7 Mar 2011
ANTWERP DIAMOND BANK N.V v. PIYUSH BHAGCHAND KALA t/a “BEAUTY DIAM”
- Citation
- ANTWERP DIAMOND BANK N.V v. PIYUSH BHAGCHAND KALA t/a “BEAUTY DIAM”
- Court
- Court of First Instance
- Case number
- HCA2476/2009
The appeal failed because the plaintiff undertook that no recovery has yet been made in India and undertook not to double recover; the Consent Judgment is valid because the defendant as acceptor is severally liable independent of the Mumbai judgment against the drawer; alleged non-disclosures were either untrue or irrelevant; the Charging Order Absolute should stand and will rank in priority behind the DBS mortgage; accordingly the appeal is dismissed and the Masters' orders are upheld.