Mirchandani v Gheewala

Mirchandani v Gheewala

Mr Mirchandani failed to establish any material change of circumstances or credible evidence of impecuniosity to justify setting aside the freezing orders. He had notice and opportunity to be heard at the relevant hearings. The extension of time granted by Spencer J was set aside because it was obtained ex parte without proper notice and prejudiced Augusta's entitlement to costs.

Parties
Applicant: Murli Mirchandani; First Respondent: Alka Gheewala; Second Respondent: Augusta Ventures Limited
Jurisdiction
England and Wales
Judgment Date
02 July 2020
Procedural Posture
Civil / Ruling on Applications to Discharge/continue Freezing Orders and Set Aside Extension of Time Order
Outcome
Mr Mirchandani’s application dismissed; Augusta’s application allowed; Spencer J’s order set aside.
Legal Topics
Freezing Orders, Interlocutory Relief, Setting Aside Orders, Relief From Sanctions
Civil Procedure Injunctions Freezing Orders Interlocutory Relief Setting Aside Orders Relief From Sanctions

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Parties

Murli Mirchandani

Applicant

Alka Gheewala

First Respondent

Augusta Ventures Limited

Second Respondent

Procedural Posture

Civil / Ruling on Applications to Discharge/continue Freezing Orders and Set Aside Extension of Time Order

Legal Issues

  1. 1 Whether freezing orders against Mr Mirchandani should be set aside or discharged
  2. 2 Whether the order of Spencer J granting 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 any material change of circumstances or credible evidence of impecuniosity to justify setting aside the freezing orders. He had notice and opportunity to be heard at the relevant hearings. The extension of time granted by Spencer J was set aside because it was obtained ex parte without proper notice and prejudiced Augusta's entitlement to costs.

Court Disposition

Mr Mirchandani’s application dismissed; Augusta’s application allowed; Spencer J’s order set aside.

Orders

  • Freezing orders against Mr Mirchandani remain in force.
  • Spencer J’s extension of time order set aside.