The Gupta family will on Friday morning file responding court papers at the High Court in Pretoria t.
Phalula, who is back in action after giving birth 18 months ago, is happy things are beginning to shape up well for her again.
This was after Phalula restored her reputation by winning the Durban leg of the 10km Spar Women's Challenge last Sunday, which earned her R10000.
It was her first win since the Transnet Athletic Club runner was suspended after testing positive for the banned stimulant methylhexaneamine in 2011.
"That's where I realised when days are dark, friends are few. I was suffering from pneumonia, I was given tablets before a 10km road race because I was dizzy," said Phalula.
"I was told I will feel good during the race. It's my fault because I trusted the person who gave me those tablets thinking I was getting help.
"I had all sorts of personal problems after I tested positive, but I was encouraged by the success of my friend Mapaseka," she said.
Makhanya won almost every competition last year, with her prizes including a new car.
Phalula said she had received words of encouragement from Makhanya.
"It's been a bit difficult for me since I started running again in January but I'm happy to have finally won a big race. I'm so happy."
Phalula will be hoping for another win in the fourth leg of the series in Pretoria on Saturday afternoon.
Twin sister Lebo is leading the Spar Women's Challenge Grand Prix points table after winning the first two legs of the series .