WALMARK HOLDINGS LIMITED Vs. FORTIS HEALTHCARE LIMITED

JUDGEMENT

(1.) The captioned application has been filed on behalf of the respondent/Fortis Healthcare Limited (hereinafter 'Fortis') under Sec. 340 of the Code of Criminal Procedure, 1973 (hereinafter 'CrPC') read with Sec. 195 of CrPC and Ss. 193, 196, 199, 200, 209 and 464 of the Indian Penal Code, 1860 (hereinafter 'IPC') on the ground that the petitioner/ Walmark Holdings Limited (hereinafter 'Walmark') and its officials have played serious fraud on this Court in an attempt to obtain favourable orders/ reliefs against Fortis.

(2.) The main petition under Sec. 9 of the Arbitration and Conciliation Act, 1996 (hereinafter 'Act') was filed on behalf Walmark against Fortis on the basis of the draft Term Sheet dtd. 6/12/2017 (hereinafter 'Term Sheet') and the Side Letters dtd. 6/12/2017 (hereinafter 'Side Letters').

(3.) A non-binding Term Sheet dtd. 26/9/2017 (hereinafter 'NBTS') was executed between the parties. NBTS was valid for only 30 days and the same was not extended by the parties. Accordingly, NBTS stood lapsed.