participants have also committed to taking action on paid advertisements violating MCMC certification requirement under notification by the ECI.
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APPLE AND QUALCOMM SETTLE ROYALTY DISPUTE WITH NEW PATENT AGREEMENT

Apple Inc and Qualcomm Inc on Tuesday settled their royalty dispute, reaching an agreement on global patent license and chipset supply. The settlement includes a payment from Apple to Qualcomm. Apple had alleged that Qualcomm's patent practices were an illegal move to maintain a monopoly on the market for premium modem chips that connect smart phones to wireless data networks. Qualcomm in turn had said Apple used its heft in the electronics business to wrongly order contract factories such as Hon Hai Precision Co Ltd's Foxconn to withhold royalty payments from Qualcomm that Apple had historically reimbursed to the factories.
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24/7 NEWS, SOCIAL MEDIA REDUCING OUR ATTENTION SPAN: STUDY

The 'fear of missing out', keeping up to date on social media, and 24/7 cycle of breaking news is narrowing our collective attention span, a study has warned. The research, showed this effect occurs not only on social media but also across diverse domains including books, web searches, movie popularity, and internet trends. The negative effects of social media and a hectic news cycle on our attention span has been an on-going discussion in recent years -- but there has been a lack of empirical data supporting claims of a 'social acceleration'. Sociologists and psychologists have warned of an emerging crisis stemming from FOMO -- or the 'fear of missing out' -- keeping up to date on social media, and breaking news coming at us 24/7. When looking into the global daily top 50 hashtags on Twitter, the scientists found that peaks became increasingly steep and frequent: In 2013 a hashtag stayed in the top 50 for an average of 17.5 hours. This gradually decreases to 11.9 hours in 2016. This means that content is increasing in volume, which exhausts our attention and our urge for 'newness' causes us to collectively switch between topics more rapidly, said Lorenz-Spreen.




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Thanks & Regards,
CS Meetesh Shiroya 

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