1998/131 - Nationwide Building Society v Avinash Laxman Jadhav [1998] UR 131 (23 June 1998)

1998/131 - Nationwide Building Society v Avinash Laxman Jadhav [1998] UR 131 (23 June 1998)

The court exercised its discretion to allow Dr. Jadhav access to £15,000 from the enjoined funds for immediate legal and living expenses, pending expert evidence on the alleged forgery, but refused to lift the injunction entirely due to the seriousness of the allegations and unresolved proprietary claims.

Citation
[1998] UR 131
Parties
Applicant: Dr. Avinash Laxman Jadhav; Plaintiff: Nationwide Building Society; Party Cited: Abbey National Treasury International Limited; Original Plaintiff (withdrawn): Mrs. Jadhav
Jurisdiction
Jersey
Judgment Date
23 June 1998
Procedural Posture
Injunction Application / Interlocutory Hearing on Application to Lift Injunction
Outcome
injunction varied in part
Legal Topics
Injunctions, Forgery, Proprietary Claims, Legal Costs, Variation of Mareva Injunction
Banking Law Civil Procedure Family Law Injunctions Forgery Proprietary Claims Legal Costs Variation of Mareva Injunction

Case Brief

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Parties

Dr. Avinash Laxman Jadhav

Applicant

Nationwide Building Society

Plaintiff

Abbey National Treasury International Limited

Party Cited

Mrs. Jadhav

Original Plaintiff (withdrawn)

Procedural Posture

Injunction Application / Interlocutory Hearing on Application to Lift Injunction

Legal Issues

  1. 1 Whether the injunction against Dr. Jadhav should be lifted or varied to allow payment of legal costs
  2. 2 Whether the funds transferred were subject to forgery
  3. 3 Whether Dr. Jadhav is entitled to use enjoined funds for legal expenses

Ratio Decidendi

The court exercised its discretion to allow Dr. Jadhav access to £15,000 from the enjoined funds for immediate legal and living expenses, pending expert evidence on the alleged forgery, but refused to lift the injunction entirely due to the seriousness of the allegations and unresolved proprietary claims.

Court Disposition

injunction varied in part

Orders

  • £15,000 to be paid to Crill Canavan within three days by the Party Cited for Dr. Jadhav's legal and living expenses
  • No order as to costs at this stage; costs application may be made after expert evidence or settlement