You are on page 1of 9

NCDEX e MARKETS LIMITED

Circular No: NEML/TRADING/APRIL/2024/10588


Date: 17 Apr 2024
Subject: E-auction of Various scrap materials from Patanjali Foods Ltd,
Nagpur, Maharashtra

To all the Registered Participants of NCDEX e Markets Ltd.

All Trading & Clearing Registered Participant and Commodity Participant.

Registered Participants are hereby requested to take a note of Patanjali Foods Limited,
Mihan Plant, Butibori, Nagpur wants various scrap materials for on-line sale through
NCDEX e Markets Ltd. (NeML) platform. The contract notes cum terms and conditions
for the sale of Patanjali Foods Limited, metal and non-metal scrap stock are as per
Annexure 1 attached herewith. The transactions will be subject to circulars, directives &
notices issued by Patanjali Foods Limited from time to time.

For and on Behalf of


NCDEX e Markets Limited.

Krishna Yerramilli
AVP | Business
For Further Information / Clarifications,
Please Contact: Customer Service Group on Toll Free -18002101222 / 022-61201000 or
send an email at askus@neml.in
Registered Office: Unit No 101 & 101T, 1st Floor, Akruti Corporate Park, L. B. S. Marg,
Kanjurmarg (West), Mumbai- 400078.
CIN:U93090MH2006PLC165172
Phone: +91-22-48810500 Website: www.neml.in
Invitation for enrolment of buyers for participation in electronic bidding of Metal and Non-
Metal Scraps available at various locations of Patanjali Foods Limited, Raigad

1. Introduction
1.1. Patanjali Foods Limited (herein after referred as” PATANJALI FOODS LIMITED” or
“Seller”) has decided to sell various metal Scraps whose tentative cumulative
quantity shall be as per Annexure 1 ,+/- 15% variance in the quantity as per the
details mentioned in Annexure 1.
1.2. The stock as per details in Annexure 1 (herein after referred to as “Scrap Stocks”),
will be offered for sale through competitive electronic bidding process (e-auction). For
this purpose, Seller will be utilizing the services of NCDEX e Markets Limited (NeML)
to offer Stocks for sale through their online platform. Interested participants may visit
www.neml.in to know the details of Scrap stocks for e- auction(s). Seller will declare
the description of the scrap material, same shall be incorporated in the Annexure 1.

1.3. For participating in the sale of scrap, registration with NeML is mandatory.
Applications are invited from eligible participants for enrolling as buyers of Scrap. The
terms and conditions mentioned in this tender document will be binding on the
bidders who deposit EMD and participate in the e-auction. The interested
buyers/bidders who wish to participate must read the terms and conditions
thoroughly before participation in the on-line auction. Any amendment in the terms
and conditions of this ‘PATANJALI FOODS LIMITED ’Tender will be intimated by
issuing circular on the website of NCDEX e Markets Ltd www.neml.in and shall be
binding on the bidders. Applicants are requested to visit the website on a regular
basis. The procedure for enrolment and registration of buyers, terms and conditions
of purchase of scrap stocks are detailed below.

2. DOCUMENTS TO BE FURNISHED TO NCDEX e Markets Ltd ALONG WITH


APPLICATION FOR REGISTRATION

2.1. Duly filled Basic commodity participant application form and undertaking as
mentioned in Annexure 2 and related supporting proof for address etc.
2.2. Copy of self-attested PAN card.
2.3. Certificate of registration under GST as applicable.
2.4. Duly signed copy of this ‘PATANJALI FOODS LIMITED’ Tender having accepted all
the terms and conditions contained therein.
2.5. Electronic fund transfers to NCDEX e Markets Ltd, payable at Mumbai for Rs.1000/-
(Rupees Five Thousand only) + Applicable GST (18%) (Total 1180/-) in the following
account of NeML.

A/c Name - NCDEX e Markets Ltd Bank Account

NCDEX e Markets Ltd Bank Account Details

Bank Name Bank Account Name Company Dues Account IFSC Code
Yes Bank NCDEX e Markets Ltd 026883000000102 YESB0000268

The interested applicants may visit website www.neml.in for any relevant information and
application form for registration with relevant Annexure to be downloaded from the website
of NCDEX e Markets Ltd www.neml.in. Requests for forwarding application form through
post / couriers will not be entertained.
2.6. Regarding enrolment as participant on NCDEX e Markets Ltd. Interested participants
can also contact the Customer Service Group on phone number (022)66473153/54
or Mr. Rajratna Bagde- 8421549842, Sandesh Verma- 93254 40639.

2.7. Those who have already registered as Commodity Participants/Registered


Participant on NCDEX e Markets Ltd and who have renewed their Registered
Participant membership for the current financial year need not separately register.
However, they shall submit duly signed PATANJALI FOODS LIMITED Tender
document for having accepted the terms and conditions of this tender to participate in
the proposed e-auctions.

3. EVALUATION OF APPLICATION FOR REGISTRATION


3.1. The duly filled up application form along with relevant documents and fee /
registration charges shall be submitted on or before to the below mentioned address:
To,
NCDEX e Markets Limited,

3.2. Contact- Mr. Rajratna Bagde- 8421549842, Sandesh Verma- 93254 40639.

3.3. NCDEX e Markets Ltd officials will scrutinize the application forms received and
relevant documents submitted. The applicants will be informed regarding acceptance
/ rejection of their applications.
3.4. The details of Warehouse/Godown/Plant wise quantity will be uploaded on
www.neml.in regularly as and when the e-auction(s) is scheduled to be held.

4. PROCESS OF ELECTRONIC BIDDING SYSTEM

4.1. The NCDEX e markets Ltd after scrutiny of application for registration will enroll the
applicants on the-auction platform subject to certain eligibility criteria as prescribed by
the NCDEX e markets Ltd in consultation with PATANJALI FOODS LIMITED. For the
purpose of the e-auction(s), Registered Participants will be allotted with user ID and
password by NCDEX e markets Ltd.
4.2. The Registered Participant with such Registered Participant ID and password are only
eligible to participate in the e- auction(s).
4.3. The NCDEX e Markets Ltd in consultation with PATANJALI FOODS LIMITED
schedule the e-auctions of MS grade scrap metal such details viz., auction calendar
will be published on NCDEX e markets Ltd website i.e. www.neml.in.
4.4. The Registered Participant will not be intimated individually regarding the e- auctions.
However, the registered buyers may contact NeML relationship manager.
4.5. Alternatively, the Registered Participant may contact the Customer Service Group of
NCDEX e Markets Ltd on phone numbers (022) 66473153/54 for information on
schedule of e-auction(s). The Registered Participant shall take adequate care and are
solely responsible to obtain details of the schedule of e- auction(s) through the website
www.neml.in in their own interest, rather than depending on other mode of information
sources.
4.6. Every registered Participant with be provided with unique escrow account number by
NeML. The registered Participant shall deposit 5% (Five Percent) of the bid value of
Default Stocks as EMD (margin money) with the NCDEX e Markets Ltd into the
provided Escrow Account to participate in the proposed auctions byway of RTGS or
electronic fund transfer, well in advance i.e. at least one day before the scheduled date
of proposed e-auction in which the registered Participant propose to participate.
Participants are instructed to deposit additional 0.6% of the bid price into their escrow
account. Only H1 bidders Transaction charges @ 0.5+18%GST = 0.59% shall be
deducted from additional 0.6% deposit.
4.7. The bidder should intimate NCDEX e Markets Ltd for the transfer of EMD/Funds
through https://cst.neml.in/the manner as prescribed by NCDEX e Markets Ltd. The
bidder Registered Participant may contact Customer Service Group of NCDEX e
Markets Ltd on +91 022 66473153/54 for more information.
4.8. The Registered Participant shall be allowed to bid only if the requisite EMD is available
in the EMD Account (as mentioned in 4.6) of NCDEX e Markets Ltd. The amount
deposited as EMD would determine the bidding capacity of the bidder. Since the EMD
calculation is dynamic based on H1 incremental bid price x qty x5% therefore bidders
are requested to keep sufficient EMD amount into their escrow account.
4.9. In case, if any bid is received 3 minutes prior to the scheduled e-auction closing time
then the e- auction(s) schedule shall be extended for 5 minutes over and above the
scheduled closing time of e- auction (s). There shall be maximum three such
extensions.
4.10. The bidders shall place their bids online on NeML Platform https://scrap.neml.in, the
online trading system made available by NCDEX e Markets Ltd as per the terms and
conditions of the tender.
4.11. Price to be quoted lot wise on net weight basis, as per the details specified for a
particular delivery location as available on the website of NCDEX e Markets Ltd.
The lots are offered for sale on “as is where is basis and as is what is basis”. The
evaluation and finalization of bids received shall be made on the basis of the highest
price quoted by the bidders in respect of each lot.
4.12. The Price quoted shall be on Rs/Unit & Rs/QTL () on (Ex-warehouse/ Ex-works) on
“as is where is basis” for each lot and are:
a) Exclusive of all incidental expenditures at the Warehouse/Godowns/Plants (if any) &
Applicable Entry tax/ GST. The quotation basis shall be exclusive tax and levies as
may be applicable. The buyer has to bear all such expenses as per actuals.
b) The delivery shall be ex-warehouse/ex-plant basis. All cost including labour charges,
scrap lifting and cutting equipment hiring charges, material handling cost, all type of
logistics cost, loading, unloading to truck from warehouse, transportation, Hamali
charges, weigh bridge charges, all taxes, fee, levies plus GST as may be applicable
will be borne by buyer separately as per actuals.
c) Exclusive of Transaction Charges payable to NCDEX e Markets Ltd. The Transaction
Charges at the rate of 0.5% of traded/sale value and applicable GST on the
Transaction Charges are payable by the Buyer and 0.4% plus GST by the Seller to
NeML. The TC calculated on auction value or actual trade value, whichever is higher.

4.13. The Bids of all Bidders who have participated in the e-auction(s) will remain valid for
a minimum period of five working days from the date of e-auction(s).
4.14. The Bidders are required to quote in Indian Rupees per 1 KG () for each e- auction.
PATANJALI FOODS LIMITED may specify, if desired a floor price below which no
bids may be accepted by NeML Platform. The minimum tick size shall be Rs.0.25/-
(twenty five paisa) and No. of Ticks shall be 100.
4.15. During the bidding session, a bidder may modify his bid upwards to an increased
value higher than the existing highest bid. No cancellation of Bids shall be allowed
during the e-auction session.
4.16. PATANJALI FOODS LIMITED & NCDEX e Markets Ltd shall not be responsible for
any failure of power, network, server, bandwidth problems, hosting server, internet
connectivity, ISP or otherwise or the slowness to access NCDEX e Markets Platform
https://scrap.neml.in. In case the e-auction is not concluded/completed as scheduled
for any reason whatsoever including technical reasons, NeML may, in consultation
with PATANJALI FOODS LIMITED reschedule the e-auctions on the same or
different date on same or modified terms and conditions, details of which shall be
published on NeML website.
5. Post auction process:
5.1. Only the EMD of the highest bidder in e-auctions would be blocked by NCDEX e
Markets Ltd. EMD of the unsuccessful Bidder(s), including those whose bid(s), which
are not accepted due to non- fulfillment of the conditions of the tender document,
shall be refunded to the bidder on the withdrawal request made by Registered
Participant through https://cst.neml.in/ latest by one working day from the day of
close of e-auction(s).

5.2. The highest bid of each lots as declared by PATANJALI FOODS LIMITED are
binding on all bidders. Any requests for cancellation of bids received either during the
auction session or after the conclusion of an e- auction(s) session shall not be
accepted. Failure to accept award of purchase by the successful bidder shall result in
the forfeiture of the EMD.
5.3. Any bid placed using the bidder’s user Id and the password shall be deemed to be an
unconditional binding of the bidder to whom such username and the password has
been allotted by NCDEX e Markets Ltd, inter-alia, for the purpose of the e-auction(s)
and the bidder shall be solely and fully responsible for all the activities that occur
under such username and password. The user is therefore advised to check the
username and the password before the e- auction(s) and is advised not to reveal it to
anyone else so as to prevent misuse of the same.
5.4. PATANJALI FOODS LIMITED shall evaluate the highest bid after conclusion of
auction and has the right to accept or reject the highest bid if found not competitive.
5.5. Authorized person from Seller shall inform to NeML via registered email id on the
auction result. Back-to-Back the confirmation of acceptance or rejection of the
highest bid will be
intimated by NCDEX e Markets Ltd by email to the registered e-mail ID of the
registered buyer.
5.6. Once PATANJALI FOODS LIMITED confirm the auction price of the traded lots,
same shall be fixed for the next 30 calendar days from the date of confirmation.
5.7. After bid approval, winner bidder(buyer) must deposit the additional 5% of the auction
value amount as Security Deposit into his escrow account.
5.8. Total 10% of the auction value amount will remain blocked into bidder escrow
account till final lifting of the stock.
5.9. The Invitation of Bids, the terms and conditions of the PATANJALI FOODS LIMITED
tender, Bid of the Successful bidder, Letter/Email Confirmation/Acceptance issued by
the PATANJALI FOODS LIMITED to the successful bidder (Buyer) along with any
amendment issued prior to award of e-auction(s) shall constitute the terms and
conditions of valid and binding contract between the Seller and the Buyer
enforceable in the court of law.
5.10. The EMD plus Security Deposit (total 10%) will remain blocked till full and final
delivery of scrap against delivery order. This 10% blocked amount shall be adjusted
in the last and final delivery order generation under the trade settlement process. The
same will be in accordance with the terms and conditions of PATANJALI FOODS
LIMITED tender document and completion of the clearing and settlement process by
NeML.
5.11. In case of unsuccessful bid of the bidder, the EMD will be refunded by NCDEX e
markets on the next working day. If the bidder wishes to retain the EMD,
the same would be retained by NCDEX e Markets Ltd for participation in the
subsequent e-auctions.
5.12. The successful bidders will be charged transaction charges of 0.5% (half per cent) of
the traded value and applicable GST by NCDEX e Markets Ltd.
5.13. The sellers will be charged transaction charges of 0.4% of the auction/traded value
and applicable GST by NCDEX e Markets Ltd.
5.14. TDS @ 1% u/s 194-O of Income Tax Act,1961 and TCS-GST @ 1% u/s 52 of CGST
Act,2017 will be deducted from seller payout on final invoice value. Both TDS and
TCS-GST are applicable on seller.

5.15. NCDEX e Markets Limited is only acting as a e-auction service provider for the
purpose of the e- auctions and shall not take any responsibility whatsoever relating to
profit or loss suffered by any Buyer or Seller on account of Registered Participant’s
participation in e-auction process. NeML shall not be held responsible or liable by
Buyer and Seller in this regard.

6. Fund and Delivery Process.

6.1. The successful bidder/buyer will get 30 days for the partial payment and lifting of the
stock calculated from the date of approval.
6.2. The successful bidder will have two options
(A) he may deposit total trade obligation value into their escrow account and generate
the partial Delivery order or (B) one time delivery order valid till 30 days from the date
of approval.
6.3. In case if buyer wish to lift the stock in staggered manner, then he has option to
make part payment and accordingly generate the equivalent quantity Delivery Order.
The successful bidder will generate the on-line delivery order after making payment
partial or full calculated on the approved price. In case of in-sufficient fund on-line
delivery order will not generate. Validation of on-line DO and final issuance of the
delivery order by PATANJALI FOODS LIMITED subject to following conditions:

6.4 After delivery order generation, as per Clearing and settlement tracker report, NeML
transfer the payout to the PATANJALI FOODS Limited bank account in one bank
working day from the date of delivery order generation.
6.5 NeML send the payout report to the Seller authorize staff registered email id.
6.6 NeML send the Delivery order copy via email to the Seller authorize person email id
copy to buyer email id.
6.7 The final delivery order will be issued by PATANJALI FOODS LIMITED only to the
extent of amount received from NeML. Partial payment and delivery are allowed.
NeML CSG team will send the auction confirmation email to the H1 bidders after
receipt of the approval.
6.8 Since awarded rate will be fixed for the 30 calendar days from the date of
confirmation, successful buyer/buyers must lift the entire scrap available and also
generated during the period from date of confirmation till 30 calendar days.
6.9 Upon issuance of delivery orders, the awarded quantity of scrap stocks shall be lifted
within stipulated period, as specified by the PATANJALI FOODS LIMITED, given for
each lot from the date of intimation of acceptance of the bid. Failure to take delivery
within the stipulated time as specified by PATANJALI FOODS LIMITED, will attract
forfeiture of Buyer’s EMD and Security Deposit. Upon receipt of email from the
Seller about buyers’ default, NeML shall transfer the EMD and Security Deposit
amount to the Seller designated Bank account.
6.10 Violation of any of the Clause/Clauses of this Tender document shall be deemed as
violation of Terms and Conditions of PATANJALI FOODS LIMITED Tender.
6.11 non-acceptance of award of PATANJALI FOODS LIMITED Tender within two
working days of declaration of e-auction results will amount to forfeiture of EMD
deposited.
6.12 The buyer, through his authorized representative, while taking delivery of traded
stocks shall submit delivery order issued by PATANJALI FOODS LIMITED to the
warehouse/plant officials who will facilitate the delivery of stocks from the
Warehouse/Plant. The Buyer or his representative is required to furnish photo identity
proof to the warehouse/Plant authorities.
6.13 The Warehouse/Plant authorities shall deliver the quantity of stocks as
mentioned in the delivery order in front of authorized representatives of
Warehouse/Plant, PATANJALI FOODS LIMITED and the Buyer.
6.14 PATANJALI FOODS LIMITED will provide sale certificate plus applicable GST, if any
to the concerned authorities on behalf of the buyer before giving delivery of stocks.

Default Scenario and settlement process:


6.15 Giving proper delivery of the Scrap is the sole and exclusive responsibility of the
Seller. In case the Seller is unable/fails to give delivery of the traded stocks or the
delivery is delayed beyond reasonable period, for any reasons whatsoever, including
any third-party claims and/or disputes and/or change in commodity traded for, the
trade shall be treated as cancelled by NeML and EMD and/or sale proceeds or any
other amount deposited by the Buyer shall be returned back without any interest by
NeML.
6.16 Delay or refusal in taking delivery of traded stocks by the Buyer beyond the
permissible time limit, shall result in forfeiture of the EMD and the same shall be
transferred to PATANJALI FOODS LIMITED after deducting Buyer Transaction
Charge of .5% plus GST.
6.17 Successful buyer after collecting the delivery order issued from PATANJALI FOODS
LIMITED, shall intimate PATANJALI FOODS LIMITED the date of taking delivery of
traded stocks from warehouse within the allocated delivery timelines so as to enable
PATANJALI FOODS LIMITED to make necessary arrangements for delivery of
stocks.
6.18 Upon successful completion of the delivery process, EMD will be unblocked and shall
returned to the buyers for further utilization in the auction or buyers may put
withdrawal request.
6.19 TDS @ 1% u/s 194-O of Income Tax Act,1961 and TCS-GST @ 1% u/s 52 of CGST
Act,2017 and Transaction charges @ 0.4% plus GST (applicable @18%) will be
deducted from seller payout on final invoice value. Credit of TCS-GST will be
available to seller on monthly basis as ITC at their GST login and credit of TDS will
be available on quarterly basis in their form 26AS at their Income Tax login.

7. Resolution of Disputes
7.1. In case of any disputes relating to sale including the interpretation of any of the
Clause/Clauses of the PATANJALI FOODS LIMITED tender, the dispute shall be
referred to the authorized person of the PATANJALI FOODS LIMITED The decision
of authorized person of the PATANJALI FOODS LIMITED shall be final.
7.2. In case the matter remains unresolved or the Buyer is dissatisfied by the decision
taken by the authorized person of PATANJALI FOODS LIMITED, the dispute shall be
referred to a sole Arbitrator appointed mutually by the buyer and seller. The decision
of the Arbitrator shall be final and binding on the Parties to the dispute. The
Arbitration shall be conducted as per the Arbitration and Conciliation Act, 1996 along
with its amendments from time to time. The language of Arbitration shall be English
and seat of Arbitration shall be at Indore.
7.3. NCDEX e Markets Limited is acting only as a service provider for this e-auction of
Default Stocks in accordance with the express instructions received from the Seller in
this regard. NeML shall not be a party to the contract between the Seller and the
Buyer subsequent to successful completion of e- auctions. By bidding in this e-
auction, a bidder acknowledges that NCDEX e Markets Limited shall not be held
responsible for any loss that he/she/they may suffer as a consequence of this e-
auction or non-adherence of these terms and conditions.
NCDEX e Markets Ltd will be providing e-Auction platform for the purpose of price
discovery, facilitating the trade fulfillment and shall not take any responsibility
whatsoever in connection with any disputes that may arise during the tenure of the
tender/contract or thereafter. Both seller and buyer shall completely absolve NCDEX
e Markets Ltd from any consequences resulting out of this tender and further any
disputes between buyer and seller shall have to be resolved by them as per Clause
6.1and 6.2 above. Both Buyer and Seller agree and acknowledge that NeML shall
not be made party to any litigation, suit, petition, application, arbitration or appeal
arising from the dispute between buyer and seller. Both the buyer and the seller
agree and accept to indemnify and keep NeML indemnified from all the claims,
losses or expenses that NeML may incur/suffer as a result of inclusion of NeML as a
party to any dispute between buyer and seller.

7.4. Court situated in District Indore M.P.. to the exclusion of all other courts in India, only
shall have the jurisdiction in the matter.

8. FORCE MAJEURE
Should any of the force majeure circumstances, namely act of God, natural calamity, fire,
Government of India Policy, restrictions( excluding any stock limits), strikes or lock-outs by
workmen, war, military operations of any natural and blockades preventing the Seller/Buyer
from wholly or partially carrying out their contractual obligations, the period stipulated for
the performance of the Contract shall be extended for as long as these circumstances
prevail, provided that, in the event of these circumstances continuing for more than two
months, either party shall have the right to refuse to fulfill its contractual obligations without
title to indemnification of any losses it may thereby sustain. The party unable to carry out
its contractual obligations shall immediately advise the other party of the commencement
and the termination of the circumstances preventing the performance of the contract. A
certificate issued by the respective Chamber of Commerce shall be sufficient proof of the
existence and duration of such circumstances.
I/We have read the Terms and Conditions of e-Auction for the sale of scrap metals and
unconditionally and unequivocally agree to abide by terms & conditions stipulated above.
The duly signed terms and conditions of document is enclosed to this application along
with relevant documents.

Place: Signature of Applicant:


Date: Name:
Seal:
Annexure 1:
Scrap item, description, Scrap grade, weight/ nos, delivery location.

Contact person details at Site/factory/warehouse for scrap inspection Contact Details : Mr.
Akash Tiwari ; Phone Number :+91 8269104945

Patanjali Food Limited – Mihan Plant, Nagpur

PATANJALI FOOD LIMITED SCRAP E- AUCTION ON DT.18/04/2024 AT NeML

Sr. Region Locatio Factory/Warehouse Material name Uni Approxima E- E- No. of


No n name t te Quantity Auction Auction Extensi
Start End on
Timing Timing
Patanjali Foods Limited,
Unlimit
Mihan Buttiboli, 03:00 PM 3:30 PM
ed
Nagpur
1 MaharashtraNagpur Tin Katran MT 7.2
Patanjali Foods Limited,
Unlimit
Mihan Buttiboli, 03:00 PM 3:30 PM
ed
Nagpur
2 MaharashtraNagpur Tin plate cover MT 4.5
Patanjali Foods Limited,
Unlimit
Mihan Buttiboli, 03:00 PM 3:30 PM
ed
Nagpur
3 MaharashtraNagpur Ghattan Patti Kg 2000
Patanjali Foods Limited,
Unlimit
Mihan Buttiboli, 03:00 PM 3:30 PM
ed
4 MaharashtraNagpur Nagpur MS Scrap Light MT 6.5
Patanjali Foods Limited,
Unlimit
Mihan Buttiboli, 03:00 PM 3:30 PM
ed
5 MaharashtraNagpur Nagpur MS Scrap Heavy MT 6.5
Patanjali Foods Limited,
Unlimit
Mihan Buttiboli, 03:00 PM 3:30 PM
ed
Nagpur
6 MaharashtraNagpur Waste Aluminium kg 150
Patanjali Foods Limited,
Unlimit
Mihan Buttiboli, 03:00 PM 3:30 PM
ed
Nagpur
7 MaharashtraNagpur Waste Empty Tin without rusting
Nos. 1500
Patanjali Foods Limited,
Unlimit
Mihan Buttiboli, 03:00 PM 3:30 PM
ed
8 MaharashtraNagpur Nagpur Waste Empty Tin with rustingNos. 2000

URL- https://market.neml.in
Note - E-Auction is "As is where is Basis"(Please visit the Factory / warehouse for sampling before bidding in the auctuion)

You might also like