Rajeev Sawhney, who is fighting a bruising battle with H&M over the takeover of Vmoksha, alleges that the ratings agency did not look into the pending criminal case against the chairman and MD of H&M before assigning its highest rating. How independent is CRISIL’s grading of H&S?
In a bizarre piece of ‘independent’ research, ratings agency CRISIL has assigned Helios & Matheson Information Technology (H&M), an unfancied software company, its highest grading of 5/5. While the selection of H&S from hundreds of excellent companies looks fishy, the agency has overlooked several reports about a criminal case pending against the chairman and managing director of H&M, alleged Rajeev Sawhney, chairman of Vmoksha Technologies Pvt Ltd. Mr Sawhney, a US-based non-resident Indian (NRI) is fighting a bruising battle with H&M over the takeover of Vmoksha.
The Reserve Bank of India (RBI), under a Right to Information (RTI) reply to Mr Sawhney, has admitted that its permission was not sought by State Bank of Mauritius while providing a loan facility on personal guarantees of V Ramachandra, chairman and GK Muralikrishna, managing director of H&M. The RBI has already submitted a detailed note to the Enforcement Directorate (ED) in the matter.
The ED is conducting investigations against Mr Ramachandran and Mr Muralikrishna for their alleged role in the acquisition of Vmoksha.
In its reply under the RTI, the central bank while acknowledging the ‘deal’ stated that “...instead of crediting the acquisition proceeds to the account of Vmoksha Technologies maintained with HSBC Bank, the proceeds were credited to the Vmoksha Technologies account with State Bank of Mauritius at its Mauritius branch. It was then observed that this account was purportedly opened in a fraudulent manner by Pawan Kumar, the then CEO and chairman of Vmoksha Technologies with the help of two persons, i.e. chairman and MD of H&M. Pawan Kumar also applied for a loan of $13.5 million with State Bank of Mauritius at Port Louis branch in Mauritius. This loan account was immediately sanctioned by the bank against personal guarantees of two persons i.e. chairman and MD of H&M,” the RBI said.
RBI in its note sent to the ED further added that “...the issue relating to State Bank of Mauritius, Port Louis branch sanctioning loan to Vmoksha Technologies Mauritius against personal guarantees of two resident Indians i.e. chairman and MD of H&M, it was advised by the Mumbai branch of State Bank of Mauritius that through inadvertence, RBI’s prior approval for such guarantee was not obtained.”
Hire an independent rating?
CRISIL has assigned H&M a strong upside from the current market price with highest grading point of 5/5. According to CRISIL, banking, finance and insurance companies (BFSI) and healthcare segment would drive future growth of IT services in India during 2013 and, H&M would get benefits from it as the company works with seven of the 20 largest global banks.
CRISIL said, “The company has a track record of uninterrupted profits for 84 straight quarters and consistent dividend distribution year on year since inception. Strong organic growth momentum has led to double-digit growth sequentially quarter-on-quarter and a 42% topline growth (YoY) in the September 12 quarter over September 11.”
For the year ending September 2012, H&M’s consolidated revenues increased to Rs451.9 crore from Rs394.14 crore, over same period a year ago. Except that the market either does not believe in the numbers or does not believe that the future is all that rosy. The stock price of H&M is down from the intra-day high of Rs267 in early 2006 to Rs50 today. Crisil’s discovery of H&S’s hidden features is remarkable given that virtually no analyst tracks this company regularly.
Moneylife had previously reported about the bruising battle between H&M and Rajeev Sawhney. The battle started in 2005 when H&M announced a $19 million buyout of Vmoksha, co-founded by Rajeev Sawhney and Pawan Kumar (former CEO of the controversial DSQ Software), with the former putting in the money and the latter running the operations. Mr Sawhney soon realised that he had been kept in the dark about many aspects of the deal.
On 11 May 2005, both the companies signed a share purchase agreement under which V Ramachandran, chairman of H&M, was to pay $19 million for the three units, out of which $4 million was to be paid to Pawan Kumar, the then chief executive of Vmoksha and also former CEO of the controversial DSQ Software, as earn out. Although, Pawan Kumar and his family members were also stakeholders in Vmoksha, Mr Sawhney later bought out their stake as well.
Mr Ramachandran was supposed to pay $13.4 million to Mr Sawhney, after paying some amount to Tapan Garg and Madhuri Garg, son and wife of Pawan Kumar for their holding. Mr Sawhney soon realised that he had been kept in the dark about many aspects of the deal. For instance, he found that instead of receiving $19 million, a bank account had been ‘fraudulently’ opened in the State Bank of Mauritius in Vmoksha’s name and used to borrow $13.5 million, using a fake board sanction and false entries. That money was remitted to H&M ostensibly for subscription of redeemable preference shares on 28 June 2005.
Earlier in December 2011, the Supreme Court dismissed special leave petitions (SLPs) filed by H&M and Pawan Kumar, the then chief executive officer of Vmoksha Technologies. Both have challenged the Bombay High Court (HC) order, which allowed the revision application of Vmoksha’s co-founder Rajiv Sawhney against H&M.
In an order passed on 6 May 2011, the HC had restored an order passed by the Additional Chief Metropolitan Magistrate (ACMM) of the 47th Court at Mumbai, to restart proceedings against the accused, including H&M's chairman V Ramachandran.
The much talked about Railway Budget, presented two days ahead of the Union budget, has turned out to be largely a non-event. While sparing passengers from another hike within a month, Pawan Kumar Bansal, however increased charges for super-fast trains, and fees for ticket cancellation and reservations
Pawan Kumar Bansal, the minister of railways on Tuesday spared passengers from another fare hike within a month, giving indications that the United Progressive Alliance (UPA) government does not want to upset voters ahead of the general elections.
Bansal, the first minister from the Congress to present the Railway Budget in 17 years, however, increased supplementary charges for super fast trains, reservation fee, clerkage charge, cancellation charge and tatkal charges. The enhanced reservations fee has been abolished.
“On the whole, there were no fireworks in the Rail Budget. While linking freight to fuel costs is the right move, subsidized passenger fares account for bulk of railway losses and until that is addressed, the financial position of railways is unlikely to turn around quickly, and investment in the sector will languish,” said Nomura Financial Advisory and Securities (India) Pvt Ltd, in a note.
Bansal said, fuel adjustment component (FAC) would be linked with the revision for freight tariff from 1 April 2013, which would increase freight charges by an average of 5%.
“...the increase in freight rates which would be linked with the diesel price movements would add to the burden of price of products which use railways for transportation purposes. Given that the finance ministry has made it clear that the price of diesel will be adjusted upwards on a regular basis, albeit, in small measures, the impact would tend to be escalated over the year. Therefore, it is not surprising that the stock market has not reacted positively in net terms to the Railway Budget,” DR Dogra, managing director and chief executive, CARE Ratings, said.
Too little provisions
Surprisingly, while the railway minister has announced several amenities for passengers like lifts for passenger at A1, A and other pilgrim stations, he made a provision of just Rs1 crore as against an estimated cost of Rs100 crore. Similarly, for installing escalators at 179 important stations, Bansal has provided Rs1 crore as against estimated cost of Rs134.25 crore.
It is the same fate of his other ideas as well. For providing wi-fi internet facility in 50 rakes of Shatabdi, Rajdhani and Duranto trains, the estimated cost is Rs55 crore and Bansal has provided only Rs10 lakh.
Another interesting aspect of this year’s Rail Budget is lack of funding for signalling and telecommunication-related works. This work does not find favour with Bansal and for almost all projects of signalling and telecommunication in every division the minister has provided just Rs1 lakh for each project, irrespective of the estimated cost. For example, in the Eastern Railway division, the minister has provided Rs1 lakh for replacement of RE and quad cables between Jamtar and Jhaja sections (106 km), as against estimated cost of Rs31.08 crore. Even for replacing signalling gears for route relay interlocking at Kurla, the minister has provided Rs1 lakh as against estimated cost of Rs15.24 crore.
Surprisingly, there is not a single paisa provision made by the minister for setting up the Indian Railway Institute for Advanced Electronic Technology (IRIAET) at Nagpur while its estimated cost is Rs21.25 crore. How the Railways can set up the institute without any funding would be interesting to watch, though.
Mumbai to get AC local trains
Bansal said that the Railways would introduce its first air-conditioned (AC) EMU rake (local train) on Mumbai suburban network during 2013-14. The Railways would introduce 72 and 18 additional services in Mumbai and Kolkata, respectively.
Here are the other proposals from the Railway Budget...
Passenger/rail users’ amenities
Measures for improving safety & security
Training and recruitment
Financial performance 2012-13
Budget Estimates 2013-14
Annual Plan 2013-14
Highest ever plan outlay of Rs63,363 crore.
o Gross Budgetary Support - Rs26,000 crore
o Railway Safety Fund - Rs2,000 crore
o Internal Resources - Rs14,260 crore
o EBR - Market Borrowing - Rs15,103 crore;
o EBR - PPP - Rs6,000 crore.
500 km new lines, 750 km doubling, 450 km gauge conversion targeted in 2013-14.
Here is the list of new express trains…
1. Ahmedabad – Jodhpur Express (Weekly) Via Samdari, Bhildi
2. Ajni (Nagpur) – Lokmanya Tilak (T) Express (Weekly) Via Hingoli
3. Amritsar – Lalkuan Express (Weekly) Via Chandigarh
4. Bandra Terminus – Ramnagar Express (Weekly) Via Nagda, Mathura, Kanpur, Lucknow, Rampur
5. Bandra Terminus – Jaisalmer Express (Weekly) Via Marwar, Jodhpur
6. Bandra Terminus – Hisar Express (Weekly) Via Ahmedabad, Palanpur, Marwar, Jodhpur, Degana
7. Bandra Terminus – Haridwar Express (Weekly) Via Valsad
8. Bangalore – Mangalore Express (Weekly)
9. Bathinda – Jammu Tawi Express (Weekly) Via Patiala, Rajpura
10. Bhubaneswar – Hazrat Nizamuddin Express (Weekly) Via Sambalpur
11. Bikaner – Chennai AC Express (Weekly) Via Jaipur, Sawai Madhopur, Nagda, Bhopal, Nagpur
12. Chandigarh –Amritsar Intercity Express (Daily) Via Sahibzada Ajitsingh Nagar (Mohali), Ludhiana
13. Chennai – Karaikudi Express (Weekly)
14. Chennai – Palani Express (Daily) Via Jolarpettai, Salem, Karur, Namakkal
15. Chennai Egmore – Thanjavur Express (Daily) Via Villupuram, Mayiladuthurai
16. Chennai – Nagarsol (For Sai Nagar Shirdi) Express (Weekly) Via Renigunta, Dhone, Kacheguda
17. Chennai – Velankanni Link Express (Daily) Via Villupuram, Mayiladuthurai, Tiruvarur
18. Coimbatore – Mannargudi Express (Daily) Via Tiruchchirappalli, Thanjavur, Nidamangalam
19. Coimbatore – Rameswaram Express (Weekly)
20. Delhi – Firozpur Intercity Express (Daily) Via Bathinda
21. Delhi Sarai Rohilla – Sikar Express (Bi-weekly) after gauge conversion
22. Delhi – Hoshiarpur Express (Weekly)
23. Durg – Jaipur Express (Weekly)
24. Gandhidham – Visakhapatnam Express (Weekly) Via Ahmedabad, Wardha, Ballarshah, Vijaywada
25. Hazrat Nizamuddin – Mumbai AC Express (Weekly) via Bhopal, Khandwa, Bhusawal
26. Howrah – Chennai AC Express (Bi-weekly) Via Bhadrak, Duvvada, Gudur
27. Howrah – New Jalpaiguri AC Express (Weekly) Via Malda Town
28. Hubli – Mumbai Express (Weekly) Via Miraj, Pune
29. Indore – Chandigarh Express (Weekly) Via Dewas, Ujjain, Guna, Gwalior, Hazrat Nizamuddin
30. Jabalpur – Yesvantpur Express (Weekly)Via Nagpur, Dharmavaram
31. Jaipur – Lucknow Express (Tri-weekly) Via Bandikui, Mathura, Kanpur
32. Jaipur-Alwar Express (Daily)
33. Jodhpur –Jaipur Express (Daily) Via Phulera
34. Jodhpur – Kamakhya (Guwahati) Express (Weekly) Via Degana, Ratangarh
35. Kakinada – Mumbai Express (Bi-weekly)
36. Kalka – Sai Nagar Shirdi Express (Bi-weekly) Via Hazrat Nizamuddin , Bhopal, Itrasi
37. Kamakhya (Guwahati) – Anand VIhar Express (Weekly) Via Katihar, Barauni, Sitapur Cantt, Moradabad
38. Kamakhya (Guwahati) – Bangalore AC Express (Weekly)
39. Kanpur – Anand Vihar Express (Weekly) Via Farrukhabad
40. Katihar – Howrah Express (Weekly) Via Malda Town
41. Katra – Kalka Express (Bi-weekly) Via Morinda
42. Kolkata – Agra Express (Weekly) Via Amethi, Rae Bareli, Mathura
43. Kolkata – Sitamarhi Express (Weekly) Via Jhajha, Barauni, Darbhanga
44. Kota – Jammu Tawi Express (Weekly) Via Mathura, Palwal
45. Kurnool Town – Secunderabad Express (Daily)
46. Lokmanya Tilak (T) – Kochuveli Express (Weekly)
47. Lucknow – Varanasi Express Via Rae-Bareli (6 Days a week)
48. Madgaon – Mangalore Intercity Express (Daily) Via Udupi, Karwar
49. Mangalore – Kacheguda Express (Weekly) Via Dhone, Gooty, Renigunta, Coimbatore
50. Mau – Anand Vihar Express (Bi-weekly)
51. Mumbai – Solapur Express (6 Days a week) Via Pune
52. Nagercoil – Bangalore Express (Daily) Via Madurai, Tiruchchirappalli
53. New Delhi – Katra AC Express (6 Days a week)
54. Nizamabad – Lokmanya Tilak (T) Express (Weekly)
55. Patna – Sasaram Intercity Express (Daily) Via Ara
56. Patliputra (Patna) – Bangalore Express (Weekly) Via Chheoki
57. Puducherry – Kanniyakumari Express (Weekly) Via Villupuram, Mayiladuthurai, Tiruchchirappalli
58. Puri – Sai Nagar Shirdi Express (Weekly) Via Sambalpur, Titlagarh, Raipur, Nagpur, Bhusawal
59. Puri –Ajmer Express (Weekly) Via Abu-Road
60. Radhikapur – Anand Vihar Link Express (Daily)
61. Rajendra Nagar Terminus (Patna)– New Tinsukia Express (Weekly) Via Katihar, Guwahati
62. Tirupati – Puducherry Express (Weekly)
63. Tirupati – Bhubaneswar Express (Weekly) Via Visakhapatnam
64. Una / Nangaldam– Hazoor Saheb Nanded Express (Weekly) Via Anandpur Saheb, Morinda, Chandigarh, Ambala
65. Visakhapatnam – Jodhpur Express (Weekly) Via Titlagarh, Raipur
66. Visakhapatnam – Kollam Express (Weekly)
67. Yesvantpur – Lucknow Express (Weekly) via Rae Bareli, Pratapgarh
1. Bathinda – Dhuri Passenger (Daily)
2. Bikaner-Ratangarh Passenger (Daily)
3. Bhavnagar – Palitana Passenger (Daily)
4. Bhavnagar – Surendranagar Passenger (Daily)
5. Bareilly – Lalkuan Passenger (Daily)
6. Chhapra –Thawe Passenger (Daily)
7. Loharu – Sikar Passenger (Daily) after gauge conversion
8. Madgaon – Ratnagiri Passenger (Daily)
9. Marikuppam – Bangalore Passenger (Daily)
10. Muzaffarpur – Sitamarhi Passenger (Daily) via Runnisaidpur
11. Nadiad – Modasa Passenger (6 days a week)
12. Nandyal – Kurnool Town passenger (Daily)
13. New Amravati – Narkher Passenger (Daily)
14. Punalur – Kollam Passenger (Daily)
15. Purna – Parli Vaijnath Passenger (Daily)
16. Palani-Tiruchendur Passenger (Daily)
17. Ratangarh - Sardarsahar Passenger (Daily) after gauge conversion
18. Samastipur- Banmankhi Passenger via Saharsa, Madhepura (Daily) after gauge conversion
19. Shoranur – Kozhikode Passenger (Daily)
20. Surendranagar – Dharangdhara Passenger (Daily)
21. Suratgarh – Anupgarh Passenger (Daily)
22. Somnath – Rajkot Passenger (Daily)
23. Sitamarhi – Raxaul Passenger (Daily)
24. Sriganganagar – Hanumangarh-Sadulpur Passenger (Daily) after gauge conversion
25. Talguppa – Shimoga Town Passenger (Daily)
26. Thrisur-Guruvayur Passenger (Daily)
1. Barabanki – Kanpur
2. Chennai – Tirupati
3. Delhi- Rohtak (Replacement of conventional service by MEMU)
4. Lucknow – Hardoi
5. Sealdah – Berhampore Court
1. Bhatkal – Thokur
2. Delhi – Kurukshetra Via Kaithal
3. Katwa – Jangipur
4. Lucknow – Sultanpur
5. Lucknow – Pratapgarh Via Gauriganj
6. Madgaon – Karwar
7. Rohtak – Rewari
8. Taran Taran – Goindwal Saheb
Extension of Trains
1. 19601/19602 Ajmer-New Jalpaiguri Express to Udaipur
2. 15715/15716 Ajmer-Kishanganj Express to New Jalpaiguri
3. 12403/12404 Allahabad – Mathura Express to Jaipur
4. 17307/17308 Bagalkot-Yesvantpur Express to Mysore
5. 18437/18438 Bhubaneswar – Bhawanipatna Express to Junagarh
6. 18191/18192 Chhapra – Kanpur Anwarganj Express to Farrukhabad
7. 16127/16128 Chennai-Madurai portion of Chennai-Guruvayur Express to Tuticorin
8. 12231/12232 Chandigarh-Lucknow Express to Patna (2 days)
9. 12605/12606 Chennai-Tiruchchirappalli Express to Karaikudi
10. 14007/14008 Delhi-Muzaffarpur Express to Raxaul after gauge conversion
11. 14017/14018 Delhi-Muzaffarpur Express to Raxaul after gauge conversion
12. 12577/12578 Darbhanga-Bangalore Express to Mysore
13. 14731/14732 Delhi – Bathinda Express to Fazilka
14. 14705/14706 Delhi Sarai Rohilla-Sadulpur Express to Sujangarh (Salasar Express)
15. 15159/15160 Durg- Chhapra Express to Muzaffarpur and Gondia
16. 12507/12508 Guwahati-Ernakulam Express to Thiruvananthapuram
17. 17005/17006 Hyderabad-Darbhanga Express to Raxaul after gauge conversion
18. 17011/17012 Hyderabad- Belampalli Express to Sirpur Kaghaznagar
19. 16591/16592 Hubli-Bangalore Express to Mysore
20. 12181/12182 Jabalpur-Jaipur Express to Ajmer
21. 15097/15098 Jammu Tawi-Barauni Express to Bhagalpur
22. 13117/13118 Kolkata – Berhampore Court Express to Lalgola
23. 22981/22982 Kota-Hanumangarh Express to Shri Ganga Nagar
24. 15609/15610 Lalgarh- Guwahati Express to New Tinsukia
25. 12145/12146 Lokmanya Tilak (T)-Bhubaneswar Express to Puri
26. 12545/12546 Lokmanya Tilak (T)-Darbhanga Express to Raxaul after gauge conversion
27. 12449/12450 Madgaon-Hazrat Nizamuddin Express to Chandigarh
28. 12653/12654 Mangalore – Tiruchchirappalli Express to Puducherry
29. 29019/29020 Meerut-Nimach Link Express to Mandasor
30. 22107/22108 Mumbai CST-Latur Express to Hazoor Saheb Nanded
31. 14003/14004 New Delhi -New Farakka Express to Malda Town
32. 15723/15724 New Jalpaiguri-Darbhanga Express to Sitamarhi
33. 18419/18420 Puri-Darbhanga Express to Jaynagar
34. 19327/19328 Ratlam-Chittaurgarh Express to Udaipur
35. 13133/13134 Sealdah – Varanasi Express (2 Days) to Delhi via Lucknow, Moradabad
36. 14711/14712 Shri Ganga Nagar – Haridwar Express to Rishikesh
37. 16535/16536 Solapur-Yesvantpur Express to Mysore
38. 19251/19252 Somnath-Dwarka Express to Okha
39. 12629/12630 Yesvantpur–Hazrat Nizamuddun Sampark Kranti Express 2 days to Chandigarh
40. 59601/59602 Ajmer-Beawar Passenger to Marwar
41. 56513/56514 Bangalore-Nagore Passenger to Karaikal
42. 51183/51184 Bhusaval-Amravati Passenger to Narkher
43. 57502/57503 Bodhan-Kamareddi Passenger to Mirzapalli
44. 54632/54633 Dhuri-Hisar/ Hisar- Ludhiana Passenger to Sirsa
45. 56700/56701Madurai-Kollam Passenger to Punalur
46. 56709/56710 Madurai-Dindigul Passenger to Palani
47. 56275/56276 Mysore-Shimoga Town Passenger to Talguppa
48. 59297/59298 Porbander-Veraval Passenger to Somnath
49. 66611/66612 Ernakulam-Thrisur MEMU to Palakkad
50. 67277/67278 Falaknuma-Bhongir MEMU to Jangaon
51. 66304/66305 Kollam-Nagarcoil MEMU to Kanniyakumari
52. 63131/63132 Krishnanagar City-Berhampore Court MEMU to Ranaghat and to Cossimbazar
53. 74021/74024 Delhi-Shamli DEMU to Saharanpur
54. 76837/76838 Karaikudi-Manamadurai DEMU to Virudunagar after gauge conversion
55. 79454/79445 Morbi-Wankaner DEMU to Rajkot
56. 77676/77677 Miryalguda-Nadikudi DEMU to Piduguralla
57. 79301/79302 Ratlam-Chittaurgarh DEMU to Bhilwara
Increase in frequency
1. 12547/12548 Agra Fort –Ahmedabad Express 3 to 7 days
2. 11453/11454 Ahmedabad-Nagpur Express 2 to 3 days
3. 22615/22616 Coimbatore-Tirupati Express 3 to 4 days
4. 14037/14038 Delhi-Pathankot Express 3 to 6 days
5. 19409/19410 Gorakhpur – Ahmedabad Express 1 to 2 days
6. 13465/13466 Howrah – Malda Town Express 6 to 7 days
7. 12159/12160 Jabalpur – Amravati Express 3 to 7 days
8. 11103/11104 Jhansi – Bandra (T) Express 1 to 2 days
9. 19325/19326 Indore – Amritsar Express 1 to 2 days
10. 12469/12470 Kanpur – Jammu Tawi Express 1 to 2 days
11. 12217/12218 Kochuveli – Chandigarh Express 1 to 2 days
12. 12687/12688 Madurai – Dehradun/Chandigarh Express 1 to 2 days
13. 13409/13410 Malda Town – Jamalpur Express 6 to 7 days
14. 17213/17214 Narsapur – Nagersol (Near Sainagar Shirdi) Express 2 to 7 days
15. 12877/12878 Ranchi-New Delhi Garib Rath Express 2 to 3 days
16. 18509/18510 Visakhapatnam – Hazoor Saheb Nanded Express 2 to 3 days
17. 22819/22820 Visakhapatnam – Lokmanya Tilak (T) Express 2 to 7 days
18. 18309/18310 Sambalpur-Hazoor Saheb Nanded Express 2 to 3 days
19. 12751/12752 Secunderabad – Manuguru Express 3 to 7 days
20. 12629/12630 Yesvantpur – Hazrat Nizamuddun Sampark Kranti Express 2 to 4 days
21. 56221/56222/56525/56526 Bangalore – Tumkur Passenger 6 to 7 days
22. 56321 Kanniyakumari-Tirunelveli Passenger 6 to 7 days
23. 56325 Nagercoil – Kanniyakumari Passenger 6 to 7 days24. 56312 Tirunelveli - Nagercoil Passenger 6 to 7 days
After reviewing Goldman Sachs’ 542 pages of billing records related to the case, the judge...