$~11

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P.(EFA)(COMM.) 6/2016, EX.APPLs.(OS) 1096-1098/2021,
115/2022, 494/2021, 1361/2021 & 1365/2021

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
Chatterji and Mr Rohan Jaitley,
Advocates.

versus

MALVINDER MOHAN SINGH AND ORS. ..... Judgement Debtors

Through: Mr. Sanjay Jain, Senior Advocate,
with Mr. Saleem Hasan, Mr. Abhijit
Mittal, Mr. Rohit Dahiya, Advocates
for Fortis Healthcare Limited, Fortis
Hospitals Limited and SRL Limited.
Mr. Ritin Rai, Senior Advocate with
Mr. Ajay Bhargava, Ms. Trishala
Trivedi and Mr. Shivank Diddi,
Advocates for Prius Commercial
Project Private Limited (Applicant).
Ms. Archana Lakhotia and Ms. Rashi
Maheshwari, Advocates for
Garnishee No. 27 & 28.
Mr. Sandeep Sethi and 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.

Signature Not Verified

Digitally Signed
By:NITIN KAIN
O.M.P.(EFA)(COMM.) 6/2016 Page 1 of 4
Signing Date:27.01.2022
22:21:24
 Ms. Aditi Mohan, Advocate for
Luxury Farms Pvt. Ltd. (EA
No.5552).
Mr. Atul Kumar and Mr. Abhimanyu
Sharma, Advocates for Applicant
(E.A NO. 17282/2018).
Ms. Sahiba Singh, Advocate for
Garnishee No. 26 RC Nursery Pvt.
Ltd.
Mr. Manu Bajaj and Ms. Nitika
Pandey, Advocates for ICICI Bank
[M/s. Parekh & Co.].
Mr. Rajat Joneja, Advocate for
Applicant in E.A. No. 15462/2018.
Mr. Ashwani Kumar, Advocate
for R-27 & 35 in EA No. 819/2020.
Mr. Rajeev Agarwal, Advocate for R-
37 in EA-819/2020.
Mr. L.K.Giri, Advocate for Garnishee
RWL Healthworld Ltd.
Mr. Gopal Jain, Senior Advocate with
Ms. Devina Sehgal, Mr. Mohd
Ashaab and Ms. Somaya Gupta ,
Advocates for JD-16, 17 and M/s Best
Healthcare Pvt. Ltd. (EA (OS) No.
1361/2021)
Ms. Suman Yadav and Mr. Dhruv
Nayar, Advocates for JD 1, 3, 4 and
13.
Mr. Aditya Dewan, Advocate for JD
6 to 8.
Mr. Alok Kumar and Mr. Manan
Gambhir, Advocates for R-36 in EA
No. 819/2020.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 27.01.2022

Signature Not Verified

Digitally Signed
By:NITIN KAIN
O.M.P.(EFA)(COMM.) 6/2016 Page 2 of 4
Signing Date:27.01.2022
22:21:24
 [VIA VIDEO CONFERENCING]

EX.APPL.(OS) 5552/2019 (on behalf of the Decree Holder under Section

51 r/w Order XXI r/w Section 151 of the CPC, 1908, seeking directions and
necessary orders qua immovable property owned by Luxury Farms) and
EX.APPL.(OS) 5553/2019 (on behalf of the Decree Holder under Section
51 r/w Order XXI r/w Section 151 of the Code of Civil Procedure, 1908,
seeking directions and necessary orders qua immovable property owned by
R. C. Nursery Pvt. Ltd.)

1. There is non-compliance of the order dated 10th December, 2021.

2. Counsels appearing on behalf of Singh Family Trust and M-n-J Trust are
directed to place respective Trust Deeds on record, along with the names of
Trustees, within a period of two weeks from today.

EX.APPL.(OS) 660/2019 (by Decree Holder under O. XXI, R. 46 r/w S. 39,

46, 51 and 151 of the CPC, 1908 seeking attachment and sale of certain
properties)

3. The report of the Local Commissioner in terms of order dated 10th

December, 2021 is awaited. The Registry is directed to request the Local
Commissioner to submit their report within a period of ten days from today.

EA No. 590/2019 (by Decree Holder under O. XXI r/w S. 151 CPC seeking
sale of trademarks associated with ‘SRL’ and other ancillary reliefs)

4. Mr. Arvind Nigam, Senior Counsel for the Decree Holder insists for
orders for sale of trademark ‘SRL’. On this issue, Mr. Sanjay Jain, senior
counsel for SRL, submits that directions for sale of the afore-said
trademark(s) should await the decision of the Supreme Court as this issue is
sub-judice and Decree-Holder itself has taken such a stand. In this regard, he

Signature Not Verified

Digitally Signed
By:NITIN KAIN
O.M.P.(EFA)(COMM.) 6/2016 Page 3 of 4
Signing Date:27.01.2022
22:21:24
 relies upon the rejoinder made by Daiichi in IA No. 590/2020 before this
Court, as well as the averments made in an application before the Supreme
Court,1 which is now reserved for orders.
5. Mr. Nigam responds by saying that he will examine this issue before the
next date of hearing.
6. Re-notify the matter on 15th February, 2022.

SANJEEV NARULA, J
JANUARY 27, 2022
nk

1
I.A. No. 76957/2020 in Contempt Petition (Civil) No. 2120 of 2018 in Special Leave Petition (Civil) No.
20417 of 2017.

Signature Not Verified

Digitally Signed
By:NITIN KAIN
O.M.P.(EFA)(COMM.) 6/2016 Page 4 of 4
Signing Date:27.01.2022
22:21:24