Milton Keynes—Dentons announced today that its client, Amarjit Banwaitt, succeeded in the Court of Appeal against Dr Mohammed Dewji.
Last year Mr Banwaitt obtained a judgment for US$2 million which represented funds that Mr Banwaitt was induced by Dr Dewji to invest in an overseas property transaction. Mr Banwaitt claims that the investment was procured as a result of a series of fraudulent misrepresentations. Following a four day trial the court found in favour of Mr Banwaitt. Dr Dewji appealed. On 6 February 2014 that appeal was rejected and the Court of Appeal upheld the trial judge's decision including the findings of dishonesty.
The evidence showed that Dr Dewji himself was persuaded to enter into the land transaction in Cambodia by a local businessman. There was a promise of a substantial return. Land was to be bought cheaply and immediately sold on for development to a hotel chain. Dr Dewji assembled a group of investors including Mr Banwaitt and other local businessmen.
Unfortunately Dr Dewji failed to exercise due caution in making the investment. To obtain the funds from Mr Banwaitt he made a series of untrue statements about the investment and the risks involved. He untruthfully assured Mr Banwaitt that there was a consortium of businessmen prepared to contribute US$14 million. He also said that the hotel chain was signed up to buy the investment and had paid a non-refundable deposit. He also told Mr Banwaitt that the money was urgently needed as otherwise the deposit would be forfeit. In truth, no deposit had been paid.
Mr Banwaitt was represented by the Milton Keynes office of Dentons and Edmund Cullen QC. Commenting on the case partner James Fairbairn said, "We are pleased that the court has found in favour of our client, this was the right result. Our client can now move to recover his financial loss and put this unfortunate dispute behind him."
Dentons is now moving to enforce the judgment it has obtained against Dr Dewji and are pursuing the funds in Cambodia. It is hoped that Dr Dewji will be able to get funds from Cambodia to satisfy the court judgment.
Redefining possibilities. Together, everywhere. For more information visit dentons.com