Jackson & Ors v Thakrar & Ors

Jackson & Ors v Thakrar & Ors

Subhash Thakrar was at all material times the beneficial owner of Glen International Limited and Teso International Group Limited. The use of Ramila and Vijaya's names as registered owners and shareholders was a sham; they provided no consideration, had no knowledge, and did not ratify the transactions. Mr Harjivan never acquired any beneficial interest in Glen or Teso; his evidence of purchase and payment was wholly incredible and fabricated. The Teso charges over Glen's assets were a sham and unsupported by genuine indebtedness. The appointment of administrators for Glen was engineered by Subhash for an improper motive to frustrate enforcement and tracing claims, and was invalid for...

Parties
Claimant/applicant: Shirley Jackson (Trustee in Bankruptcy of Subhash Kanji Thakrar); Claimant/applicant: Suburban Property Company Limited, Kenneth Hughes-Narborough, Rosemary Campbell; Claimant/applicant: Kenneth Hughes-Narborough, Rosemary Campbell, Michael Hughes-Narborough; Claimant/applicant: Barbara Harris; Claimant/applicant: Ramila Suresh Bhojani; Claimant/applicant: Vijaya Radia; Defendant/respondent: Subhash Kanji Thakrar; Defendant/respondent: Mukesh Kanji Thakrar; Defendant/respondent: Vijay Kanji Thakrar; Defendant/respondent: Kishan Kanji Thakrar; Defendant/respondent: Sheela Kanji Thakrar; Defendant/respondent: Naina Unalkat; Defendant/respondent: Shantaben Kanji Thakrar; Defendant/respondent: Glen International Limited; Defendant/respondent: Teso International Group Limited; Defendant/respondent: SK Thakrar and Co Limited; Defendant/respondent: Simply Lettings and Management Limited; Defendant/respondent: Mahindra Harjivan; Defendant/respondent: Selwyn Michael Langley, Justin Lee Bennett (Receivers); Defendant/respondent: Barry Shelton, Mahindra Harjivan (as directors), Avni Bhatt; Other: Administrators of Glen International Limited
Jurisdiction
England and Wales
Judgment Date
10 October 2007
Procedural Posture
Civil (multi Party, Consolidated) / Fact Finding Trial, Post Judgment Enforcement and Procedural Applications
Outcome
Claims of the applicant parties (Trustee, SPC, others) succeeded; findings of fraud, sham, and abuse of process against Subhash, Glen, Teso, and Thakrar family members; default judgments against Ramila and Vijaya set aside; compromise agreement set aside; appointment of administrators declared invalid.
Legal Topics
Beneficial Ownership, Fraudulent Misrepresentation, Abuse of Process, Tracing and Restitution, Administration of Companies, Breach of Fiduciary Duty, Setting Aside Compromise Agreements, Default Judgments, Appointment of Administrators, Powers of Attorney Misuse
Insolvency Trusts and Equity Property Law Civil Procedure Fraud Beneficial Ownership Fraudulent Misrepresentation Abuse of Process +7 more

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Parties

Shirley Jackson (Trustee in Bankruptcy of Subhash Kanji Thakrar)

Claimant/applicant

Suburban Property Company Limited, Kenneth Hughes-Narborough, Rosemary Campbell

Claimant/applicant

Kenneth Hughes-Narborough, Rosemary Campbell, Michael Hughes-Narborough

Claimant/applicant

Barbara Harris

Claimant/applicant

Ramila Suresh Bhojani

Claimant/applicant

Vijaya Radia

Claimant/applicant

Subhash Kanji Thakrar

Defendant/respondent

Mukesh Kanji Thakrar

Defendant/respondent

Vijay Kanji Thakrar

Defendant/respondent

Kishan Kanji Thakrar

Defendant/respondent

Sheela Kanji Thakrar

Defendant/respondent

Naina Unalkat

Defendant/respondent

Shantaben Kanji Thakrar

Defendant/respondent

Glen International Limited

Defendant/respondent

Teso International Group Limited

Defendant/respondent

SK Thakrar and Co Limited

Defendant/respondent

Simply Lettings and Management Limited

Defendant/respondent

Mahindra Harjivan

Defendant/respondent

Selwyn Michael Langley, Justin Lee Bennett (Receivers)

Defendant/respondent

Barry Shelton, Mahindra Harjivan (as directors), Avni Bhatt

Defendant/respondent

Administrators of Glen International Limited

Other

Procedural Posture

Civil (multi Party, Consolidated) / Fact Finding Trial, Post Judgment Enforcement and Procedural Applications

Legal Issues

  1. 1 Who was the beneficial owner of Glen International Limited and Teso International Group Limited?
  2. 2 Were the transfers of properties and shares to Ramila and Vijaya valid and for value?
  3. 3 Did Mr Harjivan acquire legal and beneficial ownership of Glen and Teso?

Ratio Decidendi

Subhash Thakrar was at all material times the beneficial owner of Glen International Limited and Teso International Group Limited. The use of Ramila and Vijaya's names as registered owners and shareholders was a sham; they provided no consideration, had no knowledge, and did not ratify the transactions. Mr Harjivan never acquired any beneficial interest in Glen or Teso; his evidence of purchase and payment was wholly incredible and fabricated. The Teso charges over Glen's assets were a sham and unsupported by genuine indebtedness. The appointment of administrators for Glen was engineered by Subhash for an improper motive to frustrate enforcement and tracing claims, and was invalid for...

Court Disposition

Claims of the applicant parties (Trustee, SPC, others) succeeded; findings of fraud, sham, and abuse of process against Subhash, Glen, Teso, and Thakrar family members; default judgments against Ramila and Vijaya set aside; compromise agreement set aside; appointment of administrators declared invalid.

Orders

  • Declaration that Subhash Thakrar was the beneficial owner of Glen and Teso at all material times.
  • Declaration that Ramila and Vijaya never acquired beneficial ownership of properties or shares; all transfers and shareholdings in their names were shams.