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Samsung India has sought help from the Union government to get more details of JCE Consultancy, a company which has got an order from the Supreme Court to have the Korean company’s chairman, Lee Kun-hee, to appear before a Ghaziabad court in a $1.4-million cheating case it has filed against him.
Samsung is considering suing JCE, say sources, on charges of forgery, cheating and defamation. It has approached the ministries of commerce & industry and corporate affairs for details about JCE’s products, exports and details of its management.
According to some senior officials, preliminary investigations show the complainant is not officially registered with the ministry of corporate affairs and does not have its sales tax number registered.
Samsung is currently focused on getting an exemption from personal appearance of Lee in the trial court. The department of industrial policy and promotion has sought the law ministry’s opinion on the case. Sources indicated the government is contemplating whether it should intervene in the imbroglio at a later stage.
The SC development had commerce and industry minister Anand Sharma saying, “Samsung is one of the largest companies of Korea and has huge presence and investments in India...It (the order) sends a very negative message and will definitely impact the investment and business climate adversely.”
The case had invited considerable ire from the Korean government and there were threats about pulling out investments from India. And, of the Korean government invoking the Bilateral Investment Promotion and Protection Agreement.
The Supreme Court had passed its order on an appeal filed by Lee, challenging an Allahabad High Court order dismissing his plea for setting aside an arrest warrant issued against him. The order was passed on the JCE complaint of cheating.
TIMELINE:
2002: Samsung Gulf Electronics places $1.4-mn order with JCE Consultancy
2005: JCE files a criminal complaint in a Ghaziabad court, alleging it didn’t get payment; names Samsung unit and Chairman Lee Kun-hee among accused
2005: Court summons Lee; he doesn’t appear. It issues warrants
2006: Lower court dismisses Lee’s petition against non-bailable warrant; Lee appeals in Allahabad HC
2009: Allahabad HC dismisses plea, gives him 30 days to appear. Lee files appeal in Supreme Court
2012: SC dismisses appeal, asks accused to object before trial court
2012: Magistrate orders non-bailable warrants against Lee. He moves HC ; appeal is dismissed again
2013: JCE files criminal revision with sessions judge. Lee moves Allahabad High Court to set aside the order. Court dismisses appeal
2014: Lee moves Supreme Court against Allahabad High Court order. SC dismisses appeal, asks him to appear before trial court in Ghaziabad within six weeks
