The Authorised Officer (AO) of IDBI BANK LIMITED (Infrastructure Corporate Group) No.115, Anna Salai, P.B No.805, Saidapet, Specialised Corporate Branch, Chennai 600 015 TENDER DOCUMENT For Sale of Assets of Nandha Energy Limited Under The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and The Security Interest (Enforcement) Rules, 2002
CONTENTS Sr.No Particulars Page No. I Public Notice for Sale published in the newspapers 3-6 II Brief Description of secured assets 7 III Outstanding dues of Secured Lenders 8 IV Terms & Conditions 9-15 V Brief details of Bid/Offer document 16 VI Form of Profile of the Bidder 17-18 VII Form of Appendix to the Bid/Offer (declaration by the Bidder) 19-20
IDBI Bank Limited, Infrastructure Corporate Group No.115, Anna Salai, P.B.No.805,Saidapet, Chennai-600 015 Ph: 044-2220 2000/2007/2284/2235 5201 CIN-L65190MH2004GOI148838. www.idbi.com E-AUCTION SALE NOTICE Whereas the Authorised officer has issued notice under section 13(2) of Securitization and Reconstruction of the Financial Assets and Enforcement of Security Interest Act herein after termed as SARFAESI Act 2002, calling upon the Borrowers/Guarantors to repay the amount mentioned in the notice within 60 days of publishing of the said notice. Borrowers/Guarantors having failed to repay the amount, the Authorised officer in pursuant to and in exercise of powers conferred under section 13(4) of the SARFAESI Act,2002 has taken possession of the mortgaged property on the below mentioned dates. Notice is hereby given to the public in general and to the Borrower/ Guarantors/ Mortgagors in particular by the Authorised Officer that the under mentioned properties mortgaged to IDBI Bank Ltd., having its office at IDBI Bank Ltd.No.115, Anna Salai, P.B No-805,Saidapet, Chennai-600 015 have been taken possession under the provisions of section 13 (4) of the Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest act, 2002 (SARFAESI ACT 2002) and will be sold by E- Auction as mentioned below on AS IS WHERE IS AND AS IS WHAT IS AND WHATEVER THERE IS BASIS AND WITHOUT RECOURSE BASIS for recovery of under mentioned dues with further interest, charges and cost etc, as detailed below. This is also a notice to the Borrowers and to the Guarantors/ Mortgagors of the below mentioned loans about holding of E- Auction to be held on the below mentioned date, if their outstanding dues are not repaid in full within 30 days from the date of publication of this notice Place of Auction:IDBI Bank Limited, No.115, Anna Salai, P.B No-805, Saidapet, Chennai-600 015 Date of Auction : 23-07-2015 Reference No.:- IDBI/ICG/ SALE/1/2015-16 Name & Address of Borrowers: M/s. Nandha Energy Limited, ("the Borrower"), South India Film Chamber and Commerce (New Building), Phase I, 3rd Floor, No.605 & 606, T.R Sundaram Avenue, Thousand Lights, Chennai-600 006 Date of Possession: 07.08.2014 Total liabilities as on 01.04.2014: Rs.53,60,16,000/- Plus interest and charges thereon. As on 31.05.2015: Rs.49,05,96,696/- plus interest and other charges thereon. Schedule of the property: 18 MW Bio Mass Power Plant All that piece and parcel of land comprised in and forming part of S.Nos.445/7, 440/1, 440/4, 440/14, 445/6, 440/4, 483/8A, 483/8B, 483/3, 483/5A, 483/7, 483/5B, 483/9A, 484/2B, 483/11, 484/3, 484/9, 483/9B, 484/2A, 445/4, 485/13, 483/6, 484/1, 483/4, 482/2, 483/10, 483/1, 485/11, 480/1, 480/2, 440/11, 440/8, 445/5, 445/2, 481/3, 481/2, 481/4, 440/7, 440/10, 440/13, 445/1A, 445/1B, 440/6, 482/6, 482/7, 482/1, 482/10, 440/12, 482/3, 440/5, 482/2, 481/6, 482/4 and 482/5 admeasuring 23 Acres 69 Cents situated within Palayaseevaram Village limits of Kancheepuram Taluk and Kancheepuram District in the state of Tamilnadu together with all the singular and structures thereon. BID LOT (1) For Plant & Machinery: Reserve Price: Rs.23,35,00,000/- EMD: Rs.1,16,75,000/- BID LOT (2) For Land & Building: Reserve Price: Rs.25,95,00,000/- EMD: Rs.1,29,75,000/- BID LOT (3) For Land, Building, Plant and Machinery: Reserve Price: Rs.49,30,00,000/- EMD: Rs.2,46,50,000/- Note: LOT (2) will be sold only after LOT (1) is sold. Priority/First preference will be given for sale of LOT(3). Date & Time of Auction: on 23-07-2015 at 11:00 AM to 12.00 NOON (with unlimited extensions of 5 minutes each) Bid Increment Amount :Rs.5,00,000/- FOR ALL THE LOTS Last Date for receiving bid :21-07-2015 3
Important Notes: 1. This may be treated as formal notice to Borrower(s)/Mortgager(s) under Rule 8(5), 8(6) and 9(1) for Immovable assets under Security Interest (Enforcement) Rule 2002. 2. Borrower(s)/Mortgager(s) have the right to tender dues of the Bank together with costs, charges and expenses under section 13(8) of SARFAESI Act, 2002. 3. This notice is also being published in vernacular. The English version shall be final in the event of any ambiguities/interpretation. Terms and conditions:- 1. Auction/ bidding shall only be through online electronic mode through the website of the service provider. https://idbi.auctiontiger.net is the Service Provider to arrange e - auction platform. 2. The bidders may be participating in e-auction for bidding from their place of choice and Internet connectivity shall have to be ensured by bidder himself. Bank/ Service provider shall not be held responsible for the internet connectivity, network problems, system crash down, power failure etc. 3. Intending bidders shall hold a valid digital signature certificate and e-mail address. For details with regard to digital signature, please contact M/s e-procurement Technologies Limited, Ahmedabad - 300006, Contact Person Mr. Praveen Kumar Thevar - 09722778828, praveen.thevar@auctiontiger.net; Mr. Ashok Nattar (Chennai) 09382276688, rikin@auctiontiger.net. (For Technical Support and Bidding Process) e-mail Id : support@auctiontiger.net. 4. Bidders are advised to go through the website https://idbi.auctiontiger.net for detailed terms and conditions of auction sale before submitting their Bids for taking part in the e-auction sale proceedings. 5. Particular specified in the schedule above have been stated to the best of the information of the Authorized officer / Bank. Authorized officer and / or Bank will not be answerable for any error, misstatement or omission in this public notice. 6. For participating in e-auction sale the intending bidders should register their details with the Service Provider M/s E-Procurement Technologies Pvt. Ltd. well in advance and get the User Id and Password. Only the password may be changed on receiving it. For Login id and password bidder may contact on help line number:-079-40230813/816/817/818/819/820 7. For participating in e-auction, intending bidders have to deposit a refundable, noninterest bearing EMD by way of RTGS/NEFT/Funds Transfer to the credit of the A/c No.12934915010013 with IDBI Bank Ltd., No.115, Anna Salai, P.B.No.805, Saidapet, Chennai-600015, IFSC Code: IBKL0000129 or by way of DD/Pay Order favoring IDBI Bank Ltd., No.115, Anna Salai, P.B.No.805, Saidapet, Chennai-600015 before the tender closing time of 4 PM on 21.07.2015 to the Authorised Officer, IDBI Bank Ltd., No.115, Anna Salai, P.B.No.805, Saidapet, Chennai-600015 with self attested copy of PAN card, ID proof, address proof. Bid below the reserve price will not be accepted. Bid without EMD/with EMD lower than the EMD amount stipulated will not be accepted. 8. The e-auction of the above property would be conducted exactly on the Scheduled Date & Time as mentioned above by way of inter-se bidding amongst bidders. The bidder shall improve their offer at a minimum amount of the Bid Increase Amount against property. Online auction shall be for a period 1 hour, then the auction s duration shall automatically get extended for another 5 minutes. The auto extension shall be for unlimited times and will take place only if a valid bid comes in last 5 minutes of closing. 9. The successful bidder should deposit 25% of the bid amount (including EMD) on succeeding working day of the auction sale before 5 pm, sale being knocked down in his favour and balance 75% of the bid amount within 15 days from the sale date by way of 4
RTGS/NEFT/Funds Transfer to the credit of the A/c No.12934915010013 with IDBI Bank Ltd., No.115, Anna Salai, P.B.No.805, Saidapet, Chennai-600015, IFSC Code: IBKL0000129 or by way of DD/Pay Order favoring IDBI Bank Ltd., No.115, Anna Salai, P.B.No.805, Saidapet, Chennai-600015. 10. Sale will be subject to confirmation by the bank. On receipt of entire Auction Sale proceeds from the Successful bidder, the Authorised Officer will be issuing Sale Certificate to the Successful bidder only, as per the provisions of the Act. On issuance of Sale Certificate, the Auction Sale Process will be completed and the Authorised officer is not responsible for registration of Sale Certificate. It is the responsibility of the Successful bidder to get the Sale Certificate registered, if required by him/her. 11. The intending bidders are at liberty to make their own independent assessment/enquiry about the title and encumbrances of the property. By submitting the bid, the bidder shall be deemed to have full knowledge of the condition of the assets, relevant documents, information etc. whether the bidder actually inspects or visits or verifies or not. The bidders shall be deemed to have inspected and approved the Secured Assets to their entire satisfaction and for the purpose, the Bidders may, in their own satisfied himself/herself about the names, descriptions, particulars, quantities, qualities, specifications, measurements, boundaries and abuttal s of the assets/properties and that the bidder concurs or otherwise admits the identity of the assets/properties purchased by him/her, notwithstanding any discrepancy or variation by comparison of the description in the particulars of the assets/properties and their condition. Authorised officer shall not assume any responsibility with regard any of the issues mentioned in this para. 12. In case of default in payment at any stage by the successful bidder/ auction purchaser within the stipulated time the sale will be cancelled and the amount already paid will be forfeited and Authorized Officer reserves the right to resell the property to the second/third highest bidder in the above manner, which shall be treated as if he/she were the only successful bidder or to conduct the auction again. 13. The successful bidder shall bear the charges payable for conveyance registration fee, stamp duty etc as applicable. All statutory liabilities / housing society tax / maintenance fee / electricity / water charges etc., outstanding as on date and yet to fall due would be ascertained by the bidder(s) and would be borne by the successful bidder. Bank does not take any responsibility to provide information on the same. 14. The Bank is not liable to pay any interest or to refund EMD or any other payment received in case of any delay in issue of confirmation of sale /sale certificate by virtue of any court order received by the Bank after e-auction is held. 15. The property is being sold on as is where is and as is what is and whatever there is basis and without recourse basis and subject to conditions prescribed in the SARFAESI Act 2002 and rules framed there under. 16. Prospective bidders are advised to peruse the copies of the title deeds with the bank and verify the latest Encumbrance Certificate and other Revenue/ Municipal records to exercise due diligence and satisfy themselves on the Title and Encumbrance, if any over the property. Offers received for sale and / or accepted are not transferable. 17. Bids once made shall not be canceled or withdrawn. All bids made from the user ID given to bidder will be deemed to have been made by him only. 18. To the best of knowledge and information of Bank /Authorized Officer no other encumbrances exists on the stated properties. However, prospective bidders are advised to peruse the copies of title deeds available with Bank with prior appointment and also carry out their own enquiries to satisfy themselves regarding encumbrances, if any over the above properties. 19. All bidders shall be deemed to have read and understood the terms and conditions of sale and be bound by them. 20. Nothing in this notice constitutes or will be deemed to constitute any commitment or representation on the part of the Bank to sell the above properties/assets. The authorised officer may 5
postpone/ cancel the e-auction without assigning any reason thereof. 21. Any dispute regarding matter would be under jurisdiction of courts in Chennai only. 22. This is also a notice to the borrower(s) / Guarantor (s) / Mortgagor(s) of the said loan, u/s 8(5), 8(6) and 9(1) of the rules of the said act, about holding of e-auction sale of the above mentioned properties on the above mentioned date, requesting their presence and co-operation 23. Property can be inspected between 11AM and 3 PM from 29-06-2015 to 04-07-2015 on any working day after prior intimation to IDBI Bank Ltd., No.115, Anna Salai, P.B No-805,Saidapet, Chennai-600015 Place:- Chennai Date:- 19.06.2015 Sd/- Authorised Officer IDBI Bank Ltd.(Secured Creditor) 6
II. BRIEF DESCRIPTION OF SECURED ASSETS Sl.No. Descriptions of the Property 1 18 MW Bio Mass Power Plant All that piece and parcel of land comprised in and forming part of S.Nos.445/7, 440/1, 440/4, 440/14, 445/6, 440/4, 483/8A, 483/8B, 483/3, 483/5A, 483/7, 483/5B, 483/9A, 484/2B, 483/11, 484/3, 484/9, 483/9B, 484/2A, 445/4, 485/13, 483/6, 484/1, 483/4, 482/2, 483/10, 483/1, 485/11, 480/1, 480/2, 440/11, 440/8, 445/5, 445/2, 481/3, 481/2, 481/4, 440/7, 440/10, 440/13, 445/1A, 445/1B, 440/6, 482/6, 482/7, 482/1, 482/10, 440/12, 482/3, 440/5, 482/2, 481/6, 482/4 and 482/5 admeasuring 23 Acres 69 Cents situated within Palayaseevaram Village limits of Kancheepuram Taluk and Kancheepuram District together with all the singular and structures thereon. 7
III. OUTSTANDING DUES OF THE SECURED LENDER AS ON THE DATE OF 13(2) NOTICE UNDER SARFAESI (As on April 01, 2014) Name of Secured Lender Nature of assistance Amount (Rs. lakh) IDBI Bank Ltd. Rupee Term Loan 3782.02 IDBI Bank Ltd. Working capital facilities 1578.14 Total : 5360.16 (As on May 31, 2015) Name of Secured Lender Nature of assistance Amount (Rs. lakh) IDBI Bank Ltd. Rupee Term Loan 4456.49 IDBI Bank Ltd. Working capital facilities 396.44 IDBI Bank Ltd., Legal/Recovery Expenses 53.04 Total : 4905.97 8
IV. TERMS AND CONDITIONS 1 The Authorised Officer (AO) exercising the powers under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 read with Security Interest (Enforcement) Rules, 2002 (hereinafter referred to as "the SARFAESI Act") is selling the assets/properties mentioned at item No. II of the Tender Document (hereinafter referred to as the 'Secured Assets') and the same are being sold free from charges and encumbrances of the secured lenders mentioned at item No.III of the Tender Document. 2 Issue of Tender/ Offer / Bid Document The Tender Document along with Offer Form is available from June 19, 2015 to July 21, 2015 on any working day till banking hours and can be obtained from Authorised Officer, (Infrastructure Corporate Group), IDBI Bank Ltd., Specialised Corporate Branch, 115, Saidapet, Chennai 600 015. The bid document can also be downloaded from IDBI website (www.idbi.com) And https://idbi.auctiontiger.net 3 Reserve Price and EMD BID LOT (1) For Plant & Machinery: Reserve Price: Rs.23,35,00,000/- EMD: Rs.1,16,75,000/- BID LOT (2) For Land & Building: Reserve Price: Rs.25,95,00,000/- EMD: Rs.1,29,75,000/- BID LOT (3) For Land, Building, Plant and Machinery: Reserve Price: Rs.49,30,00,000/- EMD: Rs.2,46,50,000/- Note: LOT (2) will be sold only after LOT (1) is sold. Priority/First preference will be given for sale of LOT(3). 4 The sale of Secured Assets is on As is where is, As is what is & whatever there is and without recourse basis. The description of the immovable properties is based on the mortgages created by the Borrower with the secured lenders from time to time and the representations made by them. The AO does not take or assume any responsibility for any shortfall of the movable/immovable assets or for procuring any permission, etc. or for the dues of any authority established by law. All statutory liabilities / taxes / maintenance fee / electricity / water charges etc., outstanding as on date and yet to fall due would be ascertained by the bidder(s) and would be borne by the successful bidder. It is expressly made clear that the AO / Bank does not take any responsibility to provide information on the same. The AO / Bank does not take or assume any responsibility for any dues, statutory or otherwise, of Nandha Energy Limited including such dues that may affect transfer of the assets in the name of the purchaser and such dues, if any, will 9
have to be borne/paid by the purchaser. 5 Inspection of assets The interested parties may, at their own cost and expense, inspect the property with prior appointment on 29.06.2015 to 04.07.2015 (between 11 am to 3 pm) when a representative of the Authorised Officer/ Recovery Agent would be available at the property site to facilitate the inspection or on any working day with prior appointment of Authorised Officer till July 21, 2015. 6 Due Diligence by the Bidders The interested parties may carry out their own comprehensive due diligence in respect of the Secured Assets including any dues relating to the Secured Assets. A bidder shall be deemed to have full knowledge of the condition of the assets, relevant documents, information, etc. whether the bidder actually inspects or visits or verifies or not. 7 The bidders shall be deemed to have inspected and approved the Secured Assets to their entire satisfaction and for the purpose, the Bidders may, in their own interest and at their own cost, verify the area of the premises and details of movable assets and any other relevant information before submitting the Bids. It shall be presumed that the bidder has satisfied himself/herself about the names, descriptions, particulars, quantities, qualities, specifications, measurements, boundaries and abuttal s of the assets/properties and that the bidder concurs or otherwise admits the identity of the assets/properties purchased by him/her notwithstanding any discrepancy or variation, by comparison of the description in the particulars of the assets/properties and their condition. 8 The Bidder shall not be entitled to receive re-imbursement of any expenses which may have been incurred in preparation of the Bid/Offer for submission and/or for carrying out due diligence, search of titles to the assets and matters incidental thereto or for any other purpose in connection with purchase of the assets under reference. 9 Submission of Offer The Bidder shall complete in all respects the Offer form(s) annexed to the Tender Document, and furnish the information called for therein and shall sign and date each of the documents in the space provided therein for the purpose. The Bidder shall initial each page of the Offer. Offers received for sale and / or accepted are not transferable. The Format for submission of Profile of the bidder are given in Chapter VI of this Tender Documents. Bids can be submitted online also at https://idbi.auctiontiger.net along with required documents. 10
Bid amount is to be entered at https://idbi.auctiontiger.net after getting user-id and password from abc-procure. 10 The Tender/Offer shall be signed by a person or persons duly authorized by the Bidder with the signature duly attested. 11 The Tender/Offer shall contain the full address, Telephone No., Fax No., e-mail-id, if any, of the Bidder for serving notices required to be given to the Bidder in connection with the Offer. 12 The Tender/Offer form shall not be detached one from the other and no alteration or mutilation (other than filling in all the blank spaces) shall be made in any of the documents attached thereto. 13 Last date for submission of Bid Document The interested parties may submit Bid Document duly filled and signed along with the required documents to the Authorised Officer in sealed covers at IDBI Bank Ltd., (Infrastructure Corporate Group), No.115, Anna Salai, P.B.No.805, Saidapet, Chennai- 600 015 on any working day but not later than at 04.00 p.m. on July 21, 2015, along with Demand Draft/Pay Order. The sealed cover should superscribed Bid Document Nandha Energy Limited and Name and Phone number of Bidder to be mentioned on left hand side. Remittance of EMD by way of RTGS and filing e-bids Bidders who prefers to submit the EMD by way RTGS, may remit the EMD amount in favour of IDBI Bank Limited, Account No.12934915010013, IFSC Code: IBKL0000129, Branch : No.115, Anna Salai, P.B.No.805, Saidapet, Chennai-600 015 not later than at 04.00 p.m. on July 21, 2015. Portal for online submission of bid forms with https://idbi.auctiontiger.net also will be closed by 04.00 pm on July 21, 2015. 14 Only those bidders will be permitted to participate in the e-auction whose Bid Document is complete in every respect and whose Demand Draft/Pay Order for EMD is found to be in order and /or remittance by way of RTGS proceeds is credited into the account indicated well before the cut-off time. Bank does not take any responsibility and will not entertain any complain for any delay in transfer of funds by way of electronic mode. Form of Bid, if found incomplete in any respect, shall be liable for outright rejection. Bidders, whose forms are found to be in order together with the EMD / Cost of Tender Document submitted by them, will be intimated by e-mail and through mobile. 11
15 Registration with E-Auction Service Provider 1. Participants who are not already registered with the e-auction provider M/s. e-procurement Technologies Limited (abcprocure), Ahmadabad, should register themselves by contacting M/s. e-procurement Technologies Limited. 2. The participants /intending purchasers are necessarily required to submit following documents / papers for registration to M/s. e-procurement Technologies Limited. a. Self attested copy of Pan Card b. Self Attested valid residential proof (Voter Id card, Passport copy, Ration card, telephone bill, electricity bill - any one) c. Board resolution to participate in auction in case if bidder is a company. 3. The user id and password will be provided by M/s. e-procurement Technologies Limited registered participants / intending purchasers whose Bid Document is complete in every respect and whose Demand Draft/Pay Order for EMD is found to be in order and /or remittance by way of RTGS proceeds is credited into the account indicated well before the cut-off time and the documents with further directions by the e- auction provider company, if any, for log in for quoting Bid Amount and participating in the auction through online process. After receiving the userid / password, in case any bidders feel the need for training / e auction support (voice and web based), such bidders may contact M/s. e- Procurement Technologies Limited at Phone No. 079-40230844/41/16, e-mail Id : support@auctiontiger.net, praveen.thevar@auctiontiger.net, rikin@auctiontiger.net, Contact Person Mr. PraveenKumar Thevar 09722778828, Mr. Ashoknattar(Chennai) 9382278866. The bidders may be participating in e -auction for bidding from their place of choice and Internet connectivity shall have to be ensured by bidder himself. Bank/ Service provider shall not be held responsible for the internet connectivity, network problems, system crash down, power failure etc. 12
16 Date and Time of e-auction Date: July 23, 2015. Time: from 11.00 am to 12 noon IST- with unlimited extension of 5 minutes. The auction will be conducted only through online electronic mode, starting with the available highest quote among the bidders, where the participants can improve the quotes. The inter-se bidding will be with unlimited extension of 5 minutes ie, the end time of e- auction by ten minutes each time if bid is made within the last ten minutes before closure of the auction. The highest bidder in the e-auction immediately on closure of auction process should submit/send the final price quoted by him by fax message to both the Authorised Officer, (Infrastructure Corporate Group), IDBI Bank Ltd, No.115, Anna Salai, P.B.No.805, Saidapet, Chennai-600 015 at 044-2220 2007 and the service provider at 079-40016876 for getting declared as the highest bidder in the auction. Increase in Bid Amount : It may be noted that increase in bid amount, if any, during the e-auction period shall be made as under. In multiples of Rs.5,00,000/- (Rupees Five Lakh Only) Increase in bid amount below the said Rs.5, 00,000/- will be rejected. First bid should be of at least equal to Reserve Price or available highest quote among the bidders where the participants can improve the quotes. 17 In case of default in payment at any stage by the successful bidder/ auction purchaser within the stipulated time the sale will be cancelled and the amount already paid will be forfeited and Authorised Officer reserves the right to resell the property to the second/third highest bidder in the above manner, which shall be treated as if he/she were the only successful bidder or to conduct the auction again. AO reserves the right to retain the EMD of top three bids up to one month from the date of e -auction and the amount of EMD will not carry any interest, for the purpose of considering subsequent successful bidder. The Bids so retained will be valid for one month from the date of e-auction or till further extension of time as may be approved by the AO. The EMD of other bids will be returned within 7 days from the date of e-auction. 18 Payment of Sale Price The successful bidder would be informed in writing about the acceptance of their bid/offer by the AO and the highest successful bidder, on the offer / Bid being accepted by the Authorised Officer shall be required to deposit before 5 pm on succeeding working day of 13
the auction sale, or within such time as may be agreed to by the Authorised Officer in writing, minimum 25% of the sale price (including EMD) by RTGS/NEFT/Funds Transfer to the credit of the A/c No. 12934915010013 with IDBI Bank Ltd., No.115, Anna Salai, P.B.No.805, Saidapet, Chennai-600 015, with IFSC Code IBKL0000129 OR by A/c Payee Demand Draft/Pay Order drawn in favour of "IDBI Bank Ltd." issued by any Nationalised Bank/Scheduled Bank and payable at Chennai. The balance amount of the sale price would have to be paid in a similar manner within 15 (fifteen) days of the date of letter intimating acceptance of his/her bid or within such time as may be agreed to by the Authorised Officer in writing. The extension of time for making payment payments shall be at the sole discretion of the Authorised Officer. The successful bidder shall bear the charges payable for conveyance registration fee, stamp duty etc as applicable. 19 In case the successful bidder fails to deposit 25% of the sale price, the AO shall forfeit the EMD and if the successful bidder backs out after paying 25% of the sale price, then AO shall forfeit the 25% of the sale consideration so deposited including the EMD. 20 The defaulting successful bidder shall forfeit all claims to the assets or to any part of the sum for which it may be subsequently sold. 21 In the event of the successful bidder failing to pay the consideration amount within the time schedule stipulated, the AO reserves the right to resell the assets to the second/third highest bidder in the above manner, who shall also be treated as the successful bidder mentioned in clauses 9 to 16 above and further in terms of this Bid Document. 22 On confirmation of sale and if the terms of payment have been complied with, the AO exercising the power of sale shall issue Certificate of Sale for the immovable property in favour of the purchaser as per the format provided in the Security Interest (Enforcement) Rules, 2002. 23 The successful Bidder shall, after making full payment of sale price within 15 days of acceptance of bid/offer or such extended period as may be granted by the AO at his sole and absolute discretion, arrange to take possession of the Secured Assets immediately thereafter. It is explicitly stated that once the Sale Certificate is issued by the AO, the AO shall not be held responsible for security and safe-keeping of the Secured Assets 24 The purchaser will be required to bear all the necessary expenses like stamp duty, registration expenses, etc. for transfer of assets in his/her name. It is expressly stipulated that there are no implied obligations on the part of the AO or the secured lenders and it shall be solely the obligation of the Bidder, at his/her cost, to do all acts, things and deeds 14
whatsoever for the completion of the sale including payment of all statutory liabilities / housing society tax / maintenance fee / electricity / water charges etc., outstanding as on date and yet to fall due would be ascertained by the bidder(s) and would be borne by the successful bidder to get the assets transferred in his /her/their name. Bank does not take any responsibility to provide information on the same. 25 The submission of the Bid means and implies that the Bidder has unconditionally and irrevocably agreed to and accepted all the above terms and conditions of the Bid/Offer laid down herein. 26 The time hereinabove fixed for the observance and performance by the bidder of any of the obligations to be observed by him/her under these conditions is and shall be deemed to be of the essence. 27 General Terms and Conditions The AO shall be at liberty to amend/modify/delete/drop any of the above conditions as may be deemed necessary in the light of the facts and circumstances. 28 The entire procedure of e-auction, the sequence of inter-se bidding etc. shall be at the sole and absolute discretion of the AO and the intending bidders shall have no right whatsoever to object to the same. 29 The AO reserves the right and liberty to accept/reject any or all the Bids and also reserves the right to cancel the entire sale process without assigning any reasons. In case all the bids are rejected or the successful bidder fails to make payments as required in the Bid Document or withdraws his/her bid, the AO, at the sole and absolute discretion, reserves the right to go for re-bidding or sell the assets by any of the modes as prescribed in the SARFAESI Act including sale by negotiation with any of the bidders and/or other parties by private treaty and the Bidders shall have no right to object to the same. 30 In the event the said sale in favour of the bidder not being confirmed by AO, otherwise than on account of the willful default of the bidder or if the sale is set aside by an order of the Court/Tribunal, then in that event the sale shall be void and the bidder shall, in that event be entitled only to receive back his/her Earnest Money Deposit (EMD) or purchase money as the case may be, but without interest, and the bidder shall not be entitled to be paid his costs, charges and expenses of and incidental to the said sale and investigation of title or any other costs incurred by him/her. 31 Notwithstanding anything stated elsewhere in this Tender Document, the AO reserves the right to call off the sale process at any point of time without assigning any reasons. 32 Jurisdiction All disputes arising amongst the parties shall be adjudicated according to Indian Law and the Courts in Chennai alone shall have jurisdiction to entertain /adjudicate such disputes. 15
V. BRIEF DETAILS OF TENDER/OFFER DOCUMENT TENDER/OFFER FORM FOR PURCHASE OF SECURED ASSETS/PROPERTY OF Nandha Energy Limited 18 MW Bio Mass Power Plant Property Details : All that piece and parcel of land comprised in and forming part of S.Nos.445/7, 440/1, 440/4, 440/14, 445/6, 440/4, 483/8A, 483/8B, 483/3, 483/5A, 483/7, 483/5B, 483/9A, 484/2B, 483/11, 484/3, 484/9, 483/9B, 484/2A, 445/4, 485/13, 483/6, 484/1, 483/4, 482/2, 483/10, 483/1, 485/11, 480/1, 480/2, 440/11, 440/8, 445/5, 445/2, 481/3, 481/2, 481/4, 440/7, 440/10, 440/13, 445/1A, 445/1B, 440/6, 482/6, 482/7, 482/1, 482/10, 440/12, 482/3, 440/5, 482/2, 481/6, 482/4 and 482/5 admeasuring 23 Acres 69 Cents situated within Palayaseevaram Village limits of Kancheepuram Taluk and Kancheepuram District together with all the singular and structures thereon. 1 Issue of Bid/Offer Document 2 Cost of the Tender/Offer Document 3 Last Date and time for submission of Tender Document together with EMD 4 Place, Date and time of E-Auction 5 Mode of submitting Bid Amount and participating interse bidding The Tender Document along with Offer Form is available from June 19, 2015 to July 21, 2015 on any working day till 4:00 pm and can be obtained from Authorised Officer, (Infrastructure Corporate Group), IDBI Bank Ltd., Specialised Corporate Branch, 115, P.B No.805, Saidapet, Chennai 600 015. The bid document can also be downloaded from IDBI website (www.idbi.com) and https://idbi.auctiontiger.net Free of Cost July 21, 2015 till 04:00 p.m. at IDBI Bank Ltd., Specialised Corporate Branch, Infrastructure Corporate Group, No.115, P.B No.805, Saidapet, Chennai 600 015. OR by online till July 21, 2015 till 04.00 pm. Place: e-auction platform at website: https://idbi.auctiontiger.net Date : July 23, 2015 Time : From 11.00 am to 12 noon IST - with unlimited extension of 5 minutes. ONLINE with https://idbi.auctiontiger.net * * * 16
VI. FORMAT FOR SUBMISSION OF PROFILE OF THE BIDDER For purchase of Properties owned by Nandha Energy Limited: All that piece and parcel of land comprised in and forming part of S.Nos.445/7, 440/1, 440/4, 440/14, 445/6, 440/4, 483/8A, 483/8B, 483/3, 483/5A, 483/7, 483/5B, 483/9A, 484/2B, 483/11, 484/3, 484/9, 483/9B, 484/2A, 445/4, 485/13, 483/6, 484/1, 483/4, 482/2, 483/10, 483/1, 485/11, 480/1, 480/2, 440/11, 440/8, 445/5, 445/2, 481/3, 481/2, 481/4, 440/7, 440/10, 440/13, 445/1A, 445/1B, 440/6, 482/6, 482/7, 482/1, 482/10, 440/12, 482/3, 440/5, 482/2, 481/6, 482/4 and 482/5 admeasuring 23 Acres 69 Cents situated within Palayaseevaram Village limits of Kancheepuram Taluk and Kancheepuram District together with all the singular and structures thereon. (To be filled and submitted by the Bidder/Offerer) 1 a) Full Name of the : bidder/offerer (in Block letters) b) Complete Postal Address : with PIN Code: Telephone Nos.; Fax Nos.; Mobile Nos.; E-mail id: 2 Brief particulars of business : 3 Relationship, if any, the : Bidder/Offerer has with any Employee of IDBI Bank Ltd. 4 Details of Earnest Money Deposit (EMD) i) Demand Draft No. / : Pay Order No. ii) Date of Demand Draft / : Pay Order iii) Name of the issuing : Bank and Branch iv) UTR Number in case of : fund transfer vi) Amount remitted : v) Date of remittance : 17
5 Income Tax Permanent Account : Number of the bidder (self attested copy to be enclosed) 6 In case of Companies, the following details to be provided. A) Address of Registered Office : B) Date of incorporation : C) Date of Board resolution regarding participation in auction : (copy of resolution to be enclosed) I/We have read and understood the detailed terms and conditions of the sale/bid document and have also read, perused and understood all the relevant papers and have carried out my/our own due diligence. In case any information is found to be incorrect, I/We shall not hold the Authorised Officer and/or IDBI Bank Limited responsible for the same and shall not have any claim whatsoever against either of them. Place : Date : Signature, Name and Designation of the duly authorised official of the Bidder/Offerer 18
VII. FORM OF APPENDIX TO THE PROFILE (DECLARATION BY THE BIDDER) (Note: This Appendix forms part of the Bid/Offer) To, Authorised Officer, IDBI Bank Ltd., Infrastructure Corporate Group, No.115, Anna Salai, P.B.No.805, Saidapet, Chennai-600 015 Sir, BID FORM FOR PURCHASE OF PROPERTIES All that piece and parcel of land comprised in and forming part of S.Nos.445/7, 440/1, 440/4, 440/14, 445/6, 440/4, 483/8A, 483/8B, 483/3, 483/5A, 483/7, 483/5B, 483/9A, 484/2B, 483/11, 484/3, 484/9, 483/9B, 484/2A, 445/4, 485/13, 483/6, 484/1, 483/4, 482/2, 483/10, 483/1, 485/11, 480/1, 480/2, 440/11, 440/8, 445/5, 445/2, 481/3, 481/2, 481/4, 440/7, 440/10, 440/13, 445/1A, 445/1B, 440/6, 482/6, 482/7, 482/1, 482/10, 440/12, 482/3, 440/5, 482/2, 481/6, 482/4 and 482/5 admeasuring 23 Acres 69 Cents situated within Palayaseevaram Village limits of Kancheepuram Taluk and Kancheepuram District together with all the singular and structures thereon. 1 Having fully examined and understood the terms and conditions of the Tender Document and condition and status of the Secured Assets/property, I/We offer to purchase the said Secured Assets strictly in conformity with the terms and conditions of this Tender/Offer Document. 2 I/We understand that if my/our Bid/Offer is accepted, I/We shall be responsible for the due observance and performance of the terms and conditions of the Tender/Offer and acquire the Secured Asset/property. Should I/We fail to execute and perform the terms and conditions when called upon to do so, the Earnest Money Deposit (EMD) shall be forfeited. I/We further understand that if my/our Bid/Offer is accepted, should I/we fail to deposit the balance amount of 75% of the sale consideration (after having paid 25% of the sale consideration) by the stipulated date, the said amount of 25% of the sale consideration (including Earnest Money Deposit) or any further amount/s paid by 19
me/us shall also be forfeited, as laid down in the terms and conditions of the Bid Document. I/We further understand that if my/our Bid/Offer is accepted, after making full payment of the sale price within 15 days of acceptance of bid/offer or such extended period as may be granted by the AO at the sole and absolute discretion, I/we shall arrange to take possession of the secured assets within a maximum of 30 days. I/We understand that once the Sale Certificate is issued by the AO, the AO shall not be held responsible for security and safe-keeping of the secured assets. We further understand that in the event I/We fail to take possession of the Secured Assets as stated above, the AO reserves the right to revoke the sale confirmed in my/our favour and forfeit the entire amount paid by me/us and I/we shall have no claims on the secured assets or to any amount/s for which it may be subsequently sold. 3 I/We clearly understand and accept that the Authorised Officer or the secured lenders do not take or assume any responsibility for any dues, statutory or otherwise, of Nandha Energy Limited. including such dues that may affect transfer of the assets in the name of the purchaser and such dues, if any, will have to be borne/paid by me/us in case my/our Bid/offer is accepted. 4 We understand that you are not bound to accept the highest or any Bid/Offer you may receive. Further, I/we will not raise any objection in case the Authorised Officer goes for re-bidding or sells the property by any of the modes prescribed in the SARFAESI Act including sale by negotiation with any of the bidders and/or other parties by private treaty. 5 I/We understand that time is the essence for completing the acquisition formalities of the property and I/we agree and undertake to abide by it. 6 Required EMD (Rs /-) as per the Bid Document is remitted vide /DD No dated. or UTR No... dated. and understand that the EMD will not carry any interest. 7 We understand that the Bid/Offer should be unconditional and Bid/Offer having conditions contrary to the terms and conditions of the Bid/Offer document can be summarily rejected. (Bidder/ Authorised signatory) (Signature, name and address) (IN BLOCK CAPITALS) 20