Judge dismisses Vijay’s application for appeal |17 August 2020

2020 has certainly not been the year for Vijay Construction as it fell to another crushing defeat in court on Friday afternoon after Judge Ellen Carolus rejected their two applications brought forward by their attorney, Bernard Georges.

The motions in question were brought before the court on Monday August 10, two days after their stay of execution expired and they failed to meet its demands.

The first motion was to revisit the conditions of the stay of execution where they are able to give some other form of guarantee. The second motion was to grant Vijay Construction the right to plead the conditions before the Court of Appeal.

Judge Carolus ruled that the stay of execution has lapsed because they were not able to meet the conditions required in the 14-day time period. The Court of Appeal also could not consider the appeal about the banking conditions because the stay of execution is an interlocutory order. (Proper court process dictates that the Supreme Court needs to grant leave on a case for it to be appealed in front of Court of Appeal – in this case appealing against the bank proof conditions). But the time for leave to do so lapsed, and the 14 days passed as well. Therefore the ruling was not in favour of Vijay Construction.

For the main case EEEL v Vijay Construction that was brought forward at the Court of Appeal, the decision will be made this week Friday August 21 when all Court of Appeal cases will be completed.

Elsie Pointe