Arvan Handa v Aran Handa & Ors

Arvan Handa v Aran Handa & Ors

Arvan has no right under the Shareholders' Agreement or Consent Order to disclose confidential information to Neeraj for the stated purposes, and even if such a right existed, the balance of convenience under American Cyanamid principles does not favour granting the interim order sought by Arvan.

Parties
Claimant: Arvan Handa; Defendant: Aran Handa; Defendant: Roshal Lal Handa; Defendant: The Station Hotel (Newcastle) Limited; Defendant: Neeraj Handa
Jurisdiction
England and Wales
Judgment Date
04 December 2024
Procedural Posture
Civil (company/shareholder Dispute) / Interlocutory Application for Interim Injunctive Relief and Cross Application to Vary/discharge Consent Order
Outcome
Application by Arvan refused; Company’s position upheld.
Legal Topics
Shareholder Rights, Confidentiality, Interim Injunctions, Disclosure of Documents
Company Law Equity Shareholder Rights Confidentiality Interim Injunctions Disclosure of Documents

Case Brief

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Parties

Arvan Handa

Claimant

Aran Handa

Defendant

Roshal Lal Handa

Defendant

The Station Hotel (Newcastle) Limited

Defendant

Neeraj Handa

Defendant

Procedural Posture

Civil (company/shareholder Dispute) / Interlocutory Application for Interim Injunctive Relief and Cross Application to Vary/discharge Consent Order

Legal Issues

  1. 1 Whether the claimant (Arvan) is entitled to share confidential company documents with Neeraj under the Shareholders' Agreement and Consent Order
  2. 2 Whether the Company can require an undertaking restricting such disclosure as a condition for access to documents

Ratio Decidendi

Arvan has no right under the Shareholders' Agreement or Consent Order to disclose confidential information to Neeraj for the stated purposes, and even if such a right existed, the balance of convenience under American Cyanamid principles does not favour granting the interim order sought by Arvan.

Court Disposition

Application by Arvan refused; Company’s position upheld.

Orders

  • Disclosure of documents to Arvan only on terms restricting sharing with Neeraj as proposed by the Company.