Industrial and Commercial Bank of China Ltd, Mumbai Branch v Ambani

Industrial and Commercial Bank of China Ltd, Mumbai Branch v Ambani

The defence has a real, though improbable, prospect of success regarding actual and apparent authority under the power of attorney; summary judgment is refused but a conditional order is appropriate given the implausibility and incompleteness of Mr Ambani's evidence.

Parties
Claimant: Industrial and Commercial Bank of China Limited, Mumbai Branch; Defendant: Anil Dhirajlal Ambani
Jurisdiction
England and Wales
Judgment Date
16 December 2019
Procedural Posture
Commercial Claim (summary Judgment Application) / Summary Judgment and Conditional Order Application
Outcome
Summary judgment application dismissed; conditional order to be made
Legal Topics
Summary Judgment, Personal Guarantee, Actual Authority, Apparent Authority, Conditional Order, Power of Attorney, Interpretation of Legal Documents
Contract Law Banking and Finance Agency Law Summary Judgment Personal Guarantee Actual Authority Apparent Authority Conditional Order +2 more

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Parties

Industrial and Commercial Bank of China Limited, Mumbai Branch

Claimant

Anil Dhirajlal Ambani

Defendant

Procedural Posture

Commercial Claim (summary Judgment Application) / Summary Judgment and Conditional Order Application

Legal Issues

  1. 1 Whether Mr Ambani is bound by a personal guarantee executed on his behalf under a power of attorney
  2. 2 Whether the power of attorney conferred actual or apparent authority to execute the guarantee
  3. 3 Whether summary judgment should be granted or a conditional order made

Ratio Decidendi

The defence has a real, though improbable, prospect of success regarding actual and apparent authority under the power of attorney; summary judgment is refused but a conditional order is appropriate given the implausibility and incompleteness of Mr Ambani's evidence.

Court Disposition

Summary judgment application dismissed; conditional order to be made

Orders

  • Application for summary judgment dismissed
  • Conditional order to be made, terms to be determined after further evidence and submissions