Delhi High Court - Orders
Daiichi Sankyo Company Limited vs Malvinder Mohan Singh And Ors on 15 February, 2022
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(EFA)(COMM.) 6/2016, EX.APPLs.(OS) 590/2020,
494/2020, 1361/2021, 1365/2021 & 115/2022
DAIICHI SANKYO COMPANY LIMITED ..... Decree Holder
Through: Mr. Arvind Nigam and Mr. Arun
Kathpalia, Senior Advocates with
Mr. Amit Kumar Mishra, Mr. Mohit
Singh, Ms. Kanika Singhal,
Mr. Varad Choudhary, Mr. Kunal
Chatterjee and Mr. Rohan Jaitley,
Advocates.
versus
MALVINDER MOHAN SINGH AND ORS. ..... Judgment Debtor
Through: Ms. Sonal Gupta, Mr. Manu Bajaj and
Ms. Nitika Pandey, Advocates for
ICICI Bank- M/s. Parekh & Co.
Mr. Joby P. Varghese and Mr. Yash
Chaturvedi, Advocates for RC
Nursery Pvt Ltd. (Garnishee No. 26).
Mr. Anurag Bindal, Advocate/ Local
Commissioner.
Ms. Somaya Gupta, Advocate for JD
16, 17 and Best Healthcare Pvt Ltd.
Ms. Avni Singh, Advocate for Singh
Family Trust.
Mr. Sanjay Jain, Additional Solicitor
General with Mr. Saleem Hasan, Mr.
Abhijeet Mittal and Mr. Rohit
Dahiya, Advocates for Fortis
Healthcare Limited, Fortis Hospitals
Limited, SRL Ltd.
Ms. Suman Yadav and Mr. Dhruv
Nayar, Advocates for JD 1, 3, 4 and
Signature Not Verified
Digitally Signed
By:AKANSHA SINGH
O.M.P.(EFA)(COMM.) 6/2016 Page 1 of 6
Signing Date:19.02.2022
15:18:52
13.
Mr. Ashish Dholakia, Senior
Advocates with Mr. Sitesh
Mukherjee, Mr. Sandeep Das,
Mr. Rohan Chawla, Ms. Aishwarya
Singh and Ms. Anandini Kumari
Advocates for Religare Finvest Ltd.
and Religare Enterprises Ltd.
Mr. Darpan Wadhwa, Senior
Advocate with Ms. Aditi Mohan,
Advocate for Luxury Farms Pvt. Ltd.
(EX.APPL.(OS) 5553/2019).
Mr. Aditya Dewan, Advocate for JD
6 to 8.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 15.02.2022
[VIA VIDEO CONFERENCING]
EX.APPL.(OS) 1097/2021 (u/ Sec. 151 of Code of Civil Procedure, 19008 [hereinafter "CPC"] on behalf of Decree Holder seeking exemption from filing typed copies of dim/ illegible annexures) and EX.APPL.(OS) 1098/2021 (u/ Sec. 151 of CPC on behalf of Decree Holder seeking exemption from filing notarized affidavit)
1. Exemption is granted, subject to all just exceptions.
2. The Applicant/ Decree Holder shall file better copies of exempted documents, compliant with practice rules, before the next date of hearing.
3. Accordingly, the applications are disposed of.
EX.APPL.(OS) 1096/2021 (u/ Order XXI Rule 41 r/w Sec. 151 of CPC on behalf of the Decree Holder seeking attendance, examination and direction to Judgment Debtors No. 1, 4, 6 and 8)
4. Issue notice to Judgment Debtors No. 1, 4, 6 and 8. Ms. Suman Yadav, Advocate accepts notice on behalf of Judgment Debtors No. 1 and 4 Signature Not Verified Digitally Signed By:AKANSHA SINGH O.M.P.(EFA)(COMM.) 6/2016 Page 2 of 6 Signing Date:19.02.2022 15:18:52 and Mr. Aditya Dewan, Advocate accepts notice on behalf of Judgment Debtors No. 6 and 8.
5. Reply, if any, be filed within a period of three weeks from today. Rejoinder thereto, if any, be filed before the next date of hearing.
6. List on 28th March, 2022.
E.A. 185/2022 (u/ Order XXI Rules 46 and 64 r/w Sec. 46, 51 and 151 of CPC on behalf of Decree Holder seeking necessary directions along with affidavit)
7. By way of the present application, Decree Holder seeks attachment and sale of land parcels owned by entities enumerated in paragraphs No. 7 and 8 of the said application.
8. Mr. Arvind Nigam, Senior Counsel for the Decree Holder places reliance on a similar application being - I.A. 14511/2018, wherein this Court vide Order dated 17th December, 2018 had restrained transfer, alienation or creation of third-party rights of the assets.
9. Mr. Nigam submits that the Decree Holder now has further details of land parcels situated within Delhi and outside Delhi, which belong to the entities mentioned in the application. He submits that the 'Shimal Group of Companies' owns several other land parcels in other parts of the country.
10. Accordingly, it is directed that the entities mentioned in paragraphs No. 7 and 8 are restrained from transferring, alienating, or creating any third-party rights qua the properties mentioned in the tables reproduced in the aforenoted paragraphs, till further orders of the Court.
11. Issue notice to the afore-said entities, upon filing of process fee, by all permissible modes, returnable on 28th March, 2022.
12. In the event, the Decree Holder is not able to serve the said entities by Signature Not Verified Digitally Signed By:AKANSHA SINGH O.M.P.(EFA)(COMM.) 6/2016 Page 3 of 6 Signing Date:19.02.2022 15:18:52 ordinary mode, the Decree Holder shall be liberty to apply to this Court for substituted means of service. The said application, as-and-when filed, shall be placed before the Ld. Joint Registrar for appropriate orders.
EX.APPL.(OS) 186/2022 (u/ Sec. 151 of CPC on behalf of M-n-J Trust seeking permission to file documents in compliance with Order dated 27th January, 2022)
13. For the grounds and reasons stated therein, the application is allowed. The trust deed dated 05th December, 2014 is taken on record.
14. Accordingly, the application stands disposed of.
EX.APPL.(OS) 5552/2019 (u/ Sec. 51 r/w Order XXI r/w Sec. 151 of CPC on behalf of the Decree Holder seeking directions and necessary orders qua immovable property owned by Luxury Farms) and EX.APPL.(OS) 5553/2019 (u/ Sec. 51 r/w Order XXI r/w Sec. 151 of CPC on behalf of the Decree Holder seeking directions and necessary orders qua immovable property owned by R. C. Nursery Pvt. Ltd.)
15. The replies to the aforesaid applications are on record. Mr. Darpan Wadhwa, Senior Counsel for Luxury Farms Pvt. Ltd. in EX.APPL.(OS) 5552/2019 is permitted to place additional document(s), if any, within a period of one week from today with an advance copy to the Decree Holder.
16. The Decree Holder as well as the non-Applicants are permitted to file a brief note, not exceeding two pages, before the next date of hearing.
17. List on 28th March, 2022.
E.A. 660/2019 (u/ Order XXI Rules 46 and 64 r/w Sec. 46, 51, 151 of CPC on behalf of Decree Holder seeking necessary directions)
18. Vide Order dated 10th December, 2021, the Court had directed the proclamation of the properties attached as per Order dated 22nd March, 2021.
Signature Not Verified Digitally Signed By:AKANSHA SINGH O.M.P.(EFA)(COMM.) 6/2016 Page 4 of 6 Signing Date:19.02.2022 15:18:52Mr. Nigam submits that in terms of the observation made by the Local Commissioner, although the proclamation was carried out by a fixation of the notice in the office of the Sub-Divisional Magistrate (SDM) and Saket District Court, however, proclamation could not be carried out on site(s), as the parcels of land(s) in question were not identifiable.
19. In light of the foregoing, it is directed that Revenue Authority and the concerned SDM will render full assistance to the Decree Holder for identifying the parcel of lands which have been referred in paragraph No. 5 of the Order dated 10th December, 2021 and if so required, on being approached by the Decree Holder, the concerned SHO shall render full assistance for carrying out the proclamation, as ordered by this Court.
20. Mr. Nigam submits that pursuant to the last Order of this Court, the Local Commissioner has filed a report; however, the same is not on record. He states that he will ensure that the same is placed on the record before the next date of hearing.
21. He further submits that in light of the report of the Local Commissioner, certain directions are required, and he shall submit a brief note stipulating the same. Let the same be done within a period of one week from today.
22. Mr. Nigam submits that the land parcels which have been offered by the Judgment Debtors for sale towards satisfaction of the decree, which also form part of the proposal placed before the Supreme Court, lack specifics/ particulars. Ms. Suman Yadav, counsel for the Judgment Debtor Nos. 1, 3, 4 and 13 and Mr. Aditya Dewan, counsel for Judgment Debtor Nos. 6 to 8 state that they will provide complete particulars of such land parcels, within a period of three weeks from today.
Signature Not Verified Digitally Signed By:AKANSHA SINGH O.M.P.(EFA)(COMM.) 6/2016 Page 5 of 6 Signing Date:19.02.2022 15:18:5223. List on 28th March, 2022.
SANJEEV NARULA, J FEBRUARY 15, 2022/nk Signature Not Verified Digitally Signed By:AKANSHA SINGH O.M.P.(EFA)(COMM.) 6/2016 Page 6 of 6 Signing Date:19.02.2022 15:18:52