Basra & Ors v Badhan

Basra & Ors v Badhan

The court found that Ms Badhan and Mr Basra agreed to run the companies as joint owners and that Ms Badhan has a 50% beneficial interest in the shares of the claimant companies, but not in the underlying assets or profits. The JVA was found to be a forgery and cannot be relied upon. Ms Badhan is also entitled to a 50% beneficial interest in 175 Tettenhall Rd, but not in any other properties. Claims by both parties for conversion of jewellery and for unpaid consultancy fees were rejected. The companies' claims for repayment of alleged unauthorised withdrawals and for an account were also rejected, save for an order that Ms Badhan must return or account for any company documents still in...

Parties
Claimant: Joga Singh Basra; Claimant: UK Finance and Business Solutions Ltd; Claimant: WM Property Associates Ltd; Claimant: ASB (Services) Ltd; Claimant: I Partner Global Ltd; Claimant: Gateway Legal & Professional Services (UK) Ltd; Claimant: Harrison Property Associates (UK) Ltd; Claimant: JNB Managerial Associates Ltd; Defendant: Narash Kumari Badhan; Additional Respondent: Palwana Holdings Ltd; Additional Respondent: Hakimpur Holdings Ltd; Additional Respondent: The Chief Land Registrar
Jurisdiction
England and Wales
Judgment Date
09 July 2020
Procedural Posture
Civil (business/property) / Final Judgment After Trial
Outcome
Partially allowed and partially dismissed. Declarations of beneficial ownership in favour of Ms Badhan as to shares in companies and 175 Tettenhall Rd. All other claims and counterclaims dismissed.
Legal Topics
Constructive Trusts, Beneficial Ownership of Shares, Beneficial Ownership of Property, Company Management and Control, Breach of Fiduciary Duty, Conversion, Freezing Injunctions
Equity and Trusts Company Law Property Law Constructive Trusts Beneficial Ownership of Shares Beneficial Ownership of Property Company Management and Control Breach of Fiduciary Duty +2 more

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Parties

Joga Singh Basra

Claimant

UK Finance and Business Solutions Ltd

Claimant

WM Property Associates Ltd

Claimant

ASB (Services) Ltd

Claimant

I Partner Global Ltd

Claimant

Gateway Legal & Professional Services (UK) Ltd

Claimant

Harrison Property Associates (UK) Ltd

Claimant

JNB Managerial Associates Ltd

Claimant

Narash Kumari Badhan

Defendant

Palwana Holdings Ltd

Additional Respondent

Hakimpur Holdings Ltd

Additional Respondent

The Chief Land Registrar

Additional Respondent

Procedural Posture

Civil (business/property) / Final Judgment After Trial

Legal Issues

  1. 1 Whether Ms Badhan has a beneficial interest in the claimant companies and/or properties registered in Mr Basra's name
  2. 2 Whether the Joint Venture Agreement (JVA) is genuine and enforceable
  3. 3 Whether Ms Badhan is liable for unauthorised withdrawals from company accounts

Ratio Decidendi

The court found that Ms Badhan and Mr Basra agreed to run the companies as joint owners and that Ms Badhan has a 50% beneficial interest in the shares of the claimant companies, but not in the underlying assets or profits. The JVA was found to be a forgery and cannot be relied upon. Ms Badhan is also entitled to a 50% beneficial interest in 175 Tettenhall Rd, but not in any other properties. Claims by both parties for conversion of jewellery and for unpaid consultancy fees were rejected. The companies' claims for repayment of alleged unauthorised withdrawals and for an account were also rejected, save for an order that Ms Badhan must return or account for any company documents still in...

Court Disposition

Partially allowed and partially dismissed. Declarations of beneficial ownership in favour of Ms Badhan as to shares in companies and 175 Tettenhall Rd. All other claims and counterclaims dismissed.

Orders

  • Declaration that Ms Badhan has a 50% beneficial interest in the shares of the claimant companies (except as to assets/profits)
  • Declaration that Ms Badhan has a 50% beneficial interest in 175 Tettenhall Rd and order for transfer into joint names