11 Dec 1989
BANK OF INDIA v. BHAGWANDAS KEWALERAM MURJANI AND OTHERS
- Citation
- BANK OF INDIA v. BHAGWANDAS KEWALERAM MURJANI AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV84/1989
The Court held the defendants failed to discharge the threshold onus under Order 14 r 3 because the asserted moratorium agreement was not credible in light of contemporaneous documents and the parties' conduct (payment of US$3.8m expressly linked to release of mortgaged properties and repeated requests for cash flows/repayment plans). Summary judgments were properly entered. The judgment against Lawful (Holdings) Ltd must be qualified to reflect its contractual limitation of liability as trustee to trust assets and accompanied by appropriate accounts/enquiries.