Garg v McNaught & Ors [2015] ScotCS CSOH_148 (05 November 2015)

Pursuer’s averments did not amount to exceptional circumstances; failure to challenge debt or seek recall rendered claims irrelevant; available funds could have been used to pay debt or seek recall; action dismissed as irrelevant.

Citation: [2015] ScotCS CSOH_148
Parties: Pursuer: Dr Ravindra Garg; First Defender: Donald McNaught; Second Defender: Arnold Rosen; Third Defender: Kenneth Wilson Pattullo
Jurisdiction: Scotland
Judgment Date: 05 November 2015
Procedural Posture: Action for Reduction of Sequestration / Debate on Third Defender’s Pleas in Law, Judgment
Outcome: action dismissed
Legal Topics: Reduction of Sequestration, Exceptional Circumstances, Recall of Bankruptcy, Challenge to Debt

Bankruptcy Civil Procedure Reduction of Sequestration Exceptional Circumstances Recall of Bankruptcy Challenge to Debt

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 3 Authorities cited 5 Party arguments 2 Amounts and remedies 2

Parties

Dr Ravindra Garg

Pursuer

Donald McNaught

First Defender

Arnold Rosen

Second Defender

Kenneth Wilson Pattullo

Third Defender

Procedural Posture

Action for Reduction of Sequestration / Debate on Third Defender’s Pleas in Law, Judgment

Legal Issues

1 Whether exceptional circumstances exist to justify reduction of sequestration
2 Whether pursuer’s failure to seek recall or challenge debt is relevant

Ratio Decidendi

Court Disposition

action dismissed

Orders

first and second pleas-in-law for third defender sustained
first plea-in-law for pursuer repelled