Punjab National Bank (International) Ltd v Nanda [2023] EWHC 3201 (Ch) (15 December 2023)

Punjab National Bank (International) Ltd v Nanda [2023] EWHC 3201 (Ch) (15 December 2023)

Dr Nanda remains non-compliant with the DQO in numerous respects, despite late and partial disclosure; certification of non-compliance is appropriate and mandatory referral to a High Court Judge is required under CPR 71.8(1)(c).

Citation
[2023] EWHC 3201 (Ch)
Parties
Claimant: Punjab National Bank (International) Limited; Defendant: Dr Rahul Nanda
Jurisdiction
England and Wales
Judgment Date
15 December 2023
Procedural Posture
Debtor Questioning Order (dqo) Compliance Certification Under CPR 71.8 / Certification of Non Compliance and Referral to High Court Judge
Outcome
Certification of non-compliance and referral to High Court Judge under CPR 71.8(1)(c)
Legal Topics
Debtor Questioning Orders, Contempt of Court, Disclosure Obligations, Enforcement Procedures
Civil Procedure Enforcement of Judgments Bankruptcy Debtor Questioning Orders Contempt of Court Disclosure Obligations Enforcement Procedures

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Parties

Punjab National Bank (International) Limited

Claimant

Dr Rahul Nanda

Defendant

Procedural Posture

Debtor Questioning Order (dqo) Compliance Certification Under CPR 71.8 / Certification of Non Compliance and Referral to High Court Judge

Legal Issues

  1. 1 Has Dr Nanda complied with his obligations to provide information and documents under the DQO pursuant to CPR 71.2?
  2. 2 Should non-compliance be certified and referred to a High Court Judge under CPR 71.8(1)(c)?

Ratio Decidendi

Dr Nanda remains non-compliant with the DQO in numerous respects, despite late and partial disclosure; certification of non-compliance is appropriate and mandatory referral to a High Court Judge is required under CPR 71.8(1)(c).

Court Disposition

Certification of non-compliance and referral to High Court Judge under CPR 71.8(1)(c)

Orders

  • Dr Nanda's non-compliance with the DQO is certified in writing in respect of twenty-three categories.
  • Matter referred to a High Court Judge for consideration of contempt and further directions.