Punjab National Bank (International) Ltd v Boris Shipping Ltd & Ors [2019] EWHC 1280 (QB) (21 May 2019)

Punjab National Bank (International) Ltd v Boris Shipping Ltd & Ors [2019] EWHC 1280 (QB) (21 May 2019)

The claim forms were validly served on the relevant defendants in accordance with the Hague Convention or Article 15 thereof; permission to apply for summary judgment is granted, but the application notices must be served in accordance with the Hague Convention or by contractual agent; orders for alternative service were set aside as there were no exceptional circumstances.

Citation
[2019] EWHC 1280 (QB)
Parties
Claimant: Punjab National Bank (International) Limited; First Defendant: Boris Shipping Limited; Second Defendant: Jarc Shipping Limited; Third Defendant: Atul Jain; Fourth Defendant: Vaibhav Jain; Fifth Defendant: Siddhant Jain; Sixth Defendant: Sanjeev Jain; Seventh Defendant: Neeta Jain; Eighth Defendant: Pushpa Jain
Jurisdiction
England and Wales
Judgment Date
21 May 2019
Procedural Posture
Commercial Court (qbd) Claim for Recovery Under Facility Agreements and Guarantees / Applications for Permission to Apply for Summary Judgment and Summary Judgment
Outcome
Permission to apply for summary judgment granted; orders for alternative service set aside; summary judgment applications must be served in accordance with the Hague Convention or by contractual agent; no final summary judgment entered at this stage.
Legal Topics
Summary Judgment, Service of Process Under Hague Convention, Personal Guarantees, Jurisdiction Clauses, Default Judgment
Banking and Finance Civil Procedure Private International Law Summary Judgment Service of Process Under Hague Convention Personal Guarantees Jurisdiction Clauses Default Judgment

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Parties

Punjab National Bank (International) Limited

Claimant

Boris Shipping Limited

First Defendant

Jarc Shipping Limited

Second Defendant

Atul Jain

Third Defendant

Vaibhav Jain

Fourth Defendant

Siddhant Jain

Fifth Defendant

Sanjeev Jain

Sixth Defendant

Neeta Jain

Seventh Defendant

Pushpa Jain

Eighth Defendant

Procedural Posture

Commercial Court (qbd) Claim for Recovery Under Facility Agreements and Guarantees / Applications for Permission to Apply for Summary Judgment and Summary Judgment

Legal Issues

  1. 1 Whether the claim forms and application notices were validly served under the Hague Convention
  2. 2 Whether permission should be granted to apply for summary judgment
  3. 3 Whether summary judgment can be entered against the guarantors

Ratio Decidendi

The claim forms were validly served on the relevant defendants in accordance with the Hague Convention or Article 15 thereof; permission to apply for summary judgment is granted, but the application notices must be served in accordance with the Hague Convention or by contractual agent; orders for alternative service were set aside as there were no exceptional circumstances.

Court Disposition

Permission to apply for summary judgment granted; orders for alternative service set aside; summary judgment applications must be served in accordance with the Hague Convention or by contractual agent; no final summary judgment entered at this stage.

Orders

  • Permission to apply for summary judgment against the 3rd, 4th, 5th, 6th, 7th, and 8th Defendants granted
  • Orders for service by alternative means set aside