December 06, 2020 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
UPON the Claimant filing a Claim Form and a Particulars of Claim on 28 September 2020
UPON the Claim Form being served in accordance with the Rules of The DIFC Court on the First and Third Defendants only
UPON the First and Third Defendants filing an Acknowledgment of Service contesting jurisdiction on 25 October 2020
UPON the First and Third Defendants being continued into the Abu Dhabi General Market (“ADGM”) as NMC Healthcare LTD and NMC Specialty Hospital LTD respectively, and an administration order being issued by the ADGM Courts on 27 September 2020 in relation to the First and Third Defendants (and others) (the "Administration Order") and Mr Benjamin Cairns and Mr Richard Fleming of Alvarez & Marsal Europe LLP being appointed joint administrators (the “Joint Administrators”)
UPON the Joint Administrators filing an application for recognition of the Administration Order in the DIFC Courts on 20 October 2020 under DIFC Court Claim No CFI-090-2020 (the “Recognition Application”)
UPON the Court issuing an Order dated 9 November 2020 directing that there will be an interim stay of this proceeding as against the First and Third Defendants until the Court determines the Recognition Application, or until the first available date after 26 November 2020 if there has been no determination on the Recognition Application by 26 November 2020.
UPON the Recognition Application being heard before Justice Martin in the DIFC Court on 10 November 2020, and the Judge directing, inter alia, that the Joint Administrators shall be entitled to the active assistance of the DIFC Courts in carrying out their functions as administrators
AND UPON the Claimant and the First and Third Defendants having agreed to the terms set forth
IT IS HEREBY ORDERED BY CONSENT THAT:
1. There will be an interim stay of these proceedings as against the First and Third Defendants. The interim stay will remain in place as against the First and Third Defendants until the administration proceedings in the ADGM are brought to an end as against the First and Third Defendants in accordance with the provisions of the ADGM Insolvency Regulations (2015) (as in force from time to time).
2. In the event that the administration proceedings are brought to an end / the Joint Administrators' appointment ceases to have effect / the Joint Administrators are removed from office (in respect of the First and/or the Third Defendant), the Joint Administrators shall comply with the notification provisions set out in the ADGM Insolvency Regulations (2015) (as in force from time to time) and shall in any event notify the Claimant of the end of the administration or cessation of their appointment as soon as practicable.
3. Liberty to apply.
4. Costs in the case.
Issued by:
Nour Hineidi
Registrar
Date of Issue: 6 December 2020
At: 1pm
