Amin & Anor v Amin & Ors [2009] EWHC 3356 (Ch) (18 December 2009)

Amin & Anor v Amin & Ors [2009] EWHC 3356 (Ch) (18 December 2009)

The court found that partnership and property shares were as contended by the defendants, based on evidence of agreement and capital contributions. Vatsal is entitled only to a 12.5% share in Lloyd Avenue, has no interest in the Changes business, and holds a 50% beneficial share in 107a Rosendale Road with Udi. Vatsal has no interest in the business at 104 Kingston Road. No occupation rent is due for 107a Rosendale Road. Relief in the partnership and company proceedings is to be granted in accordance with these findings, with buy-out or sale of claimants' interests at fair value.

Citation
[2009] EWHC 3356 (Ch)
Parties
Claimant/petitioner: Vatsal Babubhai Amin; Claimant/petitioner: Anju Vatsal Amin; Defendant/respondent: Udhyam Babubhai Amin; Defendant: Rahulkumar J Desai; Defendant/respondent: Pushpaben 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
18 December 2009
Procedural Posture
Partnership and Company Dispute (including Unfair Prejudice Petition) / Final Judgment After Trial
Outcome
Partnership and company disputes determined; declarations as to shares and interests; orders for buy-out or sale at fair value; specific claims for occupation rent and business interests dismissed.
Legal Topics
Partnership Dissolution, Unfair Prejudice (companies Act 1986 S459, Companies Act 2006 S994), Beneficial Ownership of Property, Constructive Trust, Proprietary Estoppel, Valuation of Partnership and Company Shares, Occupation Rent, Family Business Separation
Partnership Law Company Law Trusts Property Law Partnership Dissolution Unfair Prejudice (companies Act 1986 S459, Companies Act 2006 S994) Beneficial Ownership of Property Constructive Trust +4 more

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Parties

Vatsal Babubhai Amin

Claimant/petitioner

Anju Vatsal Amin

Claimant/petitioner

Udhyam Babubhai Amin

Defendant/respondent

Rahulkumar J Desai

Defendant

Pushpaben 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

Partnership and Company Dispute (including Unfair Prejudice Petition) / Final Judgment After Trial

Legal Issues

  1. 1 What are the correct partnership shares in Lloyd Avenue?
  2. 2 Who holds beneficial ownership in 107a Rosendale Road and the Changes business?
  3. 3 Is Vatsal entitled to an occupation rent for 107a Rosendale Road?

Ratio Decidendi

The court found that partnership and property shares were as contended by the defendants, based on evidence of agreement and capital contributions. Vatsal is entitled only to a 12.5% share in Lloyd Avenue, has no interest in the Changes business, and holds a 50% beneficial share in 107a Rosendale Road with Udi. Vatsal has no interest in the business at 104 Kingston Road. No occupation rent is due for 107a Rosendale Road. Relief in the partnership and company proceedings is to be granted in accordance with these findings, with buy-out or sale of claimants' interests at fair value.

Court Disposition

Partnership and company disputes determined; declarations as to shares and interests; orders for buy-out or sale at fair value; specific claims for occupation rent and business interests dismissed.

Orders

  • Declaration that Vatsal is entitled to a 12.5% share in Lloyd Avenue partnership.
  • Declaration that Vatsal and Udi each have a 50% beneficial share in 107a Rosendale Road; Vatsal has no interest in Changes business.