June 15, 2022 COURT OF FIRST INSTANCE - ORDERS
Claim No. CFI 079/2020
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
PUNJAB NATIONAL BANK, DIFC BRANCH
Claimant
and
(1) NMC HEALTHCARE LLC
(2) NEW MEDICAL CENTRE TRADING LLC
(3) NMC SPECIALITY HOSPITAL LLC, DUBAI
(4) NMC SPECIALITY HOSPITAL LLC, ABU DHABI
(5) NEW MEDICAL CENTRE SPECIALITY HOSPITAL LLC, AL AIN
(6) MR. B.R. SHETTY
(7) NMC HEALTH PLC (IN ADMINISTRATION)
Defendants
CONSENT ORDER
AND UPON the First and Third Defendants filing an Acknowledgment of Service contesting jurisdiction on 25 October 2020
AND UPON the Second, Fourth, Fifth and Seventh Defendants filing an Acknowledgment of Service contesting jurisdiction on 31 January 2021
AND UPON the action against the Seventh Defendant being automatically stayed as a result of the Court’s Order directing recognition of the English Administration in the DIFC Court on 10 November 2020
AND UPON the Court issuing a Consent Order on 6 December 2020 and 11 February 2021 ordering a stay of these proceedings as against the First, Second, Third, Fourth, Fifth and Seventh Defendants until the administration proceedings in the ADGM are brought to an end as against the First, Second, Third, Fourth, Fifth and Seventh Defendants in accordance with the provisions of the ADGM Insolvency Regulations (2015) (as in force from time to time)
AND UPON the Parties agreeing to extend the deadline for Claimant to serve the Particulars of claim as a separate document instead of the present particulars of claim in the Claim form under a Consent Order granted on 6 June 2022
AND UPON the request of the Claimant, the parties agreeing to consent under Rule 18.2(1) of the Rules of the DIFC Courts (the “RDC”) the amendment of the Claim form in CFI 079-2020 to include penal interest per day
AND UPON the request of the Claimant, the parties agreeing to extend the deadline for Claimant to serve the Particulars of Claim as a separate document instead of the present particulars of claim in the Claim form within 5 days upon receipt of the amended Claim form from the Court
IT IS HEREBY ORDERED BY CONSENT THAT:
1. The Claimant shall file its Particulars of Claim by 4pm UAE time within 5 days of receipt of the amended Claim form in CFI 079-2020 from the Court.
2. The Sixth Defendant shall file its Defence within 28 days after service of the Particulars of Claim.
3. There shall be no order as to costs.
Issued by:
Ayesha Bin Kalban
Deputy Registrar
Date of Issue:15 June 2022
At: 9am