CFI 031/2020 Credit Europe Bank (Dubai) LTD v (1) New Medical Centre Trading LLC (2) NMC Healthcare LLC (3) Bavaguthu Raghuram Shetty
CFI 031/2020 Credit Europe Bank (Dubai) LTD v (1) New Medical Centre Trading LLC (2) NMC Healthcare LLC (3) Bavaguthu Raghuram Shetty
April 14, 2020  court of first instance - Orders
Claim No. CFI 031/2020
THE DUBAI INTERNATIONAL FINANCIAL CENTRE
COURTS
IN THE
COURT
OF FIRST INSTANCE
IN AN INTENDED ACTION
BETWEEN
CREDIT EUROPE BANK (DUBAI) LTD
Intended
Claimant
/Applicant
and
NEW MEDICAL CENTRE TRADING LLC
Intended First
Defendant
NMC HEALTHCARE LLC
Intended Second Defendant
BAVAGUTHU RAGHURAM SHETTY
Intended Third Defendant/ Respondent
CONSENT ORDER
UPON
the Applicant’s without notice application for a freezing order and provision of information order made by way of its Part 8 Claim Form dated 10 April 2020 and its Application Notice dated 10 April 2020
UPON
hearing from counsel for the Applicant at an ex parte hearing on 10 April 2020
UPON
the issuance of the Freezing and Provision of Information Order of Justice Wayne Martin on 10 April 2020 (the “
Freezing Order
“)
UPON
the Applicant’s application for the Freezing Order to continue until further order of the
Court
made way of its Application Notice dated 12 April 2020
AND UPON
the Applicant and the Respondent agreeing to postpone the return hearing listed for 1pm (Dubai time) on Tuesday, 14 April 2020 (the “
Return Date
“)
IT IS HEREBY ORDERED BY CONSENT THAT:
1. The Return Date shall be vacated and relisted for the first available date (taking into account the parties’ availability) on or after 12 May 2020.
2. The Freezing Order shall continue in full force and effect until further order of the Court or the Return Date as relisted pursuant to paragraph 1 above.
3. The parties have liberty to apply to postpone the Return Date beyond the time set out in paragraph 1 above.
4. Paragraphs 3.1 of the Freezing Order is deleted and replaced with the following new paragraph 3.1:
Unless paragraph 3.2 applies, the Respondent must by no later than 4pm (
UAE
time) on Thursday, 23 April 2020 and to the best of his ability inform the Applicant’s legal representatives of all of his assets worldwide exceeding USD 10,000 in value whether in his own name or not and whether solely or jointly owned, giving the value, location and details of all such assets.
5. Paragraph 3.3 of the Freezing Order is deleted and replaced with the following new paragraph 3.3:
As soon as practicable and in any event by no later than 4pm (UAE time) on Thursday, 30 April 2020, the Respondent must swear and serve on the Applicant’s legal representatives an
affidavit
setting out the above information.
Costs reserved.
Issued by:
Nour Hineidi
Deputy Registrar
Date of issue: 14 April 2020
Time: 5.30pm