Amin & Anor v Amin & Ors

Amin & Anor v Amin & Ors

The court is not satisfied that Vatsal is bound to receive any payment under the accounting and therefore refuses an interim payment. However, due to the financial hardship and the entanglement of assets, a limited stay of the costs order is granted pending the outcome of the accounting and potential realisation of joint properties.

Parties
Claimant/petitioner: Vatsal Babubhai Amin; Claimant/petitioner: Anju Vatsal Amin; Defendant/respondent: Udhyam Babubhai Amin; Defendant: Rahulkumar J Desai; Defendant/respondent: Pushpabhen Babubhai Amin; Defendant: Champaben Kantibhai Patel; Defendant: Manjulaben Bharatbhai Patel; Defendant: Sangitaben Vipinbhai Patel; Defendant: Bharatbhai J Patel; Defendant: Vipinbhai Patel; Defendant: Hasmukhbhai J Patel; Defendant: Induben H Patel; Defendant: BakulKumar Harshadray Patel; Defendant: Nayana Bakul Patel; Defendant: Harshika Rahul Desai; Defendant: Swatiben B Patel; Defendant: Prashantbhai N Patel; Defendant: Bhavineshbhai N Patel; Defendant/respondent: Bhavini Udhyam Amin; Defendant: Bhavinbhai B Patel; Respondent: VU Chem Limited
Jurisdiction
England and Wales
Judgment Date
25 March 2011
Procedural Posture
Civil / Post Trial, Application for Interim Payment and Stay of Costs Order
Outcome
Application for interim payment refused; limited stay of costs order granted.
Legal Topics
Interim Payment, Stay of Execution, Costs, Accounting of Joint Property, Quantum Meruit
Civil Procedure Property Law Interim Payment Stay of Execution Costs Accounting of Joint Property Quantum Meruit

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Parties

Vatsal Babubhai Amin

Claimant/petitioner

Anju Vatsal Amin

Claimant/petitioner

Udhyam Babubhai Amin

Defendant/respondent

Rahulkumar J Desai

Defendant

Pushpabhen Babubhai Amin

Defendant/respondent

Champaben Kantibhai Patel

Defendant

Manjulaben Bharatbhai Patel

Defendant

Sangitaben Vipinbhai Patel

Defendant

Bharatbhai J Patel

Defendant

Vipinbhai Patel

Defendant

Hasmukhbhai J Patel

Defendant

Induben H Patel

Defendant

BakulKumar Harshadray Patel

Defendant

Nayana Bakul Patel

Defendant

Harshika Rahul Desai

Defendant

Swatiben B Patel

Defendant

Prashantbhai N Patel

Defendant

Bhavineshbhai N Patel

Defendant

Bhavini Udhyam Amin

Defendant/respondent

Bhavinbhai B Patel

Defendant

VU Chem Limited

Respondent

Procedural Posture

Civil / Post Trial, Application for Interim Payment and Stay of Costs Order

Legal Issues

  1. 1 Whether the applicant is entitled to an interim payment pending completion of accounting
  2. 2 Whether a stay of the costs order should be granted

Ratio Decidendi

The court is not satisfied that Vatsal is bound to receive any payment under the accounting and therefore refuses an interim payment. However, due to the financial hardship and the entanglement of assets, a limited stay of the costs order is granted pending the outcome of the accounting and potential realisation of joint properties.

Court Disposition

Application for interim payment refused; limited stay of costs order granted.

Orders

  • Limited stay of the order for payment on account of costs pending outcome of accounting under the April Order.
  • Parties at liberty to apply to vary duration or terms of stay.