Malaysian healthcare giant IHH Healthcare confirmed on Tuesday its intention to continue plans to increase its stake in the Fortis Healthcare hospital network to 51% over the next three to five years. This will allow for an expansion of total capacity to approximately 10,000 beds by 2031.
The company stated in a transaction report that India remains a key strategic market for IHH, and it intends to deepen its presence and increase investments in the country through Fortis.
Audit Details
This statement followed just days after the Supreme Court upheld the Delhi High Court's decision, which mandates a forensic audit regarding the alleged asset stripping by former Fortis promoters, brothers Malvinder and Shivinder Singh. These actions took place during enforcement proceedings initiated by Japanese pharmaceutical manufacturer Daiichi Sankyo.
The audit will cover not only the brothers but also banks and financial institutions involved in the transactions concerning assets claimed to be available for repayment of the awarded sum. Fortis, its directors and officers, company secretary, compliance officer, registrar and transfer agent, custodian, and other intermediaries will also be under close scrutiny.
IHH publicly declared its full willingness to cooperate with the forensic audit, expressing confidence that the independent review will objectively establish the facts concerning this transaction.
IHH currently holds a 31.17% stake in Fortis Healthcare; of this amount, 31% was acquired through its subsidiary NTK Ventures in November 2018 via a preferential placement of newly issued Fortis shares worth 4,000 crore rupees.
However, this deal came under legal scrutiny after Daiichi alleged that the Singh brothers sold assets, pledged shares, including Fortis Healthcare shares, and diverted funds in violation of a court arbitration award amounting to 2,562 crore rupees.
IHH argued that this transaction received all necessary corporate, shareholder, and regulatory approvals, including those required under the Competition Commission of India (CCI) merger rules and Securities and Exchange Board of India (SEBI) regulations.
The statement also emphasized that the secondary shares were not purchased from the former promoters and debtors, Malvinder Mohan Singh and Shivinder Mohan Singh, and no payments were made to them.
IHH added that the Singh brothers left the Fortis board of directors in March 2018, after which the company was controlled by a reconstituted three-member independent board appointed by activists among minority investors. The company reported that IHH was among several bidders invited to the sale process. The statement said: 'IHH's investment in Fortis occurred in November 2018, many months after the Singh brothers left the Fortis board of directors.'
IHH stated that it was not a party to the dispute or the enforcement proceedings between Daiichi Sankyo and its debtors. Nevertheless, the company noted that it incurred losses due to delays in obtaining mandatory tender offer approvals necessary for acquiring Fortis.
As a result, IHH and its subsidiary NTK demanded compensation of up to 10,930 crore rupees from Daiichi, which was rejected by the Tokyo District Court in early September. IHH contended that Daiichi's actions prevented NTK from making open offers to acquire additional shares in Fortis and Fortis Malar Hospitals. The Malaysian company was forced to suspend its mandatory open offer to acquire an additional 26% in Fortis seven years after Daiichi filed a contempt of court suit against the Singh brothers.


