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

The defendants' applications to re-amend their defence and adduce Indian law expert evidence are granted because the amendments have a real prospect of success, evidence shows some obligations were performed in India, and Indian law provisions may render performance unlawful under Article 9(3) Rome I. Adjournment is also granted due to the illness of the defendants' expert and inability to fairly address quantum issues at trial.

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 / Pre Trial Applications Ruling
Outcome
applications granted; trial adjourned
Legal Topics
Facility Agreements, Force Majeure, Covid 19 Moratorium, Mandatory Provisions, Adjournment, Expert Evidence
Contract Banking Conflict of Laws Facility Agreements Force Majeure Covid 19 Moratorium Mandatory Provisions Adjournment +1 more

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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 / Pre Trial Applications Ruling

Legal Issues

  1. 1 Whether Indian law Covid-19 moratorium and force majeure provisions affect performance and enforcement of facility agreements governed by English law
  2. 2 Whether Article 9(3) of Rome I applies to permit overriding mandatory Indian law provisions
  3. 3 Whether late amendments and expert evidence on Indian law should be permitted

Ratio Decidendi

The defendants' applications to re-amend their defence and adduce Indian law expert evidence are granted because the amendments have a real prospect of success, evidence shows some obligations were performed in India, and Indian law provisions may render performance unlawful under Article 9(3) Rome I. Adjournment is also granted due to the illness of the defendants' expert and inability to fairly address quantum issues at trial.

Court Disposition

applications granted; trial adjourned

Orders

  • Permission to re-amend defence granted
  • Permission to adduce Indian law expert evidence granted