Delhi High Court - Orders
Daiichi Sankyo Company, Limited vs Malvinder Mohan Singh And Ors on 18 December, 2020
Author: Rekha Palli
Bench: Rekha Palli
Via video conferencing
$~19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(EFA)(COMM.) 6/2016 & EA Nos.819/2020, 1164/2020,
1248/2020, 1249/2020 & 1250/2020
DAIICHI SANKYO COMPANY, LIMITED ..... Decree Holder
Through Mr.Arvind K. Nigam, Sr. Adv. with
Mr.Arun Kathpalia, Sr. Adv., Mr.Amit K. Mishra,
Mr.Mohit Singh, Ms.Samridhi Hota, Ms.Kanika
Singhal, Mr.Shivam Pandey, Mr.T.A. Kazmi,
Ms.Saloni Agarwal, Mr.Kunal Chatterji,
Mr.Aditya Shankar, Mr.R. Jaitley, Mr.Kauser
Husain & Ms.Bani Brar, Advs.
versus
MALVINDER MOHAN SINGH AND ORS. ..... Judgement Debtor
Through Ms.Suman Yadav, Adv. for R-1, 3, 4
& 13.
Mr.Ashish Dholakia, Adv. with Mr.Sandeep Das,
Adv. for Religare Finvest Ltd.
Mr.Amit Singh Chadha, Sr. Adv. with Mr.Atul
Sharma, Adv. for R-22/ECL Finance Ltd.
Mr.Ramji Srinivasan, Sr. Adv. with Mr.Aman Raj,
Adv. & Ms.Sanjana Arora, Adv. for R-26.
Mr.Ashwani Kumar, Adv. for R-27 in EA
No.819/2020.
Mr.Vikas Bhadauria, Adv. for Applicant in IA
774/2020.
Mr.Akhil Sibal, Sr. Adv. with Mr.S. Kumar, Adv.
Mr.Jayant Mehta, Adv. with Ms.Roopali Singh,
Adv. for R-25 in EA 1248/2020.
Mr.Sanjay Gupta, Adv. for R-24/RBL Bank.
Mr.Tejveer Singh Bhatia, Adv. for Garnishee 11-
Gulshan Homz.
Mr.Sanjay Jain, Sr. Adv. with Mr.Saleem Hasan,
Adv. for Fortis Healthcare Ltd.
Signature Not Verified
DigitallySigned O.M.P.(EFA)(COMM.) 6/2016 Page 1 of 4
By:MANJU BHATT
Signing Date:19.12.2020
15:10:49
Mr.Anuj Berry, Adv. with Mr.Vinayak Chawla,
Adv. for R-21 & 23.
Ms.Devina Sehgal, Adv. for JD-16 & 17.
Mr.Shashank Sharma, Adv. for R-37/Lakshmi
Vilas Bank.
Ms.Sonal Gupta, Adv. with Mr.Manu Bajaj, Adv.
for ICICI Bank.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 18.12.2020 EA No.1249/2020
1. This is an application filed by the respondent no.22 seeking condonation of delay in filing its reply to EA No.819/2020.
2. For the reasons stated in the same, the application is allowed. The accompanying reply is taken on record.
3. The application is disposed of.
EA No.1248/20201. This is an application filed by the respondent no.25 seeking deletion of its name from the array of parties.
2. Learned counsel for the applicant submits that as on date, no shares of FHL have been pledged in favour of the applicant and, therefore, the very premise on which the applicant has been impleaded as a respondent is erroneous.
3. Issue notice. Mr.Amit K. Mishra, learned counsel for the Decree Holder/Non-Applicant accepts notice. He prays for and is granted two weeks' time to file reply. Rejoinder thereto, if any, be filed within two Signature Not Verified DigitallySigned O.M.P.(EFA)(COMM.) 6/2016 Page 2 of 4 By:MANJU BHATT Signing Date:19.12.2020 15:10:49 weeks thereafter.
4. List on 02.03.2021.
EA No.1250/20201. This is an application filed by the respondent no.1 seeking to place on record copies of the Special Leave Petition No.14240/2020 filed by the Decree Holder, along with the order dated 26.11.2020 passed by the Hon'ble Supreme Court rejecting the said SLP.
2. Since the application only seeks to place on record additional documents which are part of the judicial record, learned counsel for the Decree Holder does not oppose the application.
3. The application is, accordingly, allowed. The accompanying documents are taken on record.
O.M.P.(EFA)(COMM.) 6/2016
1. The matter is already listed before the learned Joint Registrar today at 3:00 p.m. for furnishing a report in respect of the Garnishees, pursuant to orders passed by this Court.
2. The record reflects that about 50 applications are pending. Keeping in view the fact that pleadings qua some of the garnishees are still not complete, the time for furnishing of the report by the learned Joint Registrar is extended by another three weeks.
3. Learned counsel for the petitioner to furnish a list of applications with the reliefs sought therein, at least three days before the next date, so as to facilitate this Court to take up the applications where urgent reliefs are required at the first instance.
Signature Not Verified DigitallySigned O.M.P.(EFA)(COMM.) 6/2016 Page 3 of 4 By:MANJU BHATT Signing Date:19.12.2020 15:10:494. Though Mr. Nigam, learned senior counsel for the Decree Holder prays for an early date on the ground that the Decree Holder apprehends that the Judgment Debtors may, in the meanwhile, dispose of their assets which, though presently attached, may be released by the banks in the near future.
5. On the other hand, learned counsel for the Judgment Debtors submit that there is no likelihood of any of the assets of the Judgment Debtors being released by the banks in the near future, they however assure the Court that status quo qua those assets will be maintained by the Judgment Debtors till the next date.
6. List on 02.03.2021.
REKHA PALLI, J DECEMBER 18, 2020/aa Signature Not Verified DigitallySigned O.M.P.(EFA)(COMM.) 6/2016 Page 4 of 4 By:MANJU BHATT Signing Date:19.12.2020 15:10:49