Introduction
Introduction
This is my judgment following the trial of two separate claims, but which were directed to be heard together and which arise following the breakdown in family relations and in the context of various business interests.
Messrs Baljit Singh (“C1”), Inderjit Singh (“C2”) and Ranjit Singh (“C3”)(together “the Claimants”) are the brothers of Mr Mani Singh (“D1”), who is a defendant in both claims. D1 is married to Mrs Narinder Kaur (“D2”), who is the second defendant in the first claim (together “the Defendants”).
In summary:
The first claim is a Part 7 claim issued on 6 September 2024 for specific performance of share buyback agreements (in identical terms where relevant), which essentially requires the court to interpret the disputed meaning in two respects of provisions dealing with the division between the parties of 7 commercial premises (“Sites B – H”), which are currently held by Pargat Property Limited (“PPL”). PPL is a company owned by the parties in unequal shares; and
The second claim is a Part 8 claim issued on 15 November 2024 for an order for sale of the main commercial premises from which the family business operates (“Site A”) and which is currently owned by the Claimants and D1 as beneficial tenants in common in equal shares. It is not seriously disputed that the Claimants (as the continuing owners of the family business) ought to be entitled to purchase Site A. The essential issue is whether the court ought to direct that Site A be sold to the Claimants in accordance with the valuation of the single joint expert, or placed for sale on the open market with vacant possession and the Claimants having the option to match any third party offer.
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