Islamic Investment Co of the Gulf (Bahamas) Ltd v Symphony Gems & Ors

Islamic Investment Co of the Gulf (Bahamas) Ltd v Symphony Gems & Ors

The Second Defendant wilfully disobeyed the order of 16 January 2007 by failing to produce documents at or before the hearing on 11 March 2008. The claim that the obligation was superseded was misconceived. The contempt was contumacious and merits a suspended committal order. Subsequent compliance was insufficient to purge contempt.

Parties
Claimant: Islamic Investment Company of the Gulf (Bahamas) Ltd; Defendant: Symphony Gems; Defendant: Rajesh Kishor Mehta; Defendant: Vjay Kumaqr Kirtllal Mehta
Jurisdiction
England and Wales
Judgment Date
01 October 2009
Procedural Posture
Committal Application / Judgment
Outcome
Suspended committal order imposed for contempt of court; penalty to be determined after further submissions.
Legal Topics
Committal for Contempt, Judgment Enforcement, Privilege Against Self Incrimination, Freezing Orders
Civil Procedure Contempt of Court Commercial Law Committal for Contempt Judgment Enforcement Privilege Against Self Incrimination Freezing Orders

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Parties

Islamic Investment Company of the Gulf (Bahamas) Ltd

Claimant

Symphony Gems

Defendant

Rajesh Kishor Mehta

Defendant

Vjay Kumaqr Kirtllal Mehta

Defendant

Procedural Posture

Committal Application / Judgment

Legal Issues

  1. 1 Whether the Second Defendant failed to comply with court orders to produce documents and information
  2. 2 Whether such failure constitutes contempt of court
  3. 3 Whether privilege against self-incrimination was validly claimed

Ratio Decidendi

The Second Defendant wilfully disobeyed the order of 16 January 2007 by failing to produce documents at or before the hearing on 11 March 2008. The claim that the obligation was superseded was misconceived. The contempt was contumacious and merits a suspended committal order. Subsequent compliance was insufficient to purge contempt.

Court Disposition

Suspended committal order imposed for contempt of court; penalty to be determined after further submissions.

Orders

  • Second Defendant to comply with document production as per the January 2007 order and subsequent orders.
  • Suspended committal order to be specified after further submissions.