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Delhi High Court Orders Criminal Complaint in Fortis–Walmark Arbitration Dispute

The Delhi High Court has reaffirmed that no prior hearing is mandatory under Section 340 CrPC (now Section 379 of the Bharatiya Nagarik Suraksha Sanhita, 2023) before directing the filing of a criminal complaint.

In a major development, Justice Amit Bansal ordered prosecution in the Fortis Healthcare v. Walmark Holdings dispute after finding that Walmark relied on an allegedly forged term sheet to seek interim relief under Section 9 of the Arbitration and Conciliation Act, 1996.

🔍 The Court held that:

  • The disputed term sheet was never executed by Fortis

  • It did not bear the authentic signature of Fortis’s then CEO

  • Walmark officials were aware of this fact while approaching the Court

Relying on Pritish v. State of Maharashtra (2002), the Court reiterated that Section 340 CrPC does not require a preliminary inquiry or hearing of the accused before filing a complaint.

📄 The Registrar General has now been directed to lodge a criminal complaint and forward all records to the concerned Magistrate.

⚖️ Case: Walmark Holdings Ltd. v. Fortis Healthcare Ltd.
📚 Neutral Citation: 2026:DHC:515

🔑 Key Legal Takeaway

Courts will not hesitate to invoke Section 340 CrPC / Section 379 BNSS where deliberate falsehoods and forged documents are used to obtain judicial relief.

Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi


Top lawyer for Contested Divorce case, Restitution of Conjugal Rights, Domestic violence case, CAW cell Complaint case, Quashing petition and for Mutual Consent Divorce case in Delhi


📞 Need Legal Help?


If you're facing domestic abuse or going through a complex matrimonial dispute, I’m here to help. I offer consultations for:


✅ Mutual or contested divorce case


✅ Domestic violence protection


✅ Maintenance case, Alimony case Or Interim maintenance and custody


✅ Transfer petitions and NRI divorce matters



📍 Office: 137, J-Extension, Laxmi Nagar, Delhi, 110092


📞 Contact: 8595722509

#DelhiHighCourt #Section340CrPC #BNSS2023 #ArbitrationLaw #FortisHealthcare #Walmark #Perjury #FalseAffidavit #IndianJudiciary #LegalNews #ArbitrationDispute #ForgedDocuments #Section9Arbitration #LawInstagram #LawFacebook


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