Apollo Ventures Co Ltd v Manchanda & Ors

Apollo Ventures Co Ltd v Manchanda & Ors

The judgments in default were set aside because there was an agreement or understanding that Apollo would not seek default judgment without reasonable notice, and the Defendants have realistic prospects of successfully defending the claims or there are other good reasons to set aside the judgments under CPR 13.3(1)(a) and (b).

Parties
Claimant: Apollo Ventures Co., Ltd; First Defendant: Surinder Singh Manchanda; Second Defendant: Gurmukh Singh Manchanda; Third Defendant: Gurbaksh Singh Manchanda; Fourth Defendant: Gurdev Kaur Manchanda; Fifth Defendant: Gursev Singh Manchanda; Sixth Defendant: Simrat Kaur Manchanda; Seventh Defendant: 4G Properties Limited; Eighth Defendant: HKM Investments Limited
Jurisdiction
England and Wales
Judgment Date
11 January 2018
Procedural Posture
Commercial Civil Claim / Application to Set Aside Default Judgments
Outcome
Judgments in default set aside
Legal Topics
Default Judgment, Setting Aside Judgment, Unlawful Means Conspiracy, Constructive Trust, Breach of Fiduciary Duty, Foreign Law (thai Law)
Civil Procedure Commercial Law Default Judgment Setting Aside Judgment Unlawful Means Conspiracy Constructive Trust Breach of Fiduciary Duty Foreign Law (thai Law)

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Parties

Apollo Ventures Co., Ltd

Claimant

Surinder Singh Manchanda

First Defendant

Gurmukh Singh Manchanda

Second Defendant

Gurbaksh Singh Manchanda

Third Defendant

Gurdev Kaur Manchanda

Fourth Defendant

Gursev Singh Manchanda

Fifth Defendant

Simrat Kaur Manchanda

Sixth Defendant

4G Properties Limited

Seventh Defendant

HKM Investments Limited

Eighth Defendant

Procedural Posture

Commercial Civil Claim / Application to Set Aside Default Judgments

Legal Issues

  1. 1 Whether there was an agreement precluding entry of default judgment
  2. 2 Whether Apollo was entitled to judgment for the full amount claimed
  3. 3 Whether the Defendants have a real prospect of successfully defending the claim or other good reason for setting aside judgment

Ratio Decidendi

The judgments in default were set aside because there was an agreement or understanding that Apollo would not seek default judgment without reasonable notice, and the Defendants have realistic prospects of successfully defending the claims or there are other good reasons to set aside the judgments under CPR 13.3(1)(a) and (b).

Court Disposition

Judgments in default set aside

Orders

  • Judgments in default against each Defendant set aside under CPR 13.3(1)(a) and (b)
  • Parties to agree a draft order reflecting the findings