Punjab National Bank (International) Ltd v Srinivasan & Ors [2019] EWHC 89 (Ch) (24 January 2019)

Punjab National Bank (International) Ltd v Srinivasan & Ors [2019] EWHC 89 (Ch) (24 January 2019)

The particulars of claim failed to plead the claims in deceit and misrepresentation with sufficient particularity, making it impossible for the defendants to know the case they had to meet. The claimant did not demonstrate a serious issue to be tried in deceit or misrepresentation. There was also material...

Source-derived case information.

Citation
[2019] EWHC 89 (Ch)
Parties
Claimant: Punjab National Bank (International) Limited; 1st Defendant: Ravi Srinivasan; 2nd Defendant: Trishe Resources Inc (USA); 3rd Defendant: Narasimhan Ramkhumar; 4th Defendant: Vathsala Ranganathan; 5th Defendant: Pesco Beam Environmental Solutions Inc (USA); 6th Defendant: Pesco Beam Environmental Solutions Private Limited; 7th Defendant: Shankar Anantharaman; 8th Defendant: Luke Staengl; 9th Defendant: Anantharam Subramamium
Jurisdiction
England and Wales
Judgment Date
24 January 2019
Procedural Posture
Commercial/banking, Chancery Division / Interlocutory Application to Set Aside Orders for Service Out of Jurisdiction and by Alternative Means
Outcome
Applications granted. Orders for service out of jurisdiction and by alternative means set aside.
Legal Topics
Service Out of Jurisdiction, Alternative Service, Forum Conveniens, Fraudulent Misrepresentation, Guarantees, Breach of Contract, Jurisdiction Clauses
Civil Procedure Private International Law Banking and Finance Service Out of Jurisdiction Alternative Service Forum Conveniens Fraudulent Misrepresentation Guarantees +2 more

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Parties

Punjab National Bank (International) Limited

Claimant

Ravi Srinivasan

1st Defendant

Trishe Resources Inc (USA)

2nd Defendant

Narasimhan Ramkhumar

3rd Defendant

Vathsala Ranganathan

4th Defendant

Pesco Beam Environmental Solutions Inc (USA)

5th Defendant

Pesco Beam Environmental Solutions Private Limited

6th Defendant

Shankar Anantharaman

7th Defendant

Luke Staengl

8th Defendant

Anantharam Subramamium

9th Defendant

Procedural Posture

Commercial/banking, Chancery Division / Interlocutory Application to Set Aside Orders for Service Out of Jurisdiction and by Alternative Means

Legal Issues

  1. 1 Whether the claimant made out an arguable case in deceit and misrepresentation against the defendants
  2. 2 Whether England is the most appropriate forum for the dispute
  3. 3 Whether there was material non-disclosure by the claimant in obtaining orders for service out of jurisdiction

Ratio Decidendi

The particulars of claim failed to plead the claims in deceit and misrepresentation with sufficient particularity, making it impossible for the defendants to know the case they had to meet. The claimant did not demonstrate a serious issue to be tried in deceit or misrepresentation. There was also material non-disclosure by the claimant in failing to inform the court of parallel proceedings in the US and India when seeking orders for service out of jurisdiction. Service by email was not justified on the evidence. The orders for service out of jurisdiction and by alternative means were set aside.

Court Disposition

Applications granted. Orders for service out of jurisdiction and by alternative means set aside.

Orders

  • Orders dated 13 September 2017 and 9 February 2018 granting permission to serve out of jurisdiction and by email are set aside.
  • Claimant's claim against the defendants cannot proceed in this jurisdiction as served.