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Workers at Ciments Calcia’s Airvault plant go on strike 21 March 2018
France: Workers at Ciments Calcia’s Airvault cement plant have gone on strike, according to the Ouest-France newspaper. They have taken industrial action in relation to an on-going pay dispute.
Consultant alleges fraud at Binani Cement 21 March 2018
India: Vijaykumar Iyer, a resolution professional with Deloitte Touche Tohmatsu India working for Binani Cement, has alleged that fraudulent transactions have taken place involving the promoters of the company. Iyer made an application in mid-March 2018 to the National Company Law Tribunal (NCLT) in Kolkata asking the court to take action and ‘appoint an appropriate investigation agency to investigate the directors of Binani Cement and the counter parties,’ according to the Economic Times. Sources quoted by the newspaper say that the application is likely to receive a hearing imminently. Binani Cement has denied the allegations.
Iyer’s application said that he had appointed Haribhakti & Co as a ‘forensic consultant’ in November 2017 for reviewing and identifying ‘suspect’ transactions. He said that since the inception of the corporate insolvency resolution process, he had not been provided access to all the required information and documents. He alleges that Binani Cement made several payments to ‘potentially related and/or connected customers and entities,’ such as Saraswati Sales (SSPL) and US$75.4m was outstanding at the end of November 2017, suggesting that sales were made to SSPL despite the fact that corresponding payments were not made to the corporate debtor. Other inconsistencies were also found suggesting that money was being removed from the business without paying outstanding debts.
Dalmia Bharat beat UltraTech Cement in a bidding war to buy Binani Cement for US$974m in early March 2018 in an auction was run by the National Company Law Tribunal under insolvency proceedings. However, UltraTech Cement has since made a US$1.11bn bid directly to Binani Cement to stop the insolvency process. UltraTech Cement has said it is ‘shocked’ by the allegations by Iyer and that it was unaware of any pending investigations when it made its latest offer.
India: UltraTech Cement has made a new US$1.11bn bid directly to Binani Cement in order to buy it. Binani’s parent company Binani Industries is independently seeking to stop the insolvency proceedings of its cement subsidiary using the money offered by UltraTech Cement in a so called ‘comfort letter.’ In a statement UltraTech Cement said it had in principle agreed to buy 98.5% of the shares of Binani Cement.
However, a consortium led by Dalmia Bharat won an auction for Binani Cement with a bid of US$974m in early March 2018. The auction was run by the National Company Law Tribunal under insolvency proceedings. Binani Cement has since complained that the bidding process was not run on a transparent process, according to the Economic Times newspaper. It added that the ‘shortcomings’ in the insolvency process had prompted the company to look at other options. The on-going struggle by UltraTech Cement and Dalmia Bharat is expected to test local bankruptcy law.
India: The Central Pollution Control Board (CPCB) has issued a show cause notice to Parasakti Cement for processing hazardous waste like battery scrap and operating without permission. The CPCB also noted that the particulate matter emissions from clinker rollers and cement mill exceeded the revised standards, according to the Times of India newspaper. The cement plant, based at Guntur in Andhra Pradesh, has been given 15 days to remedy the situation. Previously in 2016 the company said it was complying with the emissions regulations.
Clinker ship sinks on river in Bangladesh 20 March 2018
Bangladesh: A cargo vessel carrying 1035t of clinker has sunk on the Rupsha River. Local police said that water started to enter the ship, MV-BB 134, whilst in the middle of the river when a crack opened in its hull, according to the United News of Bangladesh news agency. The vessel sank within an hour. No casualties have been reported.