Darsan Jitendra Jhaveri v Lakshmi Anil Salgaocar: Appeal on Breach of Trust & Extension of Time Application
Darsan Jitendra Jhaveri and eleven Singapore-incorporated special purpose vehicles appealed against the decision of the High Court in Lakshmi Anil Salgaocar v Darsan Jitendra Jhaveri, which held that Mr. Darsan had committed breaches of trust. The Estate of Anil Vassudeva Salgaocar and Winter Meadow Capital Inc were the plaintiffs in the original suit and the respondents in the appeal. The Appellate Division of the High Court dismissed the respondents' application to strike out the appeal and made no order on the applications to adduce further evidence. The court addressed applications regarding the adducing of further evidence and an extension of time to strike out the appeal.
1. Case Overview
1.1 Court
Appellate Division of the High Court1.2 Outcome
Application to strike out the appeal dismissed; no order made on applications to adduce further evidence.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding breaches of trust. The court dismissed the application to strike out the appeal and made no order on applications to adduce further evidence.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Darsan Jitendra Jhaveri | Appellant | Individual | Application to strike out appeal dismissed | Neutral | Tan Chee Meng, Lim Wei Lee, Daryl Wong, Victoria Yu, Chin Ming Fwu, Wee Min, Narayanan Sreenivasan, Rajaram Muralli Raja, Eva Teh Jing Hui |
| Singapore Star Holdings Pte Ltd | Appellant | Corporation | Application to strike out appeal dismissed | Neutral | Tan Chee Meng, Lim Wei Lee, Daryl Wong, Victoria Yu, Chin Ming Fwu, Wee Min, Narayanan Sreenivasan, Rajaram Muralli Raja, Eva Teh Jing Hui |
| Great Newton Properties Pte Ltd | Appellant | Corporation | Application to strike out appeal dismissed | Neutral | Tan Chee Meng, Lim Wei Lee, Daryl Wong, Victoria Yu, Chin Ming Fwu, Wee Min, Narayanan Sreenivasan, Rajaram Muralli Raja, Eva Teh Jing Hui |
| Capital Glory Investments Pte Ltd | Appellant | Corporation | Application to strike out appeal dismissed | Neutral | Tan Chee Meng, Lim Wei Lee, Daryl Wong, Victoria Yu, Chin Ming Fwu, Wee Min, Narayanan Sreenivasan, Rajaram Muralli Raja, Eva Teh Jing Hui |
| Newton Noble Properties Pte Ltd | Appellant | Corporation | Application to strike out appeal dismissed | Neutral | Tan Chee Meng, Lim Wei Lee, Daryl Wong, Victoria Yu, Chin Ming Fwu, Wee Min, Narayanan Sreenivasan, Rajaram Muralli Raja, Eva Teh Jing Hui |
| Sino Noble Asset Management Pte Ltd | Appellant | Corporation | Application to strike out appeal dismissed | Neutral | Tan Chee Meng, Lim Wei Lee, Daryl Wong, Victoria Yu, Chin Ming Fwu, Wee Min, Narayanan Sreenivasan, Rajaram Muralli Raja, Eva Teh Jing Hui |
| Singapore Star Investments Pte Ltd | Appellant | Corporation | Application to strike out appeal dismissed | Neutral | Tan Chee Meng, Lim Wei Lee, Daryl Wong, Victoria Yu, Chin Ming Fwu, Wee Min, Narayanan Sreenivasan, Rajaram Muralli Raja, Eva Teh Jing Hui |
| Singapore Star Shipping Pte Ltd | Appellant | Corporation | Application to strike out appeal dismissed | Neutral | Tan Chee Meng, Lim Wei Lee, Daryl Wong, Victoria Yu, Chin Ming Fwu, Wee Min, Narayanan Sreenivasan, Rajaram Muralli Raja, Eva Teh Jing Hui |
| Singapore Star Properties Pte Ltd | Appellant | Corporation | Application to strike out appeal dismissed | Neutral | Tan Chee Meng, Lim Wei Lee, Daryl Wong, Victoria Yu, Chin Ming Fwu, Wee Min, Narayanan Sreenivasan, Rajaram Muralli Raja, Eva Teh Jing Hui |
| Sino Ling Tao Resources Pte Ltd | Appellant | Corporation | Application to strike out appeal dismissed | Neutral | Tan Chee Meng, Lim Wei Lee, Daryl Wong, Victoria Yu, Chin Ming Fwu, Wee Min, Narayanan Sreenivasan, Rajaram Muralli Raja, Eva Teh Jing Hui |
| Millers Capital Investments Pte Ltd | Appellant | Corporation | Application to strike out appeal dismissed | Neutral | Tan Chee Meng, Lim Wei Lee, Daryl Wong, Victoria Yu, Chin Ming Fwu, Wee Min, Narayanan Sreenivasan, Rajaram Muralli Raja, Eva Teh Jing Hui |
| Nova Raffles Holdings Pte Ltd | Appellant | Corporation | Application to strike out appeal dismissed | Neutral | Tan Chee Meng, Lim Wei Lee, Daryl Wong, Victoria Yu, Chin Ming Fwu, Wee Min, Narayanan Sreenivasan, Rajaram Muralli Raja, Eva Teh Jing Hui |
| Lakshmi Anil Salgaocar (suing as the Administratrix of the Estate of Anil Vassudeva Salgaocar) | Respondent | Individual | Application to adduce further evidence: No order made, Application to strike out appeal dismissed | Neutral, Lost | Davinder Singh, Jaikanth Shankar, Jaspreet Singh Sachdev, Ng Shu Wen, Kanapathi Pillai Nirumalan, Ritesh Vaman |
| Winter Meadow Capital Inc | Respondent | Corporation | Application to adduce further evidence: No order made, Application to strike out appeal dismissed | Neutral, Lost | Davinder Singh, Jaikanth Shankar, Jaspreet Singh Sachdev, Ng Shu Wen, Kanapathi Pillai Nirumalan, Ritesh Vaman |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Woo Bih Li | Judge of the Appellate Division | Yes |
| Debbie Ong Siew Ling | Judge of the Appellate Division | No |
| See Kee Oon | Judge of the Appellate Division | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Tan Chee Meng | WongPartnership LLP |
| Lim Wei Lee | WongPartnership LLP |
| Daryl Wong | WongPartnership LLP |
| Victoria Yu | WongPartnership LLP |
| Chin Ming Fwu | WongPartnership LLP |
| Wee Min | WongPartnership LLP |
| Narayanan Sreenivasan | K&L Gates Straits Law LLC |
| Rajaram Muralli Raja | K&L Gates Straits Law LLC |
| Eva Teh Jing Hui | K&L Gates Straits Law LLC |
| Davinder Singh | Davinder Singh Chambers LLC |
| Jaikanth Shankar | Davinder Singh Chambers LLC |
| Jaspreet Singh Sachdev | Davinder Singh Chambers LLC |
| Ng Shu Wen | Davinder Singh Chambers LLC |
| Kanapathi Pillai Nirumalan | Niru & Co LLC |
| Ritesh Vaman | Niru & Co LLC |
4. Facts
- Mr. Darsan and eleven SPVs appealed against a decision that Mr. Darsan had committed breaches of trust.
- The Estate of Mr. Salgaocar and Winter Meadow Capital Inc were the plaintiffs in the original suit and respondents in the appeal.
- The respondents applied to strike out the appeal and to adduce further evidence.
- Mr. Darsan filed a Writ Petition in the High Court of Delhi, and the respondents sought an anti-suit injunction.
- The respondents argued that Mr. Darsan was acting in contempt of court.
- The court considered whether an extension of time should be granted for filing the striking out application.
5. Formal Citations
- Darsan Jitendra Jhaveri and othersvLakshmi Anil Salgaocar (suing as the administratrix of the estate of Anil Vassudeva Salgaocar) and another, , [2024] SGHC(A) 20
- , Civil Appeal No 88 of 2023, Civil Appeal No 88 of 2023
6. Timeline
| Date | Event |
|---|---|
| Claim commenced in HC/S 821/2015 | |
| Mr. Salgaocar passed away | |
| Judge held that Mr. Darsan had committed breaches of trust | |
| Notice of appeal served | |
| Mr. Darsan filed a Writ Petition (Civil) No 14567 in the High Court of Delhi | |
| Respondents filed HC/OA 1197/2023 for an anti-suit injunction | |
| Respondents filed HC/SUM 3643/2023 seeking an ex parte interim ASI | |
| Interim ASI granted | |
| Mr. Darsan's lawyers in Delhi asked the High Court of Delhi to make an interim order directing that the “status quo be maintained qua the subject monies/shares” | |
| Status Quo Order uploaded on the website of the High Court of Delhi | |
| Mr. Darsan filed an application to amend prayer (iii) of No 14567 | |
| SUM 2 was filed | |
| Court dismissed SUM 41 | |
| Case management conference held | |
| Mdm Lakshmi's written submissions dated 5 February 2024 for SUM 2 stated (at para 15) that Mdm Lakshmi had already relied on the Hadkinson principle in her Respondent’s Case in AD 88 on 1 December 2023 | |
| SUM 12 was filed | |
| SUM 16 was filed | |
| Court made no order on SUM 2 and SUM 16 and dismissed SUM 12 | |
| Grounds of decision delivered |
7. Legal Issues
- Extension of time for filing a striking out application
- Outcome: The court held that no extension of time should be granted for the filing of SUM 12.
- Category: Procedural
- Striking out an appeal
- Outcome: The court was not persuaded that the conduct of Mr. Darsan warranted a striking out of AD 88.
- Category: Procedural
- Adducing further evidence on appeal
- Outcome: The court held that no leave was required to rely on documents for the purpose of persuading the court not to hear an appeal.
- Category: Procedural
8. Remedies Sought
- Striking out of appeal
- Permission to adduce further evidence
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Appellate Procedure
- Civil 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) & Anor v Darsan Jitendra Jhaveri & Ors | General Division of the High Court | Yes | [2023] SGHC 47 | Singapore | This is the original decision being appealed. The Judge held that Mr Darsan had committed breaches of trust. |
| Hadkinson v Hadkinson | N/A | Yes | [1952] P. 285 | N/A | Cited for the Hadkinson principle, which states that the court may exercise its discretion to refuse to hear a party in contempt unless and until he has purged his contempt. |
| Ladd v Marshall | N/A | Yes | [1954] 3 All ER 745 | N/A | Cited for the requirements to admit additional evidence on appeal. |
| Anan Group (Singapore) Pte Ltd v VTB Bank (Public Joint Stock Co) | N/A | Yes | [2019] 2 SLR 341 | Singapore | Cited for the rationale behind the Ladd v Marshall requirements, which is that of finality in litigation. |
| Yee Heng Khay (alias Roger) v Angliss Singapore Pte Ltd and another matter | N/A | Yes | [2022] 2 SLR 521 | Singapore | Cited to show that the Ladd v Marshall requirements are not applied to new points or claims raised on appeal. |
| Aathar Ah Kong Andrew v OUE Lippo Healthcare Ltd | Singapore Court of Appeal | Yes | [2021] SGCA 48 | Singapore | Cited for the factors the court considers when deciding if an extension of time should be granted for the filing of a striking out application. |
13. Applicable Rules
| Rule Name |
|---|
| O 19 r 35(14) of the Rules of Court 2021 |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Rules of Court 2021 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Breach of trust
- Striking out
- Extension of time
- Anti-suit injunction
- Hadkinson principle
- Abuse of process
- Contempt of court
15.2 Keywords
- breach of trust
- appeal
- striking out
- extension of time
- civil procedure
16. Subjects
- Civil Procedure
- Trust Law
- Appeals
17. Areas of Law
- Civil Procedure
- Extension of time
- Striking out