Maersk, Inc. v. Neewra, Inc.
| Citation | 554 F.Supp.2d 424 |
| Decision Date | 27 March 2008 |
| Docket Number | No. 05 Civ. 4356(CM).,05 Civ. 4356(CM). |
| Parties | MAERSK, INC., and Moller-Maersk A/S, Plaintiffs, v. NEEWRA, INC., Rednihom, Inc., Aref Hassan Abul Inc., Arween Singh Sahni a/k/a Arween Sahni Singh a/k/a Arween Sahni a/k/a Arween Singh a/k/a Abul Sabah a/k/a Aref Hassan Abul, Mohinder Singh Sahni a/k/a Mohinder Sahni Singh a/k/a Mohinder Sahni a/k/a Mohinder Singh a/k/a Mohinder Singh Sahani a/k/a Mohinder Sahani a/k/a Mohinder Sahani Singh a/k/a Joginder Singh Sahni, Joginder Singh Sahni a/k/a Joginger Singh Sahni a/k/a Joginder Sahni Singh a/k/a Joginger Sahni Singh a/k/a Joginder Singh a/k/a Joginder Sahni a/k/a Joginger Singh a/k/a Joginger Sahni, Sabharwal Chandra Kumar a/k/a Sabharwal K. Chandra, Mandeep Singh Sahni a/k/a Mohinder Singh a/k/a Mohinder Sahni a/k/a Mohinder Singh Sahni a/k/a Mohinder Sahani a/k/a Mohinder Singh Sahani, Help Line Collection Co. W.L.L., Parker Dawood Tajuddin Tajudis Ismail Parker, Sardar Traders Est., Sardar International Trading Co., Al Tamaspk Al Arabi Est., John Doe 1-100 (fictitious) and John Doe Inc. 1-100 (fictitious), Defendants. |
| Court | U.S. District Court — Southern District of New York |
I. Introduction
The present case arises out of a series of international shipping frauds, allegedly perpetrated by now defunct New York corporations against A.P. Moller-Maersk A/S and its New York affiliate, Maersk, Inc. The New York-based fraudsters have flown the coup, and Plaintiffs are in the process of obtaining a default judgment as to them. Additionally, however, Plaintiffs allege that the remaining named Defendants were all participants, either as principals or co-conspirators, in the alleged frauds. Defendants, who are Indian nationals residing in Kuwait (or Kuwaiti businesses allegedly operated by these Defendants), move to dismiss the complaint against them for, inter alia, lack of personal jurisdiction and forum non conveniens.
For the reasons discussed below, these motions are granted as to Sardar Traders Est. and Sardar International Trading Co., and denied as to everyone else.
II. Background
This case has a complicated history, due both to the nature of the alleged schemes and the lengthy prior litigation. The exposition below is organized as follows: II.a. Parties; II.b. Frauds; II.c. Litigation History.
i. Plaintiffs
Plaintiffs in this action are A.P. Moller-Maersk A/S and Maersk, Inc., together one of the world's largest shipping companies. Moller-Maersk is a foreign corporation organized under the laws of Denmark. Compl. ¶ 4. Maersk, Inc. is a New York corporation and affiliate of Moller-Maersk. Id. 3.
ii. Defendants
The Defendants are a variety of persons and businesses, with citizenships and residences across the globe.
The general nature of the allegations against the Defendants is as follows: according to Maersk, the New York Defendants, including the younger generation of the Singh Sahni family and a number of "dummy" corporations that they established in New York, were half of an International shipping scheme. These New York Defendants allegedly arranged for the transport of at least three shipments to India and Kuwait.
The Kuwaiti Defendants, including the older generation of the Singh Sahni family, were allegedly on the receiving end of some of these shipments in Kuwait, and assisted the New York Defendants by obtaining a fraudulent bill of lading and pursuing the New York Defendants' fraudulent claims against Maersk in the Kuwaiti courts.
The various frauds against Maersk, it alleges, are part of a larger international fraud conspiracy conducted by members of the Singh Sahni family and their cohorts abroad. The combination avoids detection, it is alleged, by shifting identities, establishing dummy corporations, bribing government officials and intimidating potential witnesses against it.
In order to keep this tangled scheme straight, I have divided the Defendants into New York Defendants and Kuwaiti Defendants below.
Neewra was organized as a New York corporation, but was dissolved by proclamation of the State of New York for failure to pay taxes. While this litigation was pending, Neewra once again became an active New York corporation by paying past due taxes. Compl. ¶ 18. In the process of reviving its existence, Neewra listed a fictitious address. Id. Neewra does not appear to have a valid address or phone number anywhere in New York or elsewhere.
Rednihom was organized as a New York corporation, but, like Neewra, was dissolved by proclamation of the State of New York in 2003 for failure to pay taxes. Id. ¶ 19. Also like Neewra, Rednihom does not appear to have a valid address or phone number. Rednihom has not revived its existence by paying its back due taxes.
Aref was also a New York corporation that was dissolved by failure to pay taxes. It does not currently have a valid address or phone number. Id. ¶ 10.
Neewra and Aref (and perhaps Rednihom) were formed and operated by Arween Singh Sahni, an Indian national whose current residence is unknown. Id. ¶ 11. During the course of the conduct complained of, Arween resided and did business in New York and New Jersey, largely through Aref and Neewra. Arween has not appeared in response to this lawsuit and apparently cannot be found. Id.
Arween is the son of Joginder Singh Sahni, and the nephew of Mohinder Singh Sahni. He is the cousin of Mandeep Singh Sahni. These four members of the Singh Sahni family are all named as defendants here.
Mandeep Singh Sahni is an Indian national who, during all relevant times, resided in the New York. Mandeep is alleged to have helped form Rednihom Inc. by impersonating his father, Mohinder Singh Sahni. Id. ¶ 16. Mandeep is also alleged to have helped Arween conduct the fraudulent business transactions complained of through Rednihom and to have done so while posing as his father. Like Arween, Mandeep has not appeared in response to this suit, and apparently cannot be found. Id.
Together, Arween and Mandeep are the younger generation of Singh Sahnis named by Maersk in the complaint. Mandeep and Arween are cousins, and the sons of Mohinder Singh Sahni and Joginder Singh Sahni, respectively.
Mohinder Singh Sahni is a 69 year-old Indian national residing in Kuwait. Id. ¶ 12. Although "Mohinder Singh Sahni" was listed as a principal of the New York corporations (i.e., Neewra and Rednihom), it has been determined that this was not Mohinder, but either his son Mandeep or his nephew Arween posing as Mohinder. See Maersk, Inc. v. Neewra, Inc., 443 F.Supp.2d 519, 522 (S.D.N.Y.2006) (RCC) ().
Mohinder is alleged to be involved in various businesses in Kuwait, including Sardar Traders Est., Sardar International Trading Co., and al Tamasok al Arabi Est., all of which are named Defendants here. Compl. ¶ 12. Apart from his alleged involvement in the various frauds, Mohinder does not appear to have any ties to the United States, although he admits having passed through New York en route to Canada on a couple of occasions. Mohinder Decl. ¶ 8.
Joginder Singh Sahni is an Indian national residing in Kuwait. He is alleged to be involved in various businesses in Kuwait, including Help Line Collection Co., Sardar Traders Est., Sardar International Trading Co., and al Tamasok al Arabi Est., all of which are named Defendants here. Compl. ¶ 14. Apart from his alleged involvement in the frauds, Joginder does not appear to have any ties to the United States.
Parkar is an Indian national living in Kuwait. Id. ¶ 18. Parkar describes himself as a friend of Arween. Parkar Decl. ¶ 4. Parkar admits helping to pursue Neewra's claim against Maersk (see below) in Kuwait. Id. Parkar is alleged to be involved with various businesses in Kuwait, including Help Line Collection Co., a named Defendant here. Compl. ¶ 18. Apart from his alleged involvement in the events leading to this lawsuit, Parkar does not appear to have any ties to the United States.
Sabharwal is an Indian national who previously resided in Kuwait, but whose present location is unknown. Id. ¶ 15. He is alleged to be an employee of either Mohinder or Joginder in Kuwait. Id. Apart from his alleged involvement in the events leading to this lawsuit, Sabharwal does not appear to have any ties to the United States.
Al Tamasok, a foreign corporation headquartered in Kuwait, is in the business of importing an exporting. Id. ¶ 21. Its owner, Dr. Adel Baroud, has disappeared. Id. Al Tamasok is alleged to have assisted the New York Defendants in various fraudulent transactions, and to be ultimately controlled by the Singh Sahni family in Kuwait. Id. Apart from its alleged involvement in the events leading to this lawsuit, al Tamasok does not appear to have any ties to the United States. Al Tamasok has not appeared in response to this lawsuit.
Help Line is a foreign corporation with an office in Kuwait. Id. ¶ 17. Help Line apparently assists with the collection of debts. Al Asoosi Decl. ¶ 5. It is alleged that either Mohinder or Joginder owns or operates Help Line, and that Help...
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