Industrial And Commercial Bank of China Ltd, Mumbai Branch v Ambani [2020] EWHC 272 (Comm) (07 February 2020)

Industrial And Commercial Bank of China Ltd, Mumbai Branch v Ambani [2020] EWHC 272 (Comm) (07 February 2020)

Mr. Ambani has not discharged the burden of proving, on the balance of probabilities, that he cannot pay or raise the sum required for a conditional order, either from his own assets or with assistance from family or associates. His evidence is incomplete, inconsistent, and unreliable, and the court cannot accept at...

Source-derived case information.

Citation
[2020] EWHC 272 (Comm)
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 Court Claim for Payment Under Guarantee / Post Summary Judgment Application; Determination of Conditional Order for Payment Into Court
Outcome
Conditional order granted; defendant required to pay sum into court as condition of defending claim.
Legal Topics
Summary Judgment, Conditional Orders, Guarantee Enforcement, Burden of Proof on Ability to Pay, Asset Disclosure
Commercial Law Banking Law Civil Procedure Summary Judgment Conditional Orders Guarantee Enforcement Burden of Proof on Ability to Pay Asset Disclosure

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Parties

Industrial and Commercial Bank of China Limited, Mumbai Branch

Claimant

Anil Dhirajlal Ambani

Defendant

Procedural Posture

Commercial Court Claim for Payment Under Guarantee / Post Summary Judgment Application; Determination of Conditional Order for Payment Into Court

Legal Issues

  1. 1 Whether the defendant, Mr. Ambani, should be required to pay a sum into court as a condition of defending the claim under CPR PD 24
  2. 2 Whether Mr. Ambani has discharged the burden of proving he cannot pay or raise the sum required, such that a conditional order would stifle his defence

Ratio Decidendi

Mr. Ambani has not discharged the burden of proving, on the balance of probabilities, that he cannot pay or raise the sum required for a conditional order, either from his own assets or with assistance from family or associates. His evidence is incomplete, inconsistent, and unreliable, and the court cannot accept at face value his claims of insolvency. Accordingly, a conditional order for payment into court is appropriate.

Court Disposition

Conditional order granted; defendant required to pay sum into court as condition of defending claim.

Orders

  • Mr. Ambani is ordered to pay US$100,000,000 into court within 6 weeks as a condition of defending the claim.