Super Max Offshore Holdings & Anor v Malhotra

Super Max Offshore Holdings & Anor v Malhotra

Most grounds of the contempt applications are sufficiently clear, supported by evidence, and proportionate, and should not be struck out. Certain grounds relating to alleged witness intimidation via Dubai proceedings are stayed pending the outcome of appeals in Dubai or until 1 February 2020, whichever is earlier. One ground (1(l)) is struck out as technical and disproportionate.

Parties
Claimant: Super Max Offshore Holdings; Claimant: Actis Consumer Grooming Products Limited; Defendant: Rakesh Malhotra
Jurisdiction
England and Wales
Judgment Date
15 October 2019
Procedural Posture
Contempt Application (strike Out) / Interlocutory Application Ruling
Outcome
Application to strike out granted in part, refused in part; stay granted on certain grounds pending Dubai appeals.
Legal Topics
Contempt of Court, Injunctions, Strike Out Applications, Breach of Court Orders, Witness Intimidation
Civil Procedure Employment Law Company Law Contempt of Court Injunctions Strike Out Applications Breach of Court Orders Witness Intimidation

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Parties

Super Max Offshore Holdings

Claimant

Actis Consumer Grooming Products Limited

Claimant

Rakesh Malhotra

Defendant

Procedural Posture

Contempt Application (strike Out) / Interlocutory Application Ruling

Legal Issues

  1. 1 Whether certain grounds of contempt applications should be struck out for lack of clarity, evidence, or proportionality
  2. 2 Whether the particulars of breach are sufficiently clear and supported by evidence
  3. 3 Whether a stay should be granted pending the outcome of related proceedings in Dubai

Ratio Decidendi

Most grounds of the contempt applications are sufficiently clear, supported by evidence, and proportionate, and should not be struck out. Certain grounds relating to alleged witness intimidation via Dubai proceedings are stayed pending the outcome of appeals in Dubai or until 1 February 2020, whichever is earlier. One ground (1(l)) is struck out as technical and disproportionate.

Court Disposition

Application to strike out granted in part, refused in part; stay granted on certain grounds pending Dubai appeals.

Orders

  • Ground 1(l) of the first application is struck out.
  • Grounds 11 and 12 of the third application, and grounds 1 to 7 (and related part of 9) of the fourth application, are stayed pending Dubai appeals or until 1 February 2020.