Total Fitness Centre and Prince Deli and Bakery Ltd. on Brunswick Street could be forcibly wound up, according to a writ filed in the Supreme Court on Tuesday.

Owners of the gym and deli are former UBP MP Dr. Clarence James and David Dunkley.

The writ was in the matter of Section 111 and Section 161 (g) of the Companies Act 1984 and named “Clarence Eldridge James against David Wayne Dunkley, Total Fitness Centre Ltd and Prince Deli and Bakery Ltd.”

When contacted on Wednesday Dr. James said he did not want to comment on the matter but said the company was “not being wound up.”

When Mr. Dunkley was contacted, he directed all inquiries to his attorney, Delroy Duncan. Messages left at Mr. Duncan's office on Wednesday and yesterday were not returned.

Attorneys for Dr. James, Wakefield Quinn, were not available for comment on Wednesday as the office was closed for a staff party and messages left yesterday were not returned.

Total Fitness manager Calleea Frith also failed to return calls made by The Royal Gazette.

It is not know if the company has any other shareholders.

Section 111 of the Companies Act 1984 (see box) deals with members of a company who complain that the affairs of the company are not being conducted properly.

The section allows the court to either regulate the companies affairs in the future, or make an order for the purchase of shares of the company by another member or by the company.

This means that the court could order Dr. James, or the company to buy the shares of Mr. Dunkley, and vice-versa.

Failing this, the court could order the company be wound up, as the writ also includes Section 161 (g) of the Act.

Dr. James and Mr. Dunkley also have a business relationship in Precision Construction Ltd. Dr. James is a director and vice president and Mr. Dunkley is co-owner.