Punjab National Bank (International) Ltd v Boris Shipping Ltd & Ors

Punjab National Bank (International) Ltd v Boris Shipping Ltd & Ors

Claim forms were validly served under the Hague Convention; permission to apply for summary judgment is granted; orders for alternative service are set aside due to lack of exceptional circumstances; application notices must be served in accordance with Hague Convention or contractual agent.

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 Claim / Ruling on Applications for Summary Judgment and Service
Outcome
Permission granted to apply for summary judgment; orders for alternative service set aside; application notices must be properly served.
Legal Topics
Summary Judgment, Service of Process, Guarantees, Jurisdiction, Hague Convention
Banking Law Contract Law Civil Procedure Summary Judgment Service of Process 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 Claim / Ruling on Applications for Summary Judgment and Service

Legal Issues

  1. 1 Whether 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 orders for alternative service should be set aside

Ratio Decidendi

Claim forms were validly served under the Hague Convention; permission to apply for summary judgment is granted; orders for alternative service are set aside due to lack of exceptional circumstances; application notices must be served in accordance with Hague Convention or contractual agent.

Court Disposition

Permission granted to apply for summary judgment; orders for alternative service set aside; application notices must be properly served.

Orders

  • Claimant may apply for summary judgment against defendants after proper service of application notices.
  • Orders for service by alternative means are set aside.