CR-2024-006692 - [2025] EWHC 2120 (Ch)

This is an application by SKS Justa & Co Ltd (the “First Applicant”) and SKS Business Services Ltd (the “Second Applicant”) issued on 6 November 2024 to restrain presentation of a winding up petition against them by Justa Limited (“Justa”).

The basis of the application is that the debt of £393,202.71 claimed by Justa in statutory demands dated 16 October 2024 which were served on each of the Applicants is bona fide disputed on substantial grounds. The Applicants say that: (a) the alleged debt is not due as a matter of contractual procedure or calculation; (b) Justa has impermissibly withheld sums due to the Applicants of some £200,000; and (c) Justa’s directors, who are also directors of the First Applicant, have acted in breach of their directors’ duties.

The statutory demands themselves are said to arise out of an Asset Purchase Agreement dated 31 March 2023 entered into between (inter alia) Justa, the First Applicant and the Second Applicant (the “APA”).

In support of the application, the Applicants rely on the witness statement of Deanne Hamilton dated 6 November 2024, the first witness statement of Sanjay