Mirchandani v Gheewala [2020] EWHC 1742 (QB) (02 July 2020)

Mirchandani v Gheewala [2020] EWHC 1742 (QB) (02 July 2020)

Mr Mirchandani failed to establish a material change of circumstances or credible evidence of impecuniosity to justify setting aside the freezing orders. He had the opportunity to contest the orders and did not do so. The Spencer J Order granting an extension of time was set aside because it was made ex parte without notice to Augusta, prejudicing their entitlement to costs, and there was no satisfactory explanation for the delay.

Citation
[2020] EWHC 1742
Parties
Applicant: Murli Mirchandani; First Respondent: Alka Gheewala; Second Respondent: Augusta Ventures Limited
Jurisdiction
England and Wales
Judgment Date
02 July 2020
Procedural Posture
High Court Civil Applications / Post Judgment Applications to Discharge/modify Freezing Orders and Set Aside Extension Order
Outcome
Mr Mirchandani's application dismissed; Augusta's application allowed; Spencer J Order set aside.
Legal Topics
Freezing Orders, Variation and Discharge of Interlocutory Orders, Relief From Sanctions, Costs Orders, Asset Disclosure, Enforcement of Compensation and Confiscation Orders
Civil Procedure Injunctions Enforcement of Judgments Freezing Orders Variation and Discharge of Interlocutory Orders Relief From Sanctions Costs Orders Asset Disclosure +1 more

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Parties

Murli Mirchandani

Applicant

Alka Gheewala

First Respondent

Augusta Ventures Limited

Second Respondent

Procedural Posture

High Court Civil Applications / Post Judgment Applications to Discharge/modify Freezing Orders and Set Aside Extension Order

Legal Issues

  1. 1 Whether freezing orders against Mr Mirchandani should be discharged or varied
  2. 2 Whether the Spencer J Order granting an extension of time should be set aside
  3. 3 Whether there has been a material change of circumstances justifying discharge of freezing orders

Ratio Decidendi

Mr Mirchandani failed to establish a material change of circumstances or credible evidence of impecuniosity to justify setting aside the freezing orders. He had the opportunity to contest the orders and did not do so. The Spencer J Order granting an extension of time was set aside because it was made ex parte without notice to Augusta, prejudicing their entitlement to costs, and there was no satisfactory explanation for the delay.

Court Disposition

Mr Mirchandani's application dismissed; Augusta's application allowed; Spencer J Order set aside.

Orders

  • Freezing orders against Mr Mirchandani remain in force.
  • Spencer J Order of 21 April 2020 set aside.