State Bank of India (DIFC Branch) v (1) NMC Healthcare LLC (2) NMC Speciality Hospital LLC, Abu Dhabi (3) New Medical Centre LLC Dubai (4) New Medical Centre Speciality Hospital LLC, Al Ain (5) Mr. B.R Shetty [2026] DIFC CFI 047 (18 February 2026)

State Bank of India (DIFC Branch) v (1) NMC Healthcare LLC (2) NMC Speciality Hospital LLC, Abu Dhabi (3) New Medical Centre LLC Dubai (4) New Medical Centre Speciality Hospital LLC, Al Ain (5) Mr. B.R Shetty [2026] DIFC CFI 047 (18 February 2026)

The application for permission to appeal was dismissed because none of the proposed grounds disclosed a real prospect of success. The refusal to allow amendment of the defence was a discretionary case management decision with no error. The guarantee expressly survived discharge of the principal debt. The trial judge's findings on credibility and expert evidence were justified and not open to appellate interference.

Citation
[2026] DIFC CFI 047
Parties
Claimant/appellant: State Bank of India (DIFC Branch); Defendant/respondent: NMC Healthcare LLC; Defendant/respondent: NMC Speciality Hospital LLC, Abu Dhabi; Defendant/respondent: New Medical Centre LLC Dubai; Defendant/respondent: New Medical Centre Speciality Hospital LLC, Al Ain; Defendant/respondent: Mr. B. R Shetty
Jurisdiction
United Arab Emirates
Judgment Date
18 February 2026
Procedural Posture
Commercial Claim (guarantee Enforcement) / Application for Permission to Appeal (court of Appeal)
Outcome
Application for Permission to Appeal dismissed
Legal Topics
Personal Guarantee, Enforcement of Guarantee, Procedural Fairness, Appeal Procedure
Commercial Law Banking Law Personal Guarantee Enforcement of Guarantee Procedural Fairness Appeal Procedure

Case Brief

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Parties

State Bank of India (DIFC Branch)

Claimant/appellant

NMC Healthcare LLC

Defendant/respondent

NMC Speciality Hospital LLC, Abu Dhabi

Defendant/respondent

New Medical Centre LLC Dubai

Defendant/respondent

New Medical Centre Speciality Hospital LLC, Al Ain

Defendant/respondent

Mr. B. R Shetty

Defendant/respondent

Procedural Posture

Commercial Claim (guarantee Enforcement) / Application for Permission to Appeal (court of Appeal)

Legal Issues

  1. 1 Whether permission to appeal should be granted against the judgment enforcing a personal guarantee
  2. 2 Whether refusal to amend defence constituted procedural unfairness
  3. 3 Whether there was apparent bias or procedural irregularity

Ratio Decidendi

The application for permission to appeal was dismissed because none of the proposed grounds disclosed a real prospect of success. The refusal to allow amendment of the defence was a discretionary case management decision with no error. The guarantee expressly survived discharge of the principal debt. The trial judge's findings on credibility and expert evidence were justified and not open to appellate interference.

Court Disposition

Application for Permission to Appeal dismissed

Orders

  • The Application for Permission to Appeal is dismissed.
  • The Fifth Defendant is to pay the Claimant’s costs of the Application to be assessed by the Registrar if not agreed.