October 17, 2022 COURT OF FIRST INSTANCE - ORDERS
Claim No. CFI 043/2020
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
BANK OF BARODA (DIFC BRANCH)
Claimant
and
(1) NEOPHARMA LLC
(2) NMC HEALTHCARE LLC
(3) NEW MEDICAL CENTRE LLC
(4) BAVAGUTHU RAGHURAM SHETTY
Defendants
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 Defendants at the Case Management Conference held before H.E. Justice Nassir Al Nasser on 27 September 2022.
IT IS HEREBY ORDERED BY CONSENT THAT:
Production of Documents (RDC Part 28)
1. Standard production of documents shall be made by each party by 4pm on Monday, 16 January 2023.
2. The parties shall file and serve a Request to Produce, if any, by 4pm on Thursday, 16 February 2023.
3. Where there are no objections to a particular Request contained in a Request to Produce, documents responsive to that request shall be produced within 7 days from the date of the Request to Produce, and in any event by 4pm on Monday, 27 February 2023.
4. Objections to Requests to Produce, if any, may be filed and served by 4pm on Monday, 27 February 2023.
5. If a party is not satisfied with the objections to any Requests to Produce, it may apply to the Court for a Document Production Order immediately using the Part 23 Form (the “Document Production Application”) no later than 4 pm on Monday, 13 March 2023. The usual timelines under RDC 23, for progression of such an application, will apply.
6. Once the Document Production Application is fully progressed, the matter will be put before the Court for determination.
7. The parties shall comply with the terms of any Disclosure Order and file a Document Production Statement within 7 days from the date of the Order.
Witness Statements (RDC Part 29)
8. Signed statements of witnesses of fact, and hearsay notices where required by the RDC shall be exchanged 4 weeks following the close of the disclosure stage, and in any event by 4pm on Friday, 7 April 2023.
9. Any Witness Statement evidence in reply shall be filed and served in within 21 days thereafter, and in any event by 4pm on Monday, 08 May 2023.
10. Unless otherwise ordered, Witness Statements shall stand as evidence chief of the witness at trial.
Expert Reports (RDC Part 31)
11. Any application to rely on expert evidence should be made as soon as practicable following document production.
12. The parties shall provide to each other and to the Registry the names, field(s) of expertise and qualifications of their respective expert(s) no later than 4pm on Wednesday, 10 May 2023.
13. Expert Reports, if any, shall be filed and served by 4pm on Friday, 9 June 2023.
14. Supplemental Expert Reports, if any, shall be filed and served by 4pm on Monday, 26 June 2023.
Trial Timetable and Chronology (RDC Part 35)
15. For the Trial Bundle preparation, the parties shall agree to the Chronology of significant events and an estimated Trial Timetable by no later than 4 pm on Tuesday, 11 July 2023.
16. In the event that there are areas of disagreement, the Chronology shall include an agreed Chronology and a Chronology of events which are disputed, with the parties’ respective positions outlined therein.
Progress Monitoring Date (RDC Part 26)
17. The parties shall file and serve a Progress Monitoring Information Sheet before Pre-Trial Review and in any event by 4pm on Friday, 7 July 2023.
Trial Bundles (RDC Part 35)
18. For the Trial Bundle preparation, the parties shall provide the Claimant exhibits cross-reference to significant documents, pleadings and witness statements by no later than 4 pm on Friday, 7 July 2023.
19. Agreed trial bundles with agreed Chronology of significant events cross-referenced to significant documents, pleadings and witness statements shall be filed and submitted to the Court and served on the parties by no later than than 6 weeks before trial i.e. by 4 pm on Friday, 14 July 2023.
Pre-Trial Review (RDC Part 26)
20. A pre-trial review shall be listed at 11 am on Wednesday, 26 July 2023, being within the normal range of 4 to 8 weeks before trial.
Reading List and Skeleton (RDC Part 35)
21. An agreed reading list for trial with an estimate of time required for reading along with list of authorities relied upon, and the Skeleton Arguments and Written Opening Statements duly referencing the list of authorities shall be filed and exchanged simultaneously by 4pm on Thursday, 10 August 2023.
Trial (RDC Part 35)
22. The trial of this matter shall commence at 12 noon on Monday, 11 September 2023 with an estimated trial length of two (3) to four (4) days, to be fixed at the Pre-Trial Review.
List of Issues (RDC part 26.9 (3)
23. The parties will endeavor to agree a list of issues at the upcoming trial.
Costs
24. Costs of the Case Management Order are costs in the case.
25. The parties shall have liberty to apply.
Issued by:
Delvin Sumo
Assistant Registrar
Date of issue: 17 October 2022
At: 11:30am