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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

ORDER OF H.E JUSTICE MAHA AL MHEIRI

UPON the First and Third Defendants filing an Acknowledgment of Service contesting jurisdiction on 25 October 2020

UPON the Second, Fourth, Fifth and Seventh Defendants filing an Acknowledgment of Service contesting jurisdiction on 31 January 2021

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

UPON the Court issuing a Consent Order on 06 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).

UPON the Claimant’s application for an order to extend the period under RDC r7.22, r7.24 and r7.25 for service of the clam form on the Sixth Defendant.

UPON considering the Claimant's Application Notice CFl-079-2021/02, dated 3 September 2021 and Witness Statement.

AND PURSUANT to part 7 of the Rules of the DIFC Courts (RDC) r 7.21

IT IS HEREBY ORDERED THAT:

1. The time frame for service of the Part 7 claim form on the Sixth Defendant, in the matter of CFl-079-2020 shall be extended by six months from the date of this Order.

2. The Claimant shall be permitted to serve the Claim on the Sixth Defendant, Mr. BR Shetty by publication, once in an English language newspaper and once in a local language newspaper in India, the current place of residence of the Sixth Defendant, Mr. BR Shetty.

3. The Claimant shall file a Certificate of Service along with copies of the English and local newspapers, via the eRegistry, for the publication carried out in India and service by judicial deputation.

4. The Claimant shall file an affidavit pursuant to RDC r.13.23 and r.13.24 if the Fifth Defendant fails to file an Acknowledgment of Service.

5. Liberty to apply.

6. Cost in the case.

Issued by:
Nour Hineidi
Registrar
Date of Issue: 9 September 2021
At: 10am