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)

Permission to apply for summary judgment is granted as claim forms were validly served and court has jurisdiction; orders for alternative service are set aside due to lack of exceptional circumstances; summary judgment applications must be served in accordance with the Hague Convention or contractual agent; no summary judgment granted until proper service of application notices.

Citation
[2019] EWHC 1280
Parties
Claimant: Punjab National Bank (International) Limited; Defendant: Boris Shipping Limited; Defendant: Jarc Shipping Limited; Defendant: Atul Jain; Defendant: Vaibhav Jain; Defendant: Siddhant Jain; Defendant: Sanjeev Jain; Defendant: Neeta Jain; Defendant: Pushpa Jain
Jurisdiction
England and Wales
Judgment Date
21 May 2019
Procedural Posture
Commercial Banking Claim for Repayment and Enforcement of Guarantees / Application for Summary Judgment and Related Procedural Orders
Outcome
Permission granted to apply for summary judgment; orders for alternative service set aside; summary judgment not granted pending proper service of application notices.
Legal Topics
Summary Judgment, Service of Process, Personal Guarantees, Jurisdiction, Hague Convention
Banking Commercial Law Civil Procedure Summary Judgment Service of Process Personal Guarantees Jurisdiction Hague Convention

Case Brief

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Parties

Punjab National Bank (International) Limited

Claimant

Boris Shipping Limited

Defendant

Jarc Shipping Limited

Defendant

Atul Jain

Defendant

Vaibhav Jain

Defendant

Siddhant Jain

Defendant

Sanjeev Jain

Defendant

Neeta Jain

Defendant

Pushpa Jain

Defendant

Procedural Posture

Commercial Banking Claim for Repayment and Enforcement of Guarantees / Application for Summary Judgment and Related Procedural Orders

Legal Issues

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

Ratio Decidendi

Permission to apply for summary judgment is granted as claim forms were validly served and court has jurisdiction; orders for alternative service are set aside due to lack of exceptional circumstances; summary judgment applications must be served in accordance with the Hague Convention or contractual agent; no summary judgment granted until proper service of application notices.

Court Disposition

Permission granted to apply for summary judgment; orders for alternative service set aside; summary judgment not granted pending proper service of application notices.

Orders

  • Claimant may serve summary judgment applications either pursuant to the Hague Convention or via contractual agent for service within jurisdiction.
  • Counsel to draw up order reflecting decision.