Apollo Ventures Co. Limited v Surinder Singh Manchanda

Apollo Ventures Co. Limited v Surinder Singh Manchanda

Exceptional circumstances arising from the striking out of claims against other Defendants justify granting an extension of time for the Defendant's application for a stay; Thailand is now clearly and distinctly the more appropriate forum for the trial; the stay should be granted; the Worldwide Freezing Order should remain in place; costs should lie where they fall.

Parties
Claimant: Apollo Ventures Co. Limited; Defendant: Surinder Singh Manchanda
Jurisdiction
England and Wales
Judgment Date
30 November 2021
Procedural Posture
Commercial Court Civil Claim / Ruling on Application for Stay and Extension of Time
Outcome
Extension of time granted; proceedings stayed in favour of Thailand; Worldwide Freezing Order maintained; no order as to costs.
Legal Topics
Forum Non Conveniens, Extension of Time, Worldwide Freezing Order, Jurisdiction, Costs
Civil Procedure International Commercial Law Forum Non Conveniens Extension of Time Worldwide Freezing Order Jurisdiction Costs

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 4 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Apollo Ventures Co. Limited

Claimant

Surinder Singh Manchanda

Defendant

Procedural Posture

Commercial Court Civil Claim / Ruling on Application for Stay and Extension of Time

Legal Issues

  1. 1 Whether the Defendant should be granted an extension of time to apply for a stay
  2. 2 Whether proceedings should be stayed in favour of Thailand as the more appropriate forum
  3. 3 Whether the Worldwide Freezing Order should be discharged

Ratio Decidendi

Exceptional circumstances arising from the striking out of claims against other Defendants justify granting an extension of time for the Defendant's application for a stay; Thailand is now clearly and distinctly the more appropriate forum for the trial; the stay should be granted; the Worldwide Freezing Order should remain in place; costs should lie where they fall.

Court Disposition

Extension of time granted; proceedings stayed in favour of Thailand; Worldwide Freezing Order maintained; no order as to costs.

Orders

  • Extension of time for application granted
  • Proceedings stayed in favour of Thailand