DAIICHI SANKYO COMPANY LIMITED v. MALVINDER MOHAN SINGH AND ORS
High Court, Delhi
Manoj Kumar Ohri, Justice
DAIICHI SANKYO COMPANY LIMITED
v.
MALVINDER MOHAN SINGH AND ORS.
O.M.P.(EFA)(COMM.) 6/2016 dated 25.03.2025
Law : GST
Act Name : Central Goods & Service Tax Act, 2017
Relevant Section : Section 9 & 92
Decision : Interim
Execution proceedings – Sale of trademark – Decree Holder sought confirmation of public auction sale of “Fortis” trademark owned by Judgment Debtor (RHCHM) to Fortis Healthcare Limited (FHL), sole bidder – Objections by RHCHM alleging undervaluation due to no reserve price, inadequate nationwide publicity leading to single bidder, unreliable DH valuation based on expired license royalty rate, ignoring prior higher valuations (KPMG, Transique), FHL’s conflict as prior licensee with royalty arrears claim and loan security charge, manipulation advantage – FHL and RHCHM in cross-litigation over brand use, arrears, loan recovery – Held: Objections rejected as auction complied with Order 21 Rule 66 CPC without material irregularity, no manipulation proven, price discovery via open auction binding despite distress circumstances and encumbrance reducing market appeal – Prior valuations outdated/idealistic ignoring disputes – GST liability per CGST Act on parties (not court auctioneer under Section 92) – FHL owns trademark post-confirmation, free to seek registry transfer – Sale confirmed, parties to comply with GST laws.
Represented By:
Counsel for the Petitioner: Arvind K. Nigam, Senior Advocate with Giriraj Subramanium, Nabik Syam, Samridhi Hota, Shivam Chanana, Anindita Barman, Astha Ahuja, Shyra Hoon, Tanmay Arora, Kunal Chatterji & Aman Acharya, Advocates.
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