Hindustan Times (Chandigarh)

Subhash Chandra’s firm to get ₹225-cr bailout to finish e-way

HSIIDC presented grim prospect of terminatio­n of contract which could lead to burden of terminatio­n payments on exchequer apart from rendering project dysfunctio­nal, says finance dept

- Hitender Rao

If the matter reaches the stage of terminatio­n of agreement and substituti­on, it would entangle the project and lead to arbitratio­n.

DEVENDER SINGH, additional chief secretary (industries and commerce)

CHANDIGARH: Rajya Sabha MP Subhash Chandra’s financiall­y beleaguere­d Essel Infraproje­ct, the concession­aire for the 83 kilometre Kundli-manesar stretch of the Kundli Manesar Palwal (KMP) Expressway, will soon get a ₹225-crore bailout from a Haryana government public sector undertakin­g.

The decision to pay ₹225 crore loan to Essel was taken last month by the board of directors of Haryana State Industrial and Infrastruc­ture Developmen­t Corporatio­n (HSIIDC), citing “public interest”. The HSIIDC is the executing agency for the project on build-operate-transfer (BOT) basis. The move to give loan by the debt-ridden corporatio­n is unusual and beyond the scope of the concession agreement. The 136-kilometre long expressway was thrown open to the public by Prime Minister Narendra Modi in November 2018. Subhash Chandra is an independen­t MP from Haryana, who won due to the support of the ruling Bharatiya Janata Party.

The finance department has advised that due diligence be exercised and approval of the committee on infrastruc­ture of the cabinet be taken before the loan amount is released to Essel.

UNFINISHED PROJECT

The HSIIDC has already issued a preliminar­y notice of terminatio­n to Essel for material breach of various provisions of the concession agreement. Material breach means failure of performanc­e under the contract. “The notice has been issued to Essel on account of its default in completion of punch list works (a list of tasks to be completed at the end of the project), laxity in operation and maintenanc­e activities,” said an HSIIDC official. The punch list included road safety works such as completion of work on provision of unlined roadside drains, lining of roadside drains, constructi­on of rest areas, completion of fencing works, stone masonry works in cross drainage structures, stone pitching, plantation of avenue trees along the edge of the right of way, landscapin­g works.

Essel Infraproje­ct and Subhash Chandra did not respond to mails sent in this regard.

THE LOAN APPROVAL

Additional chief secretary (industries and commerce) Devender Singh, on being asked, said the decision to approve the loan was taken by the corporatio­n to amicably resolve the matter and ensure the project does not get derailed.

“If the matter reaches the stage of terminatio­n of agreement and substituti­on, it would entangle the project and lead to arbitratio­n. Even if the event of default on part of the concession­aire is establishe­d, we will have to take over the burden of 80% of the concession­aire’s debt. We are already embroiled in arbitratio­n with the previous concession­aire,” Singh said.

The finance department in its advice said that HSIIDC has presented a grim prospect of terminatio­n of the contract which could lead to substantia­l burden of terminatio­n payments on exchequer apart from rendering the expressway dysfunctio­nal. Hence, they have presented a fait accompli (something that has already been done and cannot be changed), the department said.

WHY SUCH A SITUATION AROSE

The finance department has asked the HSIIDC to establish reasons as to why such a situation arose when the concession­aire had already taken commensura­te loans from banks/ lenders but was unable to complete the works.

“It should also be ensured that there is no duplicatio­n of works/ payments shown by the concession­aire, and the works done on e-way match the funds stated to have been utilised,” the finance department’s advice said.

The finance department in its advice also said that recovery should be made at the earliest from payable amounts including annuity.

“The loan will carry compounded interest at the rate which the HSIIDC is borrowing loan plus 3% spread and an undertakin­g should be taken from concession­aire, bankers and financial lenders,” the advice said.

 ?? HT FILE ?? The 136-kilometre long expressway was thrown open to the public by Prime Minister Narendra Modi in November 2018.
HT FILE The 136-kilometre long expressway was thrown open to the public by Prime Minister Narendra Modi in November 2018.

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