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Ground 3 – alleged cross claim
Ground 3 – alleged cross claim
By HCR’s letter dated 3 March 2025, the Applicants assert a cross-claim against the Respondent in the sum of approximately £200,000 on the ground that Advance Receipts under clause 6.1 of the APA are being, it is said, wrongfully retained by the Respondent in breach of the APA. Even if that cross-claim is valid, the net amount owing to the Respondent would substantially exceed the insolvency limit and this therefore provides no grounds for restraining a winding up petition.
I should add that running across the Applicants’ evidence are allegations that Mr and Mrs Sahota have acted in breach of their fiduciary duties to the First Applicant by preferring their own personal financial interests over the interests
of the First Applicant. It is not suggested by the Applicants that this is a freestanding ground for restraining a winding up petition in this case. In any event, any claim for breach of duty against Mr and Mrs Sahota would be a claim against them personally, whereas the statutory demands in this case have been served by the Respondent.
- Heading
- Introduction
- Swarup dated 11 November 2024, the witness statement of Simon Gretton
- When will the court restrain presentation
- Background
- Ground 1 – No formal board approval from the Applicants for the Turnover Statement
- Ground 2 – Applicants’ concerns regarding the Turnover Statement
- Ground 3 – alleged cross claim
- Conclusions