Chouhan v Suliga & Anor [2017] EWFC B107 (20 December 2017)

Chouhan v Suliga & Anor [2017] EWFC B107 (20 December 2017)

The court found on the balance of probabilities that Mr and Mrs Suliga had paid the debt by banker's draft prior to judgment, and that Mr Chouhan had accepted receipt of the draft. The judgment and third party debt order were therefore set aside as the claim had been satisfied before judgment.

Citation
[2017] EWFC B107
Parties
Claimant: Mr Jayanti Chouhan; Defendant: Mr Marius Suliga; Defendant: Mrs Justina Suliga
Jurisdiction
England and Wales
Judgment Date
20 December 2017
Procedural Posture
Civil / Post Judgment Application to Set Aside Judgment and Third Party Debt Order
Outcome
judgment and third party debt order set aside; order for repayment to defendants
Legal Topics
Setting Aside Judgment, Third Party Debt Order, Rent Arrears, Possession Proceedings, Payment by Banker's Draft
Civil Procedure Landlord and Tenant Setting Aside Judgment Third Party Debt Order Rent Arrears Possession Proceedings Payment by Banker's Draft

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Parties

Mr Jayanti Chouhan

Claimant

Mr Marius Suliga

Defendant

Mrs Justina Suliga

Defendant

Procedural Posture

Civil / Post Judgment Application to Set Aside Judgment and Third Party Debt Order

Legal Issues

  1. 1 Whether the judgment against Mr and Mrs Suliga should be set aside under CPR Part 13 for payment before judgment
  2. 2 Whether the third party debt order should be set aside due to improper service and double recovery

Ratio Decidendi

The court found on the balance of probabilities that Mr and Mrs Suliga had paid the debt by banker's draft prior to judgment, and that Mr Chouhan had accepted receipt of the draft. The judgment and third party debt order were therefore set aside as the claim had been satisfied before judgment.

Court Disposition

judgment and third party debt order set aside; order for repayment to defendants

Orders

  • Set aside judgment of 16 February 2016 and 17 March 2017.
  • Set aside interim and final third party debt orders.