Punjab National Bank (International) Ltd v Srinivasan & Ors

Punjab National Bank (International) Ltd v Srinivasan & Ors

Material non-disclosure of foreign proceedings by PNB was a serious breach of duty; the orders granting permission to serve out of jurisdiction and by email were properly set aside and not reinstated. The Chief Master was correct to discharge the orders and refuse to renew them, leaving PNB to bring fresh proceedings if it chooses.

Parties
Claimant/appellant: Punjab National Bank (International) Ltd; Defendant/respondent: Ravi Srinivasan; Defendant/respondent: Trishe Resources Inc (USA); Defendant/respondent: Narasimhan Ramkhumar; Defendant/respondent: Vathsala Ranganathan; Defendant/respondent: Pesco Beam Environmental Solutions Inc (USA); Defendant/respondent: Pesco Beam Environmental Solutions Private Limited; Defendant/respondent: Anantharaman Shankar; Defendant/respondent: Luke Staengl; Defendant/respondent: Anantharaman Subramanian
Jurisdiction
England and Wales
Judgment Date
17 December 2019
Procedural Posture
Civil Appeal / Judgment on Appeal Against Order Setting Aside Service Out of Jurisdiction
Outcome
appeal dismissed
Legal Topics
Service Out of Jurisdiction, Material Non Disclosure, Forum Conveniens, Jurisdiction Clauses, Fraudulent Misrepresentation, Breach of Contract, Relief From Sanctions
Civil Procedure Commercial Law Banking Law Service Out of Jurisdiction Material Non Disclosure Forum Conveniens Jurisdiction Clauses Fraudulent Misrepresentation +2 more

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Parties

Punjab National Bank (International) Ltd

Claimant/appellant

Ravi Srinivasan

Defendant/respondent

Trishe Resources Inc (USA)

Defendant/respondent

Narasimhan Ramkhumar

Defendant/respondent

Vathsala Ranganathan

Defendant/respondent

Pesco Beam Environmental Solutions Inc (USA)

Defendant/respondent

Pesco Beam Environmental Solutions Private Limited

Defendant/respondent

Anantharaman Shankar

Defendant/respondent

Luke Staengl

Defendant/respondent

Anantharaman Subramanian

Defendant/respondent

Procedural Posture

Civil Appeal / Judgment on Appeal Against Order Setting Aside Service Out of Jurisdiction

Legal Issues

  1. 1 Whether permission to serve proceedings out of jurisdiction should be reinstated after material non-disclosure
  2. 2 Whether there was a serious issue to be tried in fraud
  3. 3 Whether England was the most appropriate forum for the claims

Ratio Decidendi

Material non-disclosure of foreign proceedings by PNB was a serious breach of duty; the orders granting permission to serve out of jurisdiction and by email were properly set aside and not reinstated. The Chief Master was correct to discharge the orders and refuse to renew them, leaving PNB to bring fresh proceedings if it chooses.

Court Disposition

appeal dismissed

Orders

  • Permission to appeal granted on specified grounds
  • Orders of 13 September 2017 and 9 February 2018 set aside