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HEALTHCARE



         It’s Singh versus                                                                                               Shivinder Singh said that “for two   Malvinder and Godhwani “used their   Injunction sought


                                                                                                                                                                                          The petition filed through law firm
                                                                                                                         decades he and his brother have been
                                                                                                                                                         respective  positions  to  perpetrate
                                                                                                                                                                                          RRG & Associates also asked NCLT to
                                                                                                                         synonymous with one another”. In the
                                                                                                                                                         or cause others to perpetrate illegal
                                                                                                                                                                                          direct Malvinder “to return the funds
                                                                                                                                                         financial transactions and various acts
                                                                                                                         petition filed before the New Delhi-
         Singh in Fortis feud                                                                                            bench of the National Company Law   of mismanagement by and through   unlawfully taken from Fortis Health-
                                                                                                                         Tribunal (NCLT), the younger of the
                                                                                                                                                         RHC, leading to massive losses to RHC
                                                                                                                                                                                          care and Religare Enterprises”. Shivin-
                                                                                                                                                         and its subsidiaries, and a depletion of
                                                                                                                         Singh  siblings,  who  were  synony -
                                                                                                                                                                                          der  also  requested  NCLT  to  direct
                                                                                                                                                         the wealth.”
                                                                                                                         mous with each other for decades,
                                                                                                                                                                                          Malvinder  and  Godhwani  “not  to
                                                                                                                         sued Malvinder for “oppression and
                                                                                                                                                           Shivinder asked NCLT to declare
                                                                                                                         mismanagement”  of  their  compa -  that Malvinder and Godhwani caused   alienate  any  interest  in  any  asset
                                                                                                                                                                                          anywhere so that recoveries can be
                                                                                                                         nies. The petition charged Malvinder,   grave prejudice to the interest of the   effected against them”. While seeking
         With younger sibling Shivinder Singh filing a case against his      Nobody could visualise that the mat-        45, and former chairman of Religare    company by acting in “collusion with   interim relief, Shivinder has sought an
         elder brother, Malvinder Singh accusing him of forging his wife’s   ter would reach such a passé. The three-    Enterprises Limited Sunil Godhwani    each other”. He also requested NCLT   injunction “to maintain status quo as
                                                                          page document from Shivinder Singh
                                                                                                                         of putting the company in a debt trap
                                                                                                                                                                                          on filing of the present Petition” over
                                                                                                                                                         to “direct Malvinder Mohan Singh and
         signature and then in a dramatic turn withdrawing the petition   said, “I have filed a case against Malvin-     and acting prejudicially to the inter-  Sunil Godhwani to restitute the undue   the shareholding of RHC Holdings till
         and again in a U turn saying in a statement that “the decision   der and Sunil Godhwani in National             est of its creditors and shareholders. It    gains made by themselves which lead   the time of disposal of the matter. He
                                                                          Company Law Tribunal for oppression
                                                                                                                         alleged that Malvinder “forged the
                                                                                                                                                         to losses being suffered by the petition-
                                                                                                                                                                                          also sought “status quo to be main -
         to disassociate from my brother and tread an independent path    and mismanagement of RHC Holding,              signatures” of Aditi Singh, Shivinder’s   ers and RHC Holdings”. Shivinder has   tained on board of directors” of RHC
         stands” , the Fortis feud, mud slinging and ugly side of corporate   Religare and Fortis.”                      wife, in the documents of RHC Hold-  also petitioned NCLT to direct Malvin-  Holdings in his petition filed under
         houses has spilled out in the open, writes SUMAN                    Singh said, “I mutely watched the           ings Private Limited, which along with   der and Godhwani to “restitute and   Sections 241, 241 and 244 of the Compa-
                                                                          organisation  I  founded  come  to  a          Oscar  Investments  Limited  jointly                             nies Act, 2013.
                                                                          point where it was publicly auctioned;         owned financial services firm Relig- In a petition filed           In his 43-page petition, Shivinder
                     hile the financial au-  when she was in fact abroad.  where my family and myself have been          are Enterprises Ltd. and hospital chain    before the NCLT, the   alleged that signature of his wife Aditi
                     thorities,  including   Few years down the line nobody   stripped of our legacy, our finances and   Fortis Healthcare Limited.                                       Singh, who had held the post of man-
                     the Serious Fraud In-  close to the family could believe that   my personal credibility.”             The petition goes on to charge that  younger of the Singh      aging director of RHC Holdings, was
                     vestigations  Office   the corporate dealings would take such                                                                       siblings has sued                forged. “There are also instances of
         W (SFIO), were probing           a turn. For the record when the For-  Oppression charge                        • Brothers fight  The Singh brothers of Fortis                   the petitioner No 3 (Aditi Singh) being
         the irregularities in Fortis and the Sin-  tis deal was entered, it was touted as   In a release sent to media houses,   were synonymous with each other for decades  Malvinder for   shown as present for a board meeting
         gh brothers who owe $500 million to   one of the biggest acquisitions in the                                                                    ‘oppression and                  when she was in fact abroad. For the
         Daiichi Sankyo over fraud allegations   Indian patient-care industry and the                                                                                                     record, the RHC Holding Pvt Ltd is a a
         related to the 2008 sale of Ranbaxy   4,500-crore Fortis-IHH deal could                                                                         mismanagement’ of                non-banking financial company owned
         Laboratories, the family feud was never  intensify competitive intensity in the                                                                                                  by  the  families  of  Singh  brothers.
         open in public domain.           space. The deal anticipated that post-                                                                         their companies.                 Currently, Malvinder Singh is the man-
           In fact, it is after months of closed-  execution, the IHH-Fortis group of hos-                                                                                                aging director of the firm.
         door infighting, which is a key feature   pitals will be among the biggest in the                                                               restore the wealth of RHC Holdings
         of many big business houses, the feud   country, competing directly with some                                                                   which got eroded due to their unlaw-  Ghost of other deals
         between well-known Singh brothers of  of the large listed hospital chains. For                                                                  ful actions” and disclose “their assets,   It seems that it is not only Fortis ghost
         the erstwhile Ranbaxy group has come   instance, the Apollo has a total capac-                                                                  bank accounts and net worth”. He has   that refuses to leave the two broth -
         out into the open. The younger sibling   ity of 10,000 beds, including those at                                                                 asked NCLT to declare that Malvinder   ers. Daiichi is pressing hard to get
         Shivinder has filed a case of “oppres-  its partner networks. Max Healthcare                                                                    and Godhwani caused grave prejudice   3,500 crore from Singh brothers while
         sion” against his elder brother Malvin-  has a network of 14 hospitals, with a                                                                  to the interest of the company by acting  Securities  and  Exchange  Board  of
         der Singh and family friend Sunil God-  combined capacity of 2,500 beds. By                                                                     in “collusion with each other”. Shivinder  India (SEBI) is conducting a forensic
         hwani. he younger brother has charged  contrast, in this deal, IHH would have                                                                   alleged in his petition before the NCLT   audit of Fortis and Religare.
         the two with systematically undermin-  got access to a network of 34 hospitals                                                                  that his elder brother Malvinder per-  Earlier  in  the  year  2018,  Sig -
         ing the interests of Fortis Healthcare   of Fortis in India and in international                                                                petrated illegal financial transactions,   uler Guff & Company filed a case in
         Limited.                         markets.                                                                                                       forged Shivinder’s wife’s signature and   Delhi  High  Court  accusing  Singh
                                            Together, these facilities would have                                                                        led the company into an unsustainable  brothers  of  siphoning  funds  from
         Forging wife’s signature         a capacity of more than 4,600 beds. Al-                                                                        debt trap. Malvinder and Godhwani   Religare. The Delhi High Court up -
         In his 43-page petition, Shivinder al-  though IHH has a significant presence                                                                   “used  their  respective positions  to   held  the  Singapore  arbitration
         leged that signature of his wife Aditi   in rest of Asia with hospitals in nine                                                                 perpetrate or cause others to perpe-  tribunal’s decision to fine the brothers
         Singh, who had held the post of man-  countries and about 10,000 beds, its In-                                                                  trate illegal financial transactions and   for around  3,500 crore for “concealing
         aging director of RHC Holdings, was   dia footprint is rather modest. Current-                                                                  various acts of mismanagement by and  and misrepresenting” facts from Dai-
         forged. “There are also instances of   ly, IHH is present in five Indian cities                                                                 through RHC, leading to massive losses  ichi Sankyo.
         the petitioner No 3 (Aditi Singh) being   with a network of seven hospitals and                                                                 to RHC and its subsidiaries, and a deple-
         shown as present for a board meeting   less than 1,600 beds in operation.                                                                       tion of the wealth.”                             LETTERS@TEHELKA.COM
                                      TEHELKA / 30 SEPTEMBER 2018  50  WWW.TEHELKA.COM                                                               TEHELKA / 30 SEPTEMBER 2018  51  WWW.TEHELKA.COM

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