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estimates from time to time and consequently, our programs for deployment of the Objects of the Issue may
be rescheduled.
46.
We have not entered into any definitive agreements to use of the proceeds of the Issue.
Our use of the proceeds of the Issue is at the discretion of the management of Our Company and is not
subject to monitoring by an independent agency. As described in the section entitled - Objects of the Issue
on page no. 56 of this Draft Letter of Offer, we intend to use a portion of the proceeds from the Issue for the
development and construction of our ongoing project – X’czar as well as part repayment of unsecured
loans. However, we have not entered into any definitive agreements for utilization of the proceeds of this
Issue. We may not be able to conclude such agreements or commitments on terms anticipated by us, or at
all. As a result, our planned use of the proceeds of the Issue may change.
47.
We propose to utilise part of the proceeds of the issue towards repayment of unsecured loans taken from
promoters and others.
The object of the Issue includes utilization of Rs. 1800 lakhs towards repayment of part of the existing
unsecured loans availed from promoters and others and hence would not result in creation of tangible assets.
As on March 31, 2011, the promoters and others have lent Rs 2,835.04 lacs as unsecured loans to our
Company which has inturn been applied towards implementation of various projects of our Company. For
more details please refer to Chapter “Objects of the Issue” on page no. 56 of this Draft Letter of Offer.
48.
We have not obtained certain approvals or permits for some of our ongoing / planned projects and may
be unable to obtain or renew required approvals and permits in a timely manner or at all and existing
approvals or permits may be suspended or revoked.
To successfully execute projects and operate our business, we are required to obtain statutory and
regulatory approvals, licenses, registration and permits and applications need to be made at appropriate
stages of the projects. For example, we are required to obtain the approval of building plans, layout plans,
environmental consents and fire safety clearances during various stages of the projects. Certain approvals
that we have applied for are currently pending. We may need to apply for renewal of approvals which may
expire from time to time, in the ordinary course of our business. For further details of the approvals
obtained by us and pending approvals, please see the section entitled - Government Approvals on page 184
of this Draft Letter of Offer.
We may encounter material difficulties in fulfilling any conditions precedent to the approvals described
above or any approvals that we may require in the future, some of which are onerous and may require us to
incur substantial expenditure that we may not have anticipated. We may also not be able to adapt to new
laws, regulations or policies that may come into effect from time to time with respect to the real estate
industry in general or the particular processes with respect to the granting of the approvals.
49.
We have not identified any alternate source of financing the ‘Objects of the Issue’. If we fail to mobilize
resources as per our plans, our growth plans may be affected.
We have not identified any alternate source of funding and hence any failure or delay on our part to raise
money from the Issue or any shortfall in the Issue Proceeds may delay the implementation schedule of our
projects and could adversely affect our growth plans. For further details please refer to the chapter titled
“Objects of the Issue” beginning on page 56 of the Draft Letter of Offer.
III.
Real Estate Investment and Property Development related Risks
50.
Land title in India is uncertain and there is no assurance of clean title to Our Company’s real estate
assets.
In India, property records do not constitute conclusive evidence and do not provide a guarantee of the title
to the land. The method of documentation of land records has not been fully computerized and are generally
maintained and updated manually. The land records are often in a poor condition, hand-written, in local
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languages and may not be legible, which make it difficult to ascertain the contents of the records and
sometimes materially impedes the title investigation process. This could also result in investigations being
inaccurate. As a result, the title of the real property that Our Company has invested and/or might invest in
future may not be clear. More often than not, the title to land is fragmented and it is possible that land
relating to one property may have come from multiple owners. Some land may have irregularities of title,
such as non-execution or non-registration of conveyance deeds and inadequate stamping and may be subject
to encumbrances of which Our Company may be unaware. It is also difficult to obtain title insurance in
India due to the limited availability of such insurance coverage. A lack of title insurance, coupled with
difficulties in verifying title to land, may increase Our Company’s exposure to third parties claiming title to
the property or otherwise materially prejudice the development of the property which could in turn have an
adverse effect on Our Company’s business, financial condition, results of operations and prospects.
51.
Property litigation is common in India and time consuming.
Property litigation particularly litigation with respect to land ownership is common (including public
interest litigation) and is generally time consuming and involves considerable costs. If any property in
which Our Company has invested is subject to any litigation or is subjected to any litigation in future, it
could delay a development project and/or have an adverse impact, financial or otherwise, on Our Company.
52.
The real estate sector in India is subject to heavy regulation and legislation.
The real estate market in India is subject to numerous legal requirements mandated by central and state laws
and regulations, including policies and procedures established by local authorities. Additionally, in order to
develop and complete a real estate project, developers must obtain various approvals, permits and licenses
from the relevant administrative authorities at various stages of project development. Any delay in applying
or obtaining such approvals or licenses will have an impact on timing of project development and
consequential returns to Our Company.
53.
The real estate sector is subject to local and municipal laws which vary from region to region and
ensuring compliance with such laws could be time consuming and costly.
The real estate sector is subject to local and municipal laws and taxes, in addition to central and state level
laws and taxes, which vary from region to region. Further, such laws and taxes are subject to changes or
revisions from time to time. Municipal taxes and statutory expenses for compliance with such laws could
lead to a reduction in the return on Our Company’s investments. The land held or acquired by Our
Company may be adversely affected by such revisions thereby reducing the value of such investments and
delay in project development.
54.
The Government may exercise rights of compulsory purchase or eminent domain in respect of our lands
and compensation in lieu of such acquisition may be inadequate.
The Land Acquisition Act, 1894 allows the Central and State governments to exercise rights of compulsory
purchase, or eminent domain, which, if used in respect of our land, could require us to relinquish land after
receiving payment of compensation. However, the compensation received pursuant to such acquisition may
not be adequate to compensate us for the loss of such property. The likelihood of such actions may increase
as the central and State governments seek to acquire land for the development of infrastructure projects
such as roads, airports and railways. Any such action in respect of one or more of our major current or
proposed developments could adversely affect our business, prospects, financial condition and results of
operations.
55.
Building and other consents in relation to the real estate assets may not be granted.
There can be no assurance that any building permits, consents or other approvals required from third parties
including central, state and local governmental bodies, in connection with the construction and letting of
existing or new development projects will be issued or granted at all, or in a timely manner to Our
Company. It is possible that some projects will be located in areas that will require significant infrastructure
support, including roads, electrical power, telecommunications, water and waste treatment. Our Company
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