Super-Max Offshore Holdings v Malhotra & Anor [2019] EWHC 249 (Comm) (15 February 2019)

The statement in paragraph 8 of Mr Malhotra's letter, asserting 'complete anarchy in the management of SPCPL', was found to disparage Relevant Management as defined in the injunction, thereby breaching the court order intentionally and with knowledge.

Citation: [2019] EWHC 249 (Comm)
Parties: Claimant: Super-Max Offshore Holdings; Defendant and Additional Claimant: Rakesh Malhotra; Additional Defendant: Actis Consumer Grooming Products Limited
Jurisdiction: England and Wales
Judgment Date: 15 February 2019
Procedural Posture: Contempt of Court Application / Judgment on Contempt
Outcome: Mr Malhotra found guilty of contempt of court for breach of injunction by sending the letter to Punjab National Bank.
Legal Topics: Contempt of Court, Injunctions, Disparagement, Breach of Court Order

Civil Procedure Commercial Law Contempt of Court Injunctions Disparagement Breach of Court Order

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Parties

Super-Max Offshore Holdings

Claimant

Rakesh Malhotra

Defendant and Additional Claimant

Actis Consumer Grooming Products Limited

Additional Defendant

Procedural Posture

Contempt of Court Application / Judgment on Contempt

Legal Issues

1 Whether Mr Malhotra breached the injunction by sending a disparaging letter to a Trade Contact
2 Whether the letter contained terms disparaging of Relevant Management as defined in the injunction

Ratio Decidendi

Court Disposition

Mr Malhotra found guilty of contempt of court for breach of injunction by sending the letter to Punjab National Bank.

Orders

Consequences of contempt to be determined at a future hearing; Mr Malhotra must attend unless medically excused.