Mohammed Saleem Khawaja v Stela Stefanova & Ors

Mohammed Saleem Khawaja v Stela Stefanova & Ors

Given Ms Stefanova's repeated breaches of court orders, proven dishonesty, and ongoing risk of asset dissipation, it is necessary and proportionate to grant injunctive relief prohibiting her from opening further bank accounts and to order comprehensive disclosure regarding her and the companies' assets and business activities to give efficacy to the Freezing Order. Applications by Ms Stefanova to discharge or vary the Freezing Order, for mandatory injunctions against Mr Khawaja, and to stay enforcement of the costs order are dismissed as misconceived and without merit.

Parties
Petitioner: Mohammed Saleem Khawaja; First Respondent: Stela Stefanova; Second Respondent: Biotechnologiesuk Limited; Third Respondent: Dermamed Solutions Limited
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Unfair Prejudice Petition / Interlocutory Applications Ruling
Outcome
Applications by Mr Khawaja granted; applications by Ms Stefanova dismissed.
Legal Topics
Unfair Prejudice, Freezing Injunctions, Directors' Duties, Disclosure Orders, Contempt of Court, Asset Dissipation, Injunctive Relief
Company Law Insolvency Civil Procedure Unfair Prejudice Freezing Injunctions Directors' Duties Disclosure Orders Contempt of Court +2 more

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Parties

Mohammed Saleem Khawaja

Petitioner

Stela Stefanova

First Respondent

Biotechnologiesuk Limited

Second Respondent

Dermamed Solutions Limited

Third Respondent

Procedural Posture

Unfair Prejudice Petition / Interlocutory Applications Ruling

Legal Issues

  1. 1 Whether to grant injunctive relief prohibiting Ms Stefanova from opening further bank accounts
  2. 2 Whether to order Ms Stefanova to provide further information and documentation regarding assets and business activities
  3. 3 Whether to discharge, set aside or vary the Freezing Order

Ratio Decidendi

Given Ms Stefanova's repeated breaches of court orders, proven dishonesty, and ongoing risk of asset dissipation, it is necessary and proportionate to grant injunctive relief prohibiting her from opening further bank accounts and to order comprehensive disclosure regarding her and the companies' assets and business activities to give efficacy to the Freezing Order. Applications by Ms Stefanova to discharge or vary the Freezing Order, for mandatory injunctions against Mr Khawaja, and to stay enforcement of the costs order are dismissed as misconceived and without merit.

Court Disposition

Applications by Mr Khawaja granted; applications by Ms Stefanova dismissed.

Orders

  • Ms Stefanova prohibited from opening any further bank accounts.
  • Ms Stefanova required to provide information about assets acquired since 22 December 2022 and about Dermamed and Biotech's assets.