ITC Global Holdings v ITC Limited: Setting Aside Service of Writ for Non-Compliance with Indian Law
In ITC Global Holdings Pte Ltd (under judicial management) v ITC Limited and Others, the Singapore High Court heard applications by the first and thirteenth defendants to set aside the plaintiff's service of the writ of summons on them, arguing non-compliance with Indian law. Assistant Registrar Brenda Chua set aside the service of the writs, finding that the plaintiff failed to properly serve the defendants according to the requirements of Indian law, specifically concerning the service of foreign summonses. The court held that the plaintiff did not meet the required standards for service under Indian law, rendering the service improper.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Service of both writs of summons on the first and thirteenth defendants set aside.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Singapore court sets aside service of writ on ITC Limited and another defendant due to non-compliance with Indian law for foreign summonses.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| ITC Global Holdings Pte Ltd (under judicial management) | Plaintiff | Corporation | Service of Writ Set Aside | Lost | |
| ITC Limited | Defendant | Corporation | Application to Set Aside Service Granted | Won | |
| Yogesh Chander Deveshwar | Defendant | Individual | Neutral | Neutral | |
| K Vaidyanath | Defendant | Individual | Neutral | Neutral | |
| N Lakshminarayanan | Defendant | Individual | Neutral | Neutral | |
| Revati Prasad Aggarwal | Defendant | Individual | Neutral | Neutral | |
| Gopala Krishna Parvatha Reddi | Defendant | Individual | Neutral | Neutral | |
| Rariyankandath Krishnan Kutty | Defendant | Individual | Neutral | Neutral | |
| Narayanaswami Sitaraman | Defendant | Individual | Neutral | Neutral | |
| Krishnan Lal Chugh | Defendant | Individual | Neutral | Neutral | |
| Biswadev Mitter | Defendant | Individual | Neutral | Neutral | |
| Feroze Rustom Vevaina | Defendant | Individual | Neutral | Neutral | |
| Ashutosh Garg | Defendant | Individual | Neutral | Neutral | |
| Sriram Khattar | Defendant | Individual | Neutral | Neutral | |
| Suresh Chitalia | Defendant | Individual | Neutral | Neutral | |
| Devang Chitalia | Defendant | Individual | Application to Set Aside Service Granted | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Brenda Chua | Assistant Registrar | Yes |
4. Counsels
4. Facts
- Plaintiff is a company incorporated in Singapore.
- First defendant is the sole shareholder of the plaintiff and is a company incorporated in India.
- Thirteenth defendant was an employee of the plaintiff.
- Plaintiff claims US$9.1m for alleged advances to Chitalia Group.
- Plaintiff claims US$9m for Columbo rice transactions.
- First defendant allegedly served with a writ at its registered office in Kolkata.
- Thirteenth defendant allegedly served with a writ at his house in New Delhi.
5. Formal Citations
- ITC Global Holdings Pte Ltd (under judicial management) v ITC Limited and Others, Suit 1344/2002, SUM 5593/2006, 1775/2007, [2007] SGHC 127
6. Timeline
| Date | Event |
|---|---|
| First defendant allegedly served with a writ. | |
| First defendant filed an affidavit. | |
| Thirteenth defendant allegedly served with a writ. | |
| Letter signed by Vinod Yadav regarding writ service. | |
| Thirteenth defendant filed an affidavit. | |
| Bharucha filed an affidavit. | |
| Ciccu Mukhopadhaya filed an affidavit. | |
| Patel filed an affidavit. | |
| Judgment reserved. |
7. Legal Issues
- Validity of Service of Process
- Outcome: The court held that the service of the writ on the first and thirteenth defendants was improper due to non-compliance with Indian law and could not be cured.
- Category: Procedural
- Sub-Issues:
- Compliance with foreign law
- Interpretation of foreign statute
- Curing irregular service
- Related Cases:
- (1886) 32 Ch D 123
- AIR 1966 Calcutta 438
- (1999) (II) Orissa Law Reports 326
- [1987] SLR 304
- [1990] 2 Lloyd’s Rep 215
- [2000] 2 SLR717
- [2006] 1 SLR 658
- [1988] SLR 111
- [1984] 2 All ER 207
- [2000] 3 MLJ 364
- [1985] 2 MLJ 429
- [2004] 2 SLR 436
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Breach of Contract
- Fraud
10. Practice Areas
- Litigation
- International Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Re Busfield, Whaley v Busfield | N/A | Yes | (1886) 32 Ch D 123 | N/A | Cited for the principle that service out of jurisdiction is an interference with the ordinary course of law and requires statutory authority. |
| Soumitri Taria v The Branch Manager, State Bank of India and Others | N/A | Yes | (1999) (II) Orissa Law Reports 326 | N/A | Cited to support the mandatory nature of Order 5, Rule 10 of the Indian CPC regarding the mode of service of summons. |
| B K Gooyee v Commissioner of Income Tax | Calcutta High Court | Yes | AIR 1966 Calcutta 438 | India | Cited to emphasize the importance of the judge's signature on a summons for it to be considered genuine. |
| Ong & Co Pte Ltd v YL Chow Carl | N/A | Yes | [1987] SLR 304 | Singapore | Cited to support the principle that the judicial power of one state cannot be exercised in another independent state without consent. |
| Golden Ocean Assurance Ltd and Christopher Julian Martin (the “Goldean Mariner”) | English Court of Appeal | Yes | [1990] 2 Lloyd’s Rep 215 | England | Cited by the plaintiff to argue that procedural defects should not nullify proceedings if no prejudice is suffered, but distinguished by the court. |
| Fortune Hong Kong Trading v Cosco Feoso(s) Pte Ltd | N/A | Yes | [2000] 2 SLR717 | Singapore | Cited to emphasize the strict approach taken by Singapore courts in adhering to Order 11 of the Rules of Court regarding service of process out of jurisdiction. |
| Pacific Assets Management Ltd and Others v Chen Lip Keong | N/A | Yes | [2006] 1 SLR 658 | Singapore | Cited by the plaintiff to argue that a writ is a mere notification tool, but distinguished by the court as not displacing the stringent requirements of Order 11 r 4(2)(c). |
| Official Receiver, Liquidator of Jason Textile Industries Pte Ltd v QBE Insurance (International) Ltd | Singapore Court of Appeal | Yes | [1988] SLR 111 | Singapore | Cited to discuss the limits of the court's discretion in curing irregularities and to support the principle that a plaintiff should not be allowed to circumvent procedural requirements through the 'back door' of Order 2 r 1. |
| Leal v Dunlop Bio-processes Ltd | N/A | Yes | [1984] 2 All ER 207 | N/A | Cited to support the principle that Order 2 r 1 should not be invoked to allow a plaintiff to continue statute-barred proceedings by circumventing procedural requirements. |
| Lee Tain Tshung v Hong Leong Finance Bhd | N/A | Yes | [2000] 3 MLJ 364 | Malaysia | Cited to support the principle that not all irregularities can be cured under Order 2 r 1(2) and that there is no power to remedy irregularities of a more fundamental kind. |
| Lam Kong Co Ltd v Thong Guan & Co (Pte) Ltd | N/A | Yes | [1985] 2 MLJ 429 | N/A | Cited to support the principle that a fundamental defect in procedure is not curable and that the effect of a breach and non-compliance was to defeat the right of the other party to the action. |
| Burswood Nominees Ltd (formerly Burswood Nominees Pty Ltd) v Liao Eng Kiat | N/A | Yes | [2004] 2 SLR 436 | Singapore | Cited to emphasize the importance of the doctrine of comity of nations. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Code of Civil Procedure, 1908 (Act V of 1908) s 29 | India |
| Rules of Court (Cap 322, R 5, 2006 Rev Ed) O 11 r 4(2) | Singapore |
| Rules of Court (Cap 322, R 5, 2006 Rev Ed) O 2 r 1(1) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Service out of jurisdiction
- Foreign summons
- Indian CPC
- Order V r 10
- Order V r 22
- International comity
- Irregular service
- Fundamental defect
- Judicial power
- Sovereignty
15.2 Keywords
- Service of process
- Foreign jurisdiction
- Indian law
- Singapore court
- Writ of summons
17. Areas of Law
16. Subjects
- Civil Procedure
- Conflict of Laws
- International Law