SABYASACHI MUKHERJEE & Anor v PRADEEPTO KUMAR BISWAS
Key facts
| Court | High Court (General Division) |
|---|---|
| Decided | |
| Judge | Goh Yihan |
| Charges / claim | Res Judicata, Insolvency Law, Civil Procedure |
| Counsel | Allen & Gledhill LLP, Carson Law Chambers, Drew & Napier LLC, RSM Corporate Advisory Pte Ltd, WongPartnership LLP, Abigail Anousha Fernandez, Ang Guo Qiang, Brenda Chow, Chan Daniel, Cheng Hiu Lam Larisa, Joshua Quek Wen Chieh, Lim Jie Hao Sampson, Lim Tean, See Chern Yang, Tham Hsu Hsien, Yu Zheng Yi Victoria |
Source: [2023] SGHC 262, High Court (General Division), decided — eLitigation. Updated .
Catchwords
Practice Areas
Judges (1)
Counsel (16)
Case Significance
Sabyasachi Mukherjee and another v Pradeepto Kumar Biswas and another matter [2023] SGHC 262 is a reserved judgment of Goh Yihan JC in the General Division of the High Court, delivered on 15 September 2023 in Bankruptcy No 2425 of 2021 (Registrar's Appeals Nos 343, 344 and 348 of 2022, No 131 of 2023, and Summons No 268 of 2023) and Originating Application No 152 of 2022 (Summons No 2247 of 2023). The six matters arose from bankruptcy proceedings that Mr Sabyasachi Mukherjee and Ms Gouri Mukherjee brought against Mr Pradeepto Kumar Biswas, who was appealing against the bankruptcy order made against him. The catchwords span issue estoppel, the adducing of fresh evidence on appeal, a bankrupt's duty to obtain the sanction of the Official Assignee, and a stay in bankruptcy.
[2023] SGHC 262 explained
SABYASACHI MUKHERJEE & Anor v PRADEEPTO KUMAR BISWAS ([2023] SGHC 262) is a Singapore judgment decided by the High Court (General Division) on 15 September 2023. It is categorised under Res Judicata, Insolvency Law, and Civil Procedure. Within this corpus it has since been cited by 1 other reported Singapore judgment, a measure of how often later decisions have referred to it. This page summarises what the reported decision covers and links the primary sources — the full judgment, the statutes it cites, and the other cases it engages with — so the decision can be read in context. It is reference information, not legal advice, and it does not state the outcome or any holding beyond what the official judgment records.
What is [2023] SGHC 262 about?
SABYASACHI MUKHERJEE & Anor v PRADEEPTO KUMAR BISWAS ([2023] SGHC 262) is a High Court (General Division) decision from 2023. Its published catchwords are “Res Judicata — Issue estoppel”, “Insolvency Law — Bankruptcy — Stay”, “Civil Procedure — Appeals — Adducing fresh evidence on appeal”, and “Insolvency Law — Bankruptcy — Bankrupt’s duties and liabilities — Duty to obtain sanction of Official Assignee”, which indicate the subject matter the judgment addresses. The full reasoning and orders are in the judgment itself, linked below.
Which legislation does [2023] SGHC 262 consider?
The judgment refers to Bankruptcy Act (Cap 20), Bankruptcy Ordinance, Insolvency, Restructuring and Dissolution Act, and Restructuring and Dissolution Act, among other provisions. The statutes cited are listed in full on this page, each linking to its primary text.
How influential is [2023] SGHC 262?
Within this corpus, [2023] SGHC 262 has been cited by 1 later reported Singapore judgment. That count reflects references from other decisions held in this corpus only and is a conservative lower bound on how often the case has actually been cited.
Summary
Sabyasachi Mukherjee and Gouri Mukherjee were creditors in bankruptcy proceedings against Pradeepto Kumar Biswas, who brought six matters including appeals against the bankruptcy order and an application for pre-action discovery alleged to expose perjury and nullify the statutory demand. The court found the applications to be baseless and spurious attempts to delay enforcement, amounting to an abuse of process, and noted the improper statements the appellant had made about the Singapore courts. The court directed the parties to file written submissions on costs.
What was Sabyasachi Mukherjee v Pradeepto Kumar Biswas [2023] SGHC 262 about?
It involved six matters before Goh Yihan JC, decided on 15 September 2023, arising from bankruptcy proceedings that Sabyasachi Mukherjee and Gouri Mukherjee brought against Pradeepto Kumar Biswas, who was appealing the bankruptcy order made against him.
What legal issues did [2023] SGHC 262 raise?
The catchwords covered res judicata and issue estoppel, adducing fresh evidence on appeal, a bankrupt's duty to obtain the Official Assignee's sanction, and a stay in bankruptcy, arising under the Insolvency, Restructuring and Dissolution Act.
Statutes Cited
Cases Cited (15)
Related cases
Other Singapore judgments involving the same parties or counsel.
Referenced in
Statutes interpreted in this judgment
Legal concepts & references
Judgment
Read the full judgment on the official Singapore Courts portal.
Read on eLitigationSource: eLitigation ([2023] SGHC 262)