ICICI Bank Limited v Bavaguthu Raghuram Shetty [2024] DIFC CFI 034 (18 September 2024)

ICICI Bank Limited v Bavaguthu Raghuram Shetty [2024] DIFC CFI 034 (18 September 2024)

The Defendant is permitted to serve its Supplemental Expert Report by 4pm on 19 September 2024, as late service is acceptable if the report is responsive and does not cause substantial prejudice. The admissibility of the Supplemental Report will be determined at trial. No order is made for production of the 11 documents as the Claimant’s explanation for their absence is accepted. The Claimant’s Supplemental Expert Report is not invalid or inadmissible as parties had agreed to its exchange.

Citation
[2024] DIFC CFI 034
Parties
Claimant: ICICI Bank Limited; Defendant: Bavaguthu Raghuram Shetty
Jurisdiction
United Arab Emirates
Judgment Date
18 September 2024
Procedural Posture
Civil / Interlocutory Application (pre Trial Order)
Outcome
Defendant permitted to serve Supplemental Expert Report out of time; admissibility reserved; no order for document production.
Legal Topics
Disclosure of Documents, Expert Evidence, Admissibility of Evidence, Late Filing
Civil Procedure Disclosure of Documents Expert Evidence Admissibility of Evidence Late Filing

Case Brief

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Parties

ICICI Bank Limited

Claimant

Bavaguthu Raghuram Shetty

Defendant

Procedural Posture

Civil / Interlocutory Application (pre Trial Order)

Legal Issues

  1. 1 Whether the Defendant should be granted an order for production of specified documents
  2. 2 Whether the Claimant’s Supplemental Expert Report should be deemed invalid and inadmissible
  3. 3 Whether the Defendant should be permitted to file a Supplemental Expert Report out of time

Ratio Decidendi

The Defendant is permitted to serve its Supplemental Expert Report by 4pm on 19 September 2024, as late service is acceptable if the report is responsive and does not cause substantial prejudice. The admissibility of the Supplemental Report will be determined at trial. No order is made for production of the 11 documents as the Claimant’s explanation for their absence is accepted. The Claimant’s Supplemental Expert Report is not invalid or inadmissible as parties had agreed to its exchange.

Court Disposition

Defendant permitted to serve Supplemental Expert Report out of time; admissibility reserved; no order for document production.

Orders

  • Defendant to serve Supplemental Expert Report by 4pm on 19 September 2024.
  • Decision on admissibility of the Supplemental Report reserved until first morning of trial.