Industrial And Commercial Bank of China Ltd, Mumbai Branch v Ambani
The defendant has not discharged the burden of proof to show he cannot pay or raise funds for a conditional payment order; evidence of assets and family assistance is inadequate and unreliable, justifying an order for payment into court.
- Parties
- Claimant: Industrial and Commercial Bank of China Limited, Mumbai Branch; Defendant: Anil Dhirajlal Ambani
- Jurisdiction
- England and Wales
- Judgment Date
- 07 February 2020
- Procedural Posture
- Commercial / Conditional Order Application Following Summary Judgment Hearing
- Outcome
- Conditional order granted
- Legal Topics
- Conditional Orders, Summary Judgment, Guarantees, Burden of Proof, Asset Disclosure
Case Brief
Summary, issues, holding and outcome
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Parties
Industrial and Commercial Bank of China Limited, Mumbai Branch
Claimant
Anil Dhirajlal Ambani
Defendant
Procedural Posture
Commercial / Conditional Order Application Following Summary Judgment Hearing
Legal Issues
- 1 Whether the defendant can satisfy the burden of proof that a conditional order requiring payment into court would stifle his defence
- 2 Extent of defendant's assets and ability to raise funds from family or associates
- 3 Appropriateness and quantum of conditional payment order
Ratio Decidendi
The defendant has not discharged the burden of proof to show he cannot pay or raise funds for a conditional payment order; evidence of assets and family assistance is inadequate and unreliable, justifying an order for payment into court.
Court Disposition
Conditional order granted
Orders
- Defendant to pay $100 million into court as a condition for pursuing his defence.
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