Lakshmi Anil Salgaocar v Purnima Anil Salgaocar: Breach of Settlement Agreement Dispute
In the case of Lakshmi Anil Salgaocar (suing as the administratrix of the estate of Anil Vassudeva Salgaocar, deceased) v Purnima Anil Salgaocar, the General Division of the High Court of Singapore heard a claim by Lakshmi Anil Salgaocar against her daughter, Purnima Anil Salgaocar, alleging breach of a settlement agreement. The dispute arose from a long-running disagreement over the estate of Anil Vassudeva Salgaocar. The primary legal issue was whether Purnima was precluded from pursuing an administration action for an account of the estate, based on the terms of the settlement agreement. The court dismissed Lakshmi Anil Salgaocar's claim, finding that she had not complied with the terms of the settlement agreement by failing to provide compliant accounts of the estate's non-India assets.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Claim dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
A dispute over the estate of Anil Vassudeva Salgaocar led to a breach of settlement agreement claim. The court dismissed the claim, finding Lakshmi Anil Salgaocar failed to provide compliant accounts.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Lakshmi Anil Salgaocar (suing as the administratrix of the estate of Anil Vassudeva Salgaocar, deceased) | Claimant | Individual | Claim Dismissed | Lost | Kanapathi Pillai Nirumalan, Liew Teck Huat, Phang Cunkuang |
| Purnima Anil Salgaocar | Defendant | Individual | Claim Dismissed | Won | Lim Gerui, Estad Amber Joy |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Philip Jeyaretnam | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Kanapathi Pillai Nirumalan | Niru & Co LLC |
| Liew Teck Huat | Niru & Co LLC |
| Phang Cunkuang | Niru & Co LLC |
| Lim Gerui | Drew & Napier LLC |
| Estad Amber Joy | Drew & Napier LLC |
4. Facts
- Mr. Salgaocar filed a suit against Mr. Jhaveri regarding a trust over substantial assets.
- Mr. Salgaocar passed away, and Mdm Lakshmi continued the action as administratrix.
- Disputes arose between Ms. Purnima and Mdm Lakshmi regarding information about the Estate’s assets.
- Mdm Lakshmi and Ms. Purnima entered into a settlement agreement on 27 May 2021.
- Mdm Lakshmi was obligated to provide an account of the Non-India Assets by 1 December 2021.
- Mdm Lakshmi did not provide an account by the stipulated date.
- Ms. Purnima filed HCF/OSP 6/2022 seeking the Accounts.
5. Formal Citations
- Lakshmi Anil Salgaocar (suing as the administratrix of the estate of Anil Vassudeva Salgaocar, deceased) v Purnima Anil Salgaocar, Originating Claim No 49 of 2022, [2023] SGHC 290
6. Timeline
| Date | Event |
|---|---|
| Mr. Salgaocar filed suit HC/S 821/2015 against Mr. Jhaveri. | |
| Mr. Salgaocar passed away intestate. | |
| Mdm Lakshmi and Ms. Purnima entered into a settlement agreement. | |
| Ms. Purnima filed HC/OS 928/2020 alleging breach of settlement agreement. | |
| Mdm Lakshmi and Ms. Purnima entered into a second settlement agreement. | |
| Deadline for Mdm Lakshmi to provide account of Non-India Assets. | |
| Mdm Lakshmi provided a document for inspection. | |
| Ms. Purnima filed HCF/OSP 6/2022 seeking the Accounts. | |
| Mdm Lakshmi filed action OC 49 alleging breach of 2SA. | |
| Mdm Lakshmi filed HC/SUM 2031/2022 seeking an injunction. | |
| Ms. Purnima filed a Defence and Counterclaim in OC 49. | |
| Lai Siu Chiu SJ granted an injunction as sought in SUM 2031. | |
| Ms. Purnima filed HC/SUM 3781/2022. | |
| The court heard aspects of SUM 3781. | |
| Kannan Ramesh JAD gave judgment in Lakshmi Anil Salgaocar v Darsan Jitendra Jhaveri [2023] SGHC 47. | |
| Lai Siu Chiu SJ's grounds of decision issued in Lakshmi Anil Salgaocar v Purnima Anil Salgaocar [2023] SGHC 49. | |
| Trial of OC 49 took place. | |
| The AD delivered its judgment in Purnima Anil Salgaocar v Lakshmi Anil Salgaocar [2023] SGHC(A) 21. | |
| Judgment reserved. |
7. Legal Issues
- Breach of Settlement Agreement
- Outcome: The court found that Mdm Lakshmi did not comply with the terms of the settlement agreement, specifically cl 7, by failing to provide compliant accounts of the Non-India Assets.
- Category: Substantive
- Sub-Issues:
- Failure to provide accounts
- Delay in providing accounts
- Related Cases:
- [2023] SGHC(A) 21
8. Remedies Sought
- Damages
- Permanent Injunction
9. Cause of Actions
- Breach of Contract
10. Practice Areas
- Commercial Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Lakshmi Anil Salgaocar (suing as the administratrix of the estate of Anil Vassudeva Salgaocar, deceased) v Purnima Anil Salgaocar | High Court | Yes | [2023] SGHC 49 | Singapore | Cited for the grounds of decision issued by Lai Siu Chiu SJ regarding the interim injunction. |
| Lakshmi Anil Salgaocar (suing as the administratrix of the estate of Anil Vassudeva Salgaocar) and another v Darsan Jitendra Jhaveri and others (Kwan Ka Yu Terence, third party) | High Court | Yes | [2023] SGHC 47 | Singapore | Cited as the first instance decision in S 821, described as being largely in favor of the Estate. |
| Purnima Anil Salgaocar v Lakshmi Anil Salgaocar (suing as the administratrix of the estate of Anil Vassudeva Salgaocar, deceased) | Appellate Division of the High Court | Yes | [2023] SGHC(A) 21 | Singapore | The AD allowed the appeal and discharged the injunction. The AD’s ruling interpreting cll 11 and 18 of 2SA is expressed as a final decision that binds the parties in OC 49 as well as in OSP 6, including SUM 145. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Settlement Agreement
- Non-India Assets
- Estate
- Accounts
- Administratrix
- Breach of Contract
15.2 Keywords
- settlement agreement
- estate
- accounts
- breach of contract
- Singapore
- high court
16. Subjects
- Contract Dispute
- Estate Administration
17. Areas of Law
- Contract Law
- Breach of Contract
- Settlement Agreement
- Probate, Administration and Succession