GURDAS SABHAGCHAND CHOITHRAMANI V. THE OFFICIAL RECEIVER AND TRUSTEE IN BANKRUPTCY OF GURDAS SABHAGCHAND CHOITHRAMANI (A DISCHARGED BANKRUPT)

[2025] HKCA 422 Court of Appeal 22 May 2025 • CACV78/2024 • 12 min read

2 cases cited (0 HK, 2 foreign)

Outcome

Application dismissed

The Summons is dismissed with costs to the Defendant, to be summarily assessed.

Source: [2025] HKCA 422, Court of Appeal, decided 22 May 2025. Read directly from the judgment.

Judges (2)

Au Coram Chow Coram

Counsel (3)

Department of Justice Firm Christopher Chain Counsel Defendant Sakinah Sat Counsel Defendant

Parties (2)

The Official Receiver and Trustee in Bankruptcy of Gurdas Sabhagchand Choithramani (A Discharged Bankrupt) Defendant Gurdas Sabhagchand Choithramani Plaintiff

Case Significance

In Gurdas Sabhagchand Choithramani v. The Official Receiver and Trustee in Bankruptcy of Gurdas Sabhagchand Choithramani (A Discharged Bankrupt) [2025] HKCA 422, the Court of Appeal considered a summons concerning section 84(1) of the Bankruptcy Ordinance, together with the Limitation Ordinance and the Rules of the High Court. The matter arose from the earlier Court of First Instance decision in Gurdas Sabhagchand Choithramani v. The Official Receiver and Trustee in Bankruptcy of Gurdas Sabhagchand Choithramani (A Discharged Bankrupt) [2024] HKCFI 356. The court dismissed the summons, holding that 'The Summons is dismissed with costs to the Defendant, to be summarily assessed.'

Summary

Gurdas Sabhagchand Choithramani, a discharged bankrupt, brought proceedings against the Official Receiver and Trustee in Bankruptcy. The Court of Appeal considered the appeal arising from the bankruptcy proceedings.

What did the Court of Appeal decide in Gurdas Sabhagchand Choithramani v. The Official Receiver and Trustee in Bankruptcy of Gurdas Sabhagchand Choithramani (A Discharged Bankrupt) [2025] HKCA 422?

The Court of Appeal dismissed the summons in Gurdas Sabhagchand Choithramani v. The Official Receiver and Trustee in Bankruptcy of Gurdas Sabhagchand Choithramani (A Discharged Bankrupt) [2025] HKCA 422, holding that 'The Summons is dismissed with costs to the Defendant, to be summarily assessed.'

Which Court of First Instance decision preceded Gurdas Sabhagchand Choithramani v. The Official Receiver and Trustee in Bankruptcy of Gurdas Sabhagchand Choithramani (A Discharged Bankrupt) [2025] HKCA 422?

The matter arose from the Court of First Instance decision Gurdas Sabhagchand Choithramani v. The Official Receiver and Trustee in Bankruptcy of Gurdas Sabhagchand Choithramani (A Discharged Bankrupt) [2024] HKCFI 356, concerning section 84(1) of the Bankruptcy Ordinance.