RHC Holding Pvt Ltd on Monday moved the Delhi High Court seeking to restrain its director Shivinder Mohan Singh from approaching any other court and forums, and getting orders that could in anyway hamper execution proceedings of Daiichi Sankyo’s arbitration award.
Alleging that Shivinder was indulging in “forum shopping”, RHC said in its plea that the younger brother of Malvinder Singh had, “despite the matter being sub-judice” in high court, moved the National Company Law Tribunal (NCLT) seeking similar relief.
The company, which is held equally by the Singh brothers, has also sought to restrain the younger sibling from “intimidating the employees and authorised signatories of RHC Holding in complying with the orders” of the court.
Earlier RHC Holding had, in an affidavit filed with the high court, alleged that Shivinder had been blocking efforts being made by it to recover money from garnishees, including Radha Saomi Satsang Beas chief Gurinder Singh Dhillon and his family members.
“(Shivinder) is blocking the recoveries of money from them (garnishees). Recently, the judgment debtor No 6 forced and pressurised the company secretary of Prius Real Estate Private to withdraw all recovery notices issue to Mr (Gurinder Singh) Dhillon and his family member and associates and the entities under their control,” RHC had said in an affidavit, a copy of which has been seen by The Indian Express.
Garnishees are companies that owe money to RHC, which is currently locked in litigation with Japanese drugmaker Daiichi Sankyo. Daiichi has alleged the Singh brothers concealed information regarding wrongdoing at Ranbaxy when selling the firm to it in 2008 and is seeking over Rs 3,600 crore in damages from them.
Earlier, Malvinder had, in an affidavit to the high court and the Supreme Court, alleged that Dhillon and persons associated with him had diverted close to Rs 6,000 crore from RHC. The monies were loans and advances given by RHC and the Singh brothers to companies such as Prius Real Estate, as well as to Sunil Godhwani, and Dhillon, Malvinder had claimed in his affidavit.
In October, based on the submissions made by Malvinder, the Delhi HC had asked all the 55 garnishees to deposit the money they owed to the Singh brothers and RHC within 30 days. The court had also asked Dhillon and his family members to be personally present in the court on November 14, but later exempted them.
In a separate but related case, the high court on Monday also sought Malvinder’s and former Religare Enterprises promoter Sunil Godhwani’s response to an application moved by the Enforcement Directorate (ED) challenging a Central Bureau of Investigation court order.
In its plea, the ED has challenged the CBI court order which sent the Singh brothers Godhwani and others to judicial custody till December 7.
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