DAIICHI SANKYO COMPANY, LIMITED vs MALVINDER MOHAN SINGH AND ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 25.03.2025 + O.M.P.(EFA)(COMM.) 6/2016 DAIICHI SANKYO COMPANY LIMITED ….. Decree Holder Through: Mr. Arvind K. Nigam, Senior Advocate with Mr. Giriraj Subramanium, Mr. Nabik Syam, Ms. Samridhi Hota, Mr. Shivam Chanana, Ms. Anindita Barman, Ms. Astha Ahuja, Ms. Shyra Hoon, Mr. Tanmay Arora, Mr. Kunal Chatterji and Mr.Aman Acharya, Advocates. versus MALVINDER MOHAN SINGH AND ORS. …. Judgement Debtors Through: Mr. Rajiv Nayar, Senior Advocate, Mr.Abhinav Vasistha, Sr.Adv. with Mr.Sanjeev Sharma, Mr.Vaibhav Kakkar, Ms.Saumya Sud and Ms.Akshita Sachdeva, Adv. For Fortis Healthcare. Mr.Varun Garg, Adv. For JD-1, 4 and 15. Ms. Devina Sehgal and Mr.Yatharth Kansal, Advocates for JD-16 and 17. Mr.Vaibhav Mahal for R-27 CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT (ORAL) EX.APPL.(OS) 31/2020 (Direction) Signature Not Verified Digitally Signed O.M.P.(EFA)(COMM.) 6/2016 Page 1 of 22 By:GAUTAM ASWAL Signing Date:01.04.2025 19:55:32 1. Vide order dated 29.10.2024 passed in EA (OS) No. 31/2020, the court had ordered sale of the “Fortis” trade mark owned by Judgement Debtor No. 22, RHC Healthcare Management Services Private Limited (hereafter. referred to as “RHCHM”) by way of public auction in enforcement of the arbitral award dated 29.04.2016. 2. The auction was conducted on 21.12.2024 in which Fortis Healthcare Limited, (hereafter, referred to as „FHL‟), the auction purchaser was the sole bidder that participated in the auction and offered a bid price of Rs 200 Crores, to purchase the trade mark/brand “Fortis”. 3. Pending confirmation of auction sale by this court, the RHCHM (“Objector”) has filed its objections to the sale and has sought to dissuade the court from confirming the sale, alleging substantial underva