The Secretary of State for Business, Energy And Industrial Strategy v Rajgor [2021] EWHC 1239 (Ch) (11 May 2021)

The Secretary of State for Business, Energy And Industrial Strategy v Rajgor [2021] EWHC 1239 (Ch) (11 May 2021)

Vipul Rajgor failed to keep, maintain, preserve, or deliver up adequate accounting records for Javazzi Limited, in breach of statutory duties. This misconduct, evidenced by evasive and untruthful testimony, demonstrates unfitness to be concerned in the management of a company. The statutory requirements and evidential burden are satisfied; a disqualification order is warranted.

Citation
[2021] EWHC 1239 (Ch)
Parties
Claimant: The Secretary of State for Business, Energy and Industrial Strategy; Defendant: Vipul Rajgor
Jurisdiction
England and Wales
Judgment Date
11 May 2021
Procedural Posture
Director Disqualification Application / Judgment After Trial
Outcome
disqualification order granted
Legal Topics
Director Disqualification, Failure to Keep Accounting Records, Company Insolvency
Company Law Insolvency Law Director Disqualification Failure to Keep Accounting Records Company Insolvency

Case Brief

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Parties

The Secretary of State for Business, Energy and Industrial Strategy

Claimant

Vipul Rajgor

Defendant

Procedural Posture

Director Disqualification Application / Judgment After Trial

Legal Issues

  1. 1 Whether Vipul Rajgor failed to keep, maintain, preserve, or deliver up adequate accounting records for Javazzi Limited as required by s. 386 Companies Act 2006
  2. 2 Whether such failure constitutes misconduct making him unfit to be concerned in the management of a company under s. 6 Company Directors Disqualification Act 1986

Ratio Decidendi

Vipul Rajgor failed to keep, maintain, preserve, or deliver up adequate accounting records for Javazzi Limited, in breach of statutory duties. This misconduct, evidenced by evasive and untruthful testimony, demonstrates unfitness to be concerned in the management of a company. The statutory requirements and evidential burden are satisfied; a disqualification order is warranted.

Court Disposition

disqualification order granted

Orders

  • Vipul Rajgor disqualified from being concerned in the management of a company for a period to be determined by the court