The Shri Guru Ravidass Sabha Southall, Re

The Shri Guru Ravidass Sabha Southall, Re

The court held that it would be a wrong exercise of discretion to refuse orders for sale, as without sale there is no realistic prospect of the costs being met other than from charity funds. The court found no estoppel arising from statements made at the annual general meeting and determined that all three properties should be sold to avoid unfair burden on any one claimant. Orders for sale were postponed for two months to allow claimants to raise funds or reach settlement.

Parties
Claimant: Manjeet Rai; Claimant: Ramji Chander; Claimant: Sarwan Singh Mahey; Claimant: Inderjit Sondi; Claimant: Manohar Khuttan; Claimant: Surjit Saroay; First Defendant/claimant (in Part 8 Claims): Jog Raj Ahir; Second Defendant: Chuni Lal Chamber; Defendant: Mrs Govindra Rani Chander; Defendant: Mr Sarwan Singh (Aka Sarwan Singh Mahay); Defendant: Mr Manohar Khuttan
Jurisdiction
England and Wales
Judgment Date
23 May 2017
Procedural Posture
Civil / Judgment on Applications for Orders for Sale and Enforcement of Charging Orders
Outcome
Orders for sale granted for all three properties, with enforcement postponed for two months; further interim charging orders made final as against Second, Third, and Fifth Claimants; applications against Fourth and Sixth Claimants adjourned.
Legal Topics
Enforcement of Costs Orders, Charging Orders, Orders for Sale, Joint and Several Liability, Bankruptcy, Estoppel, Discretion Under Trusts of Land and Appointment of Trustees Act 1996
Civil Procedure Charity Law Trusts and Property Law Enforcement of Costs Orders Charging Orders Orders for Sale Joint and Several Liability Bankruptcy +2 more

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Parties

Manjeet Rai

Claimant

Ramji Chander

Claimant

Sarwan Singh Mahey

Claimant

Inderjit Sondi

Claimant

Manohar Khuttan

Claimant

Surjit Saroay

Claimant

Jog Raj Ahir

First Defendant/claimant (in Part 8 Claims)

Chuni Lal Chamber

Second Defendant

Mrs Govindra Rani Chander

Defendant

Mr Sarwan Singh (Aka Sarwan Singh Mahay)

Defendant

Mr Manohar Khuttan

Defendant

Procedural Posture

Civil / Judgment on Applications for Orders for Sale and Enforcement of Charging Orders

Legal Issues

  1. 1 Whether to grant orders for sale of properties charged under costs orders
  2. 2 Whether statements made by the President of the charity give rise to estoppel
  3. 3 Exercise of discretion under Trusts of Land and Appointment of Trustees Act 1996

Ratio Decidendi

The court held that it would be a wrong exercise of discretion to refuse orders for sale, as without sale there is no realistic prospect of the costs being met other than from charity funds. The court found no estoppel arising from statements made at the annual general meeting and determined that all three properties should be sold to avoid unfair burden on any one claimant. Orders for sale were postponed for two months to allow claimants to raise funds or reach settlement.

Court Disposition

Orders for sale granted for all three properties, with enforcement postponed for two months; further interim charging orders made final as against Second, Third, and Fifth Claimants; applications against Fourth and Sixth Claimants adjourned.

Orders

  • Order for sale of 65 Victoria Avenue, Uxbridge (Second Claimant and Mrs Chander), postponed for two months.
  • Order for sale of 61 Derley Road, Southall (Fifth Claimant), postponed for two months.