Bank of Baroda & Ors v GVK & Ors

Bank of Baroda & Ors v GVK & Ors

The Court determined that the Defendants deliberately absented themselves to delay the trial, and that proceeding in their absence was appropriate and consistent with the overriding objective.

Parties
Claimant: Bank of Baroda and others; Defendant: GVK and others
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Commercial / Trial Decision to Proceed in Absence of Defendants
Outcome
Trial to proceed in absence of Defendants; Claimants invited to prove their case.
Legal Topics
Right of Audience, Adjournment, Trial in Absence, Case Management
Civil Procedure Right of Audience Adjournment Trial in Absence Case Management

Case Brief

Summary, issues, holding and outcome

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Parties

Bank of Baroda and others

Claimant

GVK and others

Defendant

Procedural Posture

Commercial / Trial Decision to Proceed in Absence of Defendants

Legal Issues

  1. 1 Whether the trial should proceed in the absence of the Defendants under CPR 39.3
  2. 2 Whether the Defendants' requests for adjournment and representation were valid

Ratio Decidendi

The Court determined that the Defendants deliberately absented themselves to delay the trial, and that proceeding in their absence was appropriate and consistent with the overriding objective.

Court Disposition

Trial to proceed in absence of Defendants; Claimants invited to prove their case.

Orders

  • Trial to proceed without Defendants.
  • Claimants to tender evidence.