November 29, 2023 COURT OF FIRST INSTANCE - ORDERS
Claim No: CFI 034/2022
IN THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
ICICI BANK LIMITED
Claimant
and
BAVAGUTHU RAGHURAM SHETTY
Defendant
CASE MANAGEMENT ORDER OF H.E. JUSTICE NASSIR AL NASSER
UPON reviewing the Court file
AND UPON reading the Case Management Bundle
AND UPON reviewing the Rules of the DIFC Courts (“RDC”)
AND UPON hearing Counsel for the Claimant and Counsel for the Defendant at the Case Management Conference held before H.E. Justice Nassir Al Nasser on 6 November 2023
AND UPON the Claimant and the Defendant having agreed to the terms of this Order
IT IS HEREBY ORDERED BY CONSENT THAT:
Agreed List of Issues and Common Ground
1. Adjacent to each paragraph of each witness statement, reply witness statement (if any) and skeleton argument shall be inserted the issue or issues to which that paragraph relates as numbered in the Agreed List of Issues, in order for the Court to understand to which of the agreed issues that paragraph relates.
Introduction
2. This List of Common Ground and Issues is prepared for the purpose of assisting the case management of the proceedings.
3. In accordance with Rule 26.9 of the Rules of the DIFC Courts, this List of Common Ground and Issues identifies in broad terms the common ground between the Claimant and the Defendants and the principal issues between them. It does not purport to set out every matter in issue between the parties and is not a substitute for, and is drafted without prejudice to, the detail of each party's pleaded case. The Parties reserve the right to amend/modify this List of Common Ground and Issues.
4. This List of Common Ground, Issues and Law has been agreed between the parties.
5. In this List of Common Ground and Issues, definitions from the parties' pleadings are adopted as appropriate. References to paragraphs of Particulars of Claim are stated as "POC:x", to the Statement of Defence as "Defence:x", to the Reply as "Reply:x" and to the Defendant's response to the Reply as "Response:x"
Common Ground
6. It is common ground between the parties that:
Parties
7. The Defendant is the founder of the NMC Group and was the CEO of NMC until 2017 (Defence:18 and Reply:4.1.4.1).
8. The Defendant was a Member of the NMC Group's Board of Directors, including as the Joint Non-Executive Chairman of the NMC Group from 2017 onwards (Response:5.4).
9. The Claimant is the DIFC branch of an Indian bank and financial services company which provided credit facilities to NMC and Modular under the terms of the NMC Facility Agreements (POC:5.1) and the Modular Facility Agreement (POC:45.1).
Facility Agreements
10. The Claimant and NMC entered into the NMC Facility Agreements, pursuant to which the Claimant claims a total of USD 104,545,102 plus interest (USD 12,953,800.77 as at 31 March 2022 (POC:66.2, Defence: 57) .
11. The Claimant and Modular entered into the Modular Facility Agreement, pursuant to which the Claimant claims a total of USD 11,850,000 plus interest (USD 1,295,153.50 as at 31 March 2022 (POC:66.4; Defence 57).
12. The Defendant contested jurisdiction in the onshore proceedings in the Dubai Courts that the Claimant commenced in April 2020. The Defendant submitted a defence memorandum at a hearing in those proceedings on 7 March 2021 (Reply:6.1.2 and Response:5.7).
Issues of fact in dispute
13. Whether the signatures of the Defendant on the NMC Personal Guarantees and the Modular Personal Guarantee, and/or any other document on which the Claimant relies, are genuine and authentic signatures of the Defendant or whether the signatures were forged by an individual other than the Defendant (Defence:3.2 and Reply:4.1).
14. Whether Mr Shetty's signature has been digitally copied and pasted intocertain finance documents and/or any other document on which the Claimant relies included in the Claimant's exhibits (Response:5.3).
15. Whether, if the signatures are found not to be the Defendant's authentic signatures, the Defendant authorised another individual to sign on his behalf (Defence:4, Reply:4.2 and Response:8).
16. Who allegedly forged the signatures on the NMC Personal Guarantees and Modular Personal Guarantee (Reply: 4.1.1).
17. When did the Defendant become aware of the Claimant's claim for repayment under the NMC Personal Guarantees and the Modular Personal Guarantee (Defence:22 and Reply:4.1.4.3).
18. Whether the Defendant received the demand letters issued by the Claimant on 11 February 2020, 27 February 2020 and 31 March 2020, either at the email addresses brshetty@nmc.ae and / or chairmanoffice@brsventures.com or at all (Reply:4.1.4.3 and Response:5.6).
19. Whether Mr Shetty was involved in the day-to-day management of the NMC Group and Modular between 2017 and February 2020 (Reply:4.1.4.2 and Response:14).
20. Whether any individual from the Claimant verified the signature of the Defendant on the NMC Personal Guarantees and Modular Personal Guarantee (Defence:7.1.4).
21. Who negotiated the NMC Facility Agreements, the Modular Facility Agreement, NMC Personal Guarantees and the Modular Personal Guarantee on behalf of NMC and Modular (Defence:7.1.2).
22. Who negotiated the NMC Facility Agreements, the Modular Facility Agreement, NMC Personal Guarantees and the Modular Personal Guarantee on behalf of the Claimant (Defence:7).
23. Whether Mr Shetty knows who negotiated the alleged NMC Facility Agreements and Modular Facility Agreements? (Response: 5.5)
24. Whether Mr Shetty knows how and where monies drawn down from the NMC Facility Agreements or Modular Facility Agreement were applied (Defence: 10 and Response: 5.5).Whether any meetings took place in person between any representatives of the Claimant and the Defendant with regards the NMC Personal Guarantees and the Modular Personal Guarantee (Defence:7).
25. Whether Mr Shetty was aware of these proceedings prior to being served with the Particulars of Claim on 19 April 2023 (Response: 5.6).
26. What compliance steps did the Claimant take in respect of the drawdowns made by NMC and Modular (Defence: 10)?
Production of Documents (RDC Part 28)
27. Standard production of documents shall be made by each party by no later than 4pm on 19 January 2024.
28. The parties shall file and serve a Request to Produce1, if any, by no later than 4pm on 9 February 2024.
29. Where there are no objections to a particular Request contained in a Request to Produce, documents responsive to that request shall be produced within fourteen (14) days from the date of the Request to Produce, and in any event by no later than 4pm on 23 February 2024.
30. Objections to Requests to Produce, if any, may be filed and served by no later than 4pm on 23 February 2024.
31. If a party is not satisfied with the objections to any Requests to Produce,2 it may apply to the Court for a Document Production Order immediately using the Part 23 Form (the “Document Production Application”). The usual timelines under RDC 23, for progression of such an application, will apply.
32. Once the Document Production Application is fully progressed, the matter will be put before the Court for determination.
33. The parties shall comply with the terms of any Disclosure Order and file a Document Production Statement within seven (7) days from the date of the Order.
Witness Statements (RDC Part 29)
34. Signed statements of witnesses of fact, and hearsay notices where required by the RDC shall be exchanged four (4) weeks following the close of the disclosure stage, and in any event by no later than 4pm on 8 March 2024.
35. Any Witness Statement evidence in reply shall be filed and served within three (3) weeks thereafter and in any event by no later than 4pm on 29 March 2024.
36. Unless otherwise ordered, Witness Statements shall stand as evidence in chief of the witness at trial.
Expert Reports (RDC Part 31)
37. Expert Reports shall be filed and served by no later than 4pm on 3 April 2024.
38. Supplemental Expert Reports shall be filed and served by no later than 4pm on 24 May 2024.
39. The DIFC Courts shall, at the Pre-Trial Review, consider what directions to give concerning a meeting and discussion between experts.
Pre-Trial Review (RDC Part 26)
40. A pre-trial review shall be listed at 10am GST on 27 May 2024 being within the normal range of 4 to 8 weeks before trial.
Trial Bundles (RDC Part 35)
41. Agreed trial bundles shall be filed and served no later than 2 weeks before trial and in any event by no later than 4pm on 20 June 2024.
Reading List and Trial Timetable (RDC Part 35)
42. An agreed reading list for trial along with an estimate of time required for reading and an estimated timetable for trial shall be filed with the Court by the Claimant no later than two clear days before trial and in any event by no later than 4pm on 25 June 2024.
Skeleton Argument and Chronology (RDC Part 35)
43. Skeleton Arguments and Written Opening Statements shall be filed and served two clear days before the start of trial for the Claimant and in any event by no later than 4pm on 6 June 2024 and one clear day before the start of trial for the Defendant and in any event by no later than 4pm on 25 June 2024.
44. The parties shall prepare an agreed Chronology of significant events cross-referenced to significant documents, pleadings and witness statements which shall be filed with the Court by the Claimant by no later than4pm on 26 June 2024. In the event that there are areas of disagreement, the Chronology shall include an agreed Chronology and a Chronology
Trial (RDC Part 35)
45. The trial of this matter shall be listed at 10am GST on 8 July 2024 with an estimated duration of three (3) days.
46. Costs of the Case Management Conference shall be costs in the case.
47. The parties shall have liberty to apply.
Issued by:
Hayley Norton
Assistant Registrar
Date of issue: 29 November 2023
At: 2pm
