December 06, 2021 court of first instance - Orders
Claim No. CFI 060/2020
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
(1) AL AHLI BANK OF KUWAIT K.S.C.P.
(2) MASHREQ BANK PSC
(3) ARAB BANKING CORPORATION (B.S.C.)
(4) NATIONAL BANK OF OMAN (S.A.O.G.)
(5) STATE BANK OF INDIA
(6) REGERA S.A. R.L.
Claimants
and
(1) EMIRATES HOSPITALS GROUP LLC
(2) KHALEEFA BUTTI OMAIR YOUSIF AHMED AL MUHAIRI
(3) H.E. SAEED MOHAMMED BUTTI MOHAMMED KHALFAN AL QEBAISI
(4) EMIRATES HEALTHCARE L.L.C.
(5) EMIRATES HOSPITAL L.L.C.
(6) EMIRATES SPECIALITY HOSPITAL FZ-LLC
(7) EMIRATES HOSPITALS & CLINICS L.L.C.
(8) EMIRATES HOSPITALS REHABILITATION AND HOMECARE SERVICES L.L.C.
(9) EXCEL HEALTHCARE L.L.C.
(10) EMIRATES PHARMACY L.L.C.
(11) COSMESURGE AND EMIRATES HOSPITAL PHARMACY L.L.C.
(12) VEINCUE CLINIC DMCC
(13) EMIRATES HOSPITAL DAY SURGERY & MEDICAL CENTRE L.L.C.
(14) EMIRATES HOSPITALS CLINICS BUSINESS BAY L.L.C
(15) KLINKA MAHARLIKA L.L.C.
(16) AL SABAH MEDICAL CENTRE L.L.C.
(17) COSMOPOLITAN MEDICAL CENTRE L.L.C.
(18) EMIRATES STAR MEDICAL CENTRE L.L.C.
Defendants
and
(1) CREDIT SUISSE AG
(2) AHLI UNITED BANK B.S.C. (DIFC BRANCH)
(3) NATIONAL BANK OF OMAN (S.A.O.G.), DUBAI BRANCH
Additional Defendants to the Counterclaim of the First and Fourth to Eighteenth Defendants
IMMEDIATE JUDGMENT ORDER OF JUSTICE WAYNE MARTIN
UPON the Claimant’s application by notice CFI-060-2020/7 dated 30 September 2021 for immediate judgment under Part 24 of RDC 2014 (the “Application”)
AND UPON reading the evidence filed
AND UPON hearing Counsel for the Claimant on 30 November 2021
AND UPON the reasons that will be published soon
IT IS HEREBY ORDERED THAT:
1. The Claimants’ application for immediate judgment dismissing the Second and Third Defendants’ application by notice CFI-060-2020/3 dated 28 September 2020 challenging the Court’s jurisdiction (the “Jurisdiction Challenge”) is granted and the Jurisdiction Challenge is dismissed.
2. The Claimants’ application for immediate judgment on the Claimants’ claims against the First, Second and Fourth to Eighteenth Defendants is granted.
3. Judgment be entered against the First, Second and Fourth to Eighteenth Defendants in the sum of USD 329,213,755.911 .
4. Judgment be entered dismissing the counterclaims filed by the First, and Fourth to Eighteenth Defendants dated 28 September 2020.
5. The Third Defendant shall file his defence no later than 4pm on 21 December 2021.
6. The First, Second and Fourth to Eighteenth Defendants shall pay the Claimants costs of the claim fixed in the amount of USD 633,285.59, save that any of those defendants shall have liberty to apply no later than 4pm on 28 December 2021 for those costs to be assessed by the Court rather than fixed.
Issued by:
Nour Hineidi
Registrar
Date of issue: 6 December 2021
Time: 8am
