BANK OF BARODA (acting by its Ras Al Khaimah branch) & Ors v GVK COAL DEVELOPERS (SINGAPORE) PTE LTD & Ors

BANK OF BARODA (acting by its Ras Al Khaimah branch) & Ors v GVK COAL DEVELOPERS (SINGAPORE) PTE LTD & Ors

Costs of the adjournment application are costs in the case due to success on contested application; wasted costs are to be paid by defendants to claimants on a standard basis due to late application for re-amendment and expert unavailability.

Parties
Claimant: Bank of Baroda (acting by its Ras Al Khaimah branch); Claimant: Bank of India (acting by its London branch); Claimant: Canara Bank (acting by its London branch); Claimant: ICICI Bank Limited (acting by its Bahrain, Dubai, and OBU branches); Claimant: Indian Overseas Bank (acting by its Large Corporate branch, India); Claimant: Axis Bank Limited; Defendant: GVK Coal Developers (Singapore) Pte Ltd; Defendant: Black Gold Ventures Pte Ltd; Defendant: Cool Water Ventures Pte Ltd; Defendant: Harmony Waters Pte Ltd; Defendant: GVK Natural Resources Private Limited; Defendant: GVK Power and Infrastructure Limited; Defendant: GVK Resources (Singapore) Pte Ltd; Defendant: GVK Coal Resources (Singapore) Pte Ltd; Defendant: GVK Coal Infrastructure (Singapore) Pte Ltd; Defendant: GVK Coal Exploration & Production Pte Ltd
Jurisdiction
England and Wales
Judgment Date
13 June 2022
Procedural Posture
Commercial / Ruling on Costs and Adjournment Application
Outcome
Costs in the case for adjournment application; wasted costs to be paid by defendants to claimants on a standard basis.
Legal Topics
Costs, Adjournment, Wasted Costs
Civil Procedure Costs Adjournment Wasted Costs

Case Brief

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Parties

Bank of Baroda (acting by its Ras Al Khaimah branch)

Claimant

Bank of India (acting by its London branch)

Claimant

Canara Bank (acting by its London branch)

Claimant

ICICI Bank Limited (acting by its Bahrain, Dubai, and OBU branches)

Claimant

Indian Overseas Bank (acting by its Large Corporate branch, India)

Claimant

Axis Bank Limited

Claimant

GVK Coal Developers (Singapore) Pte Ltd

Defendant

Black Gold Ventures Pte Ltd

Defendant

Cool Water Ventures Pte Ltd

Defendant

Harmony Waters Pte Ltd

Defendant

GVK Natural Resources Private Limited

Defendant

GVK Power and Infrastructure Limited

Defendant

GVK Resources (Singapore) Pte Ltd

Defendant

GVK Coal Resources (Singapore) Pte Ltd

Defendant

GVK Coal Infrastructure (Singapore) Pte Ltd

Defendant

GVK Coal Exploration & Production Pte Ltd

Defendant

Procedural Posture

Commercial / Ruling on Costs and Adjournment Application

Legal Issues

  1. 1 Who should bear the costs of the adjournment application?
  2. 2 Should wasted costs be awarded and on what basis?

Ratio Decidendi

Costs of the adjournment application are costs in the case due to success on contested application; wasted costs are to be paid by defendants to claimants on a standard basis due to late application for re-amendment and expert unavailability.

Court Disposition

Costs in the case for adjournment application; wasted costs to be paid by defendants to claimants on a standard basis.

Orders

  • Costs of the application are costs in the case.
  • Wasted costs paid by defendants to claimants on a standard basis.