Tuesday, May 4, 2010

The Unitech puzzle


SUNDAY GUARDIAN

Even as the Nira Radia phone tapping expose continues to dominate thepolitical and media mindspace, disturbing news concerning one ofIndia's top realtors forms one of the key components of the DG ITInvestigation Milap Jain's findings. In his report to Sudhir ChandraMember - Investigation, CBDT dated August 25, 2009, Jain cites thetapping on lobbyist Nira Radia's phone and lays bare the collusionbetween the realty firm Unitech and lobbyist Nira Radia. Thisconfluence of big business and a high profile lobbyist in salvagingthe group's image and financial health during a full blown corporatecrisis is shocking.
Interestingly these findings pulled out from raw conversations betweenvarious Radia associates come against the backdrop of the LehmanBrothers collapse in the US. Apparently, Unitech had sold shares inits Mumbai joint venture to Lehman Brothers before the dramaticcollapse of the iconic investment bank for Rs 750 crore.The firsttranche of Rs 740 crore was paid towards 50 per cent of Unitech'sholdings in Shivalik Ventures. The report suggests that a short termcapital gains of Rs 240 crore was realised on this sale which havebeen reported as a Capital Account adjustment rather than atransaction as income.
There is a suspicion on the part of DIT that the Group has taken bogusloan entries through entry operators. The entry operator, worried bythe then recession wanted to reverse the loan entries. Theconversations show the paranoia on the part of Unitech on the collapseof Lehman in the US. The concern is magnified due to the likelihood oftwo further tranches of investment which were to come from Lehmanthrough third party investors. Even more damaging are conversationspertaining to damage control measures including the bogus claim thatTelecom Italia is all set to invest in the Group's telecom venture.
In this hour of crisis, intercepted conversations show that Radia wasusing her influence to bail out Unitech by roping in Tata Realty withan advance, of which an outstanding of Rs 650 crore is spoken of. Evenmore damaging is the information that cheques given by Unitech have'bounced.' Radia is also shown as mediating on behalf of Unitech for atelecom license with Radia advising Unitech on bringing the Telenorinvestment into telecom venture in calibrated tranches in order togive a general impression to all and sundry that there is no windfallgain for Unitech's promoters, but that the investment is coming intothe body corporate. Incidentally Unitech which was in the throes of adeep rooted financial crisis turned itself around on the back of this22 circle license for which it forked out Rs 1651 crore. Subsequentlyit brought in Telenor as an investor with a corpus of Rs 6200 crorewhich helped retire some of the mountain of debt.

ISIS Equity Partners is suitor for Kings XI

Sunday Guardian

Yes, the first IPL franchise is ready to bite the dust. A top of theline Delhi based legal firm has been mandated by the Kings XI Punjabpromoters KPH Dream Cricket Pvt Ltd to find a buyer for the embattledIPL Mohali franchise which is facing queries on the tax and routing ofinvestments front. While it is cooperating with BCCI and Department ofIncome Tax to resolve all issues, it is parallely driving its saleprocess forward. Sources close to developments have revealed to SundayGuardian that the deal price has been finalised at approximately $300million, which is four times the price at which the franchise waspruchased in 2008 by Dabur's Mohit Burman, Bombay Dyeing's Ness Wadia,Apeejay Surendra's Karan Paul and actress Preity Zinta. A duediligence process is underway and the sale is likely to be concludedshortly.
It is believed that ISIS Equity Partners which is one of the UK’sleading mid-market private equity investors is the suitor for thefranchise. ISIS is reportedly partnering a corporate in thisacquisition. Typically, ISIS invests in transactions of between £5mand £75m in value in companies with profits in excess of £1m. Fundsare investedon behalf of both retail (Baronsmead VCTs) and institutional clients.Mohit Burman who is the majority shareholder in Kings XI confirmedthat ISIS Equity is someone with whom Kings is in anadvanced stage of dialogue. He refused to confirm the other entity dueto a confidentiality agreement.
Co owner Mohit Burman categorically told Sunday Guardian that thebuyer is neither Hero Honda's Pawan Munjal or Videocon's VenugopalDhoot who to his chargin found that his bid was trumped by Rendezvousand Sahara in the two teamauction held recently. While the modalities of the sale are still notknown, it iscertain that the price may be a consideration now that the fur isflying after the investigation being conducted by ED and IT sleuths.Earlier it was reported that Pawan Munjal was paying $260 million forthe city based franchise but this was vehemently denied by bothparties.
The exact shareholding of KPH Dream Cricket Pvt Ltd is:
MB Finmart (new name of Dabur Investment Corp) 2,23,850 sharesNess Wadia JMD Bombay Dyeing 4,47,700 sharesPreity Zinta4,47,700 sharesKaran Paul Chm Apeejay Surendra Group 77,861 sharesWindy Investment2,23,850 sharesRoot Investment 79,600 sharesColway Investments4,47,700 shares
Since both Windy and Colway share office space with MB Finmart andother Dabur group promoter owned entities. It is clear from theshareholding pattern that Mohit Burman is the majority shareholder inthe franchise. At a purchase price of $76 million, the selling priceof $300 million offers a huge premium, the valuation being 4x. Eachone of the four promoters is expected to make handsome returns ontheiroriginal investment. Burman is known as an investor who flips hisinvestments for a good profit - he did this with some like PunjabTractors and reportedly Vishal Mega Mart while in others like Aviva,Centurion Bank, Bongrain, Amforge Industries he remains invested.Earlier this year, he was part of a Burman family initiative to launcha $200 million healthcare and life sciences fund. Asia Healthcare Fundhas the Burmans as anchor investors. Some of Mohit Burman'sinvestments have been through vehicles like Elephant Capital listed onLSE AIM and in the past have been wide and varied:
*Aviva India, one of the leading life insurance players in India withits products available at over 370 locations and a sales force of over9,500 individuals. Following the liberalisation of the insurancesector in 2000, Mohit and his team gained one of a limited number oflicences and entered into a joint venture in 2002 with the AvivaGroup, one of the world’s largest insurance groups. The Burman familyhave invested over $75 million in the venture and own approximately 74per cent. of the business.• Vishal Retail, one of India’s leading retailers with a chain of 26stores and strategically positioned as a “value for money” destinationtargeting the fast growing middle class consumer.• Fidelity Fund Management India Private Limited (“Fidelity India”).Fidelity established its direct presence in the Indian market bysetting up Fidelity India in 2004 as a joint venture with the Burmanfamily. Fidelity India now has multiple funds. India is now the secondlargest country for Fidelity in terms of numbers of employees. Thecompany has offices in Mumbai and Delhi, with investment professionalsbased in each. The Burman family holds 25 per cent. of FidelityIndia. This investment was brought to the Burman family through theircontacts in Fidelity UK.• The Lord Krishna Bank (“LKB”) was started in 1940 in Kerala by agroup of entrepreneurs. Today it has grown rapidly in size and scope,from a local to a national bank and a network of 111 branches across11 states. TheBurman family has invested Rs.48.3 million in LKB, resulting in a 6.6per cent. holding.• ABN AMRO Securities (India) Private Limited, a joint venture betweenthe Burman family and ABN AMRO Bank, providing equity and debtsecurities services.
There is likely to be some debt on the books as well, but since thefinancials of IPL teams are not very transparent, this figure cannotbe quantified. As per the IPL conditionalities, none of the eightoriginal franchise owners could exit from their clubs - effectively 51per cent - till the end of season 3. While Kings XI reached the semifinals in season 1 losing to Chennai Super Kings, season two saw themwinning seven and losing seven. However, season 3 was anunmitigated disaster with the club losing six of its first seven games.
Mired in controversy from the beginning, Kings XI has been more famousfor its off field news flow - a racism row over two of thecheerleaders, followed by an unsavoury dispute between Ness Wadia andPunjab Police, then the infamous slapgate involving Sreesanth andfinally this year the use of the Bhagat Singh's name in anadvertisement created a huge controversy. With Bhagat Singh's kinthreatening to sue Kings XI for use of the freedom struggle martyr'sname in an advertisement, it created a furore in Punjab.

Modi's fattened friends and family circle


Sunday Guardian

If suspended IPL Commissioner Lalit Modi is keeping quiet,it is not without reason. Apparently when he came to Delhi to mount alegal challenge, he was told by city based senior counsels that it isbest at this juncture to prepare an adequate defence to the showcauseissued by the BCCI instead of going directly to court. In any caseformer president A C Muthiah's petition against N Srinivasan hasalready been admitted in the apex court. Moreover, it is Modi'sfriends and family enterprises which was a wide and varied networkwhere his tentacles were omnipresent. By slicing and dicing the rightspie, Modi made money hand over fist for the BCCI and doubled thecentral revenue pool for the franchisees, butbeneficiaries of his largesse were also his tightly knit circle offriends and family. Now when the BCCI wonders where the concludedcontracts are, some of these murky relationships are beinginvestigated. Sportzpower tried to track down some of these deals toexamine the extent of crony capitalism that Modi and Co indulged in.When Modi sold the theatrical rights of IPL to Entertainment andSports Direct (ESD) for Rs 330 crore for ten years, these samedistribution rights were transferred to Crown Infotainment and UFOMoviez. ESD is a wholly owned subsidiary of Dubai based investmentadvisory and private equity firm Dar Capital Group, headed by ArunRangachary.
Now guess who owned Crown Infotainment? Yes, Kunal Dasgupta, theformer CEO of MSM/Sony Entertainment Television. The technologypartner remained UFO Moviez and in another coincidence both UFO Moviezand Crown are owned in turn by Valuable Media. And who was the CEO ofUFO Moviez? Rendezvous investor Sanjay Gaikwad. This complicated webgets even more complex when it is discovered that ESD has another Modiloyalist - Chris McDonald as partner along with Dasgupta and one KapilAgarwal. Agarwal, Joint MD of UFO Moviez is reported to be related toModi from his mother's (Bina) side, but this remains unsubstantiated.
Chris McDonald incidentally was the CEO of Ten Sports. Ten Sports wasfirst brought into India by Lalit Modi owned Modi EntertainmentNetwork. McDonald now wears many hats, he also doubles up as the CEOof Red Partners. Which has an ominous linkage with the IPL. It wasnamed the one year on ground food concessionaire for the IPL thisyear. Red Partners was centrally responsible for the entire food andbeverage experience of IPL. On getting the contract earlier this yearMcDonald said, "We will work towards ensuring that IPL fans attendingthe 45 day cricketing carnival across India will now be privy to atruly world-class food and beverage experience akin to what sportingfans around the world have become accustomed to. Our standardizedmenus will cater to the unique fan base of each region enhancing theinstadia experience for IPL fans.”
Last year McDonald had stepped down as CEO of Taj TV's Ten Sports, acompany which he founded in late 2000. McDonald and Modi have knownone another for years. Modi's earlier venture Modi EntertainmentNetwork specialised in handholding foreign channels and broadcastersin their quest to grab a slice of the still closely controlled Indianmarket. Modi got Walt Disney, ESPN, Ten Sports and FTV in to Indiathis way. But most of these relationships soured very quickly, withsome ending up in arbitration proceedings. Pioneer Diagsys, anotherfirm floated by the same Kunal Dasgupta who architected the multipleyear multi million IPL broadcast deal with Lalit Modi, has the rightsto hawking the advertising in between the 20:20 matches. The mid over150 second advertising rights deal was sealed by Dasgupta and Modijust days before season 3 kicked off. It is believed that Pioneerwould have made Rs 54 crore from this deal itself. These 150 secondswere retained by Modi and IPL despite protests from Sony formonetising through this process at a subsequent date.
Similarly, another allegedly dubious and quickly concluded deal wasthe one with Yog Sports, a marketing and distribution company whichIPL and Modi tied up with for merchandising of IPL products for aperiod of 10 years. Yog's job was to set up IPL match stores atvarious IPL venues, malls, high street destinations, multiplexes,airports et al and a total of 200 stores across 12 cities. Theyappeared virtually out of the blue with one Saumitra Srivastava namedas director of the company.

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