Anwar Khan v Ankar Miah & Anor

Anwar Khan v Ankar Miah & Anor

Although there has been an irretrievable breakdown of trust and confidence between the parties, there is no functional deadlock in the management of the Company. The petitioner is acting unreasonably in refusing to sell his interest to the respondent, who has made repeated open offers. Therefore, it is not just and equitable to wind up the Company.

Parties
Petitioner: Anwar Khan; First Respondent: Ankar Miah; Second Respondent: Nimah Tandoori Limited
Jurisdiction
England and Wales
Judgment Date
20 March 2025
Procedural Posture
Winding Up Petition / Final Judgment
Outcome
Petition dismissed
Legal Topics
Just and Equitable Winding Up, Quasi Partnership, Breakdown of Trust and Confidence, Deadlock, Remedies for Shareholders
Company Law Insolvency Law Just and Equitable Winding Up Quasi Partnership Breakdown of Trust and Confidence Deadlock Remedies for Shareholders

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Parties

Anwar Khan

Petitioner

Ankar Miah

First Respondent

Nimah Tandoori Limited

Second Respondent

Procedural Posture

Winding Up Petition / Final Judgment

Legal Issues

  1. 1 Whether Nimah Tandoori Limited should be wound up on the just and equitable ground under section 122(1)(g) of the Insolvency Act 1986
  2. 2 Whether there is functional deadlock in the management of the Company
  3. 3 Whether there has been an irretrievable breakdown of trust and confidence between the shareholders

Ratio Decidendi

Although there has been an irretrievable breakdown of trust and confidence between the parties, there is no functional deadlock in the management of the Company. The petitioner is acting unreasonably in refusing to sell his interest to the respondent, who has made repeated open offers. Therefore, it is not just and equitable to wind up the Company.

Court Disposition

Petition dismissed

Orders

  • The petition for winding up Nimah Tandoori Limited is dismissed.
  • No winding-up order is made.