Claim No. CFI 036/2020
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
CREDIT EUROPE BANK (DUBAI) LTD
and
(1) NEW MEDICAL CENTRE TRADING LLC
(2) NMC HEALTHCARE LLC
(3) BAVAGUTHU RAGHURAM SHETTY
Defendants
CONSENT ORDER
UPON the Claimant’s Claim Form dated 19 April 2020 and accompanying Particulars of Claim
AND UPON the Third Defendant filing a Defence on 28 May 2020 and the First and Second Defendant filing a Defence on 3 June 2020
AND UPON the Claimant filing a Reply to the Third Defendant’s Defence on 18 June 2020
AND UPON the Court Registry listing a Case Management Conference on 4 August 2020
AND UPON the Claimant’s Application No. CFI-036-2020/5 dated 30 July 2020 for immediate judgment against the First and Second Defendants and, in the alternative, to strike out the First and Second Defendants’ Defence (the “Claimant’s Immediate Judgment Application”)
AND UPON the parties agreeing to vacate the Case Management Conference listed on 4 August 2020 and agreeing for it to be relisted on the first available date after a hearing of the Claimant’s Immediate Judgment Application
AND UPON the Claimant filing and serving the Claimant’s Immediate Judgment Application on 3 August 2020
AND UPON the First and Second Defendant applying for a stay of proceedings in light of Cabinet Resolution No (17) of 2020 or in the alternative an extension in which to file their Evidence in Answer of the Claimant’s Immediate Judgment Application on 7 September 2020 (issued on 8 September 2020) (“Stay Application”)
AND UPON the First and Second Defendant filing their Evidence in Answer of the Claimant’s Immediate Judgment Application on 13 September 2020
AND UPON the Claimant responding by email to the First and Second Defendants’ Stay Application on 10 September 2020
AND UPON the Judge with conduct of the matter providing directions in response to Stay Application on 16 September 2020
AND UPON the First and Second Defendants requesting an extension to the timetable directed by the Judge in response to the Stay Application
AND UPON the Judge with conduct of the matter providing revised directions with regards to the Stay Application on 17 September 2020
AND UPON the First and Second Defendant filing their evidence in support of the Stay Application on 22 September 2020
AND UPON the Claimant and the First and Second Defendant having agreed to the terms set forth
IT IS HEREBY ORDERED BY CONSENT THAT:
1. The timetable for the Claimant’s Immediate Judgment Application will be adjourned and the new dates for which shall be agreed, if necessary, during the week commencing 27 September 2020, to be agreed on or before 4 October 2020 or otherwise directed by the Court.
2. The timetable for the First and Second Defendants’ Stay Application will be adjourned and the new dates for which shall be agreed, if necessary, during the week commencing 27 September 2020, to be agreed on or before 4 October 2020 or otherwise directed by the Court;
3. Costs shall be costs in the case.
Issued by:
Ayesha Bin Kalban
Assistant Registrar
Date of issue: 24 September 2020
Time: 2pm