Sarjanda Ltd (In Liquidation) v Aluminium Eco Solutions Ltd & Anor

Sarjanda Ltd (In Liquidation) v Aluminium Eco Solutions Ltd & Anor

There is no good reason for the delay of over two years in making the application, which is far outside the five-day limit. The circumstances are not exceptional, the company is not solvent, and the application is essentially a second attempt to pay debts after the fact. The jurisdiction is not intended to allow piecemeal payment of debts over an extended period. Extension of time and rescission are refused.

Parties
Applicant: Sarjanda Ltd (in liquidation); Respondent: Aluminium Eco solutions Ltd; Respondent: Mr James Stares
Jurisdiction
England and Wales
Judgment Date
05 February 2021
Procedural Posture
Insolvency Application / Application to Rescind Winding Up Order
Outcome
Application dismissed
Legal Topics
Rescission of Winding Up Order, Extension of Time, Relief From Sanctions
Insolvency Law Company Law Rescission of Winding Up Order Extension of Time Relief From Sanctions

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 13 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Sarjanda Ltd (in liquidation)

Applicant

Aluminium Eco solutions Ltd

Respondent

Mr James Stares

Respondent

Procedural Posture

Insolvency Application / Application to Rescind Winding Up Order

Legal Issues

  1. 1 Whether the court should extend time to allow an application to rescind a winding up order made over two years out of time
  2. 2 Whether the circumstances are exceptional to justify rescission of the winding up order

Ratio Decidendi

There is no good reason for the delay of over two years in making the application, which is far outside the five-day limit. The circumstances are not exceptional, the company is not solvent, and the application is essentially a second attempt to pay debts after the fact. The jurisdiction is not intended to allow piecemeal payment of debts over an extended period. Extension of time and rescission are refused.

Court Disposition

Application dismissed

Orders

  • Extension of time to apply for rescission refused
  • Application to rescind winding up order dismissed