Jaswinder Singh Bahia v Inderdeep Singh Sidhu & Anor

Jaswinder Singh Bahia v Inderdeep Singh Sidhu & Anor

The hearing would proceed as the Sidhus had ample opportunity to obtain representation. Compound interest at 3% over average base rate was awarded on sums owed by the Sidhus due to breach of fiduciary duty and dishonesty. Simple interest was awarded on sums owed by the Bahias. Indemnity costs were ordered against the Sidhus due to dishonest conduct. Possession of 8 King Street was ordered with a short period to vacate. The Bahias' solicitor was appointed as receiver due to efficiency and lack of valid objection.

Parties
Claimant: Jaswinder Singh Bahia; Defendant: Inderdeep Singh Sidhu; Defendant: A Star Liquormart Limited
Jurisdiction
England and Wales
Judgment Date
26 April 2022
Procedural Posture
Civil Partnership/commercial / Post Judgment Consequentials Hearing
Outcome
Application to adjourn refused; consequential orders made as per judgment.
Legal Topics
Account of Profits, Compound Interest, Costs (indemnity and Standard), Possession Order, Appointment of Receiver
Partnership Law Equity and Trusts Civil Procedure Account of Profits Compound Interest Costs (indemnity and Standard) Possession Order Appointment of Receiver

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 12 Party arguments 2 Amounts and remedies 15
Sign in to unlock

Parties

Jaswinder Singh Bahia

Claimant

Inderdeep Singh Sidhu

Defendant

A Star Liquormart Limited

Defendant

Procedural Posture

Civil Partnership/commercial / Post Judgment Consequentials Hearing

Legal Issues

  1. 1 Whether to adjourn the consequentials hearing due to lack of representation
  2. 2 Whether compound or simple interest should be awarded and at what rate
  3. 3 Whether to order interim payments on principal and costs

Ratio Decidendi

The hearing would proceed as the Sidhus had ample opportunity to obtain representation. Compound interest at 3% over average base rate was awarded on sums owed by the Sidhus due to breach of fiduciary duty and dishonesty. Simple interest was awarded on sums owed by the Bahias. Indemnity costs were ordered against the Sidhus due to dishonest conduct. Possession of 8 King Street was ordered with a short period to vacate. The Bahias' solicitor was appointed as receiver due to efficiency and lack of valid objection.

Court Disposition

Application to adjourn refused; consequential orders made as per judgment.

Orders

  • Hearing to proceed; adjournment refused.
  • Compound interest at 3% over average base rate on £991,014.56 (Sidhus to Partnership) and £294,940.72 (Sidhus to ASL).