State Bank Of India & Ors v Mallya & Ors [2018] EWHC 1084 (Comm) (08 May 2018)

State Bank Of India & Ors v Mallya & Ors [2018] EWHC 1084 (Comm) (08 May 2018)

The DRT Judgment is capable of registration and enforcement in England under the 1933 Act and the 1958 Order in Council because it is a final judgment of a tribunal with unlimited pecuniary jurisdiction, enforceable by execution in India via the Recovery Certificate process, and the requirements for sealing and certification are satisfied by the DRT's judgment, the Presiding Officer's letter, and the affixed seal. Pending appeals or proceedings in India do not preclude registration or enforcement in England.

Citation
[2018] EWHC 1084 (Comm)
Parties
Claimant/respondent: State Bank of India; Claimant/respondent: Bank of Baroda; Claimant/respondent: Corporation Bank; Claimant/respondent: The Federal Bank Limited; Claimant/respondent: IDBI Bank Limited; Claimant/respondent: Indian Overseas Bank; Claimant/respondent: Jammu & Kashmir Bank Limited; Claimant/respondent: Punjab & Sind Bank; Claimant/respondent: Punjab National Bank; Claimant/respondent: State Bank of Mysore; Claimant/respondent: UCO Bank; Claimant/respondent: United Bank of India; Claimant/respondent: JM Financial Asset Reconstruction Co. Pvt. Ltd; First Defendant/applicant: Dr Vijay Mallya; Defendant: Ladywalk LLP; Defendant: Rose Capital Ventures Limited; Defendant: Orange India Holdings S.A.R.L.
Jurisdiction
England and Wales
Judgment Date
08 May 2018
Procedural Posture
Commercial Court Enforcement of Foreign Judgment and Freezing Order / Application to Set Aside Registration of Foreign Judgment and to Discharge Worldwide Freezing Order
Outcome
Application to set aside registration of DRT Judgment and to discharge worldwide freezing order dismissed.
Legal Topics
Enforcement of Foreign Judgments, Worldwide Freezing Orders, Reciprocal Enforcement, Jurisdiction of Foreign Tribunals, Debt Recovery
Civil Procedure Banking Law International Enforcement Enforcement of Foreign Judgments Worldwide Freezing Orders Reciprocal Enforcement Jurisdiction of Foreign Tribunals Debt Recovery

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Parties

State Bank of India

Claimant/respondent

Bank of Baroda

Claimant/respondent

Corporation Bank

Claimant/respondent

The Federal Bank Limited

Claimant/respondent

IDBI Bank Limited

Claimant/respondent

Indian Overseas Bank

Claimant/respondent

Jammu & Kashmir Bank Limited

Claimant/respondent

Punjab & Sind Bank

Claimant/respondent

Punjab National Bank

Claimant/respondent

State Bank of Mysore

Claimant/respondent

UCO Bank

Claimant/respondent

United Bank of India

Claimant/respondent

JM Financial Asset Reconstruction Co. Pvt. Ltd

Claimant/respondent

Dr Vijay Mallya

First Defendant/applicant

Ladywalk LLP

Defendant

Rose Capital Ventures Limited

Defendant

Orange India Holdings S.A.R.L.

Defendant

Procedural Posture

Commercial Court Enforcement of Foreign Judgment and Freezing Order / Application to Set Aside Registration of Foreign Judgment and to Discharge Worldwide Freezing Order

Legal Issues

  1. 1 Whether the DRT Judgment can be registered and enforced in England under the Foreign Judgments (Reciprocal Enforcement) Act 1933 and the 1958 Order in Council
  2. 2 Whether the DRT is a 'Superior Court' for the purposes of the 1933 Act
  3. 3 Whether the DRT Judgment is enforceable by execution in India

Ratio Decidendi

The DRT Judgment is capable of registration and enforcement in England under the 1933 Act and the 1958 Order in Council because it is a final judgment of a tribunal with unlimited pecuniary jurisdiction, enforceable by execution in India via the Recovery Certificate process, and the requirements for sealing and certification are satisfied by the DRT's judgment, the Presiding Officer's letter, and the affixed seal. Pending appeals or proceedings in India do not preclude registration or enforcement in England.

Court Disposition

Application to set aside registration of DRT Judgment and to discharge worldwide freezing order dismissed.

Orders

  • Registration Order under the 1933 Act upheld; DRT Judgment remains registered and enforceable in England.
  • Worldwide freezing order against Dr Mallya and associated defendants continued.