Huge relief for Ford India Directors as Delhi Court directs Police not to take coercive steps against them
While appearing for Ford India's US-based Director David Allan Schock, Advocate Rohit Kochhar of Kochhar & Co. argued that the dispute between the parties was purely civil in nature, and the entire FIR did not disclose any criminality on the part of his client.
NEW DELHI: In a big relief to Ford India, its US-based Director David Allan Schock, and President & Managing Director Anurag Mehrotra, a Delhi court directed the Economic Offences Wing (EOW) of the Delhi police not to take coercive steps against them in a criminal complaint alleging cheating and criminal breach of trust.
The order passed by the Delhi court on February 25, turned out to be a major setback for the complainant Manreet Singh of Libra Cars.
The complainant Libra Cars, the Ford dealer for the GT Karnal Road, New Delhi area had filed a criminal complaint with the EOW against Ford India and its senior management, alleging cheating and criminal breach of trust on the ground that Ford India had violated the terms of the agreement between the parties by appointing another dealer within a radius of 10 km from the complainant’s showroom.
The accused persons had filed anticipatory bail applications before the Court of the Additional Sessions Judge.
Kochhar & Co. represented Ford India, its Managing Director, and US-based Director in anticipatory bail applications before the Additional Sessions Judge, New Delhi.
The Firm’s Managing Partner Rohit Kochhar argued the matter and was successful in persuading the court to pass an order directing that no coercive action should be taken by the Economic Offenses Wing, Delhi Police against the applicants.
In his order, the Additional Sessions Judge, Rohini Courts, Delhi observed, “Considering the facts and circumstances, I am of the considered view that since both the accused persons are Director and Managing Director of the Ford India, which has a large business in India, hence there is no chance of them absconding from the investigation or jurisdiction of this Court.”
“….no coercive steps shall be taken against the aforesaid applicants/accused persons till NDOH,” observed the Court, and further directed the accused to join the investigations, either physically or through VC, as and when directed by the Investigating Officer (IO).
Ford India is a subsidiary of American car manufacturer Ford Motor Co. – a Fortune Global 500 Corporation, and one of the largest automobile manufacturing companies in the world with annual revenues of approximately Rs. 12 lakh crores, and almost 200,000 employees spread across 200 countries.
Advocate Rohit Kochhar, Founder & Managing Partner, Kochhar & Co. appeared for the US-based Director of Ford India David Allan Schock. Kochhar & Co. is a preferred law firm for MNCs from North America, Europe, and Japan including 75 of the Global Fortune 500 corporations.
Advocate Rohit Kochhar argued that the FIR was a litany of lies, fabrication, and deceit, and had been orchestrated by the complainant with the mischievous and unlawful objective of evading his own legal financial obligations towards Ford India.
Kochhar submitted that the dispute between the parties was purely civil in nature and that the entire FIR, even if read as a whole, did not disclose any criminality on the part of his client.
While relying upon various documents on record including the dealership agreement, he further argued that the allegations in the FIR were completely baseless and unfounded, and that Ford India had never promised the complainant to make him an exclusive dealer, and that to the contrary, the agreement clearly stipulated that the complainant would be a non-exclusive dealer, and Ford India had the right to appoint other dealers within the primary market area of the complainant.
Kochhar also prayed that given the unabated COVID-19 situation in the US coupled with restrictions on international travel, his client should be allowed to join the investigations through video conference. In this regard, he relied upon an order passed by the Delhi High Court in the CBI case relating to GVK Airport Holdings Ltd.
With more than 200 lawyers, Kochhar & Co. is one of the leading and largest corporate law firms in India. It enjoys the distinction of being the only law firm with a full-service presence in the six prominent cities of India namely: New Delhi, Mumbai, Bangalore, Chennai, Gurgaon, and Hyderabad.
The firm also has an international footprint with overseas offices in Dubai, Singapore, and Chicago. In Dubai, the firm is the only Indian law firm, which is licensed to practice local UAE law.
Appearing for Ford India President and MD Anurag Mehrotra, Advocate Vijay Aggarwal argued before the Court that there was a huge delay of more than 18 months on part of the complainant in the registration of the FIR.
