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FUTURA POLYESTERS LIMITED - IDBI Capital

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RISK FACTORS<br />

An investment in Equity Shares involves a high degree of risk. You should carefully consider all the information in<br />

the Draft Letter of Offer, including the risks and uncertainties described below, before making an investment in our<br />

Equity Shares. If any of the following risks actually occur, our business, results of operations and financial<br />

condition could suffer, the price of our Equity Shares could decline, and you may lose all or part of your investment.<br />

The financial and other implications of material impact of risks concerned, wherever quantifiable, have been<br />

disclosed in the risk factors mentioned below. However there are a few risk factors where the impact is not<br />

quantifiable and hence the same has not been disclosed in such risk factors.<br />

The Draft Letter of Offer also includes statistical and other data regarding the Indian Manufacturing Industry. This<br />

data was obtained from industry publications, reports and other sources that we and the Lead Manager believe to<br />

be reliable. Neither we nor the Lead Manager have independently verified such data.<br />

Internal Risk Factors:<br />

1. Our Company is involved in certain legal proceedings which could render us liable to liabilities/penalties and<br />

have a material adverse effect on our business and profitability. We have also paid some penalties in the past<br />

Our Company is involved in certain legal proceedings and claims in relation to certain civil, labour, criminal<br />

and taxation matters incidental to our business and operations. These legal proceedings are pending at different<br />

levels of adjudication before various courts and tribunals. Any adverse decision may render us liable to<br />

liabilities/penalties and may adversely affect our business and results of operations. A classification of these<br />

legal and other proceedings instituted against and by our Company is given in the following table:<br />

Type of Legal Proceedings Total number of pending cases Financial<br />

Implications*<br />

Civil 19 Rs. 492 Lacs and USD<br />

6,03,330<br />

Criminal 4 Rs. 44.69 Lacs<br />

Labour 9 Rs. 0.80 Lacs<br />

Tax 58 Rs. 3677.08 lacs<br />

(**excluding Income<br />

Tax cases)<br />

Penalties imposed in the past five years on our Company:<br />

Sr. Amount of Brief particulars regarding penalty Remarks (paid/<br />

No. penalty<br />

payable and<br />

imposed (Rs.)<br />

reasons therefore)<br />

1. Rs. 19,325 Penalty of Rs. 19,325 imposed in the Assessment Year 2005-2006 Paid<br />

by the Commercial Tax Officer, for late payment of monthly sales<br />

tax under the provisions of the Tamil Nadu General Sales Tax Act,<br />

1959.<br />

2. Rs. 21,126 Penalty of Rs. 21,126 imposed in the Assessment Year 2005-2006<br />

by the Commercial Tax Officer for late payment of sales tax under<br />

provisions of the Central Sales Tax Act, 1956 read with Tamil<br />

Nadu General Sales Tax Act, 1959.<br />

Paid<br />

* The amount(s) disclosed in the above tables are the amount(s) expressly claimed, being the liability and financial<br />

impact which may be incurred if unsuccessful in legal proceedings. However, it does not include those penalties,<br />

interests and costs, if any, which may be imposed which may have been pleaded but not quantified in the course of<br />

legal proceedings, or which the Court/Tribunal otherwise has the discretion to impose. The imposition and amount<br />

of such penalties/interests/costs are at the discretion of the court/tribunal where the case is pending. Such liability, if<br />

any, would crystallize only on the order of the court/tribunal where the case(s) is/are pending.<br />

viii

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