Fortis Open Offer: Daiichi Sankyo's Misleading Statements

New Delhi, May 29 (PTI) IHH Healthcare's Singapore-headquartered indirect subsidiary Northern TK Venture Pte Ltd (NTK) on Thursday said Daiichi Sankyo's "misleading statements" concerning the Fortis Healthcare open offer continue to damage NTK's interests.

Earlier this month, NTK had applied with the Tokyo District Court to amend its ongoing damages claim against Daiichi Sankyo, increasing it by almost tenfold to JPY 200 billion (approximately Rs 11,800 crore or USD 1.38 billion). The damages claim relates to IHH's open offer for Fortis Healthcare Ltd and Daiichi's actions that have obstructed its completion.

Following this, Daiichi claimed in a statement on May 22 that the suspension of the public tender offer for Fortis Healthcare was under the instructions of the Supreme Court of India during enforcement procedures based on an arbitration ruling. Daiichi had said that NTK's claims that it interfered with the latter's open offer are without any merit, and are not sustainable.

"Since the case is pending at the Tokyo District Court, NTK will refrain from correcting inaccuracies in the statement, but NTK will continue to present the correct facts and pursue its claims before the Tokyo District Court to obtain reliefs, including recovery of damages from Daiichi Sankyo," IHH said in a media advisory on Thursday.

NTK reiterated its earlier statement that its claims against Daiichi Sankyo are tort claims premised on Daiichi Sankyo's unlawful interference with NTK's trade or business, conspiracy of Daiichi Sankyo and other persons, malicious falsehood, and defamation, each under the applicable substantive laws.

"This lawsuit pertains to NTK's claim at the Tokyo District Court for damages, among others, arising from alleged obstruction by Daiichi Sankyo of NTK's efforts to complete its open offers to acquire shares in Fortis Healthcare Limited and its step-down subsidiary, Fortis Malar Hospitals Limited," NTK had said in a media advisory earlier.

According to NTK, while IHH was declared the successful bidder in a bid process run by FHL, it received preferential allotment of shares by FHL, triggering an Open Offer. While NTK attempted to execute the Open Offer, Daiichi Sankyo unfairly obstructed the execution of the Open Offer and prevented the completion of the acquisition, resulting in significant losses to NTK.

As per NTK, Daiichi Sankyo obtained an ex parte interim status quo order from the Supreme Court of India without notifying IHH and NTK that it was seeking such an order against them. NTK said in its media advisory that the open offer for FHL could not progress due to Daiichi's actions.

Daiichi Sankyo has been in dispute with the erstwhile promoters of Ranbaxy Limited (Malvinder Singh and Shivinder Singh) for recovering money from the damage caused by the acquisition of Ranbaxy Laboratories. While Daiichi Sankyo has instituted proceedings in the Delhi High Court and the Supreme Court against the Singh Brothers, IHH and NTK have stated that they have no connection with the duo. As per NTK, Daiichi Sankyo has speculated that the Singh Brothers were somehow connected to IHH.

IHH has transformed Fortis into India's leading healthcare company with a network of 28 hospitals and 400 labs.