June 08, 2023 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
ORDER OF JUSTICE SIR PETER GROSS
UPON the First Defendant’s Application No. CFI-043-2020/12 (“D1’s Application”) and the Fourth Defendant’s Application No. CFI-043-2020/11 (“D4’s Application”) dated 27 March 2023 for document production orders (together the “Document Production Applications”)
AND UPON the Order of Justice Sir Peter Gross dated 2 June 2023 (the “Order”)
AND UPON the Registry’s correspondence with the Claimant (the “Claimant”) and Fourth Defendant (the “Fourth Defendant”) dated 5 June 2023, 6 June 2023 and 7 June 2023
AND UPON the Ruling of Sir Peter Gross dated 8 June 2023 (the “Further Ruling”)
AND UPON reviewing the case file
IT IS HEREBY ORDERED THAT:
1. Save as varied below, the Order remains in full force and effect.
2. No Undertaking is required from the Fourth Defendant, for the reason set out in the Further Ruling.
3. The Fourth Defendant’s representatives, as identified in the Order and the Further Ruling, be permitted to inspect the original documents (as directed by the Order) at the premises of the Claimant i.e., Bank of Baroda (DIFC Branch), 403, Gate Building, West Wing, P.O. Box 506748, DIFC, Dubai, U.A.E.
4. Such inspection is conditional on the Fourth Defendant’s legal representative and the expert instructed by him, having signed and delivered the personal undertakings required by the Court, pursuant to the Order and subsequent communications from the Court.
5. The inspection is to take place following the signing of the personal undertakings, on a date on or after 12 June 2023 to be agreed between the Claimant and the representatives of the Fourth Defendant, or (in the absence of agreement) to be fixed by the Registry.
6. The Registry will list a Case Management Conference on one of 3 July, 10 July, 12 July or 17 July 2023 (as directed in the Further Ruling).
7. Costs shall be costs in the case.
8. The parties shall have liberty to apply.
Issued by:
Delvin Sumo
Assistant Registrar
Date of issue 8 June 2023
At: 11am