Bhardwaj (Hillsgate Properties Ltd) v Barton, The Official Receiver & Ors

Bhardwaj (Hillsgate Properties Ltd) v Barton, The Official Receiver & Ors

The application to rescind the winding up order was made more than five months after the order, far outside the strict five business day limit imposed by Rule 7.47(4) of the Insolvency Rules 1986. The applicant failed to provide a proper, convincing, or candid explanation for the delay. The court found the delay intentional and the merits of the application weak. The discretion to extend time was not justified, and the application failed both on procedural and substantive grounds.

Parties
Applicant: Ravinder Bhardwaj; Respondent: The Official Receiver; Respondent: Brett Barton (Liquidator of Hillsgate Properties Ltd); Respondent: Peter Windatt (Trustee in Bankruptcy of Resham Khela)
Jurisdiction
England and Wales
Judgment Date
17 May 2011
Procedural Posture
Company Winding Up (insolvency) Application / Judgment on Application to Rescind Winding Up Order
Outcome
Application dismissed
Legal Topics
Rescission of Winding Up Order, Extension of Time, Relief From Sanctions, Bankruptcy, Liquidation
Insolvency Company Law Civil Procedure Rescission of Winding Up Order Extension of Time Relief From Sanctions Bankruptcy Liquidation

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Parties

Ravinder Bhardwaj

Applicant

The Official Receiver

Respondent

Brett Barton (Liquidator of Hillsgate Properties Ltd)

Respondent

Peter Windatt (Trustee in Bankruptcy of Resham Khela)

Respondent

Procedural Posture

Company Winding Up (insolvency) Application / Judgment on Application to Rescind Winding Up Order

Legal Issues

  1. 1 Whether the court should extend time for application to rescind winding up order under Rule 7.47(4) of the Insolvency Rules 1986
  2. 2 Whether the winding up order should be rescinded on the merits

Ratio Decidendi

The application to rescind the winding up order was made more than five months after the order, far outside the strict five business day limit imposed by Rule 7.47(4) of the Insolvency Rules 1986. The applicant failed to provide a proper, convincing, or candid explanation for the delay. The court found the delay intentional and the merits of the application weak. The discretion to extend time was not justified, and the application failed both on procedural and substantive grounds.

Court Disposition

Application dismissed

Orders

  • Application to rescind winding up order is dismissed