Punjab National Bank (International) Ltd v Srinivasan & Ors [2019] EWHC 3495 (Ch) (17 December 2019)

Punjab National Bank (International) Ltd v Srinivasan & Ors [2019] EWHC 3495 (Ch) (17 December 2019)

The appeal was dismissed because the claimant's deliberate and material non-disclosure of parallel foreign proceedings justified setting aside the orders for service out of the jurisdiction and related orders. The court held that, despite errors by the Chief Master regarding the most appropriate forum and approval...

Source-derived case information.

Citation
[2019] EWHC 3495 (Ch)
Parties
Claimant/appellant: Punjab National Bank (International) Ltd; Defendant/respondent: Ravi Srinivasan; Defendant/respondent: Trishe Resources Inc (USA); Defendant/respondent: Narasimhan Ramkhumar; Defendant/respondent: Vathsala Ranganathan; Defendant/respondent: Pesco Beam Environmental Solutions Inc (USA); Defendant/respondent: Pesco Beam Environmental Solutions Private Limited; Defendant/respondent: Anantharaman Shankar; Defendant/respondent: Luke Staengl; Defendant/respondent: Anantharaman Subramanian
Jurisdiction
England and Wales
Judgment Date
17 December 2019
Procedural Posture
Appeal / Judgment on Appeal Against Order Setting Aside Permission to Serve Out of Jurisdiction and Related Orders
Outcome
Appeal dismissed
Legal Topics
Service Out of Jurisdiction, Material Non Disclosure, Jurisdiction Clauses, Forum Non Conveniens, Relief From Sanctions, Fraudulent Misrepresentation, Contractual Guarantees
Civil Procedure Private International Law Banking and Finance Service Out of Jurisdiction Material Non Disclosure Jurisdiction Clauses Forum Non Conveniens Relief From Sanctions +2 more

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Parties

Punjab National Bank (International) Ltd

Claimant/appellant

Ravi Srinivasan

Defendant/respondent

Trishe Resources Inc (USA)

Defendant/respondent

Narasimhan Ramkhumar

Defendant/respondent

Vathsala Ranganathan

Defendant/respondent

Pesco Beam Environmental Solutions Inc (USA)

Defendant/respondent

Pesco Beam Environmental Solutions Private Limited

Defendant/respondent

Anantharaman Shankar

Defendant/respondent

Luke Staengl

Defendant/respondent

Anantharaman Subramanian

Defendant/respondent

Procedural Posture

Appeal / Judgment on Appeal Against Order Setting Aside Permission to Serve Out of Jurisdiction and Related Orders

Legal Issues

  1. 1 Whether permission to serve proceedings out of the jurisdiction should be set aside for material non-disclosure
  2. 2 Whether there was a serious issue to be tried in fraud
  3. 3 Whether England was the most appropriate forum for the claims

Ratio Decidendi

The appeal was dismissed because the claimant's deliberate and material non-disclosure of parallel foreign proceedings justified setting aside the orders for service out of the jurisdiction and related orders. The court held that, despite errors by the Chief Master regarding the most appropriate forum and approval of amended pleadings, the seriousness of the non-disclosure outweighed other considerations and required the orders to be set aside in their entirety.

Court Disposition

Appeal dismissed

Orders

  • Permission to appeal granted on specified grounds
  • Orders of 13 September 2017 and 9 February 2018 set aside and not reinstated