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)
Parties (6)
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.
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
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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)