September 21, 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) CREDIT SUISSE AG
(2) AL AHLI BANK OF KUWAIT K.S.C.P.
(3) MASHREQ BANK PSC
(4) ARAB BANKING CORPORATION (B.S.C.)
(5) NATIONAL BANK OF OMAN (S.A.O.G.)
(6) AHLI UNITED BANK B.S.C. (DIFC BRANCH)
(7) NATIONAL BANK OF OMAN (S.A.O.G.), DUBAI BRANCH
(8) STATE BANK OF INDIA
Claimants/Applicants
and
REGERA S.À R.L.
Additional Applicant
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) VEINCURE CLINIC DMCC
(13) EMIRATES HOSPITAL DAY SURGERY & MEDICAL CENTRE L.L.C.
(14) EMIRATES HOSPITALS CLINICS BUSINESS BAY L.L.C.
(15) KLINIKA MAHARLIKA L.L.C.
(16) AL SABAH MEDICAL CENTRE LLC
(17) COSMOPOLITAN MEDICAL CENTRE L.L.C.
(18) EMIRATES STAR MEDICAL CENTRE L.L.C.
Defendants
CONSENT ORDER
UPON the Claimants’ filing an Application No. CFI-060-2020/5 dated 5 September 2021 for removal and substitution of Claimant parties to these proceedings pursuant to RDC 20.8, 20.9 and/or 20.25 and consequential and other amendments to the claimants’ claim form and particulars of claim pursuant to RDC 18.2 (the “Application”)
AND UPON the agreement between the parties pursuant to Rule 18.2(1) of the Rules of the DIFC Courts
IT IS HEREBY ORDERED BY CONSENT THAT:
1. The Application is granted.
2. The Additional Applicant is added as a Claimant in substitution for the First and Sixth Claimants, which are hereby removed as Claimants.
3. The Seventh Claimant is removed as a Claimant.
4. The First, Sixth and Seventh Claimants (the Additional Defendants) are added as additional defendants to the counterclaim made by the First and Fourth to Eighteenth Defendants.
5. The Amended Claim Form and Amended Particulars of Claim are approved in the form provided to the Court with the Application Notice.
6. Within 7 days of the date of this order, the Claimants shall file and serve a copy of the Amended Claim Form and Amended Particulars of Claim on the Defendants’ legal representatives.
7. Within 21 further days thereafter, the First and Fourth to Eighteenth Defendants shall file and serve a copy of an Amended Defence and Counterclaim on the Claimants’ legal representatives and Additional Defendants’ legal representatives.
8. The Claimants shall file and serve any Reply and Defence to Counterclaim and the Additional Defendants shall serve their Defence to Counterclaim, within 21 days of service of the Amended Defence and Counterclaim.
9. Pursuant to RDC 18.27, the Claimants shall pay the Defendants’ reasonable costs of and arising from the amendments, to be assessed if not agreed.
10. Liberty to apply.
Issued by:
Nour Hineidi
Registrar
Date of issue: 21 September 2021
At: 3pm
