Super-Max Offshore Holdings v Malhotra & Anor

Super-Max Offshore Holdings v Malhotra & Anor

Mr Malhotra was found guilty of contempt of court for intentionally breaching the injunction by sending a letter to Punjab National Bank that disparaged the Relevant Management, specifically by stating there was 'complete anarchy in the management of SPCPL,' which included the Chief Executive Officer and thus fell within the scope of the injunction.

Parties
Claimant: Super-Max Offshore Holdings; Defendant: Rakesh Malhotra; Additional Defendant: Actis Consumer Grooming Products Limited
Jurisdiction
England and Wales
Judgment Date
15 February 2019
Procedural Posture
Contempt of Court Application / Judgment on Liability for Contempt
Outcome
Defendant found guilty of contempt of court in respect of sending the letter to Punjab National Bank.
Legal Topics
Contempt of Court, Injunctions, Breach of Court Orders
Civil Procedure Commercial Law Contempt of Court Injunctions Breach of Court Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Super-Max Offshore Holdings

Claimant

Rakesh Malhotra

Defendant

Actis Consumer Grooming Products Limited

Additional Defendant

Procedural Posture

Contempt of Court Application / Judgment on Liability for Contempt

Legal Issues

  1. 1 Whether Mr Malhotra breached the terms of an injunction by sending a disparaging letter to a Trade Contact
  2. 2 Whether the letter sent by Mr Malhotra was disparaging of Relevant Management as defined in the injunction

Ratio Decidendi

Mr Malhotra was found guilty of contempt of court for intentionally breaching the injunction by sending a letter to Punjab National Bank that disparaged the Relevant Management, specifically by stating there was 'complete anarchy in the management of SPCPL,' which included the Chief Executive Officer and thus fell within the scope of the injunction.

Court Disposition

Defendant found guilty of contempt of court in respect of sending the letter to Punjab National Bank.

Orders

  • Consequences of contempt to be determined at a future hearing where mitigation may be considered.
  • Mr Malhotra ordered to attend the future hearing unless medically excused with satisfactory evidence.